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guests.
4.6.8 No person shall smoke tobacco, electronic smoking devices, cigarettes, pipes, or cigars at any City of Beaumont facility, except that tobacco products may be smoked in outside areas designated by the City Manager for and during certain special events per Beaumont Municipal Code section 8.42.010
4.6.9 Any Applicant desiring to charge an admission fee, donations, and/or sell any items, must submit a written request at the time of the reservation. No monies may be exchanged at the facility without prior written authorization from the Community Services Director or designee. Additional insurance may be required. Commercial use is permitted with a valid Beaumont Business License.
4.6.10 Gambling is not allowed on City property per Beaumont Municipal Code Section 9.08.010.
4.6.11 All fundraising efforts (including raffles or donations) must have prior approval from the City, and abide by all state and federal laws, including providing the necessary permits. Additional fees may be required. No monies may be exchanged at the facility without prior written authorization from the Community Services Director or their designee. Applicant must submit a written request at the time of the reservation.
4.6.12 Animals are not permitted inside City facilities except service animals per Beaumont Municipal Code section 6.04. Animals being used for commercial or event purposes outside may be permitted by the Community Services Director or their designee. The animal(s) must remain under the control of the Animal Handler at all times. The Animal Handler must provide the necessary insurance per section 4.7 of this policy. If approved, additional deposit may be required.
4.6.13 Sleeping or lodging is not permitted at City facilities.
4.6.14 Food and Beverage regulations apply to all rentals. Food service must be provided by a licensed caterer, restaurant, or deli. For all on-site catered services and cooking, a valid Riverside County Public Health Permit must be submitted at leas t fifteen (15) days prior to the reservation date.
4.6.15 All food and beverages must be consumed within designated areas.
4.6.16 The Facility Supervisor may require any group of any size to have a security guard present during reservation.
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4.6.17 Events not covered in this policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A variance may be required as provided in Section 5 of this policy.
4.7 INSURANCE REQUIREMENTS
4.7.1 All users of the facilities shall procure and maintain, at their own expense and for the duration of the event covered, Comprehensive General Liability Insurance in the amount of one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) general aggregate. The coverage shall include bodily injury, personal injury, and property damage. An Additional Insured Endorsement from the Applicant’s insurer naming the City of Beaumont must accompany the evidence of Comprehensive
General Liability Insurance.
4.7.2 The approved ORGANIZATION or Applicant, whose name appears on the reservation application, must secure the liability insurance.
4.7.3 If alcohol is to be served, full liquor liability coverage is required.
4.7.4 Insurance must be submitted no later than fifteen (15) days prior to event date.
4.8 DECORATING, SETUP, AND CLEANUP.
4.8.1 All applicants must submit an event floorplan. A floorplan must be submitted at least fifteen (15) days prior to event and must receive written approval prior to event.
4.8.2 Supplies and items may not be dropped off and vendors may not utilize the facility until the paid contracted time. Applicant shall discuss with vendors time constraints for preparations/cleaning in order to determine sufficient time is reserved and available.
4.8.3 All unloading and loading must be done from parking stalls, properly marked loading curbs, or designated drop-off areas.
4.8.4 City equipment may not be moved, rearranged, or altered for purposes other than its intended use. City equipment shall not be removed from any facility.
4.8.5 The City will provide setup of City AV equipment only, prior to facility rental start time, based on room facility capacities per City Fire Code regulations.
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4.8.6 Decorations require prior approval by City staff and must conform to all City Fire Code regulations. Decorations must be fireproof.
Decorations, tents, draping, or other equipment must be included in the submitted floorplan and must receive written approval prior to event date.
4.8.7 Decorations must not be displayed or installed in such a manner that would damage or deface furniture, fixtures, or structure of the facility. The use of duct tape, nails, staples, or other sharp materials or instruments is NOT permitted. Prior approval for adhesive or magnetic materials must be given by the Facility Supervisor or designee.
4.8.8 The use of indoor/outdoor “cold pyrotechnic displays,” smoke/fog machines, incense, confetti, rice, glitter, birdseed, hay bales, balloon shine spray or the release of balloons, are NOT PERMITTED.
4.8.9 Cleanup is the Applicant’s responsibility a nd includes, but not limited to sweeping/mopping, wiping of table-tops, cleaning of chairs, disposing of all trash into proper receptacles, mopping of kitchen floor, wiping of counter tops and kitchen equipment, all user-owned or leased (non-City owned items) by the end of the rental. Storage is not provided at City facilities.
4.8.10 Any non-City owned personal or rental items brought in for use by the Applicant must be removed prior to the contracted time. Any items left behind are subject to immediate disposal.
4.8.11 Decorating, setup, and cleanup must be completed within the approved reservation time. Any thirty (30) minute increment of time that extends beyond the reserved hours will be deducted from the reservation deposit in one hour increments for staff time.
4.9 USE OF CANDLES AND OTHER OPEN-FLAME DEVICES
4.9.1 Fire/Open Flame use is strictly prohibited without written approval by Facility Supervisor depending on request. Request for permit, along with sample candle or open flame device, must be submitted to City staff a minimum of fifteen (15) days prior to reservation date.
4.9.2 Sterno heaters for food warming are allowed without a permit if sterno’s are placed under a chafing dish on a table with no guests seated at the table.
4.9.3 Propane containers (or similar Class I and II liquid fuels) are prohibited inside City facilities at all times.
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4.9.4 Barbecuing will NOT be permitted outside City facilities without prior written approval from the Facility Supervisor or designee. If determined to be approved, any/all outdoor cooking shall only be done in areas specifically designated for such type of cooking and can only be done through a licensed caterer that provides a valid Riverside County Public Health Permit. Caterers may be required to provide necessary insurance per Policy Section 4.7, and additional deposit may be required.
4.10 AMPLIFICATION SYSTEM
4.10.1 Amplification systems, including music, blue-tooth speakers, public address systems, DJs, karaoke, film/video systems, and other large systems, will not be permitted without prior written approval.
Additional fees and insurance may be required.
4.10.2 Amplification systems shall be permitted at designated outdoor rental areas between the hours of 7:00 a.m. and 10:00 p.m., Monday through Sunday.
4.10.3 Only patrons 18-years and older will be allowed to operate any facility owned amplification system.
4.10.4 The use of profane, defamatory, lewd, vulgar, belligerent, or malicious language will not be tolerated and is grounds for suspension of use. Failure to comply with the Amplification System requirements will result in loss of privileges to use system.
4.11 ALCOHOL
4.11.1 Alcohol is permitted at Albert A. Chatigny Sr. Community Recreation Center and Beaumont Civic Center. A permit from the California Department of Alcohol Beverage Control may also be required, depending on the type of event.
4.11.2 Alcohol use refers to ANY beverage that contains alcohol.
4.11.3 The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and City Ordinances.
4.11.4 No alcoholic beverages shall be served to any person under 21 years of age. Injuries caused to a person as a result of alcoholic beverages being served to, or consumed by, a minor on City premises, arising off the City premises, or as a result of alcohol being available on City’s premises, shall be the sole responsibility of the Applicant. The applicant’s failure to comply, monitor and enforce this provision is grounds for terminating the activity immediately, with forfeiture of the refundable deposits and all of the
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facility rental fees.
4.11.5 Security Guard(s) are required to be present at all events where alcohol is served. Cost of the security is the responsibility of the Applicant. Applicant must arrange for security to be available a minimum of thirty (30) days prior to event, pay all fees associated with security and provide a copy of the contract to the City. Number of security guards is determined by the number of guests.
Any event that permits or provides alcohol beverages, and/or permits dancing, shall be required to include a uniforme d, licensed and bonded security guard or Peace Officer for every 50 attendees/patrons expected to participate, with a minimum of one such guard or officer per Beaumont Municipal Code section 9.03.060
4.11.6 Serving and/or selling of alcoholic beverages may be allowed for a MAXIMUM OF FIVE (5) CONSECUTIVE HOURS. Serving of
any alcoholic beverages MUST END ONE (1) HOUR BEFORE
the scheduled reservation’s conclusion.
4.11.7 Alcohol may NOT be served or sold prior to or beyond the approved alcohol service time.
4.11.8 Alcohol must be distributed in individual servings from behind a table or bar. A server or bartender must monitor the bar at all times.
The server(s) must be at least 21 years of age or older and be responsible in ensuring that no minor is served alcohol. The serve r must ensure that guests are not over-served. The server or bartender may not consume alcohol while on duty.
4.11.9 There will be NO drinking directly from alcohol bottles or cans.
Champagne bottles must be opened only in the kitchen.
4.11.10 The California Department of Alcoholic Beverage Control (ABC) requires a license when alcohol is being served or sold at an event that is open to the public that requires an admission fee, donation, or “other fee” such as tickets/raffles, or tips. Private parties such as weddings, anniversaries, birthdays, meetings, shall not sell alcohol on their own and must arrange this service through a licensed caterer. The caterer must have a license obtained from ABC, which enables the caterer to sell beer, wine, and distilled spirits. If the caterer does not have this license, the private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a private party to sell alcohol on their own.
A copy of the ABC license must be furnished to the City a minimum of seven (7) days prior to the reservation date.
A copy of the ABC license must be posted in plain sight, near the bar, and other locations where alcohol is being served.
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Failure to comply with any regulations will result in IMMEDIATE REVOCATION OF PERMISSION to use
alcohol and termination of the event without refund.
4.12 FACILITY SPECIFIC RULES FOR THE BEAUMONT CIVIC CENTER & ALBERT A. CHATIGNY SR. COMMUNITY RECREATION CENTER.
The facilities are intended to be used for meetings, workshops, trainings, special events, parties, forums, and other community related activities.
CIVIC CENTER OFFICE HOURS
Monday – Thursday: 8:00 a.m. to 5:00 p.m.
Friday: 8:00 a.m. to 12:00 p.m.
Saturday & Sunday: CLOSED
COMMUNITY RECREATION CENTER OFFICE HOURS
Monday – Thursday: 8:00 a.m. to 5:00 p.m.
Friday & Saturday: 8:00 a.m. to 12:00
Sunday: CLOSED
4.12.1 The use of the facility outside of regular business hours require additional payment for a city employee to be present in the building for the full length of your use. The Staff Fee is charged per hour of use for a city employee to be present during the rental activity.
4.12.2 User Group Reservation Priority
Group A: Up to twelve (12) months in advance and are limited to twelve (12) bookings per year, unless approved by the
Community Services Director or designee.
Group B: Up to six (6) months in advance.
All Group B users are limited to the following:
• One (1) “free” weekday meeting per week.
• Two (2) “free” special events at the Albert A. Chatigny Sr. Community Recreation Center OR Civic Center per
year.
• Beaumont approved scout troops receive one (1) “free” 2-hour reservation per troop, per month.
All “free” reservations are based on availability, limited to one
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room at the facility, and must take place during regular business hours.
Reservations taking place outside of normal office hours are subject to Staff Fees.
Practices and games are NOT eligible for fee waiver.
Group C: Up to twelve (12) months in advance; limited to six (6) bookings per year, unless approved by the Community
Services Director or designee.
Group D: Up to twelve (12) months in advance; limited to six (6) bookings per year, unless approved by the Community
Services Director or designee.
4.12.3 Kitchen Use
All kitchen areas must be cleaned and returned to the condition they were in when the Applicant first arrived. All counter tops and equipment must be wiped clean. All spills in refrigerator, microwave, and on floors must be cleaned and/or mopped. All trash from kitchens must be placed in the proper trash receptacles.
Applicant must provide all kitchen utensils (i.e. pots, pans, serving utensils, silverware, etc.).
Any outside catering, including food trucks, taco carts, BBQ companies, etc., must provide a valid copy of their Riverside County Public Health Permit.
All personal items must be removed after each scheduled use.
Any items left will be disposed of immediately.
Equipment available includes refrigerator, freezer, warming top, hot food service unit, work tables, prep sink, wash sink, and ice machine.
Fee for use of the kitchen is stated on the fee schedule.
5. VARIANCES REQUEST PROCESS
An Applicant may request a variance from one or more of the rules listed below in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy.
Rental of facility beyond stated closing times.
Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls.
The use of multiple rooms, facilities, and or spaces not normally scheduled for use that may result in parking of event attendees in areas beyond the boundary of City
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facilities, or events not covered in this policy.
For user groups not eligible for free reservations, a fee waiver request may be submitted when it is determined that the use by the organization will provide a substantial and measurable benefit to the Beaumont Community. Must be approved by the Community Services Director or designee.
5.1 Requests must be submitted in writing to the Community Services Director.
The request must set forth the unusual circumstances that justify a deviation from the original policy.
5.2 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the facility at the same time or to the immediately surrounding neighborhood.
5.3 In the event a variance is granted, the Applicant will pay any supplemental fees necessary to compensate the City for additional costs associated with the variance.
6. RENTAL FEES
ALBERT A. CHATIGNY SR. COMMUNITY RECREATION CENTER
Deposit Private Non-
Profit
*Multipurpose Room 1/2 or 3
MP 1/2 Occupancy 30
MP 3 Occupancy 16
$100 $50/Hour $40/Hour
*Class Room 1 or 3
RM 1 Occupancy 20
RM 3 Occupancy 25
$100 $50/Hour $40/Hour
*Dance/Fitness Room
Occupancy 25 $250 $65/Hour $50/Hour
Kitchen $250 $150/Day $150/Day
*Gymnasium
Occupancy 700 $500 $150/Hour $125/Hour
Building Attendant
Required for events after regular business hours N/A $20/Hour $20/Hour *Two (2) hour minimum
Reservations require insurance
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BEAUMONT CIVIC CENTER
Deposit Private Non-
Profit
*Gymnasium
Occupancy 500 $500 $150/Hour $125/Hour
Building Attendant
Required for all events N/A $20/Hour $20/Hour
*Two (2) hour minimum
Reservations require insurance
COMMUNITY PARK PAVILIONS
Deposit Private Non-Profit
Pavilion $250 $25/Hour $25/Hour
Restroom Key $50 N/A N/A
Reservations require insurance
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 18, 2023
SUBJECT: Update on Sundance Specific Plan Improvement Requirements
Description Status update on remaining improvements related to the Sundance Specific Plan.
Background and Analysis:
The Deutsch Specific Plan was originally approved in 1990 which allowed for the development of 1,162 acres which included 1,968 single family residences, 2,208 patio residences, and 675 condominium/apartment units. Actual development of the plan area did not commence until 2001.
In 2004, the Deutsch Specific Plan was amended and renamed to the Sundance Specific Plan (Sundance SP). The amended Sundance SP allowed for up to 4,450 dwelling units. A comparison of the land use changes is shown below:
The Sundance SP identified the following mitigation measures which replaced the mitigation measures listed in the Deutsch SP:
1. Construct Cherry Avenue from Brookside Avenue to Oak Valley Parkway at is ultimate half-section width as a Secondary (88 foot ROW and 64 foot curb-to- curb width) in conjunction with development.
2. Construct Brookside Avenue from Cherry Avenue to Highland Springs Avenue at its ultimate half -section width as a Secondary (88 foot ROW and 64 foot curb-to-curb width) in conjunction with development.
3. Construct Highland Springs Avenue from Brookside Avenue to 8th Street at its ultimate half-section width as an Arterial (110 foot ROW and 86 foot curb - to curb width) in conjunction with development.
4. Construct 8th Street from Xenia Avenue to Highland Springs Avenue at its ultimate half-section width as a Secondary (88 foot ROW and 64 foot curb -to- curb width) in conjunction with development.
5. Construct Oak Valley Parkway from Cherry Avenue to Highland Springs Avenue at its ultimate full-section width as a Major (100 foot ROW and 76 foot curb-to-curb width) in conjunction with development.
6. Construct Xenia Avenue from Starlight Avenue to 8th Street at its ultimate full - section width as a Major (100 foot ROW and 76 foot curb-to-curb width) in conjunction with development.
7. Construct Starlight Avenue from Cougar Way to Highland Springs Avenue at its ultimate full-section width as a Divided Collector (78 foot ROW and 56 foot curb-to-curb width) in conjunction with development.
8. Construct Cougar Way from Cherry Avenue to Highland Springs Avenue at its ultimate full-section width as a Secondary (88 foot ROW and 64 foot curb -to- curb width) in conjunction with development.
9. Onsite traffic signing/striping should be implemented in conjunction with detailed construction plans for the project site.
10. Adequate onsite parking should be provided to meet the City of Beaumont's parking requirements.
11. Sight distance at the project entrances shall be reviewed with respect to standard California Department of Transportation (Caltrans)/City of Beaumont sight distance standards at the time of preparation of final grading, landscape, and street improvement plans.
12. Traffic signals shall be installed at the following intersections:
• Cherry Avenue (NS) at Oak Valley Parkway (EW)
• Starlight Avenue (NS) at Oak Valley Parkway (EW)
• Xenia Avenue (NS) at:
o Starlight Avenue (EW)
o 8th Street (EW)
• Highland Springs Avenue (NS) at:
o Oak Valley Parkway (EW)
o Starlight Avenue (EW)
• Cherry Avenue (NS) at Cougar Way (EW)
• Starlight Avenue (NS) at Cougar Way (EW)
• Highland Springs Avenue at Cougar Way (EW)
13. The project applicant shall participate in the phased construction of the following off site roadway segments (Figure 3.8) through payment of established City of Beaumont fees and participation in the Transpo rtation Uniform Mitigation Fees (TUMF) Program, or construction of the following offsite facilities under appropriate fee credit agreements:
Provide ramp and bridge improvements at the Oak Valley Parkway/I-IO interchange.
Provide ramp and bridge improvements at the Highland Springs Avenue/I- IO interchange.
Widen Oak Valley Parkway from I-10 to Oak View Drive to provide four through travel lanes.
Widen Oak Valley Parkway from Oak View Drive to Beaumont A venue to provide four through travel lanes.
Widen Highland Springs Avenue from Oak Valley Parkway to 6th Street to provide four through travel lanes.
Widen Highland Springs Avenue from 6th Street to I-10 to provide six through travel lanes.
Widen Oak Valley Parkway from Beaumont A venue to Cherry A venue to provide four through travel lanes.
Widen Pennsylvania Avenue from 6th Street to I -10 to provide four through travel lanes.
The Sundance SP states that after implementation of the preceding mitigations, “no significant impact would occur.”
Additionally, Condition of Approval #19 of the Third Amendment to the Sundance SP states that:
19. A land use buffer shall be established along the site's northerly perimeter, along the entire length of Brookside Avenue to provide a proper land use transition for what is anticipated to be lower density residential development in the future. Said buffer shall provide for a masonry wall as approved by the Director of Planning, along with landscape improvement requirements to be set forth upon the review of subdivision maps for the subject area. These improvements shall be in addition to the improvements associated with the Brookside Avenue right -of-way.
Staff is currently working with the developer to ensure that the required mitigations are implemented, or fair share contributions have been provided to satisfy their prorata share. Many of the specific mitigations and improvements have been satisfied in accordance with the Sundance SP, associated Conditions of Approval, and the Development Agreement.
Staff is currently performing a bond reconciliation for Sundance public improvements.
City records show that 70 performance and/or maintenance bonds are still in effect for various street, traffic signal, sewer, drainage, monuments, and landscape improvements.
Currently, Tri-pointe Homes has approximately 270 remaining residences to construct within the Sundance area. Realizing City Council concerns and the fact that this development is nearing completion, staff intends to develop a timing and implementation plan for remaining improvements. To ensure forward progress, the City Manager, Community Services Director, and Public Works Director meet monthly with the developer to address these specific issues. Furthermore, staff has recently worked with the developer to facilitate the following improvements:
PA14 Cherry Valley Landscaping – Landscaping improvements on the east side of Cherry Avenue, between Eight Street and Tenth Street, are currently underway and expected to be complete within the 2 months.
PA26 Basin Landscape – Landscape improvements for the detention basin at the northeast corner of Oak Valley Parkway and Starlight Avenue are largely complete pending completion of “punch-list” items.
Brookside Avenue Improvements – Developer is currently working on conceptual design for street and drainage improvements. Historically, stormwater run -from the upstream areas has inundated Brookside in moderate rain events. Recent drainage improvements constructed by Riverside County Flood Control (Flood Control) have significantly reduced the flooding potential and made remediation for Brookside Avenue feasible.
Additionally, Flood Control has a current project in the preliminary engineering phase which will mitigate drainage issues related to the unimproved areas of Marshall Creek, particularly the intersection of Cherry Avenue and Brookside Avenue. Pending improvements being requested by the developer will widen Brookside Avenue, remediate flooding issues in cooperation with Flood Control, and create a landscape buffer between Brookside Avenue and the northerly boundary of the Sundance SP.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $750.
Recommended Action:
Receive and file the update on the Sundance Specific Plan Improvement requirements.
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE July 18, 2023
SUBJECT: Direction to City Staff on Proposed Amendments to Beaumont Municipal Code Section 17.07 - Signs
Description Review of Code Section 17.07 – Signs for compliance with recent case law pertaining to non-commercial signage.
Background and Analysis:
This is a continued discussion from April 4, 2023, where the City Council directed staff to further research and make specific changes to the proposed amendment of Municipal Code Section 17.07 – Signs. These amendments are necessary for compliance based on recent case law related to non-commercial signage.
Although several components of the sign code have been discussed, including billboards, electronic signs and non-commercial signs, the focus of the changes in this proposed amendment is specifically to address non-commercial signs.
Previous City Council Action:
On July 20, 2021, based on the directives of the Supreme Court, City Staff provided to City Council background on the U.S. Supreme Court holding in Reed v. Town of Gilbert and its impact on sign ordinances. In coordination with the City Attorney, City Staff drafted proposed changes to Municipal Code Section 17.07 – Signs to amend the regulations to comply with the U.S. Supreme Court case.
At that meeting, City Council provided further direction to City staff to make edits on proposed changes to Section 17.07, and bring it back for review. Specifically, it believed the 45 days for political signs was insufficient during election time. It also requested consideration of certain modifications to the placement requirements in the right -of-way.
On April 4, 2023, City Council discussed the proposed changes to non-commercial signs within the municipal code and provided direction to staff. Minor changes include clarifying existing regulations and practices, removing unnecessary definitions or types of signs, and expanding the definition section of the document to assist with code
interpretations. No significant changes are proposed to the number of signs allowed or the square footage limitations for principal signage in commercial and industrial zoning districts.
Those changes are reflected in the current discussion version included as Attachment A and Attachment B is a redlined version.
As part of the Zoning Code Update, staff will be bringing back the sign code for a separate discussion on other components of the sign code including digital signs, billboards and commercial sign standards.
Fiscal Impact:
City staff estimates the cost for preparing the staff report to be $2,500.
Recommended Action:
Discussion and direction to staff on proposed changes to Municipal Code Section
17.07-Signs related to non-commercial signage.
Attachments:
A. Proposed Clean Version
B. Current Code with Redlines
C. Map insert
D. April 4, 2023 Staff Report
1 Chapter 17.07 - SIGNS
17.07.010 - Purpose, needs, and goal interest served.
It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.
A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signing is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signing. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.
B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.
C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information.
17.07.020 - Objectives.
The objectives of this section chapter are:
1. To allow for signage which is effective to direct persons to various activities and enterprises, in order to provide for public convenience;
2. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;
3. To encourage signs which are well designed and pleasing in appearance;
4. To encourage a desirable urban character which has a minimum of overhead clutter;
5. To enhance the economic value of the community and each area thereof by reasonably limiting the size, number, location, design and illumination of signs;
6. To encourage signs which are compatible with on-site and adjacent land uses;
7. To help facilitate the establishment of identifiable special areas and enclaves in the community and to enhance important historic elements in such areas;
8. To preclude potential traffic and safety hazards through good signing;
9. To protect the general public health, safety and welfare of the community;
10. To regulate signs in a manner consistent with the General Plan;
11. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and
12. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the
respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.
17.07.030 - Basic policies.
The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.
A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may des ignate one or more representatives of the department to implement the provisions of this Chapter.
B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.
C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.
Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director’s review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.
D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted.
E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.
F. Rules for Non-Communicative Aspects of Signs. All rules and regulations concerning the non- communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.
G. Billboard Policy.
1. Prohibition: The City Council finds that the City already has a sufficient number of Billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional Billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely
prohibits the construction, erection or use of any Billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing Billboards pursuant to this section
2. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code.
H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.
I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.
J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures.
K. Preservation of Existing Rights and Duties. This Chapter does not abrogate any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.
L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these basic policies unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.
M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, senten ce, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable.
17.07.040 - Categorization of signs.
For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:
A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.
B. Banner Sign. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.
C. Billboard Sign or Billboard. A permanent structure sign used for the display of offsite commerc ial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy.
D. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale.
E. Directional Sign, on-site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).
F. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.
G. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.
H. Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, an d klieg lights only when they are used for commercial messages.
I. Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.
J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.
N. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off-site or on-site signs.
O. Off-site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.
P. On-site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.
Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract att ention of passersby.
R. Permanent Sign. A stationary sign permanently attached to the ground or to a structure.
S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.
T. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.
U. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.
V. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.
W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.
X. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.
Y. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs , construction signs, on- site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.
Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.
AA. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or struc ture, the exposed face of which is in a plane approximately parallel to the plane of the wall.
BB. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.
17.07.050 - Definitions.
For purposes of this Chapter, the following words and phrases have the meanings stated in this section.
A. Administrator. Same as Director.
B. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.
C. Area of Sign. The area of a sign shall include the entire area within a series of rectangles (maximum four per visual plane) whose outermost borders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, th e sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, 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 or uprights on which any sign
is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.
D. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.
E. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies o nly to commercial messages.
F. Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.
G. Development. A building wherein two or more separate independently owned or operated establishments are located.
H. Director. The City's Community Development Director.
I. Establishment. Any non-residential use of land involving permanent structures or buildings.
J. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.
K. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.
L. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.
M. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element.
Landscape mounding shall not be used to artificially alter the height of a sign.
N. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.
O. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.
P. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.
Q. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. Noncommercial messages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public controversies. The onsite/offsite distinction applies only to commercial messages.
R. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.
S. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact.
Each commercial complex or shopping center shall be allowed to designate only one primary street frontage. Where no single street frontage can be identified as t he primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning
Director shall designate the primary street frontage in conjunction with the review of proposed signs.
T. Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard.
U. Secondary Street Frontage. A street frontage other than a primary street frontage.
V. Shopping Center. Same as commercial complex.
W. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;
b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots); e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City;
h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel; i. Gravestones or grave markers; and
j. News racks and newsstands.
X. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.
Y. Uniform Sign Program. A detailed set of plans, specification and other information for signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, delineating the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the buildings forms or places where the signs will be displayed along with scaled sketches of existing signs on the premises.
Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.
17.07.060 - Administration, permits, and appeals.
A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.
B. Permit—Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution.
C. Permit Application—Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:
1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on th e plan.
2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.
3. Structural details and circulations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.
4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.
D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 15 working days.
Unless the applicant waives time, failure of the Director to issue a written decision within 15 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.
E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a writ ten notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appe al to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.
F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.
G. 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 Director's written notice of determination shall specify the grounds for such denial.
H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.
I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.
J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter.
K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).
L. Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sk etches of existing signs on the premises shall accompany the application.
M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.
N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter.
No sign shall be installed which does not conform to the approved Uniform Sign Program.
17.07.070 - General provisions.
A. Interpretation.
1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.
2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.
3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.
4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.
B. Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However,
the exemption from the sign permit requirement does not exempt the proposed sign from uniform code permitting on Title 15, including but not limited to building, electrical, plumbing and grading permits.
1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only.
2. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1).
3. Commercial temporary signs for construction or remodeling sites as provided in Section
17.07.080.B(4).
4. Commercial temporary signs for future tenant identification as provided in Section 17.07.080.B(5).
5. Memorial tablets, or plaques or directional signs, on-site for community historical resources, installed by a recognized historical society or civic organization.
6. Directional signs, on-site, not to exceed three (3) square feet in sign area.
7. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet.
8. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.
9. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority.
10. Commercial flags on commercial, industrial, or agricultural properties as provided in Section
17.07.080.B(7).
11. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones.
12. Safety signs on construction sites.
13. Temporary Signs with noncommercial messages, except for special event signs as provided in Section 17.07.080.A.
14. On-site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program as provided in Section 17.07.080.B(2).
15. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.
16. Temporary signs with a commercial message for garage or yard sale signs are allowed without permit as provided in Section 17.07.080.B(3).
17. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.B(6).
18. Signs on the public right-of way as provided in Section 17.07.090(E).
C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, eith er by permit or exemption from the permit requirement.
1. Roof signs;
2. Flashing signs, except time and temperature signs;
3. Animated signs;
4. Revolving signs;
5. Portable signs;
6. Off-site commercial signs on permanent structures;
7. Signs blocking doors or fire escapes;
8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;
9. Banners, flags, pennants and balloons, except for special events as provided for in this Chapter;
10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;
11. Signs, posters and advertisements attached to utility poles;
12. Exposed raceways; and
13. Billboards, except for relocated Billboards. See 17.07.030(G).
D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Director if architecturally designed and built into the roof structure.
Such design shall be compatible in design and materials with the building.
E. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.
F. Enforcement, Penalties and Abatement.
1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.
2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.
3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.
4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.
5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:
a. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.
b. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and ad dress of the owner or
other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed.
c. If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the d ecision of the Planning Commission shall become final ten days after mailing.
d. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decis ion. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten days after mailing. e. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign.
If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign with in the public right-of-way, the City may remove and destroy the sign. f. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be r emoved immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.
G. Construction and Maintenance of Signs.
1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction.
2. Every sign and all parts, portions and materials shall be maintained and kept in a first class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust , corrosion and graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a z oning violation and may be enforced as such by the city.
17.07.080 – Temporary Signs.
The following temporary signs are allowed:
A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on-site and off-site and are subject to the following regulations:
NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One-Half (1/2) Acre or Less Sign Quantity: Not Limited
Maximum Size of Any One Side
(measured one side only):
10 square feet
Maximum Area of All Signs Combined: 20 square feet
Maximum Height: 6 feet
Placement: At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it
shall not be replaced by the same or other
temporary sign for a period of not less than 90
consecutive days.
Sign Permit Required: No
Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One-Half (1/2) Acre
Sign Quantity: Not limited
Maximum Size of Any One Side
(measured one side only):
16 square feet
Maximum Area of All Signs Combined: 64 square feet
Maximum Height: 8 feet
Placement: At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it
shall not be replaced by the same or other
temporary sign for a period of not less than 90
consecutive days.
Sign Permit Required: No
B. Commercial Temporary Signs. Commercial temporary signs distinguish between on-site and off-site and are subject to the following regulations:
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
(1) Real Estate Signs for Sale, Lease, or Rent (Signs on Residential Properties) Sign Quantity: 1 sign per parcel or lot
Total Area Per Display Face: Not to exceed 8 square feet Total Display Faces: 2
Maximum Height: 5 feet
Setback from Property Line: At least 5 feet
Time Limitation: Shall be removed within 15 days of the sale, rental, or lease of the property
Sign Permit Required: No
(2) Real Estate Signs for Sale, Lease, or Rent (Signs on Industrial, Commercial or Agricultural Properties)
Sign Quantity: 1 sign per street frontage (Exception: Where a property has in excess of 600 linear feet of
frontage, one (1) additional sign is permitted for
each 600 linear feet of street frontage)
Total Area Per Display Face: Not to exceed 32 square feet Maximum Height: 8 feet
Setback from Property Line: At least 10 feet
Time Limitation: Shall be removed within 15 days of the sale, rental, or lease of the property
Sign Permit Required: No
(3) On-Site Temporary Window Signs Displaying a Commercial Message (Commercial zone, and for Commercial Uses in Industrial or Industrial/Business Park Zones When Approved as Part of a Uniform Sign Program)
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Window Area: 30 percent (on multi-story buildings, only the windows on the first floor may be counted), but
in no event shall window signs exceed 150 square
feet per street frontage
Placement: First floor only on multi-story buildings
Maximum Height: 20 feet in height above finished grade on one- story buildings
Time Limitation: 45 days
Sign Permit Required: No
(4) Garage and Yard Sale Signs
Sign Quantity: 3
Maximum Size: 3 square feet
Placement: Placed on private property, and not in the public right-of-way or on utility poles
Time Limitation: Erected on the day of the event as permitted and removed at sunset of each such day.
Sign Permit Required: No
(5) Construction Signs
Sign Quantity: 1 sign per project
Zone: Any district
Maximum Size: 32 square feet (unless a larger sign is required by another body of law, in which case the smallest
sign conforming to the law shall be used)
Maximum Height: 8 feet
Placement: Set back from the property line by at least 10 feet
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Time Limitation: Removed at the earliest of: issuance of certificate of occupancy, certificate of completion, or final
inspection check off, or their functional
equivalent or upon abandonment of project.
Sign Permit Required: No
(6) Future Tenant Identification Signs (Parcels 10 Acres or Less) Sign Quantity: 1 per street frontage
Maximum Area: 32 square feet
Maximum Height: 8 feet
Placement: Placed no less than 10 feet from any property line Time Limitations: Removed upon completion of project
Sign Permit Required: No
(7) Future Tenant Identification Signs (Parcels Greater than 10 Acres) Sign Quantity: 1 sign for every 600 feet of street frontage Maximum area: 64 square feet per side
Maximum Height: 15 feet
Placement: Placed no less than 10 feet from any property line; placed along the freeway at 1,000 foot
intervals, not to exceed 150 square feet in area
per side and 20 feet in overall height
Time Limitations: Removed upon completion of project
Sign Permit Required: No
(8) Commercial Flags and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office, or an Industrial Sales or Leasing Office
Sign Quantity: 6
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Maximum Size: 15 square feet
Maximum Height: 15 feet
Placement: Displayed in the immediate vicinity of the
sales/leasing office; not permitted within the
public right-of-way.
Time Limitations: Flags shall be maintained in good condition; torn or worn flags shall be replaced
Sign Permit Required: No
Additional Requirements: Residential subdivision office: Flags may be maintained as long as a valid operating permit for
the sales office remains in effect;
Commercial office or industrial sales or leasing
office: Flags may be maintained until 75 percent
of the spaces have been leased.
(9) Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property Less Than One Acre)
Sign Quantity: 3
Maximum Height: 30 feet
Maximum Area: 60 square feet (measured one side only)
Sign Permit Required: No
(10) Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property One Acre or Larger)
Sign Quantity: 6
Maximum Height: 30 feet
Maximum Area: 60 square feet (measured one side only)
Sign Permit Required: No
C. Temporary Signs for Special Events.
1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:
(a) Commercial sales, including grand openings and pre- and post-holiday sales;
(b) Arts and crafts shows, trade shows, antique shows, and other similar events;
(c) Carnivals, fairs, festivals, circuses, and similar activities; (d) Outdoor shows, concerts, and exhibitions;
(e) Community events; and
(f) Annual events.
2. Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event signs shall submit a letter to the director that describes the proposed event by location, area and time duration.
The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a sign permit. Special event sign permits are subject to the following regulations:
TEMPORARY SIGNS FOR SPECIAL EVENTS
Sign Criteria Limitation
Sign Quantity: 1 (may be in the form of a banner or pennant) Maximum Area: 50 square feet in area (measured one side) Maximum Height: 10 feet
Zone: Any district
Time Limitation: Taken down with 7 days of the event
Sign Permit Required: Yes
17.07.090 - Signs permitted in all zones.
A. Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances.
B. Special Event Signs. See 17.07.080.C for applicable standards.
C. Permitted Signs—On-site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:
1. One temporary on-site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for each side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage).
2. Such commercial signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences.
3. Such commercial signs shall be maintained in good repair at all times.
4. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is fo rced to remove any signs, then the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.
D. Permitted Signs—Temporary Subdivision Commercial Directional Signs, On-Site. The following signs may be permitted in any zoning district subject to the provisions listed:
1. A maximum of six (6) signs may be used to lead customers to the site.
2. Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure. The City may, from time to time, develop or amend the design details for this sign structure.
3. Such a commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow.
4. The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non-communicative aspects of the sign.
5. Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit.
6. A sign location plan shall be prepared showing the site of each commercial directional sign, on- site and shall be submitted to the planning department prior to the issuance of a sign permit.
7. Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision.
8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs.
9. All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit.
10. A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection.
Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.
11. The commercial sign(s) may remain on display only until the subdivision is sold out.
E. Signs on the Public Right-of-Way. Signs on the public right-of-way are limited to noncommercial messages. Temporary noncommercial signs may be displayed for a period not to exceed 60 days.
Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.
Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below.
[insert map here]
17.07.100 - Signs in recreation, open space, residential and agricultural zones.
A. R-C (Recreation-Conservation) Zone. Signs in the R-C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.07.060.L.
1. One Monument Sign for each street frontage, limited to five (5) feet in height and 32 square feet in size.
2. Building mounted signage not exceeding ten (10) percent for any building wall.
B. Residential Zones. The following signs shall be permitted in residential zoning districts:
1. Single-Family Residential Zone (R-SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1), and noncommercial temporary signs per Section
17.07.080.A.
2. Multi-Family Residential Zone (R-MF).
a. Commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter. b. A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include Monument Signs not exceeding six (6) feet in height and/or wall-mounted signs. The total area of each sign shall not exceed four (4) square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-of-way and adjacent properties.
c. An illuminated directory sign shall be provided at each entrance of all multi-family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department d. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.
C. Rural Residential (R-R) Zone.
1. Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1) of this Chapter.
2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter.
3. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.
D. Traditional Neighborhood Residential (R-TN) Zone. The R-SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple-family dwellings.
17.07.105 - Signs in urban village zone.
A. Urban Village Zone. The R-MF Zone sign standards shall apply to multiple-family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses.
17.07.110 - Signs in manufacturing zones.
A. M (Manufacturing) Zone.
1. Permitted Signs. The following signs are specifically permitted for industrial complexes, subject to the approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter:
a. Wall Signs. One (1) wall sign is permitted for each wall face of the establishment, up to a maximum of four (4) wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted.
b. Monument Signs. One (1) Monument Sign not to exceed 30 square feet in sign area may be permitted to identify separate businesses or uses in the industrial complex. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex . The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway.
d. Commercial Directional Signs, On-Site. A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
2. Signs Permitted for Uses Not in an Industrial Complex. a. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment, provided:
There are not more than four (4) wall signs for any one establishment; if the display is used for a commercial message, then it must be onsite commercial; in no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. A wall sign shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted.
b. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area which may be permitted to identify a business. The Monument Sign structure shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less
than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. Pylon Signs: One (1) pylon sign not to exceed 75 square feet in sign area will be permitted.
The pylon sign structure shall not exceed 20 feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non-communicative aspects of the sign. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
d. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
B. Special Signage Requirements for Business Parks.
1. Permitted Signs: The following signs are permitted for industrial complexes, subject to the approval of a Uniform Sign Program in accordance with this Chapter:
a. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. All commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maximum of 24 inches in height. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area is permitted to identify separate establishments or uses in the industrial complex, or to display noncommercial messages. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage and if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area which may be permitted to identify a separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon Signs shall be placed in a landscaped are or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
d. Under Canopy Signs: For each use occupancy, one (1) under canopy sign not exceeding four (4) square foot shall be permitted.
e. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
2. Signs Specifically Permitted for Uses Not in an Industrial Complex:
a. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one business. Any commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. Sign copy for all wall signs shall be individual
channel letters of a maximum of 24 inches in height. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area. The Monument Sign structure shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. If such sign displays a commercial message, it must qualify as onsite.
c. Pylon Signs: One (1) pylon sign not to exceed 75 square feet in sign area. The pylon sign structure shall not exceed 20 feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an applicat ion, the Planning Commission shall consider only the non-communicative aspects of the proposed sign. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five feet from any right-of-way, sidewalk or driveway. d. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
17.07.120 - Signs in commercial zones.
The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C-N) and Community Commercial (C-C) zones,.
A. Permitted signs in the C-N and C-C Zones within a commercial complex shall include:
1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on-site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height . A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.
2. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex.
The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet. Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
3. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in height. For each secondary street frontage with at least 300 feet of length, one (1) additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite.
a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage.
b. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. A maximum of three (3) signs may be used to identify any one establishment pursuant to the criteria outlined in this section.
4. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.
5. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
6. Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2).
7. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
B. Permitted signs in the C-N and C-C Zones for uses not part of a commercial complex shall include:
1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on-site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.
2. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.
3. Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
4. Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2).
5. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages):
a. The site is subject to limited visibility an d additional signing is necessary for a reasonable level of advertising exposure;
b. The type of establishment or the configuration of the site necessitates additional signage.
c. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance.
C. Freeway-Facing Signs. Permitted in the C-N and C-C Zones subject to the following requirements:
1. The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial com plex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for
commercial speech, the copy must qualify as onsite as to the shopping center or commerci al complex.
2. The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height.
3. Freeway-facing signs, including freeway-facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission , and if said sign is a Billboard or relocated Billboard, the sign shall be subject to the requirements of section 17.07.030(G). Freeway-facing signs will be permitted when they satisfy all of these criteria:
a. The proposed sign is located upon the property upon which the use identified is located; b. The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way; c. The following findings must be made, without consideration of message content of the proposed sign:
i. The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary. ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location. iii. The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.
iv. The needs of the traveling public for identification and directional information justifies the sign requested.
D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements:
1. Identification/Price Monument Sign: For each service station, one (1) monument, combination price and identification sign, maximum 30 square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exists, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height.
2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price Monument Sign allowed by paragraph (1) above, one (1) pylon sign, maximum 100 square feet in size and 40 feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted.
3. Special Service Signs: Each service station may display two (2) special service signs per pump island. Special service signs shall be limited to such items as self-serve, full serve, air, water, cashier, and shall be non-illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size.
4. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1)and (6).
5. Commercial Directional Signs, On-Site: Maximum of two (2) on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
6. Window Signs: Window signs conforming to the provisions of Section 17.07.070.B(1) and (14), and 17.07.080.B(2).
E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements:
1. The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.
2. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, h owever, that the theater is part of an integrated shopping center.
3. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center.
4. A maximum of one (1) wall-mounted theater marquee sign shall be permitted at the main entrance to the theater.
F. Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements:
1. One (1) electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign.
2. Each display shall appear for a period of at least eight (8) seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one (1) second between separate images.
3. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a Billboard.
4. The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content.
17.07.130 - Sign regulations for specific plan area zone.
A. Permitted Signs in the Specific Plan Area (SPA) Zone—Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs which may be erected without permits as provided for in Section 17.07.070 of this Chapter are permitted in the SPA Zone consistent with the respective land use.
B. Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project-wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section
17.07.060.L of this Chapter for each non-residential land use component of the specific plan.
17.07.140 - Sign design standards.
The design standards set forth in this section apply to all signs in the City of Beaumont.
A. Relationship to Other Signs. Where there is more than one (1) Monument Sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four (4) of the following six (6) design elements:
1. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);
2. Letter style of sign copy;
3. Illumination;
4. Type or method used for supports, uprights or structure on which sign is supported;
5. Sign cabinet or other configuration of sign area; and
6. Shape of entire sign and its several components.
B. Landscaping. Each Monument Sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis.
C. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non-flashing).
D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center.
1 Chapter 17.07 - SIGNS
17.07.010 - Purpose, needs, and goal interest served.
It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program.
A. Recognition of Needs; Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signing is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signing. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop.
B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians.
C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.020 - Objectives.
The objectives of this section chapter are:
1. To allow for signage which is effective to direct persons to various activities and enterprises, in order to provide for public convenience;
2. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment;
3. To encourage signs which are well designed and pleasing in appearance;
4. To encourage a desirable urban character which has a minimum of overhead clutter;
5. To enhance the economic value of the community and each area thereof by reasonably limiting the size, number, location, design and illumination of signs;
6. To encourage signs which are compatible with on-site and adjacent land uses;
7. To help facilitate the establishment of identifiable special areas and enclaves in the community and to enhance important historic elements in such areas;
8. To preclude potential traffic and safety hazards through good signing;
9. To protect the general public health, safety and welfare of the community;
10. To regulate signs in a manner consistent with the General Plan;
11. To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and
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12. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.030 - Basic policies.
The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary.
A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter.
B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law.
C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.
Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director’s review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws.
D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted.
E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.
F. Rules for Non-Communicative Aspects of Signs. All rules and regulations concerning the non- communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.
G. Billboard Policy.
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1. Prohibition: The City Council finds that the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing billboards pursuant to this section. This prohibition shall also apply to alterations, enlargements or conversions to digital displays (including changeable image displays that use light emitting diodes or functionally equivalent technologies) of legally existing billboards. The City adopts this policy pursuant to California Government Code section 65850, and California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed, maintained, altered, enlarged or converted in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code section 5412.
2. Relocated Billboards: Notwithstanding any other provision of this chapter, entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing billboard within the City may convert a static copy billboard to an electronic billboard, subject to approval of a permit application pursuant to Section 17.07.060 and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by the City Council resolution. The execution of a relocation agreement shall not operate to change the status of any billboard as a nonconforming use for the purpose of this code.
H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.
I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.
J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures.
K. Preservation of Existing Rights and Duties. This Chapter does not abrogate any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter.
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L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs, but may not override or modify any of these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.
M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted the Chapter even without any portion, which may be held invalid or unenforceable. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.040 - Categorization of signs.
For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories:
A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.
B. Banner Sign. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.
C. Billboard Sign. A permanent structure sign used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any billboard sign may be replaced with noncommercial copy.
D. Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale.
E. Directional Sign, on-site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).
F. Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.
G. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.
H. Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.
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I. Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.
J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.
N. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off-site or on-site signs.
O. Off-site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.
P. On-site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.
Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.
R. Permanent Sign. A stationary sign permanently attached to the ground or to a structure.
S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground.
T. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.
U. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.
V. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number.
W. Revolving Sign. A sign or a portion thereof, which rotates or revolves.
X. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.
Y. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on- site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial,
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industrial, or agricultural properties, or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.
Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.
AA. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.
BB. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.050 - Definitions.
For purposes of this Chapter, the following words and phrases have the meanings stated in this section.
A. Administrator. Same as Director.
B. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.
C. Area of Sign. The area of a sign shall include the entire area within a series of rectangles (maximum four per visual plane) whose outermost borders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, 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 or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.
D. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.
E. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.
F. Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means. in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
G. Development. A building wherein two or more separate independently owned or operated establishments are located.
H. Director. The City's Community Development Director.
I. Establishment. Any non-residential use of land involving permanent structures or buildings.
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J. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall.
K. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway.
L. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street.
M. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element.
Landscape mounding shall not be used to artificially alter the height of a sign.
N. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.
O. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade.
P. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street.
Q. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. Noncommercial messages typically consist of expressions on the topics of politics, religion, philosophy, morals, and public controversies. The onsite/offsite distinction applies only to commercial messages.
R. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking.
S. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact.
Each commercial complex or shopping center shall be allowed to designate only one primary street frontage. Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs.
T. Relocated Billboard. An existing billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static billboard face with an electronic message center. The relocated billboard is not considered a new billboard.
UT. Secondary Street Frontage. A street frontage other than a primary street frontage.
UV. Shopping Center. Same as commercial complex.
VW. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter:
a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;
b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
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c. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots); e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter;
g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City;
h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel; i. Gravestones or grave markers; and
j. News racks and newsstands.
WX. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.
XY. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.060 - Administration, permits, and appeals.
A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances.
B. Permit—Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution.
C. Permit Application—Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:
1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.
2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.
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3. Structural details and circulations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet.
4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.
D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 15 working days.
Unless the applicant waives time, failure of the Director to issue a written decision within 15 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.
E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.
F. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8.
G. 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 Director's written notice of determination shall specify the grounds for such denial.
H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.
I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.
J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section of this Chapter.
K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages).
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L. Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by sketches and drawings to scale and dimensions showing details of construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application.
M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director.
N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter.
No sign shall be installed which does not conform to the approved Uniform Sign Program. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.070 - General provisions.
A. Interpretation.
1. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message.
2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign.
3. No part of this chapter may be construed to favor commercial messages over noncommercial messages.
4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message.
B. Exempt Signs. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from safety code permitting, such as building, electrical, plumbing, grading permits, etc.
1. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only.
2. Commercial temporary signs used to direct persons to open houses and real estate sales. See Section 17.07.080.B(1) for applicable standards.
3. Commercial temporary signs for construction or remodeling sites. See Section 17.07.080.B(4) for applicable standards.
4. Commercial temporary signs for future tenant identification. See Section 17.07.080.B(5) for applicable standards.
5. Memorial tablets, or plaques or directional signs, on-site for community historical resources, installed by a recognized historical society or civic organization.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
6. Directional signs, on-site, not to exceed three (3) square feet in sign area.
7. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet.
8. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice.
9. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority.
10. Commercial flags on commercial, industrial, or agricultural properties. See Section
17.07.080.B(7) for applicable standards.
11. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones.
12. Safety signs on construction sites.
13. Temporary Signs with noncommercial messages, except for special event signs. See Section
17.07.080.A for applicable standards.
14. On-site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program. See Section 17.07.080.B(2) for applicable standards.
15. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look.
16. Temporary signs with a commercial message for garage or yard sale signs are allowed without permit. See Section 17.07.080.B(3) for applicable standards.
17. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office. See Section
17.07.80.B(6) for applicable standards.
18. Signs on the public right-of way. See Section 17.07.090(E) for applicable standards.
C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement.
1. Roof signs;
2. Flashing signs, except time and temperature signs;
3. Animated signs;
4. Revolving signs;
5. Portable signs;
6. Off-site commercial signs on permanent structures;
7. Signs blocking doors or fire escapes;
8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots;
9. Banners, flags, pennants and balloons, except for special events as provided for in this Chapter;
10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material;
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
11. Signs, posters, advertisements, etc., attached to utility poles, shall be prohibited; and
12. Exposed raceways.
13. Billboards, except for relocated billboards. See 17.07.030(G).
D. Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be permitted if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building.
E. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter.
F. Enforcement, Penalties and Abatement.
1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected.
2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation.
3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.
4. The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.
5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows:
a. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section.
b. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the contentions why the sign should not be removed and destroyed.
c. If a request for hearing is filed, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing.
d. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten days after mailing. e. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign.
If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign. f. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section.
G. Construction and Maintenance of Signs.
1. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable State, federal, and City regulations, the Uniform Building Code and the National Electrical Code.
2. Every sign and all parts, portions and materials 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 unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and will be enforced as such.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.080 – Temporary Signs.
The following temporary signs are allowed:
A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on-site and off-site. They shall be regulated as follows:
NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One-Half (1/2) Acre or Less
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
NONCOMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Sign Quantity: Not Limited
Maximum Size of Any One Side
(measured one side only):
10 square feet
Maximum Area of All Signs Combined: 20 square feet
Maximum Height: 6 feet
Placement: At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it
shall not be replaced by the same or other
temporary sign for a period of not less than 90
consecutive days.
Sign Permit Required: No
Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One-Half (1/2) Acre
Sign Quantity: Not limited
Maximum Size of Any One Side
(measured one side only):
16 square feet
Maximum Area of All Signs Combined: 64 square feet
Maximum Height: 8 feet
Placement: At least 5 feet from edge of curb or street
pavement if no curb exists and shall not obstruct
pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it
shall not be replaced by the same or other
temporary sign for a period of not less than 90
consecutive days.
Sign Permit Required: No
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
1. In residential zones and on legal residential uses, temporary signs displaying noncommercial messages may be displayed at any time subject to:
a. Maximum number of signs: not limited
b. Maximum size of any one side (measured one side only): ten (10) square feet.
c. Maximum area of all signs combined: 20 square feet.
d. Maximum height: six (6) feet.
e. Placement shall be at least five (5) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic.
2. In Commercial or industrial zones and on legal commercial or industrial uses on land one-half (1/2) acre or less, temporary signs displaying noncommercial messages may be displayed at any time subject to:
a. Maximum number of signs: not limited
b. Maximum size of any one side (measured one side only): ten (10) square feet.
c. Maximum area of all signs combined: 20 square feet.
d. Maximum height: six (6) feet.
e. Placement shall be at least five (5) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic.
3. In Commercial or industrial zones and on legal commercial or industrial uses on land over one-half (1/2) acre, temporary signs displaying noncommercial messages may be displayed at any time subject to:
a. Maximum number of signs: not limited
b. Maximum size of any one side (measured one side only): 16 square feet. c. Maximum area of all signs combined: 64 square feet.
d. Maximum height: eight (8) feet.
e. Placement shall be at least five (5) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
4. Noncommercial temporary signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.
B. Commercial Temporary Signs. Commercial temporary signs distinguish between on-site and off-site. They shall be regulated as follows:
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
(1) Real Estate Signs for Sale, Lease, or Rent (Signs on Residential Properties) Sign Quantity: 1 sign per parcel or lot
Total Area Per Display Face: Not to exceed 8 square feet Total Display Faces: 2
Maximum Height: 5 feet
Setback from Property Line: At least 5 feet
Time Limitation: Removed within 15 days of the sale, rental, or lease of the property
Sign Permit Required: No
(2) Real Estate Signs for Sale, Lease, or Rent (Signs on Industrial, Commercial or Agricultural Properties)
Sign Quantity: 1 sign per street frontage (Exception: Where a property has in excess of 600 linear feet of
frontage, one (1) additional sign is permitted for
each 600 linear feet of street frontage)
Total Area Per Display Face: Not to exceed 32 square feet Maximum Height: 8 feet
Setback from Property Line: At least 10 feet
Time Limitation: Removed within 15 days of the sale, rental, or lease of the property
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Sign Permit Required: No
(3) On-Site Temporary Window Signs Displaying a Commercial Message (Commercial zone, and for Commercial Uses in Industrial or Industrial/Business Park Zones When Approved as Part of a Uniform Sign Program)
Window Area: 30 percent (on multi-story buildings, only the windows on the first floor may be counted), but
in no event shall window signs exceed 150 square
feet per street frontage
Placement: First floor only on multi-story buildings
Maximum Height: 20 feet in height above finished grade on one- story buildings
Time Limitation: 45 days
Sign Permit Required: No
(4) Garage and Yard Sale Signs
Sign Quantity: 3
Maximum Size: 3 square feet
Placement: Placed on private property, and not in the public right-of-way or on utility poles
Time Limitation: Erected on the day of the event as permitted and removed at sunset each day
Sign Permit Required: No
(5) Construction Signs
Sign Quantity: 1 sign per project
Zone: Any district
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Maximum Size: 32 square feet (unless a larger sign is required by another body of law, in which case the smallest
sign conforming to the law shall be used)
Maximum Height: 8 feet
Placement: Set back from the property line by at least 10 feet Time Limitation: Removed at the earliest of: issuance of certificate of occupancy, certificate of completion, or final
inspection check off, or their functional
equivalent
Sign Permit Required: No
(6) Future Tenant Identification Signs (Parcels 10 Acres or Less) Sign Quantity: 1 per street frontage
Maximum Area: 32 square feet
Maximum Height: 8 feet
Placement: Placed no less than 10 feet from any property line Time Limitations: Removed upon completion of project
Sign Permit Required: No
(7) Future Tenant Identification Signs (Parcels Greater than 10 Acres) Sign Quantity: 1 sign for every 600 feet of street frontage Maximum area: 64 square feet per side
Maximum Height: 15 feet
Placement: Placed no less than 10 feet from any property line; placed along the freeway at 1,000 foot
intervals, not to exceed 150 square feet in area
per side and 20 feet in overall height
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
Time Limitations: Removed upon completion of project
Sign Permit Required: No
(8) Commercial Flags and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office, or an Industrial Sales or Leasing Office
Sign Quantity: 6
Maximum Size: 15 square feet
Maximum Height: 15 feet
Placement: Displayed in the immediate vicinity of the
sales/leasing office; not permitted within the
public right-of-way.
Time Limitations: Flags shall be maintained in good condition; torn or worn flags shall be replaced
Sign Permit Required: No
Additional Requirements: Residential subdivision office: Flags may be maintained as long as a valid operating permit for
the sales office remains in effect;
Commercial office or industrial sales or leasing
office: Flags may be maintained until 75 percent
of the spaces have been leased.
(9) Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property Less Than One Acre)
Sign Quantity: 3
Maximum Height: 30 feet
Maximum Area: 60 square feet (measured one side only)
Sign Permit Required: No
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
COMMERCIAL TEMPORARY SIGNS
Sign Criteria Limitation
(10) Commercial Flags on Commercial, Industrial, or Agricultural Properties (Property One Acre or Larger)
Sign Quantity: 6
Maximum Height: 30 feet
Maximum Area: 60 square feet (measured one side only)
Sign Permit Required: No
1. Real Estate Signs. Temporary signs with a commercial message may be located on properties for sale, lease, or rent in all zoning districts when they comply with the following:
(a) For signs on residential properties: One (1) sign per parcel or lot not exceeding eight (8) square feet in area per display face, not more than two (2) display faces, maximum height five (5) feet, setback from the property line at least five (5) feet.
(b) For signs on industrial, commercial or agricultural property: One sign per street frontage not to exceed 32 square feet; no such sign shall exceed eight (8) feet in overall height and shall be set back from the property line at least ten (10) feet. Where a property has in excess of 600 linear feet of frontage, one (1) additional sign is permitted for each 600 linear feet of street frontage.
(c) Such signs shall be removed within 15 days of the sale, rental, or lease of the property.
2. On-Site Temporary Window Signs Displaying a Commercial Message. Temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program, when they comply with the following:
(a) Maximum window sign: 30 percent of the window area (on multi-story buildings, only the windows on the first floor may be counted), but in no event shall window signs exceed 150 square feet per street frontage.
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(Supp. No. 7, Update 1)
(b) The placement of the sign shall be located on the first floor only on multi-story buildings, and shall not exceed 20 feet in height above finished grade on one-story buildings.
(c) No temporary window sign shall be displayed continuously for more than 45 days.
3. Garage and Yard Sale Signs. Temporary signs with a commercial message for garage or yard sale signs must comply with the following:
(a) A maximum of three (3) signs are permitted.
(b) Signs shall be limited to a maximum size of three (3) square feet each. (c) Signs shall only be placed on private property, and not in the public right-of-way or on utility poles.
(d) Signs shall only be erected on the day of the event as permitted and shall be removed at sunset each day.
4. Construction Signs. Temporary signs with a commercial message may be located on construction or remodeling sites and comply with the following:
(a) Such signs are limited to one (1) sign per project in any zoning district, and each sign does not exceed 32 square feet unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law shall be used. The sign may not exceed eight (8) feet in overall height, and shall be set back from the property line by at least ten (10) feet.
(b) Signs must be removed at the earliest of: issuance of certificate of occupancy, certificate of completion, or final inspection check off, or their functional equivalent.
5. Future Tenant Identification Signs. Future tenant identifications signs with a commercial message may be placed on vacant or developing property to advertise the future use of the property and where this information may be obtained. Such signs shall comply with the following provisions:
(a) Sign shall be limited to one per street frontage and to a maximum of 32 square feet in area and eight (8) feet in overall height for parcels containing ten (10) acres or less.
(b) For parcels greater than ten (10) acres, one sign is permitted for every 600 feet of street frontage and is limited to 64 square feet in area per side and 15 feet in overall height. Such signs may also be placed along the freeway at 1,000 foot intervals, not to exceed 150 square feet in area per side and 20 feet in overall height.
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(Supp. No. 7, Update 1)
(c) Sign shall be placed no less than ten (10) feet from any property line. (d) Sign shall be removed upon completion of such project.
6. Commercial Flags and Banners for Real Estate Sales and Leasing. Commercial flags and banners are permitted in conjunction with an approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office. Such flags shall conform to the following provisions:
(a) A maximum of six (6) may be used.
(b) The flags or banners shall be no higher than 15 feet. (c) The flags or banners shall be displayed in the immediate vicinity of the sales/leasing office. In no case shall the flags be allowed within the public right-of-way.
(d) In the case of a residential subdivision office, the flags may be maintained as long as a valid operating permit for the sales office remains in effect.
(e) In the case of a commercial office or industrial sales or leasing office, the flags may be maintained until 75 percent of the spaces have been leased.
(f) The maximum size of any one flag shall not exceed 15 square feet. All flags shall be maintained in good condition; torn or worn flags shall be replaced.
7. Commercial Flags on Commercial, Industrial, or Agricultural Properties:
(a) Maximum number of flags for property less than one acre: three (3); maximum height of flag poles: 30 feet; maximum area of each flag: 60 square feet (measured one side only).
(b) Maximum number of flags for property one acre or larger: six (6); maximum height of flag poles: 30 feet; maximum area of each flag: 60 square feet (measured one side only).
(c) Flags on residential properties less than ¾ acre: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: 20 feet; maximum area of each flag: 40 square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones. (d) Flags on residential properties ¾ acre or larger: maximum number of flags: three (3); maximum number of flag poles: one; maximum height of flag poles: 30 feet; maximum area of each flag: 40 square feet (measured one side only).
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
C. Temporary Signs for Special Events.
1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:
(a) Commercial sales, including grand openings and pre- and post-holiday sales;
(b) Arts and crafts shows, trade shows, antique shows, and other similar events;
(c) Carnivals, fairs, festivals, circuses, and similar activities; (d) Outdoor shows, concerts, and exhibitions;
(e) Community events; and
(f) Annual events.
2. Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event signs shall submit a letter to the director that describes the proposed event by location, area and time duration.
The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a sign permit. Special event sign permits shall be regulated as follows: See 17.07.090.B for applicable standards.
TEMPORARY SIGNS FOR SPECIAL EVENTS
Sign Criteria Limitation
Sign Quantity: 1 (may be in the form of a banner or pennant) Maximum Area: 50 square feet in area (measured one side) Maximum Height: 10 feet
Zone: Any district
Time Limitation: Taken down with 7 days of the event
Sign Permit Required: Yes
17.07.090 - Signs permitted in all zones.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
A. Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the qualifications stated in this section, and all other applicable laws and ordinances.
B. Special Event Signs. See 17.07.080.C for applicable standards. Special event signs shall be permitted when they comply with the provisions of this subsection. Such signs are permitted for a limited period of time in any zoning district in connection with a special temporary event, as defined in Section
17.07.080.C. Applicants for a special event signs shall submit a letter to the director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a sign permit. Special event sign permits shall be limited to the following provisions:
1. No more than one special event sign shall be permitted per special event and may be in the form of a banner or pennant.
2. The special event sign shall be a maximum of 50 square feet in area (measured one side) and shall be no higher than ten (10) feet in the case of a ground sign.
3. Special event signs must be taken down within seven (7) days of the event.
C. Permitted Signs—On-site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following:
1. One temporary on-site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for one side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage).
2. Such commercial signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences.
3. Commercial signs shall be maintained in good repair at all times.
4. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit.
D. Permitted Signs—Temporary Subdivision Commercial Directional Signs, On-Site. The following signs may be permitted in any zoning district subject to the provisions listed:
1. A maximum of six (6) signs may be used to lead customers to the site.
2. Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure as shown in exhibit A. The City may, from time to time, develop or amend the design details for this sign structure.
3. A commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow as shown on exhibit B.
4. The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non-communicative aspects of the sign.
5. Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit. Signs in the public right- of-way shall be reviewed and approved by the public works director prior to issuance of the sign permit, and shall require approval of an encroachment permit.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
6. A sign location plan shall be prepared showing the site of each commercial directional sign, on- site and shall be submitted to the planning department prior to the issuance of a sign permit.
7. Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision.
8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs.
9. All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit.
10. A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection.
Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer.
11. The commercial sign(s) may remain on display only until the subdivision is sold out.
E. Signs on the Public Right-of-Way. Signs on the public right-of-way , except where required by a governmental agency, shall require an encroachment permit and are limited to noncommercial messages.. The encroachment permit shall be on a form as provided by the City with information as deemed fit by the City Manager or designee to review compliance with this section. Temporary noncommercial signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.
1. Signs that are 24" × 18" or 432 square inches and under have the following requirements:
a. Maximum number of signs: 50.
b. Maximum size: 24" × 18" or 432 square inches.
c. Placement requirements: Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped; signs shall only be placed in areas identified in the map below.be limited to one (1) sign per block of street in each direction of travel in developed areas and limited to one (1) sign per one-quarter (1/4) mile spacing in each direction of travel for undeveloped areas.
2. Signs that are over 24" × 18" or 432 square inches have the following requirements:
a. Maximum number of signs: eight (8).
b. Maximum size: 48" × 48".
c. Placement requirements: Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of site for vehicle traffic ; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; signs shall be limited to one (1) sign per block of street in each direction of travel.
d. Applicant shall submit insurance naming the City as an additional insured in an amount as required by the City Manager.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.100 - Signs in recreation, open space, residential and agricultural zones.
A. R-C (Recreation-Conservation) Zone. Signs in the R-C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section
17.07.060.L.
1. One monument sign for each street frontage, limited to five (5) feet in height and 32 square feet in size.
2. Building mounted signage not exceeding ten (10) percent for any building wall.
B. Residential Zones. The following signs shall be permitted in residential zoning districts:
1. Single-Family Residential Zone (R-SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1), and noncommercial temporary signs per Section
17.07.080.A.
2. Multi-Family Residential Zone (R-MF).
a. Commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter. b. A maximum of two signs indicating the name of the multiple-family dwelling, apartment or dwelling group shall be permitted. Such signs may include monument signs not exceeding six (6) feet in height and/or wall-mounted signs. The total area of each sign shall not exceed four (4) square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights-of-way and adjacent properties.
c. An illuminated directory sign shall be provided at each entrance of all multi-family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department d. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.
C. Rural Residential (R-R) Zone.
1. Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1) of this Chapter.
2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter.
3. Noncommercial temporary signs per Section 17.07.080.A of this Chapter.
D. Traditional Neighborhood Residential (R-TN) Zone. The R-SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple-family dwellings.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.105 - Signs in urban village zone.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
A. Urban Village Zone. The R-MF Zone sign standards shall apply to multiple-family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.110 - Signs in manufacturing zones.
A. M (Manufacturing) Zone.
1. Permitted Signs. The following signs are specifically permitted for industrial complexes, subject to the approval of a Uniformed Uniform Sign Program in accordance with Section 17.07.060.L of this Chapter:
a. Wall Signs. One (1) wall sign is permitted for each wall face of the establishment, up to a maximum of four (4) wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted.
b. Monument Signs. One (1) monument sign not to exceed 30 square feet in sign area may be permitted to identify separate businesses or uses in the industrial complex. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one (1) frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway.
d. Commercial Directional Signs, On-Site. A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
2. Signs Permitted for Uses Not in an Industrial Complex. a. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment, provided:
There are not more than four (4) wall signs for any one establishment; if the display is used for a commercial message, then it must be onsite commercial; in no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. A wall sign shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted.
b. Monument Signs: One (1) monument sign not to exceed 30 square feet in sign area which may be permitted to identify a business. The monument sign structure shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
c. Pylon Signs: One (1) pylon sign not to exceed 75 square feet in sign area will be permitted.
The pylon sign structure shall not exceed 20 feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non-communicative aspects of the sign. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
d. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
B. Special Signage Requirements for Business Parks.
1. Permitted Signs: The following signs are permitted for industrial complexes, subject to the approval of a Uniform Sign Program in accordance with this Chapter:
a. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. All commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. Sign copy for all wall signs shall be individual channel letters of a maximum of 24 inches in height. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs: One (1) monument sign not to exceed 30 square feet in sign area is permitted to identify separate establishments or uses in the industrial complex, or to display noncommercial messages. The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one (1) frontage and if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. c. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area which may be permitted to identify a separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon Signs shall be placed in a landscaped are or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
d. Under Canopy Signs: For each use occupancy, one (1) under canopy sign not exceeding four (4) square foot shall be permitted.
e. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
2. Signs Specifically Permitted for Uses Not in an Industrial Complex:
a. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one business. Any commercial messages on such signs must qualify as onsite. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. Sign copy for all wall signs shall be individual
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
channel letters of a maximum of 24 inches in height. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof, eave line or parapet of the wall upon which it is mounted. b. Monument Signs: One (1) monument sign not to exceed 30 square feet in sign area. The monument sign structure shall not exceed six (6) feet in height. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. If such sign displays a commercial message, it must qualify as onsite.
c. Pylon Signs: One (1) pylon sign not to exceed 75 square feet in sign area. The pylon sign structure shall not exceed 20 feet in height. Pylon signs for individual establishments which are not located within an industrial complex shall be subject to the approval of a sign permit by the Planning Commission, and shall require the applicant to demonstrate that the specific land use necessitates a pylon sign for visibility; in considering such an application, the Planning Commission shall consider only the non-communicative aspects of the proposed sign. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be a minimum of five feet from any right-of-way, sidewalk or driveway. d. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.120 - Signs in commercial zones.
The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C-N) and Community Commercial (C-C) zones,.
A. Permitted signs in the C-N and C-C Zones within a commercial complex shall include:
1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on-site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.
2. Monument Signs: One (1) monument sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex.
The monument sign structure shall not exceed six (6) feet in height. Additional monument signs may be permitted on parcels having more than one (1) frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet. Monument signs shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
3. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in height. For each secondary street frontage with at least 300 feet of length, one (1) additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage. b. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway.
c. A maximum of three (3) signs may be used to identify any one establishment pursuant to the criteria outlined in this section.
4. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.
5. Commercial Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
6. Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14, and 17.07.080.B(2).
7. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
B. Permitted signs in the C-N and C-C Zones for uses not part of a commercial complex shall include:
1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on-site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted.
2. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes.
3. Directional Signs, On-Site: A maximum of two (2) on-site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
4. Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2).
5. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage.
6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages):
a. The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure;
b. The type of establishment or the configuration of the site necessitates additional signage.
c. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
C. Freeway-Facing Signs. Permitted in the C-N and C-C Zones subject to the following requirements:
1. The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex.
2. The maximum allowable sign face area of any freeway-facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height.
3. Freeway-facing signs, including freeway-facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission, and if said sign is a billboard or relocated billboard, the sign shall be subject to the requirements of section 17.07.030(G). Freeway-facing signs will be permitted when they satisfy all of these criteria:
a. The proposed sign is located upon the property upon which the use identified is located; b. The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way; c. The following findings must be made, without consideration of message content of the proposed sign:
i. The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary. ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location. iii. The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested.
iv. The needs of the traveling public for identification and directional information justifies the sign requested.
D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements:
1. Identification/Price Monument Sign: For each service station, one (1) monument, combination price and identification sign, maximum 30 square feet in size and maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exists, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height.
2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price monument sign allowed by paragraph (1) above, one (1) pylon sign, maximum 100 square feet in size and 40 feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted.
3. Special Service Signs: Each service station may display two (2) special service signs per pump island. Special service signs shall be limited to such items as self-serve, full serve, air, water, cashier, and shall be non-illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
4. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1)and (6).
5. Commercial Directional Signs, On-Site: Maximum of two (2) on-site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height.
6. Window Signs: Window signs conforming to the provisions of Section 17.07.070.B(1) and (14), and 17.07.080.B(2).
E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements:
1. The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area.
2. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center.
3. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center.
4. A maximum of one (1) wall-mounted theater marquee sign shall be permitted at the main entrance to the theater.
F. Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements:
1. One (1) electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign.
2. Each display shall appear for a period of at least eight (8) seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one (1) second between separate images.
3. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a billboard.
4. The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content.
( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.130 - Sign regulations for specific plan area zone.
A. Permitted Signs in the Specific Plan Area (SPA) Zone—Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs, which may be erected without permits as provided for in Section 17.07.070of this Chapter are permitted in the SPA Zone consistent with the respective land use.
Created: 2023-03-13 17:33:24 [EST]
(Supp. No. 7, Update 1)
B. Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project-wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section
17.07.060.L of this Chapter for each non-residential land use component of the specific plan. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
17.07.140 - Sign design standards.
The design standards set forth in this section apply to all signs in the City of Beaumont.
A. Relationship to Other Signs. Where there is more than one (1) monument sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four (4) of the following six (6) design elements:
1. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports);
2. Letter style of sign copy;
3. Illumination;
4. Type or method used for supports, uprights or structure on which sign is supported;
5. Sign cabinet or other configuration of sign area; and
6. Shape of entire sign and its several components.
B. Landscaping. Each monument sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis.
C. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non-flashing).
D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020)
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Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE April 4, 2023
SUBJECT: April 4, 2023 Staff Report - Proposed Sign Code Amendment.docx
Description Review of Code Section 17.07 – Signs for compliance with recent case law.
Background and Analysis:
The United States Supreme Court in Reed v. Town of Gilbert issued a decision in June 2015 against the town of Gilbert, Arizona, and its local sign ordinance. In that case, a church congregation did not have a fixed location; it conducted its Sunday services at different locations in the community every week. The pastor of this congregation placed temporary signs directing the congregation and anyone else interested to the site of the services. The pastor was cited for failing to include the event date on the signs and for failing to remove the signs within the short period of time allowed for removal of such signs under the local ordinance. The opinion of the court, written by Justice Clarence Thomas, struck down the town sign ordinance, finding that the town’s regulatory program was “content based” and as such was subject to “strict scrutiny.” (Please note that all nine justices concurred with the result; there were th ree separate concurring opinions).
A “content based” regulation is one that “applies to particular speech because of the topic discussed or the idea or message expressed.” The restrictions that apply to any given sign depended solely on the communicative content of the sign. Signs pertaining to elections were subject to different timing conditions than signs providing directions to a temporary event. Signs pertaining to other topics or ideas were required to comply with their own unique conditions.
The Court found the differential treatment among signs to be arbitrary and the Town ’s ordinance failed the strict scrutiny analysis. If the Town was truly concerned about aesthetics and traffic safety, the Court noted there are several ways to regulate signs that have nothing to do with the sign’s message, including regulations regarding size, materials, lighting, number of signs allowed in a given area, distinctions between signs
on private versus public property, distinctions between fixed message signs and electronic signs with changing messages, moving parts, and portability.
Despite the bleak picture painted by Justice Thomas in the official opinion of the Court, Justice Alito, joined by Justices Kennedy and Sotomayor, suggested that cities are not “powerless” to enact reasonable sign regulations and offered some rules that these three justices opine “would not be content based.” The rules are as follows:
1. Rules regulating the size of signs. These rules may distinguish among signs based on any content-neutral criteria, including any relevant criteria listed below.
2. Rules regulating the locations in which signs may be placed. These rules may distinguish between free-standing signs and those attached to buildings.
3. Rules distinguishing between lighted and unlighted signs.
4. Rules distinguishing between signs with fixed messages and electronic signs with messages that change.
5. Rules that distinguish between the placement of signs on private and public property.
6. Rules distinguishing between the placement of signs on commercial and residential property.
7. Rules distinguishing between on-premises and off-premises signs.
8. Rules restricting the total number of signs allowed per mile of roadway.
9. Rules imposing time restrictions on signs advertising a one-time event. Rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed.
10. In addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech. They may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots.
11. The decision will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate aesthetic objectives.
As set forth above, Reed v. Town of Gilbert involved a temporary non-commercial sign.
Non-commercial speech and signage are content-based and subject to strict scrutiny review. To survive strict scrutiny, the government must prove that the restriction furthers a compelling state interest and is narrowly tailored to achieve that interest. In contrast, content-neutral laws such as commercial speech are subject to intermediate scrutiny, which asks whether the law is narrowly tailored to serve a substantial government interest. Although the two standards sound similar, courts are significantly more likely to uphold laws under intermediate, rather than strict, scrutiny.
After Reed, any content-based sign regulation was called into question. However, subsequent court decisions have helped clarify the reach of this decision. For example,
in Contest Promotions v. City and County of San Francisco (2017) 874 F.3d 597, the Ninth Circuit held that Reed does not extend to the regulation of commercial signs. In that case, Contest Promotions, LLC rented advertising space from businesses in cities around the country, and placed third party advertising signs in that space, framed by text inviting passersby to enter the business and win a prize related to the sign. The City and County of San Francisco determined that Contest’s signs violated local regulations pertaining to onsite commercial signage. Contest filed suit, alleging that San Francisco’s sign-related regulations, by distinguishing between commercial and noncommercial signs, violated the First Amendment. The federal district court dismissed the complaint, and the Ninth Circuit affirmed.
The Ninth Circuit held that restrictions on commercial speech are subject to intermediate scrutiny under Central Hudson Gas & Elec. Corp. v Public Serv. Comm'n (1980) 447 U.S. 557, 100 S.Ct. 2343. The text of the city’s signage ordinance explained that, when the ordinance was adopted, the “increased size and number of general advertising signs” in particular were “creating a public safety hazard”; that such signs “contribute to blight and visual clutter as well as the commercialization of public spaces”; and that there was a “proliferation” of such signs in “open spaces all over the City.” The Ninth Circuit opined that San Francisco’s decision to regulate commercial signs was directly related to its substantial interest in safe ty and aesthetics.
Furthermore, in Act Now to Stop War and End Racism Coal. v. Dist. of Columbia (2017) 846 F.3d 391, the District of Columbia Circuit held that a regulation imposing certain durational limits on special event signs was content-neutral, even though one needed to read the sign to determine whether the regulation applied. In that case, the Court upheld an ordinance, as applied to signs posting on public lamp posts, which allowed longer display times for event-related signs than for signs that were not event-related. It did not target “communicative content, but uniformly restricted display times under the commonsense understanding that, once an event has passed, signs advertising it serve little purpose and contribute to visual clutter.” Justice Alito indicated, in his concurring opinion in Reed, that this type of ordinance was content-neutral. This case suggests that Reed does not necessarily invalidate ordinances regulating event signs.
In April 2022, the U.S. Supreme Court further narrowed Reed by holding in City of Austin v. Reagan Nat’l Adver. of Austin, LLC (2022) 142 S. Ct. 1464, 212 L. Ed. 2d 418 that a City of Austin’s outdoor advertising ordinance, which allowed on-premises signs—but not off-premises signs—to be digitized, was facially content-neutral and was not subject to strict scrutiny under the First Amendment absent a content-based
purpose or justification. This was despite having to “read the sign” to regulate it. In overturning the Court of Appeals, the Court majority wrote:
“The Court of Appeals interpreted Reed to mean that if ‘[a] reader must ask: who is the speaker and what is the speaker saying’ to apply a regulation, then the regulation is automatically content based […] This rule, which holds that a regulation cannot be content neutral if it requires reading the sign at issue, is too extreme an interpretation of this Court’s precedent. Unlike the regulations at issue in Reed, the City’s off-premises distinction requires an examination of speech only in service of drawing neutral, location-based lines. It is agnostic as to content. Thus, absent a content-based purpose or justification, the City’s distinction is content neutral and does not warrant the application of strict scrutiny.”
(Id. at 1471.)
Finally, in May 2022, in Shurtleff v. City of Boston, MA (2022) ___ US ___, 142 S.Ct. 1583, the U.S. Supreme Court held that a city violated the plaintiff’s free speech rights by refusing to display a flag bearing a cross on a flag pole in front of city hall. The Court observed that the flag pole had a long history of displaying flags that had nothing to do with city business, and could therefore not reasonably be interpreted as conveying government support of religion in contravention of the establishment clause.
Based on the above-decisions, municipalities now have a better understanding on how to revise its sign ordinances after Reed. First, cities are permitted to distinguish between noncommercial and commercial signs. Second, cities can also distinguish between on- premises and off-premises signs, as long as the distinctions are reasonable. Third, cities are permitted to impose certain durational limits on special event signs. Finally, cities desiring to exercise discretion regarding the flags flown (and not flown) by private groups on public property should enact local policies that, among other things, identify the flags that groups can and cannot fly a nd what those flags communicate (e.g., the city’s official sentiments).
Previous City Council Action:
On July 20, 2021, based on the directives of the Supreme Court, City Staff provided to City Council background on the U.S. Supreme Court holding in Reed v. Town of Gilbert and its impact on sign ordinances. In coordination with the City Attorney, City Staff drafted proposed changes to Municipal Code Section 17.07 – Signs to amend the regulations to comply with the U.S. Supreme Court case.
At that meeting, City Council provided further direction to City staff to make edits on proposed changes to Section 17.07, and bring it back for review. Specifically, it believed the 45 days for political signs was insufficient during election time. It also requested consideration of certain modifications to the placement requirements in the right -of-way.
ANALYSIS:
The primary takeaway of the Reed case is that local regulation of non-commercial signs must be content-neutral and that a sign code will be subject to “strict scrutiny” judicial review if it applies different standards based on a sign’s content. Therefore, Staff has redrafted its sign regulations to focus on a sign’s physical and other non-content-based attributes, rather than content-based categories that had been typical in codes, such as whether a sign is political or ideological in nature.
A summary of the most significant changes proposed are the following:
Offers a detailed objective that recognizes that “commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas.” (See Sec. 17.07.020(12).) Clarifies City’s basic policy on message neutrality in light of Reed v. Town of Gilbert. (See Sec. 17.07.030(C).)
Adds, revises and/or deletes certain categorization of signs under Section
17.07.040. For example, added definitions for “commercial signs” and “noncommercial signs.” (Sec. 17.07.040(D) and (N).) Clarifies other definitions, such as real estate signs and temporary signs. (Sec. 17.07.040(V) and (Y).) Adds an interpretation statement in its general provisions section that makes clear that the City does not restrict speech on the basis of its content, viewpoint, or message, and any classification of signs that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign. (Sec. 17.07.070(A).) Adds an entirely new section to the City’s sign ordinance entitled “Temporary Signs.” (See Sec. 17.07.080.) It distinguishes between three types of temporary signs:
(1) Non-Commercial Temporary Signs: These types of temporary signs are not considered either on-site and off-site and may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days. (Sec. 17.07.080(A).)
(2) Commercial Temporary Signs: Commercial temporary signs distinguish between on-site and off-site. They include the following types of signs: (a) real estate signs; (b) on-site temporary window signs displaying a commercial message; (c) garage and yard sale signs; (d) construction signs; (e) future tenant identification signs; (f) commercial flags and banners for real estate sales and leasing; and (g) commercial flags on commercial, industrial, or agricultural properties. (Sec. 17.07.080(B).)
(3) Temporary Signs for Special Events: These types of signs are associated with a single event or series of events that occur on an infrequent or sporadic basis. For example, community events such as the Beaumont Cherry Festival would fall under this category of signs. (Sec. 17.07.080(B).)
To address the City Council’s concerns on placement requirements in the public right-of-way, the proposed amendment in Section 17.07.090(E) reduces the placement requirements from five (5) feet to a minimum of three (3) feet from edge of curb or street pavement if no curb exists. It also increases the maximum time limit for signs to be on displayed in the public right-of-way from 30 to 60 days. Finally, any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days.
Deletes previous Section 17.07.120 – Signs in special commercial areas, since those commercial areas no longer exist within Beaumont.
Minor changes include clarifying existing regulations and practices, removing unnecessary definitions or types of signs, and expanding the definition section of the document to assist with code interpretations. No significant changes are proposed to the number of signs allowed or the square footage limitations for principal signage in commercial and industrial zoning districts.
Please refer to Attachment “A” for a redlined version of proposed changes to Municipal Code Section 17.07 where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted.
Fiscal Impact:
City staff estimates the cost for preparing the staff report to be $2,500.
Recommended Action:
Direction to staff on proposed changes to Municipal Code Section 17.07-Signs.
Attachments:
A. Current Code with Redlines
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Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE July 18, 2023
SUBJECT: Update on City-Wide Truck Routes Analysis
Description Update of City-wide truck routes and analysis, Capital Improvement Project R-23. Strategic Plan Target #2, Infrastructure/Projects/Traffic Background and Analysis:
Traffic congestion, particularly truck related traffic is an increasing concern City-wide. In response to City Council concerns, Public Works staff developed a Request for Proposals (RFP) from our on-call traffic engineering consultants; approved by City Council February 7, 2023, to further analyze truck routes and associated impacts.
As described in the City’s General Plan, “Recommended truck routes are presented in Figure 4.9; but should be finalized through a City ordinance or resolution” (See Attachment A). Additionally, the following goals are listed in the General Plan:
M26 - Truck Route Map. Update the City's truck route map to focus trucks on key streets in the City that should be used for goods movement and reduce heavy vehicle travel adjacent to sensitive areas.
M27 - Code Update. Update Municipal Code to:
o Design standards for designated truck routes, including proper turning radii at intersections.
o On-street parking designated for loading and unloading during off -peak hours only.
M28 - Collision Data. Annually review collision data for type, location, severity, and cause. Develop countermeasures for sites with recurrent truck-involved collisions.
3.10.4 - Designate truck routes to avoid sensitive land uses, where feasible. 10.2.3 - Prohibit truck routes through neighborhoods with sensitive receptors, where feasible.
To facilitate remediation of truck traffic related concerns, as well as implement the preceding goals of the General and Strategic Plan, staff requested the following scope of services:
Update of the City’s truck route map
Update of Beaumont Municipal Code
o Design standards for designated truck routes
o On-street parking related to loading and unloading
Project Report/Study outlining approach, findings, recommendations, exhibits, and back up data/analysis
Focus on sensitive areas:
o Highland Springs Avenue, particularly south of Sixth Street and how local circulation interacts with projects and truck traffic generated from areas outside the City’s corporate boundary, predominantly warehouse traffic and impacts to surrounding neighborhoods and the City’s largest commercial/retail area. Conduct analysis to evaluate mitigations to prohibit truck traffic, reroute, or identify other mitigation measures to minimize disturbance to surrounding businesses and residences. o Interaction between the City’s industrial zones and surrounding neighborhoods and streets.
o Downtown area and interaction with the City’s Downtown Revitalization Project.
Review of project entitlement measures that analyzes a mechanism to ensure that projects traffic related issues are addressed after occupancy and throughout operations
Review and recommendation of potential fee structure to ensure that impacts realized by heavy users are adequately mitigated long term
The analysis is estimated to take approximately 6 months to complete, with completion late 2023/early 2024. Staff anticipates that 1 public workshop and 1 City Council meeting will be necessary to deliver the final report, exhibits, and code update(s).
Fiscal Impact:
The cost associated with preparing this staff report is $350. The approximate cost of the analysis is $125,000, and will be paid via the approved Public Works on call traffic engineering contractual budget, GL 100-3100-7068-0000.
Recommended Action:
Receive and file the update on City-wide truck routes analysis.
Attachments:
A. Truck Priority Network
Chapter 4: Mobility
December 2020 117
Figure 4.9 Truck Priority Network