City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01264 6/24/2025
Councilmember Proposal Request for Committee Consideration - Section 15.148.191 of the City Code Relating to Signage to Allow Digital Signage in Zone B, Level 3 in the ESC Sign District, as Well as Extend the Term of the District for 15 Years to December 31, 2049 File ID: 2025-01264
Location: Citywide
Recommendation: Review and provide direction on the attached councilmember proposal regarding amending section 15.148.191 of Sacramento city code relating to signage to allow digital signage in Zone B, Level 3 in the ESC Sign District, as well as extend the term of the district for 15 years to December 31, 2049 and take one of the following actions: 1) Pass a Motion directing the appropriate council appointive officer to commence work on the proposal and bring it back to the committee for review and consideration; 2) Pass a Motion directing the appropriate council appointive officer to commence work on the proposal with committee members and forwarding the item to the city council for consideration without further review by the committee; 3) Pass a Motion sending the matter back to the sponsoring councilmember for additional information; 4) Pass a Motion deferring the request and directing the appropriate council appointive officer to bring the proposal back to the committee at a later date; or 5) Pass a Motion denying the proposal request.
Contact: Mayor Pro Tem Eric Guerra, Philip Norton, Chief of Staff, (916) 808-7006, [email protected], Office of Councilmember Eric Guerra, District 6; Councilmember Phil Pluckebaum, David Gull, Chief of Staff, (916) 808-7004, [email protected], Office of Councilmember Phil Pluckebaum, District 4 Presenter: None.
Attachments:
1-Description/Analysis
2-Councilmember Proposal Request Submission
3-Council Rules of Procedure
Description/Analysis
Issue Detail: Councilmembers may propose an item, ordinance, program, research, or initiative for council action by submitting a written request to the City Clerk. The process modulates the agenda
File ID: 2025-01264 6/24/2025
requests of individual councilmembers by referring those requests to the relevant city council standing committee for review, as appropriate, and in so doing provides clear guidance to the council appointees that their work demands are serving the council as a whole. It also ensures councilmember requests are duly tracked and assigned, thus promoting transparency and accountability.
The attached proposal number 2025-003 was submitted by Mayor Pro Tem Eric Guerra and Councilmember Pluckebaum, was reviewed by the mayor, in consultation with the interim city manager, city attorney, and city clerk on and is being referred to this city council standing committee for consideration.
Policy Considerations: Council Rules of Procedure, Chapter 12.
Economic Impacts: See proposal.
Environmental Considerations: This action is not a project that is subject to California Environmental Quality Act (CEQA) because it is an administrative activity and relates to government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines § 15378(b)(2) and (b) (4)).
Sustainability: See proposal.
Commission/Committee Action: Committee action is required to initiate staff work on any councilmember proposal request.
Rationale for Recommendation: Committee direction will provide clear guidance to the council appointees that their work demands are serving the council as a whole and are in alignment with council priorities.
Financial Considerations: See proposal.
Local Business Enterprise (LBE): See proposal.
2025-003
Councilmember Proposal Request Submission Page 1 of 4
Form Rev. 01/29/2024
COUNCILMEMBER PROPOSAL REQUEST SUBMISSION
Process as outlined in the Council Rules of Procedure, Chapter 12.
Submission Date: June 4, 2025
SUBJECT (brief summary):
Amend the Ordinance in the City Code relating to Signage to allow digital signage in Zone B, Level 3 in the ESC Sign District, as well as extend the term of the district for 15 years to December 31, 2049.
Councilmember Sponsor: Mayor Pro Tem Eric Guerra and Councilmember Phil Pluckebaum
Assigned Council Staff Member: Philip Norton, Chief of Staff, Mayor Pro Tem Guerra; David Gull, Chief of Staff, Councilmember Pluckebaum
Proposal Summary/Recommendation (Provide a brief description of the proposal):
1) Allow digital signage in Zone B, Level 3 within the ESC Sign District. 2) Extend the term of the ESC Sign District for an additional 15 years to end December 31, 2049.
Rationale for Recommendation (Identify the issue(s) that this proposal will address):
1) Digital Signs are currently allowed up to 75 feet within Zone B, Level 2 of the ESC Sign District and Static Signs are currently allowed up to 125 feet within Zone B, Level 3. We are requesting the extension of Digital signage into the Zone B, Level 3 parameters. These changes would allow more flexibility in advertisement opportunities within the ESC Sign District boundary and result in increased tax revenue.
Potential language changes include:
a) to modify Section 2, C, 6(g)iii(B) to include "in Level 2 and 3", and b) to modify Section 2, D, 4: change from “Not allowed” to “No Restrictions” in the "Animated Signs" block within Zone B Level 3.
2) The ESC Sign District became effective on November 21, 2019 with an expiration date of December 31, 2034. The ESC Sign District has been a positive feature in the downtown area and we are requesting an extension of the term for an additional 15 years.
Recommended Priority Level:
☐ 0-30 days
☒ 30-60 days
☐ Greater than 60 days
City Council Committee Review Recommended:
2025-003
Councilmember Proposal Request Submission Page 2 of 4
Form Rev. 01/29/2024
☐ Budget and Audit Committee (B&A)
☒ Law and Legislation Committee (L&L)
☐ Personnel and Public Employees Committee (P&PE)
☐ Racial Equity Committee (RE)
☐ City Board, Commission, or Committee Review Recommended (list advisory body(ies)):
Do any of the following Council Policy Considerations apply? If so, give a brief explanation:
☐ DEI:
☐ Climate Action:
2025-003
Councilmember Proposal Request Submission Page 3 of 4
Form Rev. 01/29/2024
Financial Considerations:
Attachments to Support Summary/Recommendation:
(Please attach and explain council staff research that has been done on this proposal; Include all information received from outside careholders, drafts or examples compiled).
1) Within the City code, the maximum height allowed for static billboards and digital billboards differ.
This difference was determined by the City and not subject to any outside requirements. The City Council has the jurisdiction to modify the parameters of these billboards.
2) The ESC Sign District was discussed as a 15-year program to discern its effectiveness. Since implementation in November of 2019, the outcomes of the District have been positive and successful, and maintain substantial support from business operators within the boundaries of the District.
Extending the length of the term for an additional 15-years, will increase advertising stability.
Attached is City Code, Chapter 15.148 (Signs)
2025-003
Councilmember Proposal Request Submission Page 4 of 4
Form Rev. 01/29/2024
Mayor’s Review:
Date Reviewed:
Committee Review Required:
☐ Budget and Audit Committee (B&A)
☐ Law and Legislation Committee (L&L)
☐ Personnel and Public Employees Committee (P&PE)
☐ Racial Equity Committee
☐ City Board, Commission, or Committee Review (list advisory body(ies)):
Committee Review Exception Applies:
☐ Urgent matter that requires quick council action.
☐ A matter related to a pending council matter.
☐ A matter that on its face falls fully outside the jurisdiction of the City. ☐ A matter within the City Manager’s executive function that does not need council authorization.
Department(s) Collaboration Needed:
Mayor’s Additional Direction:
City Council Standing Committee Scheduling:
Transmitted for addition to the following agenda(s) for committee review to initiate staff work on the proposal:
Standing Committee Tentative Agenda Date
Budget and Audit Committee (B&A)
Law and Legislation Committee (L&L)
Personnel and Public Employees Committee (P&PE)
Racial Equity Committee (RE)
Proposal will also be made part of the Councilmember Proposal Tracking Log.
City Clerk’s Additional Comments:
Chapter 15.148
SIGNS
Sections:
Article I . In General
15.148.010 Purpose.
15.148.015 Government messages and signs.
15.148.020 Definitions.
15.148.025 Message substitution.
15.148.026 Location of noncommercial messages.
Article II . Permits
15.148.030 Sign permit generally required.
15.148.040 Permission of property owner.
15.148.050 Application for a sign permit.
15.148.060 Issuance of sign permits.
15.148.070 Effect of issuance.
15.148.080 Fees.
15.148.090 Inspection of signs.
Article III . Signs Permitted in Zoning Districts of City
15.148.100 Regulations established.
15.148.110 Residential zones.
15.148.120 A agricultural zone.
15.148.125 RMX residential mixed-use zone.
15.148.130 OB office building, R-O residential office and H hospital zones.
15.148.140 SC shopping center and HC highway commercial zones.
15.148.150 C-1 limited commercial zone.
15.148.160 C-2 and C-4 commercial, M-1, M-2, and M-T industrial zones.
15.148.165 EC employment center zones.
15.148.170 M-1 (5) and M-2 (5) industrial park zones.
15.148.180 F flood zone.
15.148.190 CBD-SPD and arts and entertainment district.
15.148.191 ESC sign district.
15.148.193 Railyards SPD.
15.148.195 TO transit overlay zone.
Article IV . General Requirements and Limitations
15.148.200 Additional regulations established.
15.148.210 Maximum sign area.
15.148.220 Corner lots.
15.148.230 Projecting signs must be double-faced-Exception.
15.148.240 Access regulated.
15.148.250 Off-site signs and billboards on residentially used property.
15.148.260 Off-site signs and billboards near residences.
15.148.274 Sign clearance and illumination regulated.
15.148.280 Location and depth of flat signs.
15.148.290 Conditional use permit required-Rotating signs.
15.148.300 Conditional use permit required-Roof signs.
15.148.310 Height regulations for signs on parapet walls, sloping and shed roofs.
15.148.320 Detached signs-Number of panels.
15.148.330 Detached signs-Projection over public right-of-way.
15.148.340 Detached signs--Projection over canopy.
15.148.350 Detached signs-Minimum clearance.
15.148.360 Detached signs-Embellishment.
15.148.370 Projecting signs-Revocable permit.
15.148.380 Projecting signs-Maximum distance of projection.
15.148.390 Projecting signs-Maximum area.
15.148.400 Projecting signs-Minimum height above sidewalk.
15.148.410 Projecting signs-Distance from wall.
15.148.420 Projecting signs-Angle of projection.
15.148.430 Projecting signs-Location and projection above alleys.
15.148.440 Projecting signs-Materials.
15.148.450 Signs to be designed as integrated architectural features.
15.148.460 Signs on architectural projections extending over a public right-of-way.
15.148.470 Signs located on architectural projections not extending over a public right-of-way.
15.148.480 Signs located on awnings or canopies.
15.148.490 Signs for other than ground floor use.
15.148.500 Moving, relocating or altering signs.
Article V . Construction Specifications
15.148.510 Compliance with building code.
15.148.520 Wind loads.
15.148.530 Supports and braces.
15.148.540 Sign anchoring.
15.148.550 Detached signs.
15.148.560 Glass.
15.148.570 Electric signs.
15.148.580 Strength of parapet wall.
15.148.590 Identification tag.
Article VI . Exempt Signs
15.148.600 Exempt signs generally.
Article VII . Prohibited Signs
15.148.610 Generally.
15.148.620 Traffic hazards.
15.148.630 Public areas, removal, liability for costs.
15.148.640 Animated and intensely light signs.
15.148.650 Moving.
15.148.660 Miscellaneous signs and posters.
15.148.670 Other prohibited signs.
15.148.680 Billboards.
15.148.690 Outline tubing.
15.148.700 Parking of advertising vehicles prohibited.
15.148.710 Emission of sound, odor or visible matter.
15.148.720 Fixed balloon signs.
Article VIII . Maintenance of Signs
15.148.730 Generally.
15.148.740 Abandoned signs.
15.148.750 Dangerous of defective signs.
15.148.760 Illegal signs.
15.148.770 Street improvement projects.
Article IX . Nonconforming Signs and Uses
15.148.780 Signs for legal nonconforming uses.
15.148.790 Alteration or removal of certain nonconforming signs.
15.148.800 Notice of nonconforming signs.
15.148.810 Signs hereafter rendered nonconforming.
15.148.815 Relocation of off-site signs pursuant to relocation agreements.
Article X . Removal and Disposition of Signs
15.148.820 Removal of signs by director of building inspections.
15.148.830 Disposal of signs-Fees.
Article XI . Special Signs and Sign Districts
15.148.840 Freeway-Designation as landscaped freeway.
15.148.850 Freeway-Off-site signs and billboards.
15.148.860 Freeway-On-site signs.
15.148.870 Neighborhood signs.
15.148.885 Signs on multiple-family structures.
15.148.900 Construction-site signs.
15.148.910 Permanent window signs.
15.148.920 Signs for large entertainment venues.
15.148.925 Digital signs in regional shopping centers.
15.148.930 Special sign districts.
15.148.940 Special sign districts-Proceeding initiated by planning and design commission.
15.148.950 Planned unit development signs.
15.148.960 Special planning district signs.
15.148.965 Agreements for digital billboards.
Article XII . Indemnification by Sign Hangers
15.148.970 Indemnification of city.
15.148.980 Liability insurance required.
Article XIII . Variances
15.148.990 Generally.
15.148.1000 Variance powers-Construction codes advisory and appeals board.
15.148.1010 Variance powers-Planning and design commission.
15.148.1020 Variance powers-Zoning administrator.
15.148.1030 Use variance.
15.148.1040 Application-Evidence required to be shown.
15.148.1050 Fee.
15.148.1060 Hearing.
Article XIV . Conditional Use Permits
15.148.1070 Authority for conditional use permits.
15.148.1080 Delegation to zoning administrator.
15.148.1090 Application.
15.148.1100 Fee.
15.148.1110 Hearing.
Article XV . Appeals
15.148.1120 Appeals from decision of planning director.
15.148.1130 Appeals from decision of planning and design commission.
15.148.1140 Appeals from decision of construction codes advisory and appeals board.
15.148.1150 Hearing procedure.
Article XVI . Enforcement
15.148.1160 Violation of chapter a public nuisance-Infraction.
Article XVII . Definitions
15.148.1170 Generally.
Article I. In General
15.148.010 Purpose.
The purpose of the sign regulations set forth in this chapter shall be to eliminate potential hazards to motorists and pedestrians; to encourage signs which, by their good design, are integrated with and harmonious to the buildings and sites which they occupy, and which eliminate excessive and confusing sign displays; to preserve and improve the appearance of the city as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade; to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to supplement and be a part of the regulations imposed and the plan set forth under the Planning and Development Code; and to promote the public health, safety and general welfare. (Ord. 2013-0021 § 57; prior code §
3.02.030)
15.148.015 Government messages and signs.
Nothing in this chapter applies to or restricts the following:
A. The city's use of city property to display the city's own messages. "City property" means real property over which the city: (1) has fee title, an easement (including a public right-of-way), a leasehold interest, or other legal interest; and (2) has the present right of possession and control.
B. Governmental signs for regulatory purposes such as traffic control and public safety (e.g., street signs, danger signs, railroad- crossing signs, signs of public-service companies indicating danger, and aids to service or safety). (Ord. 2016-0025 § 1)
15.148.020 Definitions.
The definition of terms used in this chapter are set forth in Section
15.148.1170 of this chapter. (Prior code § 3.02.031)
15.148.025 Message substitution.
A. Subject to the consent of the land owner and the sign owner, a constitutionally protected noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any other noncommercial message on a sign if the sign structure or mounting device is legal without consideration of message content. Similarly, an onsite commercial message may be substituted for another commercial message on an on-site sign if the substitution does not also involve a change of the physical structure or mounting device for the sign. Such message substitutions may be made without any additional approval or permitting.
B. The purposes of this section are to prevent any inadvertent favoring of commercial speech over noncommercial speech or of any particular noncommercial message over any other noncommercial message and to allow a change of commercial messages on an on- site sign without a new permit.
C. This section does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This section does not allow the substitution of an off-site commercial message in place of an on-site commercial message or the conversion of a sign to general advertising for hire.
D. In addition to message substitution, whenever a parcel has a right to display area that is unused, that area may be used for constitutionally protected non-commercial messages on temporary signs, without permits or approvals; it may also be used for display of noncommercial messages on permanent structures, if the structure is properly permitted.
E. This section prevails over any more specific provision to the contrary within this chapter. (Ord. 2013-0025 § 1; Ord. 2007-083 § 1)
15.148.026 Location of noncommercial messages.
Throughout this chapter, the on-site/off-site distinction applies only to commercial messages on signs. There is no location criterion for noncommercial messages on signs. (Ord. 2007-083 § 2)
Article II. Permits
15.148.030 Sign permit generally required.
Except as otherwise provided in this chapter, it is unlawful for any person to erect, alter, install, or relocate, or to direct or order a person in his or her employ to erect, alter, install, or relocate, a sign within the city without first obtaining a sign permit or permits from the chief building official. (Ord. 2013-0025 § 2; prior code § 3.03.040)
15.148.040 Permission of property owner.
No person shall erect, construct or maintain any sign upon any property or building without the consent of the owner, person entitled to possession of the property or building if any, or their authorized representatives. (Prior code § 3.03.041)
15.148.050 Application for a sign permit.
An application for a sign permit must be submitted to the chief building official upon a form provided by the city, must be accompanied by payment of all required fees, and must include the following information and documents:
A. Drawings to scale indicating the sign location, dimensions, and construction; the associated electrical wiring and components; and the method of attachment and the character of structural members to which the sign will be attached. The chief building official may also require that the applicant furnish additional information and documents, prepared by an engineer who is registered under the California Professional Engineers Act, concerning the structural design and proposed attachments.
B. Any permits or other entitlements required under Title 17 of this code or required by other governmental entities with jurisdiction (e.g., Caltrans).
C. Any other information and documents the chief building official may need to determine whether the proposed sign complies with all applicable laws and regulations. (Ord. 2013-0025 § 3; prior code § 3.03.042)
15.148.060 Issuance of sign permits.
A. Within thirty (30) days after submission of an application for a sign permit, the chief building official shall do one of the following:
1. If the chief building official determines that the proposed sign complies with all applicable laws and regulations, then the chief building official shall issue the permit.
2. If the chief building official determines that the application is incomplete or that the proposed sign does not comply with all applicable laws and regulations, then the chief building official shall issue a notice to the applicant that identifies the deficiencies. Within thirty (30) days after receiving the notice, the applicant may correct the deficiencies and resubmit the application without paying any additional fees, and the chief building official shall process the resubmission in the same way that new applications are processed. Only one resubmission is allowed. If the chief building official determines that a resubmitted application is still incomplete or that the proposed sign still does not comply with all applicable laws and regulations, then the application will be deemed denied.
B. An application will be deemed denied if the chief building official does not act on it as required by subsection (A)(1) or (A)(2) within thirty (30) days after the application is submitted or resubmitted unless the applicant has waived the thirty (30) day requirement.
C. Every sign permit issued by the chief building official will expire if the work authorized by the permit is not commenced within sixty (60) days after the issuance date of the permit or if the work is suspended or abandoned for one hundred twenty (120) consecutive days or more after the work is commenced. Before the work may be commenced or resumed after expiration, a new permit must first be obtained, and the fee therefor will be one-half the amount required for a new permit for the work, except as follows: if changes have been made or will be made in the original plans and specifications for the work, or if the suspension or abandonment exceeds one year, then the fee will be the same as the fee for a new permit.
D. The chief building official may, in writing, suspend or revoke a sign permit whenever the permit is issued on the basis of a material omission or misstatement of fact or in violation of this chapter or any ordinance.
E. When deciding whether to issue, deny, suspend, or revoke a permit, the chief building official shall not consider the content or graphic design of messages other than to determine legality under federal or state law. (Ord. 2016-0010 § 1; Ord. 2013-0025 § 4; prior code § 3.03.043)
15.148.070 Effect of issuance.
No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain a public or private nuisance nor shall any permit issued hereunder constitute a defense in an action to abate a nuisance. (Prior code § 3.03.044)
15.148.080 Fees.
Permits shall be subject to such fees as are specified by resolution of the city council relating to the building and electrical codes of the city; provided, however, that the minimum fee for a permit exclusive of any permit costs for electrical components, shall be as established by resolution of the city council. In addition, when any sign is hereafter erected, placed, installed or otherwise established on any property prior to obtaining permits as required by this chapter the fees therefor shall be doubled, but the payment of such double fee shall not relieve any person from complying with other provisions of this chapter or from penalties prescribed herein. (Ord. 2016-0010 § 2; prior code § 3.03.045)
15.148.090 Inspection of signs.
A. A person or entity that erects, alters, installs, or relocates a sign shall notify the chief building official within three business days after completion of the work for which a sign permit or permits have been issued.
B. Upon receiving the notice, the chief building official shall inspect the sign and notify the person or entity that erected, altered, installed, or relocated the sign of any deficiencies. If all identified deficiencies are not cured to the chief building official's reasonable satisfaction within ten (10) days after the notice of deficiencies, then the chief building official may, in writing, suspend or revoke the sign permit. (Ord. 2013-0025 § 5; prior code § 3.03.046)
Article III. Signs Permitted in Zoning Districts of City
15.148.100 Regulations established.
The regulations in this article are adopted governing the number, size, type, location, and other provisions relating to signs within the various zones of the city as the zones are established and designated by the Planning and Development Code. No signs shall be allowed in these zones unless allowed by this chapter or unless such signs comply with the regulations established in Article IX of this chapter relating to legal nonconforming uses. (Ord. 2016-0010 § 3; Ord. 2013-0021 § 58; prior code § 3.04.060)
15.148.110 Residential zones.
Within any R residential zone, signs are allowed as follows:
A. For each single-family home or duplex, one sign not exceeding a combined area of one square foot for each occupancy. Such a sign shall not be subject to the permit requirements of this chapter.
B. For rooming and boarding houses, one unilluminated, attached sign, for each street frontage, not exceeding twelve (12) square feet in area.
C. For a meeting place at which the public or membership groups are assembled regularly or occasionally, including churches or faith congregations, auditoriums, stadiums, and similar places of assembly, one sign, which may be attached or detached, not exceeding twenty-four (24) square feet in area for each street frontage, plus one additional attached sign not exceeding eight square feet in area.
The square footage totals shall not be combined into one sign. A detached sign shall be a monument type sign, which may be placed in the landscaped setback area but must be located farther than ten (10) feet from the public right-of-way. The height of the monument sign shall not exceed six feet.
D. For multifamily uses, one sign not exceeding twelve (12) square feet in area per each street frontage. Signs may be attached or detached, however, detached signs must meet the following requirements:
1. For multifamily uses, one detached sign is allowed at each major entrance into the development. No more than one detached sign is allowed per street frontage. For corner lots, a detached sign may be substituted for a street frontage and placed within the landscaped setback area at the street corner. Placement of said corner detached sign shall adhere to the visibility requirements for corner lots in the Planning and Development Code.
2. A detached sign shall be a monument type sign or incorporated into a low profile decorative entry wall(s).
3. The height of the monument sign shall not exceed six feet.
4. The detached sign(s) may be placed in the landscape setback area; however, it must be located farther than ten (10) feet from the public right-of-way.
5. The primary material of the monument base or wall shall be decorative masonry such as brick, split face concrete block, stucco, or similar material which compliments the design of the main building(s).
6. Backlit canned plastic signs are not allowed.
7. If the detached sign is placed on a free-standing monument base, a double-faced sign is allowed. If the detached sign is affixed flat against an entry wall, one single-faced sign on each side of the driveway is allowed.
E. For all other nonresidential uses, two signs are allowed for each street frontage not exceeding a total of sixteen (16) square feet in area. Attached signs shall be placed flat against a building or designed as part of an architectural feature thereof. No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided all other provisions of this chapter are complied with. Any detached sign shall be a monument type sign. The height of the monument sign shall not exceed six feet. The detached sign may be placed in the landscaped setback area; however, it must be located farther than ten (10) feet from the public right- of-way.
F. All illuminated signs in the residential zones, including bulletin boards, shall be indirectly illuminated. Directly illuminated signs are prohibited unless authorized by a zoning administrator's conditional use permit issued in accordance with Article XIV of this chapter. (Ord. 2016-0010 § 4; Ord. 2013-0021 § 59; prior code § 3.04.061)
15.148.120 A agricultural zone.
Within an A agricultural zone, signs are allowed on each parcel as follows:
A. One sign for each developed parcel not exceeding thirty-two (32) square feet in area.
B. All signs shall conform to building setback requirements specified by the Planning and Development Code.
C. No detached sign shall exceed a height of thirty-five (35) feet. No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided all other provisions of this chapter are complied with. (Ord. 2016-0010 § 5; Ord. 2013-0021 § 60; Ord. 2012-004 § 31; prior code § 3.04.062)
15.148.125 RMX residential mixed-use zone.
A. In the RMX zone, residential uses shall be allowed signs as provided in Section
15.148.110 Residential zones.
B. In the RMX zone, commercial uses shall be allowed signs as provided in Section
15.148.150 C-1 Limited commercial zone. (Ord.
2016-0010 § 6; Ord. 2004-063 § 9)
15.148.130 OB office building, R-O residential office and H hospital zones.
Within the OB office building and H hospital zones and when office uses are developed in the R-O residential office zone, signs are allowed as follows:
A. Two signs for each street frontage not exceeding a total of sixteen (16) square feet in area for all displays. Signs may be attached or detached.
B. All signs shall be placed flat against a building or designed as part of an architectural feature thereof. No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided all other provisions of this chapter are complied with.
C. All detached signs shall be monument type signs. The height of the monument sign shall not exceed six feet. All detached signs shall be located at least ten (10) feet from any property line and five feet from any driveway in order to provide a clear vision area.
D. The planning and design commission may grant a conditional use permit in accordance with article XIV of this chapter to permit signage in excess of that allowed by this section for facilities which regularly provide emergency medical care. (Ord. 2016-0010 § 7; Ord. 2013-0021 § 61; prior code § 3.04.063)
15.148.140 SC shopping center and HC highway commercial zones.
Within the SC shopping center and HC highway commercial zones, signs are allowed as follows:
A. One detached sign for each developed parcel not exceeding one square foot of sign area for each lineal foot of street frontage abutting the developed portion of such parcel, provided that:
1. Where a developed parcel has in excess of three hundred (300) feet of street frontage, one additional detached sign may be erected for each additional three hundred (300) feet of street frontage in excess of the first three hundred (300) feet of street frontage abutting the developed portion of such parcel.
2. Where a developed parcel is allowed to have more than one detached sign under these regulations, the distance between the detached signs on each parcel shall be not less than three hundred (300) feet.
3. Subject to the provisions of Article IV of this chapter, the total area of all detached signs on each parcel shall not exceed one square foot of sign area for each lineal foot of street frontage of the developed portion of such parcel.
B. Two attached signs for each occupancy within the developed parcel. Such signs shall not exceed a total aggregate area of three square feet of sign area for each front foot of building occupancy. Such signs shall be placed flat against the building, on an architectural projection, or attached to the underside of an architectural projection subject to the provisions of Sections
15.148.460 and
15.148.470.
C. No detached sign shall exceed a height of thirty-five (35) feet. No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided all other provisions of this chapter are complied with.
D. No sign shall be located nearer than five feet to an interior property line nor shall any sign be located nearer than five feet to any common wall or other point common to two separate occupancies on the same parcel. This regulation, however, shall not apply to signs painted on or otherwise attached flat against the wall or architectural projection of a building on the same parcel. A sign may be located within or project into a required front or street sideyard setback area; however, no sign may project into or over an abutting public right-of- way except as otherwise provided for in this chapter. (Ord. 2016-0010 § 8; prior code § 3.04.064)
15.148.150 C-1 limited commercial zone.
Within the C-1 limited commercial zone, signs are allowed as follows:
A. One attached sign for each occupancy. The total area for all such signs shall not exceed one square foot of sign area for each front foot of building occupancy. Such signs shall be placed flat against the building, on an architectural projection, or attached to the underside thereof, subject to the provisions of Sections
15.148.460 and
15.148.470 of this chapter. No height limit is specified for signs placed flat against the wall of a building, or for other attached signs provided all other provisions of this chapter are complied with.
B. One detached sign for each street frontage not exceeding twenty-four (24) square feet in area. All detached signs shall be monument type signs. All detached signs shall be located ten (10) feet from any property line and five feet from any driveway in order to provide a clear vision area. The height of the monument sign shall not exceed six feet. (Ord. 2016-0010 § 9; prior code § 3.04.065)
15.148.160 C-2 and C-4 commercial, M-1, M-2, and M-T industrial zones.
Within the C-2 and C-4 (commercial), M-1, M-2, and M-T (industrial) zones, signs are subject to the following regulations:
A. On-Site Signs.
1. One detached sign for each developed parcel not exceeding one square foot of sign area for each lineal foot of street frontage abutting the developed portion of such parcel, provided that:
a. Where a developed parcel has in excess of 300 feet of street frontage, one additional detached sign may be erected for each additional 300 feet of street frontage in excess of the first 300 feet of street frontage abutting the developed portion of such parcel. b. Where a developed parcel is allowed to have more than one detached sign under these regulations, the distance between such detached signs on each parcel shall be not less than 300 feet. c. Subject to the provisions of Article IV of this chapter, the total area of all detached signs on each parcel shall not exceed one square foot of sign area for each lineal foot of street frontage of the developed portion of such parcel.
2. Two attached signs are allowed for each occupancy. Such signs shall not exceed a total aggregate area of three-square feet of sign area for each front foot of building occupancy. Such signs may be placed flat against a building, may be projected or nonprojected signs and may be located on an architectural projection or attached to the underside of an architectural projection subject to the provisions of sections
15.148.460 and
15.148.470.
3. The maximum height limit for detached signs is as follows:
a. In C-2 and C-4 zones: 35 feet;
b. In M-1, M-2, and M-T zones: 40 feet.
No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided the sign complies with all other provisions of this chapter.
B. Off-Site Signs. Except as otherwise prohibited by this chapter, off-site signs are allowed in the C-2, C-4, M-1, M-2, and M-T zones as follows:
1. All off-site signs shall be detached signs.
2. No off-site sign shall be located nearer than 500 feet from any other off-site sign on the same side of the street as such off-site sign. When an off-site sign is located on one street but is oriented to be viewed primarily from another street, no such sign shall be located nearer than 500 feet from any other off-site sign on the same side of the street on which it is located or any other off-site sign located on the nearest side of the street to which said sign is oriented.
3. An off-site sign shall not exceed 300 square feet in area.
4. The maximum height limit for an off-site sign shall be 30 feet in the C-2 zone and 35 feet in the C-4, M-1, M-2, and M-T zones.
5. No off-site sign shall be located in the area bounded by Interstate 5 to the west, 17th Street to the east, H Street to the north, and Q Street to the south.
C. General Provisions Relating to Location. No sign shall be located nearer than five feet to an interior property line nor shall any sign be located nearer than five feet to any common wall or other point common to two separate occupancies on the same parcel. This regulation does not apply to signs painted on or otherwise attached flat against the wall or architectural projection of a building on the same parcel.
With the exception of off-site signs, a sign may be located within or project into a required front or street sideyard setback area.
However, no sign may project into or over an abutting public right-of-way except as otherwise provided in this chapter. Off-site signs shall be located so as to provide and maintain the same front and street sideyard setbacks as are required for a building on the same parcel. (Ord. 2020-0006 § 2; Ord. 2016-0010 § 10; prior code § 3.04.066)
15.148.165 EC employment center zones.
Within any EC (employment center) zone, signage must comply with the regulations for signs in the C-2 (general commercial zone), set forth in section
15.148.160, and the regulations set forth elsewhere in this chapter for signs in a C-1, C-2, C-3, or C-4 zone. (Ord. 2017- 0044 § 1)
15.148.170 M-1 (S) and M-2 (S) industrial park zones.
Within the M-1 (S) and M-2 (S) industrial park zones, on-site signs are allowed as follows:
A. One detached sign for each street frontage. Detached signs shall be a monument measured from the sidewalk or parking lot, whichever is lower. Sign shall not exceed forty-eight (48) square feet in area.
B. Where a developed parcel has in excess of three hundred (300) feet of street frontage, one additional detached monument type sign may be erected for each additional three hundred (300) feet of street frontage in excess of the first three hundred (300) feet of street frontage abutting the developed portion of said parcel. Where a developed parcel is allowed to have more than one detached monument type sign under these regulations, the distance between the detached signs on each parcel shall be not less than three hundred (300) feet.
C. Two attached signs for each occupancy. The signs shall not exceed a total aggregate area of three square feet of sign area for each front foot of building occupancy. No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided all other provisions of this chapter are complied with.
D. Monument signs may be placed within required front, sideyard, or rear yard setback area. However, a monument sign shall be located at least ten (10) feet from any property line and at least five feet from any driveway in order to provide a clear vision area. (Ord. 2016-0010 § 11; prior code § 3.04.067)
15.148.180 F flood zone.
Within the F flood zone, no sign shall be allowed unless a conditional use permit therefor has been granted by the planning and design commission in accordance with Article XIV of this chapter. (Ord. 2016-0010 § 12; Ord. 2012-004 § 32; prior code § 3.04.068)
15.148.190 CBD-SPD and arts and entertainment district.
Within the CBD-SPD (C-3 zone) and the arts and entertainment district, the following sign regulations apply:
A. General requirements.
1. A sign program must be submitted with an individual project application to the design director or the preservation director and must address the following:
a. Proposed location of signage.
b. Dimensions of signage area.
c. Materials and design guidelines for sign support, structure, and illumination method.
2. Signs are prohibited above the building base (as defined in section 3, Central Core Design Guidelines, in the Central City Urban Design Guidelines adopted by Sacramento City Council Resolution No. 2009-315) except that signs for the main building tenant are allowed above the building base subject to subsections E.6 and E.7 of this section.
3. Off-street signage is prohibited.
B. Design requirements.
1. The location of signs must be only as shown on the plans approved by the design director or the preservation director.
2. Electrical signs must bear the UL label and their installation must comply with applicable building and electrical codes.
3. Exposed conduit and raceways are prohibited.
4. Conductors, transformers, and other related equipment must be concealed.
5. Sign fastenings, bolts, and clips must be galvanized iron, black iron of any type, stainless steel, aluminum, brass, or bronze.
6. Exterior letters on signs exposed to the weather must be mounted at least three-fourths of an inch from the building surface to permit dirt and water drainage.
7. Locations of openings for conduit and sleeves in sign panels of building must be indicated on drawings.
8. Installation of signage must be in accordance with the drawings approved by the design director or the preservation director.
When deciding whether to approve the drawings, the design director or the preservation director (a) shall consider all of the factors relating to the proposed signage and, based on the evidence submitted, make the findings set forth in subsections E.1 through E.8 of section
15.148.1110 that apply to the signage; and (b) shall not consider the content or graphic design of messages other than to determine legality under federal or state law.
C. Allowed signage.
1. Flat-mounted wall signs.
2. Individual-letter signs (e.g., channel letters or flat cut-out letters).
3. Wall plaques.
4. Objects.
5. Window and awning signage.
6. Projecting signs.
D. Type of materials. Signage material must be weather-proof.
E. Location and size.
1. Attached signs.
a. Maximum number of flat or projecting signs: for each street-side building face, two per occupant, with a total display area not exceeding 45 square feet.
b. Maximum area of a flat sign: 3 square feet per front foot of building occupancy, not to exceed 45 square feet. c. Maximum height of a flat sign: 3 feet.
2. Projecting signs: for each street-side building face, one per occupant. a. Maximum area on side: 20 square feet.
b. Maximum height: 10 feet.
c. Maximum distance from building face to outer edge of sign: 4 feet. d. Minimum height from sidewalk to bottom of sign: 8 feet.
3. Suspended signs.
a. Maximum number of suspended signs: one per occupant. b. Maximum area of each face: 9 square feet.
c. Maximum height: 1.5 feet.
d. Minimum height from sidewalk to bottom of sign: 8 feet.
4. Awning or canopy signage. Signage on any awning or canopy must not exceed 25% of the surface area and must comply with all other applicable provisions of this article. The maximum height of the signage is 1 foot.
5. Banners.
a. Total maximum area per banner: 40 square feet.
b. Maximum number of banners: one for each building face. c. Banners in alleys. A banner that projects above a public alley must be located at least 10 feet above the alley grade, the projecting pole mount must be at least 14 feet above alley grade, and the banner must not project more than 2 feet from the building face.
6. Special signage. Notwithstanding section
15.148.640, the following special signs are allowed if authorized by a zoning administrator's conditional-use permit issued in accordance with article XIV of this chapter: signs with exposed neon tubing, signs with flashing lights, signs with traveling lights on theater marquees or nightclubs, and functionally similar signs (excluding signs with digital- display technology).
7. Towers-attached signs. Signage on the towers of office buildings or mixed-use buildings is allowed subject to the following provisions:
a. Design. Signage must be integral in design to the architectural style of the building. b. Number. Two signs per building, each sign with the same display and located in the upper signage area. For mixed-use buildings, two additional signs per building, each sign with the same display and located on the tower, with the area of each additional sign not exceeding 200 square feet and the total area of the two additional signs not exceeding 400 square feet. Only one sign is allowed for each building face, whether located in the upper signage area or on the tower. c. Materials, construction, and design. Signs may be constructed of solid metal, marble, granite, ceramic tile, or other comparable materials. Examples of acceptable metal materials are chrome, brass, stainless steel, or fabricated and painted sheet metal. Plastic or wood signs are prohibited.
d. Illumination. Signs may be unilluminated or internally illuminated to create a halo backlighted effect. Internally illuminated signs must be lighted with neon tubing or lightemitting diodes (LEDs). Lighting must not produce a glare on other properties in the vicinity, and the source of the light must not be visible from adjacent property or a public street. Internally lit plastic signs are prohibited. e. Location. A sign must be attached to, and parallel to, a building face; must not project above the building face on which it is located; and must be located in the upper signage area, except that a sign may be located outside the upper signage area if in a location approved as part of the building-design approval or in a location approved by the design director or the preservation director. When deciding whether to approve a sign location, the design director or the preservation director (i) shall consider all factors relating to the proposed sign and, based on the evidence submitted, make the findings set forth in subsections E.1 through E.8 of section
15.148.1110
that apply to the sign; and (ii) shall not consider the content or graphic design of messages other than to determine legality under federal or state law.
f. Maximum sign area. A sign located in the upper signage area must not exceed 10% of that area. The length of the sign must not exceed 25% of the length of the building face on which the sign is affixed. In a scale consistent with the two preceding sentences, the design director or the preservation director shall determine the maximum size of the following types of signs:
i. Signs located other than as specified above.
ii. Signs located on buildings with a unique or unusual architectural design. g. If not specifically approved as part of the design approval for the building, the following types of signs require a zoning administrator's conditional-use permit issued in accordance with article XIV of this chapter:
i. Signs not located in the upper signage area.
ii. Signs constructed of materials other than marble, granite, ceramic tile, or individual solid metal letters allowed by subsection E.7.c of this section.
8. Monument Signs. Monument signs are allowed subject to the following:
a. Must not be less than 1 foot wide or more than 2.5 feet wide. b. Must not be less than 5 feet high or more than 13 feet high. c. Must have a total surface area on each side (including the base or similar support) not exceeding 30 square feet. d. Must be erected with its base on the ground or on a solid-appearing support substantially equivalent in width and depth to the base.
e. May be illuminated indirectly or internally or through reverse pan-channel halo illumination. f. Must have its outer edge at least 5 feet from property lines. g. Must be at least 10 feet from the edge of any driveway entrance and must not obstruct the vision of motor-vehicle operators or otherwise create a hazard. The city traffic engineer may determine, based on traffic-engineering standards, whether the sign creates a hazard.
h. Must not (i) be an off-site sign or display general advertising for hire, (ii) include vinyl wraps or applique, (iii) be in a public right- of-way, or (iv) have a digital display.
i. Must be consistent with the materials, design, and architectural style of the building to which it relates.
F. Except as provided in subsection E.7.g of this section, attached signs that are subject to this section must be covered by a permit issued under article II of this chapter. (Ord. 2017-0044 § 2; Ord. 2016-0010 § 13; Ord. 2013-0021 § 62; prior code § 3.04.069)
15.148.191 ESC sign district.
A. Definitions. The following definitions apply in this section in addition to the definitions in sections 1.04.020 and
15.148.1170 and
chapter
17.108.
"Aerial-view sign" means a sign that is on the roof of a building, is approximately parallel with the roof plane, is intended to be viewed from the sky, is not viewable from any street, and does not exceed the height of the building's para-pet, including luminaires or other means of illumination on the parapet (a "luminaire" is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply). "Applicant" means any person that applies for a permit to erect, alter, install, or relocate a sign within the ESC sign district. "Attached plaza-entry sign" means a sign that is located at an entrance to zone A and is mounted on, and parallel to, a wall. "Attached plaza sign" means a sign within the plaza that is composed of channel letters, is at least 200 feet from an entrance to zone A, and is attached to an existing structure supported in whole or in part by a building or other structure. "Awning sign" means a sign located anywhere on the surface of an awning. "Banner" means a sign that is constructed of fabric, canvas, metal, or similar durable material and is attached to a light pole or building and fixed in place.
"Detached plaza-entry sign" means a sign on a structure that is at an entrance to zone A and is supported wholly by the ground (i.e., not supported in whole or in part by a building or other structure). "Digital display" means a sign that displays still images, scrolling images, moving images, or flashing images, including video and animation, through the use of grid lights, cathode-ray or laser projections, light-emitting-diode displays, plasma screens, liquid-crystal displays, fiber optics, or other electronic media or functionally equivalent technology. "Director" means the design director or preservation director, or the designee of either, as is appropriate under the circumstances. "Effective date" means November 21, 2019.
"ESC" means the Entertainment and Sports Center special planning district established by chapter
17.442.
"ESC sign district" means the special sign district that has the boundary shown on this map:
"ESC monument sign" means a low-profile, freestanding sign that is erected with its base on the ground or on a solid-appearing support substantially equivalent in width and depth to the base of the sign. "Facade" means the exterior wall of a building, including windows and doors, extending vertically from grade to the top of a parapet or eave and horizontally across the entire width of the building's elevation (i.e., a two-dimensional representation of the wall). "Freeway facade" means a facade that is oriented toward Interstate 5 and is within 660 feet of the Interstate 5 right-of-way, determined by measuring 660 feet from the edge of the right-of-way along a line perpendicular to the center line of the maintraveled way. "Frontage" means the width of a facade that abuts a public right-of-way or the plaza. "Glare" means the sensation of annoyance, discomfort, or loss in visual performance or visibility produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted. "Grade" means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between a building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. Light wells, stair wells, and driveways will not be considered in determining the lowest point of elevation. "Historic properties" means those properties (a) determined to be a historic resource or cultural resource under the California Environmental Quality Act, the National
Environmental Policy Act, or any other California or federal law; or (b) listed or nominated for listing on the Sacramento Register of Historic & Cultural Resources.
"Include" and its variants are terms of enlargement rather than of limitation. For example, "includes" means "includes but not limited to" and "including" means "including but not limited to."
"Inflatable sign" means an object that is used as a temporary sign; is inflated with air or a lighter-than-air substance such as helium; and is attached to the ground or a structure and held in place by a cord, rope, cable, or similar means. Inflatable signs may be in various shapes, made of flexible fabric, and equipped with a portable motorized blower that provides a constant flow of air into the object. "Level 1" means the vertical space below a horizontal plane that is 20 feet above grade. "Level 2" means the vertical space between horizontal planes that are 20 feet and 75 feet above grade. "Level 3" means the vertical space above a horizontal plane that is 75 feet above grade. "Mural" means original work of visual art that (a) is painted directly upon the facade of a building with the permission of the building owner; (b) is 6 square feet or larger; and (c) does not display a message that advertises any business, service, or merchandise. "Non-animated sign" means any sign other than an animated sign. A sign with images, parts, or illumination that changes less than one time in a 24-hour period qualifies as a non-animated sign. "Plaza" means the off-street area within the ESC sign district that is identified on the following map:
"Plaza kiosk" means a small, pedestrian-oriented, free-standing structure that is within the plaza and used to display information. "Pole sign" means a sign that is affixed to one or more poles or posts and is not an ESC monument sign or a plaza kiosk. "Primary facade" means the facade with the building's primary entrance. "Projected-image sign" means an animated or non-animated sign projected on the face of a wall from an electronic device that is not on the plane of the wall.
"Secondary facade" means a facade that faces a public way and does not have the building's primary entrance. "Sunrise" means the time of sunrise in Sacramento on the day in question, as determined by the United States Naval Observatory. "Sunset" means the time of sunset in Sacramento on the day in question, as determined by the United States Naval Observatory. "Suspended sign" means a double-face sign that hangs from a bracket or support attached underneath a building projection, eave, canopy, awning, or colonnade.
"Temporary sign" means a sign, other than a banner, that is not permanently affixed to the ground, a building, or a structure. "Wall sign" means a sign that is on the exterior wall of a building, has its exposed face in a plane approximately parallel to the plane of the wall, and is (a) attached to the wall using a frame; (b) painted on the wall; (c) projected onto the wall (i.e., a projected-image sign); or (d) printed on any material (including vinyl, mesh, and window film) that is attached to the wall by an adhesive or other materials or methods.
"Window sign" means a sign installed on the interior side of a building window and intended to be visible from the exterior of the building. "Window sign" includes any sign that is within a building's interior and oriented to be visible from the street or any sidewalk or other pedestrian way.
"Zone A" means the interior of the ESC sign district and all entry ways into the ESC sign district, as shown in subsection D.1. "Zone B" means the perimeter of the ESC sign district except for entry-way areas into the interior of the ESC sign district, as shown in subsection D.1.
B. Purpose and principles.
1. Purpose. The ESC is intended to create an iconic civic open space-comprising the Golden 1 Center and Downtown Commons- and to energize that space through events, activities, and programming year-round. Because sign-age is an important tool to help achieve and sustain this goal, this section is intended to create a dynamic and creative sign program for the ESC and surrounding area; to preserve the character of the ESC; to implement the adopted development guidelines for the ESC; and to allow for signage that otherwise would be prohibited under chapter
15.148 (Signs) or title 17 (Planning and Development Code)-in sum, to authorize types and location of signage that will enhance the public's overall experience at the ESC and complement the buildings, structures, and public spaces within the ESC. This section is also intended to protect public health and safety by regulating the type, number, and location of signs within the ESC that might distract motorists and pedestrians or be a nuisance for the occupants of buildings near the ESC.
2. Principles.
a. All signage on the exterior or visible from the exterior of a structure must be designed to carefully integrate with the structure's architecture and should enhance the appearance of the structure as well as contribute to the overall character of the streetscape and the ESC sign district.
b. The location and size of all signs must preserve sight lines and enhance visual corridors to foster wayfinding and circulation. c. All signs on a facade must relate proportionately in placement and size to other building elements, and sign style, materials, and color should complement the facade.
d. Signs must be compatible with architectural features such as vertical piers and trim work and should be placed in accordance with facade rhythm, scale, and proportion, including windows, storefronts, and entries. e. All signs must be composed of high-quality materials that enhance the character of the ESC sign district. f. Signs proposed for historic properties must be installed in a manner that avoids adverse effects on the properties' historic materials, character-defining features, and structural integrity.
C. General requirements.
1. Exclusivity. Only signs described in this section, in section
15.148.190, or in section
15.148.600 are allowed within the ESC sign
district. Signs not allowed under one or more of those sections are prohibited, as are signs described in subsection F.
2. Existing signs. Signs and sign-support structures that exist on the effective date and were authorized by this chapter before the effective date may continue as provided in this chapter even if not allowed by this section. The display area of such signs will count against the display area allowed by this section.
3. Design. Each sign must be integral in design to the architectural style of the building to which it is affixed and must comply with chapter 4 (Central Core Private Realm Design Guidelines) in section 3 (Central Core Design Guidelines) of the Central City Urban Design Guidelines.
4. Sign zones. For sign-regulation purposes, the ESC sign district is divided into zones A and B, with three vertical height levels (1, 2, and 3) within each zone, as shown in subsection D.2. a. Signs within more than one zone or level.
i. When a single sign is proposed to cross more than one zone or more than one level, the sign must be of a type allowed in each zone and level.
ii. The total display area of the sign must not exceed that allowed in the most permissive zone or level. iii. Where the sign is subject to different animation, hours-of-operation, or other regulations, the entire sign will be subject to the most-restrictive applicable regulations.
iv. Sign separations are not required for a single sign located in more than one zone or level. b. Wall signs within level 2. Wall signs within level 2 must be at least 400 square feet and must be compatible with the building architecture and articulation. One wall sign is allowed for a building on a parcel with less than 200 line-ar feet of frontage. Two wall signs are allowed for a building on a parcel with at least 200 but less than 300 linear feet of frontage. Three wall signs are allowed for a building on a parcel with 300 or more linear feet of frontage. c. Second-floor commercial-tenant spaces.
i. The director may apply the level 1 sign regulations to second-floor retail- or restaurant-tenant spaces that are within level 2 but have store fronts and primary entrances on publicly accessible space within level 1. ii. The director's application of the level 1 regulations to such tenant spaces must not extend beyond 40 feet above grade. iii. The width of a second-floor tenant space to which the director applies the level 1 sign regulations must not exceed the width of the tenant's store front along the publicly accessible space.
5. General advertising.
a. Except as otherwise provided in this section, signs that display general advertising are prohibited within levels 1 and 2. b. Signs that display general advertising are prohibited in level 3.
6. Allowed signs. Except as otherwise provided in subsection F, all signs identified in subsection D are allowed within the ESC sign district, subject to the requirements in subsection D and the following:
a. Aerial-view signs.
i. One permanent aerial-view sign is allowed for each building. ii. Must not project beyond the parapet or roof edge. iii. A maximum of 30% of roof-surface area is allowed for signage. iv. Light fixtures must not be mounted above, or extended above, roof-mounted structures or the parapet. The sign lighting must not produce glare on public streets or public sidewalks or on adjacent buildings. An aerial-view sign may transition between colors with a transition time of not less than 1 second and with each color displayed for at least 8 seconds, but it must not go blank during a transition and must not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. b. Awning signs are allowed only within level 1.
c. Detached plaza-entry signs.
i. Up to four detached plaza-entry signs are allowed. ii. Must undergo site plan and design review under title 17. iii. Maximum width is 10 feet.
iv. Maximum total display area on each side (including the base) is 120 square feet. v. Display areas must have at least 60% open area or transparency to allow visual access beyond or through the sign. For example:
vi. Must be similar in their physical characteristics and visually compatible with buildings and other structures in the ESC sign district.
vii. Must not have vinyl wraps or appliqué.
d. Attached plaza-entry signs.
i. Up to two attached plaza-entry signs are allowed.
ii. Must undergo site plan and design review under title 17. iii. Maximum width is 4 feet.
iv. Maximum total display area is 16 square feet.
v. Display areas must have at least 60% open area or transparency to allow visual access beyond or through the sign (see the example in subsection C.6.c.v.).
vi. Must be similar in their physical characteristics and visually compatible with buildings and other structures in the ESC sign district.
vii. Must not have vinyl wraps or appliqué.
e. Plaza kiosks.
i. Up to eight plaza kiosks are allowed.
ii. Must undergo site plan and design review under title 17. iii. Maximum width is 4.5 feet.
iv. Maximum height is four times the width.
v. Maximum total display area on each side, including the base and any digital displays, is 50 square feet. vi. May have two digital displays. Only one digital display, with a maximum display area of 20 square feet, is allowed on a side.
Each digital display must comply with subsection C.6.g and must be permanently attached to the plaza kiosk. vii. Must be similar in their physical characteristics and visually compatible with buildings and other structures in the ESC sign district.
viii. Must not have vinyl wraps or appliqué.
ix. May display general advertising if located at least 100 feet from each public right-of-way in the vicinity. For plaza kiosks located closer than 100 feet to a public right-of-way, general advertising may be displayed but must not be visible from, or oriented toward, areas outside the ESC sign district.
f. Attached signs must be within 10 degrees of parallel to the facades to which they are attached. g. Digital displays.
i. May be animated or non-animated signs and may use flashing, scintillating, blinking, or traveling lights or any other similar means of providing illumination.
ii. If a series of still images is shown, then each image must be displayed for at least 8 seconds. The transition between still images, if not instantaneous, must be a fading transition with a transition time between the still images of not less than 1 second and not more than 2 seconds, and with the digital display never going blank during a transition. iii. The maximum pixel pitch is as follows:
(A) 12 mm for a digital display attached to a solid wall in level 1. (B) 16 mm for a digital display attached to a solid wall in level 2 other than a garage wall. (C) 30 mm for a digital display attached to a garage wall in level 2. iv. Must be equipped with a sensor or other device that automatically adjusts the brightness of the display according to changes in ambient lighting to comply with a brightness limitation of 0.3 foot-candles above ambient lighting. The transition from the allowed daytime brightness to the allowed nighttime brightness levels, beginning at 45 minutes before sunset and ending 45 minutes after sunset, must occur smoothly at a consistent rate. An automatic photometric sensor must be provided for automatic dimming. v. The maximum brightness of any digital display is 450 candelas per square meter during the nighttime and 7,500 candelas per square meter during the daytime. The brightness of a digital display must be measured as follows, at the display owner's expense, by a testing agency approved by the chief building official or his or her designee:
Step One. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is 6 feet above grade and 20 feet away from the plane of the display (determined by a line that is within 6 degrees of a line perpendicular to the plane of the display).
Step Two. Use the following formula to determine the "measurement distance" (the "display area" in the radicand is in square feet):
Step Three. Use the following formulas to calculate the display's equivalent maximum brightness during the day and at night:
Equivalent Maximum Nighttime Brightness
B
n
= 180,000 ÷ D
2 B
n
= the equivalent maximum nighttime brightness
D = the measurement distance calculated in Step Two
Equivalent Maximum Daytime Brightness
B
d
= 3,000,000 ÷ D2
B
d
= the equivalent maximum daytime brightness
D = the measurement distance calculated in Step Two
Step Four. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is 6 feet above grade and D feet away (i.e., the measurement distance calculated in Step Two) from the plane of the display as determined by a line that is within 6 degrees of a line perpendicular to the plane of the display. If a brightness so measured exceeds the relevant equivalent maximum brightness calculated in Step Three, then the display's illumination must be adjusted so that it does not exceed that equivalent maximum brightness.
vi. Based on new or updated information or studies, the city council may amend the standards and other provisions set forth in this section in order to mitigate effects on the visual environment or on residential properties or other sensitive receptors; to reduce driver distractions or other hazards to traffic; or to otherwise protect and promote the public health, safety, and welfare. The city council may apply the amended standards to existing signs and digital displays. vii. Digital displays are subject to approval by the director. As part of this process, the director shall consult with the chief building official on the design and operational elements of any digital display. When deciding whether to approve the drawings, the director (a) shall consider all of the factors relating to the proposed digital display and, based on the evidence submitted, make the findings set forth in subsections E.1 through E.8 of section
15.148.1110 that apply to the digital display; but (b) shall not consider the content or graphic design of messages other than to determine legality under federal or state law. viii. Must be integral in design to the architectural style of the building or structure to which it is attached. ix. May display general advertising.
h. Inflatable signs.
i. Allowed only in zone A.
ii. Must be equipped with a rapid-deflation device acceptable to the city. iii. May be attached to a building but must not cover doors, vents, rescue windows, or other openings that serve building occupants.
i. Window signs.
i. Must not obscure more than 25% of the glazing area. ii. May display general advertising.
j. Wall signs.
i. If not a temporary sign, must be integrated into the building architecture. ii. Must not exceed 150 feet in height except on historic properties (see subsection E), on a freeway facade, and in zone A, where they may be up to 225 feet in height.
iii. If composed of vinyl or other material rather than painted, must be mounted on a solid substrate-and-frame system that is attached to the facade by means approved by the fire department and the community development department. iv. Must not restrict the use of doors, vents, windows, or other openings that serve occupants of the building. v. Must not be attached to a building with eye bolts or other similar means that does not use a frame. vi. May display general advertising.
k. Banners.
i. Maximum size is 40 square feet.
ii. Maximum number: one for each facade and up to two on each light pole that exists on the effective date. l. ESC monument signs.
i. One for each parcel, but only if the parcel has a driveway to a public right-of-way. ii. Must undergo site plan and design review under title 17. iii. Maximum width is 3.5 feet.
iv. Must be at least 20 feet from each driveway entry to a public right-of-way. v. The total display area on each side, including the base and any digital displays, must not exceed 30 square feet. vi. May have one digital display with a maximum display area of 8 square feet. The digital display must comply with all requirements of subsection C.6.g.
vii. Must be similar in its physical characteristics and visually compatible with buildings and other structures in the ESC sign district.
viii. Must not have vinyl wraps or appliqué.
m. Projecting signs.
i. Must be attached to the primary structure of the building and not attached to a cantilevered structure. ii. Must be spaced at least 20 feet apart measured from the sign edges. iii. Maximum width is 4 feet.
iv. Maximum display area on each side is 40 square feet. v. The bottom of the sign must be at least 8 feet above grade. n. Suspended signs.
i. Must be spaced at least 20 feet apart measured from the sign edges. ii. Maximum vertical dimension is 4 feet.
iii. Maximum display area on each side is 8 square feet. iv. The bottom of the sign must be at least 8 feet above grade. o. Pole signs that exist on the effective date and pole signs approved by a director-level deviation. Changes to a pole sign that exists on the effective date require director approval. p. Outdoor paving-and-walkway signs (i.e., non-permanent sign or graphic affixed to any at-grade walking surface, including ramps and stairs).
i. No more than 10 outdoor paving-and-walkway signs are allowed in the ESC sign district. ii. The display area must be no greater than 20 square feet. iii. Must be removed within 90 days after installation. iv. Must be composed of non-slip materials and not pose a tripping hazard. v. May display general advertising.
q. Temporary signs.
i. Allowed only in zone A.
ii. May be displayed on a parcel for 15 or fewer consecutive days at a time and for not more than 90 days total in any calendar year. The director may extend these time limits when the temporary signs are associated with an event scheduled for more than 15 consecutive days. Each parcel may have up to two temporary signs at one time. iii. The owner of the parcel where one or more temporary signs will be located must apply for a temporary sign permit. The application must specify the date or dates the signs will be displayed, the types of signs to be used, the number of signs, and the sizes and locations of the signs.
iv. May be inflatables, portable signs, temporary wall signs (surface applied vinyl or similar), or other similar temporary devices or media.
v. A temporary wall sign must not exceed 700 square feet and is not subject to height restrictions. vi. Must not be displayed on, or attached to, any public property or any structure on public property, including telephone or utility poles, traffic-control signs or devices, and streetlights. vii. Must not interfere with or restrict vehicular or pedestrian access or visibility. viii. If composed of mylar or other transparent film-like material, such as perforated vinyl, may be applied directly to windows but must comply with the fire department's emergency-access requirements. ix. This subsection C.6.q controls over inconsistent provisions of subsection
15.148.600.E.
r. Attached plaza signs.
i. Allowed only in zone A, level 2.
ii. Up to two attached plaza signs are allowed.
iii. Must undergo site plan and design review under title 17. iv. Must not be more than 8 feet wide.
v. The total display area on each side (not including the base) must not exceed 180 square feet. vi. Display areas must have at least 50% open area or transparency to allow visual access beyond or through the sign (see the example in subsection C.6.c.v.)
vii. Must not have vinyl wraps or appliqué.
viii. May display general advertising.
7. Allowed display area on facades. The display area allowed on a facade is set forth in subsection D.4 except as otherwise provided in subsection C.10 for signs on freeway facades.
a. Limit of tenant frontage. The frontage for a tenant within a building is measured between demising walls or other identifiable delineations of the tenant's space. "Demising wall" means a vertical wall that separates two adjacent tenants from each other or a tenant from one of the building's common areas.
b. Aggregation or transfer of unused allowed display area on facades. The unused allowed display area of one facade cannot be transferred to, or aggregated with, the allowed display area on another facade. The display area on a facade must not exceed the maximum percentage specified for it in subsection D.4.
c. Wrap-around signs. A building at the corner of an entrance to the ESC sign district may have a single sign that wraps around and connects two adjoining facades. The allowed display area for the wrap-around sign will be the combined allowed display areas of the two facades, except that if one facade is in zone A and the other is in zone B, then, for the purpose of calculating the display area allowed for the sign, zone A will be deemed to extend up to 20 linear feet into the facade within zone B.
8. Calculation of display area. Display area must be calculated in accordance with the definition of that term in section
15.148.1170,
subject to the following:
a. Temporary signs are excluded from calculation of permanent display area. b. Projected-image signs are excluded from calculation of permanent display area.
9. Sign types and heights. Only temporary signs, roof signs, aerial-view signs, channel letters, and (where allowed) wall signs may be located more than 225 feet above grade.
10. Signs on freeway facades.
a. Must comply with Caltrans requirements.
b. May have a display area of not more than 4,200 square feet. c. If the sign is within both level 2 and level 3, the entire sign will be deemed to be within level 2 for purposes of subsections C.5 and C.6.g and subsections D.3 and D.4.
d. May display general advertising.
11. Sign classification. All signs will be classified as either animated signs or non-animated signs, as defined by this chapter and as set forth in subsection D.3.
12. Illumination. All signs within the ESC sign district may be illuminated. a. Signs may be illuminated by either internal or external means. Methods of signage illumination may include electric lamps, such as neon tubes, fiber optic, light-emitting diodes, incandescent lamps, shielded spotlights, and wall-wash fixtures. b. Illumination must not produce glare for occupants of adjacent buildings, and all illuminated signs must be designed, located, or screened so that light from the signs is not directly visible from any residential units that are outside the ESC sign district. c. A sign must not be arranged and illuminated in a manner that will produce a light intensity of greater than 3-foot candles above ambient lighting measured at the sign. This measurement will be taken by focusing on the center of sign from a point that is 6 feet above grade and 20 feet away from the plane of the sign (as determined by a line that is within 6 degrees of a line perpendicular to the plane of the sign).
d. All signs must meet Illuminating Engineering Society of North America (IESNA) standards for lighting. e. Electrical conduits must not be exposed to view.
13. Sign hours of operation. Illuminated signs and animated signs must be limited in their hours of operation as set forth in subsection D.4, to the extent applicable.
14. Sign frames. A sign must not extend beyond the edge of its frame, which is subject to the following:
a. Must be composed of square tubing with 3-inch sides or larger. b. Must have a solid substrate for adhesive materials such as vinyl unless the sign is temporary. c. Connection points (ratchets, eyelets, tensioners, hooks, etc.) between the sign and the frame and between the frame and the structure to which it is attached must not be visible.
d. Must not have catwalks.
e. Must comply with the fire department's emergency-access requirements.
15. Signs that are damaged or otherwise in disrepair must be removed or replaced within 15 calendar days after the city issues a notice demanding repair to the sign owner.
16. Public-art projects that are approved under chapter
2.84 are not subject to this section or to site plan and design review.
D. Zone map, sign levels, sign types, illumination hours, display areas.
1. Map of zones.
2. Vertical sign levels.
3. Types of signs allowed in the ESC sign district.
Zone A
Zone B
Level 1
Level 2
Level 3
Level 1
Level 2
Level 3
Zone A
Zone B
Level 1
Level 2
Level 3
Level 1
Level 2
Level 3
Aerial-View Sign
N
N
N
N
N
N
Attached Plaza-Entry Sign
A/N
X
X
N
X
X
Attached Plaza Sign
X
N
X
X
X
X
Awning Sign
N
X
X
N
X
X
Banner Sign
N
X
X
N
X
X
Channel Letters
N
N
N
N
N
N
Detached Plaza-Entry Sign
A/N
X
X
X
A/N
X
Digital Display
A
A
X
X
A
X
Inflatable Sign
N
X
X
X
X
X
ESC Monument Sign
N
X
X
N
X
X
Projected-Image Sign
A/N
A/N
A/N
A/N
A/N
A/N
Projecting Sign
A/N
A/N
X
A/N
A/N
X
Roof Sign
X
N
N
X
N
N
Suspended Sign
N
N
X
N
N
X
Temporary Sign
A/N
N
N
A/N
N
N
Wall Sign
N
A/N
A/N
N
A/N
A/N
Window Sign
N
X
X
N
X
X
A = Animated
N = Non-Animated
A/N = Both Animated and Non-Animated
X = Not Allowed
4. Maximum number of signs and maximum display area on facades; hours of illumination.
NON-ANIMATED SIGNS
ANIMATED SIGNS
Maximum number of
signs per level for a
facade
Maximum display area
per level for a facade
Allowed hours for illumination
Allowed hours for illumination/
animation
Zone A
Level 1
No maximum
30% of facade
No Restriction
Sunday-Thur sday: Sunrise to
Midnight
Friday-Satur day: Sunrise to 2 AM
Level 2
Three per facade
30% of facade
Sunday-Thur sday: Sunrise to
Midnight
Friday-Satur day: Sunrise to
Midnight
Sunday-Thur sday: Sunrise to
Midnight
Friday-Satur day: Sunrise to 2 AM
Level 3
One per facade
5% of facade
No Restriction
Not Allowed
Zone B
Level 1
No maximum
20% of facade
No Restriction
Not Allowed
Level 2
Two per facade
20% of facade
Sunday-Thur sday: Sunrise to 10
PM
Friday-Satur day: Sunrise to
Midnight
Sunday-Thur sday: Sunrise to 10
PM
Friday-Satur day: Sunrise to
Midnight
Level 3
One per facade
5% of facade
No Restriction
Not Allowed
E. Historic properties. All signs on historic properties must undergo site plan and design review under title 17. All historic signs must be retained. All large-format signs (e.g., wall signs) and murals must comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The only signs and murals allowed on historic properties are those authorized by this subsection E, and, except as otherwise provided, those signs and murals are subject to the requirements of this subsection and not to the requirements for zones A and B and levels 1, 2, and 3. Where a sign is to be installed on a historic surface with grout lines (e.g., terra cotta or brick), all connections and penetrations must be made in the grout lines.
1. California Fruit Building (1000 4th Street).
a. A single projecting sign may be installed at the northeast corner, similar in size to the historic projecting sign previously installed there.
b. Either a single projecting sign or a single sign composed of channel letters may be installed on the third floor of the southeast corner, with a maximum display area of 20 square feet.
c. Either a wall sign (which may display general advertising) or a mural may be installed on the south facade (southwest corner shear wall), with a maximum total display area of 2,000 square feet. d. Either a wall sign (which may display general advertising) or a mural may be installed on the west facade (southwest corner windowless-wall section), with a maximum total display area of 2,000 square feet. e. Projected-image signs are allowed on primary facades for not more than 60 days each calendar year and on secondary facades throughout the year, in each case from 45 minutes before sunset until 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and until midnight on Friday and Saturday.
f. A single full-height banner not exceeding 7 stories high and 1,100 square feet may be attached to the west facade's exterior stairwell instead of wall signs and projected-image signs. The banner may display general advertising, but neither it nor its mounting devices may extend past or wrap around the stairwell (north and south faces) or impede the use of, or access to, the stairwell in any way.
Northwest corner (primary & secondary facades) Southeast corner (secondary & primary facades)
2. Travelers Hotel (428 J Street).
a. The historic street-level signs and awning signs may be repaired, replaced, or modified only if their size, style, and orientation remain substantially the same as they were on the effective date. b. Suspended signs that comply with subsection C.6.n may be installed underneath awnings. c. An attached wall sign may be installed on the west private-alley side; the sign must not exceed 60 square feet, and the top of the sign must not exceed 20 feet above grade.
d. Either a wall sign (which may display general advertising) or a mural may be installed on the secondary facade (northwest corner), with a maximum total display area of 1,400 square feet. e. Either a wall sign (which may display general advertising) or a mural may be installed on the secondary facade (southeast corner), with a maximum total display area of 1,000 square feet. f. Projected-image signs are allowed on primary facades for not more than 60 days each calendar year and on secondary facades throughout the year, in each case from 45 minutes before sunset until 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and until midnight on Friday and Saturday.
g. A single projecting sign may be installed at the corner of 5th and J Streets, similar in size to the historic projecting sign previously installed there.
h. One additional projecting sign may be installed at the southeast corner. i. The sign must be mounted perpendicularly to the east facade, with a vertical dimension not exceeding 20 feet and a display area not exceeding 60 square feet.
ii. The bottom of the sign must be at least 8 feet above grade, and the top must be no higher than the top of the sign described in subsection E.2.g.
iii. The sign may be mounted in the brick area within the grout joints. i. A single roof-mounted sign may be installed, similar in style, size, and location of the historic roof sign.
Northwest corner (primary & secondary facades) Southeast corner (secondary & primary facades)
3. Hotel Clayton (1118 7th Street).
a. The historic street-level signs, the entry entablature, and the 7th Street awning sign (northeast entry) may be repaired, replaced, or modified only if their size, style, and orientation remain substantially the same as they were on the effective date. b. The size, style, and orientation of the street-level signs along 7th and L Streets must complement the existing building design. c. A single projecting sign with a display area of not more than 60 square feet may be installed at the south-east corner of the building
d. Two attached signs, each sign meeting the size restrictions in section
15.148.190.E.7, may be installed at the top of any new
construction or new additions but must not be attached to the historic structure. e. Projected-image signs are allowed on primary facades for not more than 60 days each calendar year and on secondary facades throughout the year, in each case from 45 minutes before sunset until 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and until midnight on Friday and Saturday.
f. Either a wall sign (which may display general advertising) or a mural may be installed on one of the secondary facades, with a maximum total display area of 900 square feet.
Southeast corner (primary facades) Northeast corner (secondary facades) F. Prohibited signs. Except as otherwise provided, the following signs are prohibited in the ESC sign district:
1. Internally illuminated awning signs.
2. Can signs, which are signs whose text, logos, and symbols are surface-applied vinyl or paint on the plastic or metal face of an enclosed or channel cabinet.
3. Formed plastic faced box or injection molded plastic signs.
4. Luminous and non-luminous vacuum-formed letters or faces.
5. Signs that emit or produce odors, flames, water, gas, or noise.
6. Signs that obstruct more than 25% of any window or door within level 1 or of any window allowed under subsection C.4.c for second-floor tenant spaces.
7. Pole signs not allowed under subsection C.6.o.
G. Compliance. A permit will not be issued for a sign unless the sign complies with this chapter, as determined by the director, except as otherwise provided by this section. When determining compliance, the director shall not consider the content of messages on the sign except to the extent needed to comply with federal or state law.
H. Term of ESC sign district and removal of signs.
1. This section
15.148.191 expires automatically, as do all permits issued under this section and all rights created by those permits, at 11:59 p.m. on December 31, 2034.
2. This section
15.148.191 terminates automatically, as do all permits issued under this section and all rights created by those permits, if the document titled "Declaration of Conditions, Covenants, and Restrictions of Golden 1 Center Sign District," which was recorded on October 18, 2019, with the Sacramento County Clerk/Recorder as document number 201910181084, is terminated, invalidated (in whole or part), or amended in any way.
3. All permits issued under this section and all rights created by those permits terminate automatically upon the judicial invalidation of this section (in whole or part).
4. This section and any permits issued under it do not confer any rights, vested or otherwise (including status as a nonconforming use), that will survive the expiration, termination, or invalidation (in whole or part) of this section.
5. Each sign within the ESC sign district must be removed, at no expense to the city, within 30 days after either of the following occurs, and a sign not so removed is subject to article X (Removal and Disposition of Signs) of this chapter:
a. Expiration, termination, or invalidation of the permit issued for the sign under this section. b. Expiration, termination, or invalidation (in whole or part) of this section.
6. Any signs within the ESC sign district that do not comply with this chapter as it reads when this section expires, terminates, or is invalidated (in whole or part) must be removed, at no expense to the city, within 30 days after this section expires, terminates, or is invalidated (in whole or part).
I. Approval and review procedures.
1. Permits. A sign permit issued under article II (Permits) of this chapter is required for all signs within the ESC sign district, including temporary signs but excluding exempt signs.
2. Director-level deviations. Certain sign types may be allowed subject to approval by the director under site plan and design review as provided in title 17. If a proposed sign deviates from the requirements of this section and the applicant desires the proposed sign, then the applicant may apply for a director-level deviation. The director may approve the deviation only if the sign type is allowed in the sign zone at issue and only if the director makes all of the following findings:
a. The proposed sign is appropriately scaled to the architectural character of all buildings, existing signs, and structures on the parcel.
b. The proposed sign and the existing signs result in a complementary enhancement to the architecture and open spaces on the parcel and result in a visually uncluttered appearance. c. The proposed sign complies with all applicable requirements of this section, including requirements concerning display area, total signage facade coverage, sign type, sign height, and operating hours. d. The proposed sign is consistent with the purposes and principles of the ESC sign district.
3. Appeals and reconsiderations. Appeals to the planning and design commission of design-director action and appeals to the preservation commission of preservation-director action must follow the procedures set forth for director-level decisions in section
17.812.060. Reconsideration of a staff-level action must follow the procedures set forth in section
17.812.020.
4. Content neutrality. All decisions by the city under this subsection I must be based solely considerations unrelated to the content of any messages on a sign except to the extent consideration of content is needed to comply with federal or state law.
J. Violations and administrative penalties.
1. Purpose. This subsection J applies only to violations of this section and violations of any permit issued for a sign within the ESC sign district. The administrative penalties established by this section are in addition to any other penalties and remedies established by law, including sections 1.28.010, 15.148.1160, and
17.112.010.
2. Authority and general provisions.
a. The owner of the property on which a sign is located, the owner of the sign, and the owner of the sign-support structure are responsible parties for complying with this section and any order-to-comply issued under this section, and they are jointly and severally liable for the administrative penalties assessed under this section. b. Each day that a violation of this section continues is a new and separate offense. c. Penalties begin to accrue on the 16th day after the date an order-to-comply is issued, as shown on the order-to-comply, unless the violation is corrected before midnight on the 15th day after that date. d. After correcting the violation, a responsible party must contact the representative of the city's community development department who issued the order-to-comply and request a re-inspection. Any penalties assessed will cease to accrue starting on the day that the community development department determines, through the re-inspection, that the violation has been corrected. e. If the city's community development department rescinds an order-to-comply, then the violation will be considered corrected, and no penalties will be due.
f. The city official who determines the amount of the administrative penalty to be imposed in accordance with the table in subsection J.3 shall consider the seriousness of the violation, the responsible party's efforts to correct the violation, the injury or damage suffered by any member of the public, any violations of the same provision or a similar provision in the previous three years, the city staff time expended investigating or addressing the violation, and the amount of administrative penalties that have been imposed in similar situations. But the city official shall not consider the content of the message displayed on the sign except to the extent consideration of content is needed to comply with federal or state law.
3. Amounts of administrative penalties. The administrative penalties for violations of this section are as follows, and the amounts depend on the display areas of the signs in violation:
DISPLAY AREA OF SIGN IN
VIOLATION
(square feet)
ADMINISTRATIVE PENALTIES PER DAY OF VIOLATION
First Violation
Second Violation
Third Violation and All Subsequent
Violations
DISPLAY AREA OF SIGN IN
VIOLATION
(square feet)
ADMINISTRATIVE PENALTIES PER DAY OF VIOLATION
First Violation
Second Violation
Third Violation and All Subsequent
Violations
Less than 20
Up to $500
Up to $500
Up to $500
20 to less than 150
Up to $2,500
Up to $4,000
Up to $8,000
150 to less than 300
Up to $4,000
Up to $8,000
Up to $16,000
300 to less than 450
Up to $6,000
Up to $12,000
Up to $24,000
450 to less than 600
Up to $8,000
Up to $16,000
Up to $32,000
600 to less than 750
Up to $10,000
Up to $20,000
Up to $40,000
750 or more
Up to $12,000
Up to $24,000
Up to $48,000
K. Appeals of administrative penalties. The procedures in subsection
1.28.010.D.4 govern appeals of the administrative penalties assessed under this section, except that the appeal fee is the lesser of 10% of the penalties or $500 rather than the fee prescribed in subsection
1.28.010.D.4.b. (Ord. 2019-0035 § 2)
15.148.193 Railyards SPD.
Signs within the Railyards SPD must comply with all provisions of this chapter. (Ord. 2016-0045 § 3; Ord. 2016-0010 § 14; Ord. 2013- 0021 § 63; Ord. 2007-102 § 1)
15.148.195 TO transit overlay zone.
A. RMX-TO Zone.
1. In the RMX-TO zone, residential uses shall be allowed signs as provided in Section
15.148.110.
2. In the RMX-TO zone, commercial uses shall be allowed signs as follows:
a. One detached sign not exceeding twenty-four (24) square feet in area is allowed for each street frontage of a developed parcel.
All detached signs shall be monument type signs. All detached signs shall be located ten (10) feet from any property line and five feet from any driveway in order to provide a clear vision area. The height of the detached sign shall not exceed six feet. b. One attached sign is allowed for each occupancy. The total aggregate area for all attached signs authorized by this subsection shall not exceed one square foot of sign area for each front foot of building occupancy. The linear footage of an attached sign shall not exceed seventy (70) percent of the linear footage of the occupancy. Attached signs shall be placed flat against the building, on an architectural projection, or attached to the underside thereof, subject to the provisions of Sections
15.148.460 and
15.148.470. No height
limit is specified for signs placed flat against the wall of a building, or for other attached signs provided all other requirements of this article are met.
c. One additional attached sign that is either projecting or on an architectural projection is allowed for each occupancy. Projecting signs authorized by this subsection shall not exceed a total area of five square feet and shall be located not less than eight nor more than twelve (12) feet above the public right-of-way. Signs on architectural projections authorized by this subsection shall be placed entirely below the architectural projection. Except as specifically provided otherwise in this subsection, all of the provisions of this chapter relating to projecting signs and signs on architectural projections shall apply to signs authorized by this subsection. d. In addition to the signage allowed under subsections (A)(2)(b) and (c) of this section, if a commercial use in the RMX-TO zone is located in a building that is sited at the edge of sidewalk with the on-site parking located to the rear of the building and that maintains general public access to the commercial use from both the sidewalk side of the building and the on-site parking side of the building, then the sign allowance for attached signs for the commercial use shall be applied separately and cumulatively to both the sidewalk face of the building and the rear face of the building facing the on-site parking area.
B. C-2-TO Zone. In the C-2-TO zone, signs shall be allowed as follows:
1. On-Site Signs.
a. One detached sign is allowed for each developed parcel not exceeding one square foot of sign area for each lineal foot of street frontage abutting the developed portion of such parcel, provided that:
i. Where a developed parcel has in excess of three hundred (300) feet of street frontage, one additional detached sign may be erected for each additional three hundred (300) feet of street frontage in excess of the first three hundred (300) feet of street frontage abutting the developed portion of such parcel.
ii. Where a developed parcel is allowed to have more than one detached sign under these regulations, the distance between such detached signs on each parcel shall be not less than three hundred (300) feet. iii. Subject to the provisions of Article IV of this chapter, the total area of all detached signs on each parcel shall not exceed one square foot of sign area for each lineal foot of street frontage of the developed portion of such parcel. b. The maximum height limit for detached signs shall be thirty-five (35) feet. c. Except as provided in subsection (B)(1)(d) of this section, two attached signs are allowed for each occupancy. Attached signs shall not exceed a total aggregate area of three square feet of sign area for each front foot of building occupancy. Attached signs may be placed flat against a building, may be projecting or non-projecting signs, and may be located on an architectural projection or attached to the underside of an architectural projection. Any attached sign that projects over a public right-of-way shall not exceed a total area of five square feet and shall be no less than eight feet and no more than twelve (12) feet above the public right-of-way. Except as specifically provided otherwise in this subsection, all of the provisions of this chapter relating to projecting signs shall apply to projecting signs in the C-2-TO zone.
d. In lieu of the requirements of subsection (B)(1)(c) of this section, a building that is sited at the edge of sidewalk with its on-site parking located to the rear of the building and that maintains general public access to the commercial use from both the sidewalk side of the building and the on-site parking side of the building is allowed the following signs on the sidewalk side of the building and the on-site parking side of the building:
i. One attached sign is allowed for each occupancy. The signs may be placed flat against a building, may be projecting or non- projecting signs, and may be located on an architectural projection or attached to the underside of an architectural projection. An attached sign that projects over a public right-of-way shall not exceed a total area of five square feet and shall be no less than eight feet and no more than twelve (12) feet above the public right-of-way. Except as specifically provided otherwise in subsection (B)(1)(b) of this section, all of the provisions of this chapter relating to projecting signs shall apply to projecting signs in the C-2-TO zone. ii. One additional attached sign that is either a projecting sign or a sign on an architectural projection is allowed for each occupancy. Projecting signs authorized by this subsection shall not exceed a total area of five square feet and shall be located not less than eight nor more than twelve (12) feet above the public right-of-way. Signs on architectural projections authorized by this subsection shall be placed entirely below the architectural projection. Except as specifically provided otherwise in this subsection, all of the provisions of this chapter relating to projecting signs and signs on architectural projections shall apply to signs authorized by this subsection.
iii. The total aggregate area of the signs allowed for each occupancy under subsections (B)(1)(d)(i) and (B)(1)(d)(ii) of this section shall not exceed three square feet of sign area for each front foot of building occupancy.
2. Off-Site Signs. In the C-2-TO zone, off-site signs shall be subject to the provisions of subsection B of Section
15.148.160.
3. General Provisions Relating to Location.
a. No sign shall be located nearer than five feet to an interior property line nor shall any sign be located nearer than five feet to any common wall or other point common to two separate occupancies on the same parcel. This regulation, however, shall not apply to signs painted on or otherwise attached flat against the wall or architectural projection of a building on the same parcel. b. With the exception of off-site signs, a sign may be located within or project into a required front or street sideyard setback area.
However, no sign may project into or over an abutting public right-of-way except as otherwise provided in this article. Off-site signs shall be located so as to provide and maintain the same front and street sideyard setbacks as are required for a building on the same parcel. (Ord. 2016-0010 § 15; Ord. 2004-063 § 10)
Article IV. General Requirements and Limitations
15.148.200 Additional regulations established.
The sign regulations of this chapter shall be subject to the additional requirements, conditions and exceptions specified in this article. (Prior code § 3.05.080)
15.148.210 Maximum sign area.
No sign shall exceed three hundred (300) square feet in area. (Prior code § 3.05.081)
15.148.220 Corner lots.
On corner lots the maximum allowable number and square footage of on-site signs are permitted for each street frontage. Such maximum allowances, however, are not transferable either in whole or in part from one street frontage to another.
On buildings having more than one street frontage, the maximum allowable number and square footage of on-site signs are permitted for each building frontage or occupancy. Such maximum allowance, however, is not transferable either in whole or in part from one building frontage to another nor from one occupancy to another occupancy.
When a sign is erected at the street intersection corner of the parcel, or at the intersection of a building front, and is situated at an angle so as to be visible from both streets or both frontages, such sign shall not exceed the maximum area allowed for the longest front footage or building occupancy or street frontage. The area of such sign shall be deducted from the total area and number of signs permissible on such property. (Prior code § 3.05.082)
15.148.230 Projecting signs must be double-faced-Exception.
Except as otherwise provided in Section
15.148.460 of this chapter all projecting signs must be double-faced except signs placed flat against a building or projecting V-shaped signs attached to a building at the open points of the V. Double-faced signs shall have a minimum of four inches and a maximum of twenty-four (24) inches between faces. The faces of such signs shall be fastened to an incombustible metal frame of such construction as to adequately support the sign faces. (Prior code § 3.05.083)
15.148.240 Access regulated.
No sign or its supporting members shall be erected, altered or relocated so as to interfere with or restrict access to a window or other opening in a building in such manner as to unduly limit air circulation or obstruct or interfere with the free use of a fire escape, exit, standpipe, stairway, door, ventilator or window or similar opening, provided, however, that the director of building inspections may approve a swinging sign or other form of sign or its attachment, when, in his or her judgment, such sign will not restrict access to such openings. (Prior code § 3.05.084)
15.148.250 Off-site signs and billboards on residentially used property.
Off-site signs and billboards on property used entirely for residential purposes and located in the C-2, C-4, M-1 and M-2 zones are subject to the following regulations:
A. Any off-site sign or billboard existing on such property on April 4, 1970, may be retained, provided that if such sign does not comply with any other applicable provisions of this chapter, the sign shall be subject to the nonconforming and amortization regulations contained in this chapter.
B. No new off-site sign or billboard may be erected after April 4, 1970, on property located in the aforementioned zones as long as such property is used entirely for residential purposes. (Ord. 2016-0010 § 16; prior code § 3.05.085)
15.148.260 Off-site signs and billboards near residences.
No off-site sign or billboard shall be allowed where such sign faces the front or side yard of any lot within any residential zone, or any lot within any other zone which lot is used entirely for residential purposes, and is located within three hundred (300) feet of such lot line.
No off-site sign or billboard shall be located on any vacant lot or parcel of land lying between two residential buildings where such buildings are less than three hundred (300) feet apart. (Ord. 2016-0010 § 17; prior code § 3.05.086)
15.148.270 Sign clearance and illumination regulated.
The following regulations shall apply to sign clearance and sign illumination:
A. All illuminated signs in the A and R zones shall be indirectly illuminated. Directly illuminated signs are allowed in the A and R zones subject to approval of a zoning administrator's conditional use permit.
B. In all other zones illuminated signs may be of direct or indirect illumination subject to the provisions of subsection C of this section.
C. No sign which has a clearance of less than ten (10) feet between the ground surface and the bottom of the sign shall be directly illuminated with exposed neon tubing or incandescent light globes. Only internal illumination protected by a plastic face or other acceptable material shall be permitted.
D. No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the state of California or rules and regulations duly promulgated by agencies thereof. (Ord. 2013-0021 § 64; prior code § 3.05.087)
15.148.280 Location and depth of flat signs.
Signs placed flat against a building must be erected parallel thereto and the outside face of such sign may extend no more than eighteen (18) inches from the wall of such buildings. Such signs may project over a public right-of-way a distance not exceeding such eighteen (18) inch depth. (Prior code § 3.05.088)
15.148.290 Conditional use permit required-Rotating signs.
Notwithstanding the provisions of Section
15.148.650 of this chapter, a conditional use permit for a rotating sign may be granted by the planning and design commission, following application and public hearing. (Ord. 2013-0021 § 65; Ord. 2012-004 § 33; prior code §
3.05.089)
15.148.300 Conditional use permit required-Roof signs.
Notwithstanding the provisions of Section
15.148.670 of this chapter, a conditional use permit for a roof sign may be granted by the planning and design commission, following application and public hearing. (Ord. 2013-0021 § 66; Ord. 2012-004 § 34; prior code §
3.05.090)
15.148.310 Height regulations for signs on parapet walls, sloping and shed roofs.
The following regulations shall apply to the location and height of signs on parapet walls and various roof structures.
A. Parapet Wall. A sign may be attached to the face of a parapet wall, but may not be located so as to extend more than four feet above the highest point of such parapet wall.
B. Sloping Roof. A sign may be attached to the fascia of or located on the sloping roof of a structure but may not be located so as to extend more than four feet above the upper edge of the fascia of such sloping roof.
C. Shed Roof. A sign may be attached to the fascia of a shed roof of a structure but may not be located so as to extend more than four feet above the lower edge of the fascia of such shed roof. (Prior code § 3.05.091)
15.148.320 Detached signs-Number of panels.
A detached sign may consist of more than one sign panel provided all such sign panels are attached to one common integrated sign structure. The total area of all such panels shall not exceed the maximum allowable sign area specified for a detached sign on the parcel.
Where a sign message consists of separated or individual letters, modules, or symbols, each portion of such sign message shall not be considered as a one-sign panel. In such cases, a single continuous perimeter completely surrounding the sign message shall be utilized to determine its sign area. (Prior code § 3.05.092)
15.148.330 Detached signs-Projection over public right-of-way.
No detached sign shall project over a public right-of-way. (Prior code § 3.05.093)
15.148.340 Detached signs-Projection over canopy.
A detached sign supported by a sign structure which is imbedded in the ground and independent of a canopy for structural support, may project over a canopy. This section shall not be deemed to allow a detached sign to be located over, in whole or in part, the roof of a building. A detached sign which projects over a canopy shall comply with all other applicable regulations of this chapter. (Ord. 2016-0010 § 18; prior code § 3.05.094)
15.148.350 Detached signs-Minimum clearance.
A detached sign shall have a minimum clearance of ten (10) feet between the ground surface and the bottom of the sign, provided that the minimum clearance standard shall not apply if the sign is located in an area not accessible to pedestrian or vehicular traffic, the sign is located at least ten (10) feet from any property line and ten (10) feet from the edge of any driveway entrance, and the sign will not obstruct free and clear vision of motor vehicle operators. (Prior code § 3.05.095)
15.148.360 Detached signs-Embellishment.
On detached signs the sign structure may extend above the maximum allowable height of the sign for embellishment purposes. Under no circumstances, however, may such extension exceed twenty (20) percent of the maximum allowable height for the sign or include any commercial or non-commercial text, logos, or trademarks. (Ord. 2016-0010 § 19; prior code § 3.05.096)
15.148.370 Projecting signs-Revocable permit.
All rights and privileges acquired under the provisions of this chapter, permitting the erection or maintenance of signs over sidewalks or public rights-of-way are mere licenses, revocable at any time without compensation with or without cause, by the city council and all such permits shall contain this provision.
If the city council elects to revoke any such license, it shall give notice of such revocation to the permittee or owner of the property on which the sign is situated and the address shown on the permit or, in the case of the owner, at the address shown on the last equalized assessment roll, and shall afford him or her a period of not less than fourteen (14) days within which to remove the sign or to reconstruct it in such a manner that it does not protrude over the public right-of-way.
If the permittee or owner fails to remove the sign within the period prescribed by the council, it shall be removed by the director of building inspections in the manner provided for in Article X of this chapter. (Ord. 2016-0010 § 20; prior code § 3.05.097)
15.148.380 Projecting signs-Maximum distance of projection.
An attached sign may project over a public right-of-way a distance of not more than four feet; provided, however, no attached projecting sign shall have an over-all horizontal length in excess of nine feet. This regulation shall apply to all attached signs except those placed flat against a building, which are regulated by Sections
15.148.280 and
15.148.460 of this chapter, except as may otherwise be provided in this chapter. (Ord. 2016-0010 § 21; prior code § 3.05.098)
15.148.390 Projecting signs-Maximum area.
Except for flat wall signs, any attached sign which projects over a public right-of-way shall not exceed a total area of one hundred fifty (150) square feet. (Prior code § 3.05.099)
15.148.400 Projecting signs-Minimum height above sidewalk.
Except as otherwise provided in this chapter, no projecting sign shall be erected, altered, or relocated over a public right-of-way unless the bottom of the sign is ten (10) feet or more above the sidewalk. (Ord. 2016-0010 § 22; prior code § 3.05.100)
15.148.410 Projecting signs-Distance from wall.
No attached projecting sign shall be erected, altered, or relocated a distance of greater than eighteen (18) inches between the face of the building or structure wall to which it is attached and the nearest point of the sign. (Prior code § 3.05.101)
15.148.420 Projecting signs-Angle of projection.
A sign which projects over a public right-of-way may have the faces of the sign set at any angle to the building face. However, the maximum allowance projection is determined by measurement at a right angle to the building face. (Prior code § 3.05.102)
15.148.430 Projecting signs-Location and projection above alleys.
A sign which projects into or above a public alley shall be located not less than fourteen (14) feet above the alley grade and shall not project more than twelve (12) inches from the building face. (Prior code § 3.05.103)
15.148.440 Projecting signs-Materials.
All projecting signs in excess of four square feet in area shall be constructed of noncombustible material, or of fire retardant material approved by the director of building inspections. (Prior code § 3.05.104)
15.148.450 Signs to be designed as integrated architectural features.
In order to encourage and promote a harmonious relationship between buildings and signs, the planning and design commission shall have the authority to issue a conditional use permit in accordance with Article XIV of this chapter, for signs which are designed into and are a part of an integrated architectural feature of a building where the strict application of the provisions of this chapter would otherwise prohibit such signs. (Ord. 2016-0010 § 23; Ord. 2013-0021 § 67; Ord. 2012-004 § 35; prior code § 3.05.105)
15.148.460 Signs on architectural projections extending over a public right-of-way.
The following regulations shall apply to signs which are located on or attached to or which are integral parts of an architectural projection which extends over a public right-of-way.
A. No sign attached to or which is an integral part of the face of an architectural projection shall extend above or below the face of such projection.
B. A sign erected on top of an architectural projection shall not exceed a maximum height of two feet above the upper edge of such projection. If directly illuminated, such sign shall be of internal illumination only.
C. A sign may be placed entirely below and may be supported by an architectural projection of a building when such architectural projection is designed to carry the additional weight of such signs. Such signs shall not exceed six feet in length or sixteen (16) inches in height. Such signs shall not project beyond the face of the architectural projection or more than ten (10) feet from the face of the building.
Such signs, if illuminated, shall be double-faced signs with a minimum of four inches and a maximum of eighteen (18) inches between faces. No exposed tubing or incandescent lamps are allowed. All such lighting devices shall be protected by acceptable shatterproof material. Such signs shall be not less than eight feet above the sidewalk, shall be placed perpendicular to the face of the building, and located only at the entrance thereto.
D. No sign may be erected on or attached to an architectural projection in such a manner as to constitute a hazard to firefighters or other emergency responders climbing a ladder placed against such architectural projection. (Ord. 2016-0010 § 24; prior code § 3.05.106)
15.148.470 Signs located on architectural projections not extending over a public right-of-way.
The following regulations shall apply to signs which are located on, attached to, or are an integral part of an architectural projection which does not extend over a public right-of-way:
A. 1. A sign which is attached to or which is an integral part of the face of an architectural projection may extend a maximum of four feet above or below the face of such projection.
2. A sign erected on top of an architectural projection may not exceed a height of four feet above the upper edge of the fascia of such projection.
3. A sign may be placed below and may be supported by an architectural projection of a building when such projection is designed to carry the additional weight of such signs.
B. Such signs shall not project beyond the face of the architectural projection. Such signs, if illuminated, shall be double-faced signs, with a minimum of four inches and a maximum of eighteen (18) inches between faces. No exposed tubing or incandescent lamps are allowed. All such lighting devices shall be protected by acceptable shatterproof material.
C. Any sign attached to or located on an architectural projection shall be located not less than eight feet above a walkway, surfaced area, or ground level below such sign.
D. No sign may be erected on or attached to an architectural projection in such a manner as to constitute a hazard to firefighters or other emergency responders climbing
a ladder placed against such architectural projection. (Ord. 2016-0010 § 25; prior code § 3.05.107)
15.148.480 Signs located on awnings or canopies.
Signage on any awning or canopy erected and maintained in accordance with Chapter 12.36 of this code may not exceed an area of
four square feet; may be painted, placed or installed only on the hanging border of the awning or canopy; and shall comply with all other appropriate provisions of this chapter. (Ord. 2016-0010 § 26; prior code § 3.05.108)
15.148.490 Signs for other than ground floor use.
On any SC, HC, C or M zoned property where there are uses above the ground floor of a building and such uses are different from the ground floor uses, one additional sign per building placed flat against the building may be erected for all such use or uses. Such sign shall not exceed an area in excess of one square foot of sign area for each two lineal front feet of building frontage. (Prior code §
3.05.109)
15.148.500 Moving, relocating or altering signs.
No existing sign may be moved or relocated to any other parcel, building, structure or portion thereof, unless such sign complies in its new location with all other provisions of this chapter, or is altered so as to comply therewith. No existing sign may be moved or relocated on the same parcel, building, structure or portion thereof, unless such sign also complies with all other provisions of this chapter, or is altered so as to comply therewith.
No existing sign may be altered unless such sign, after alteration thereof, complies with all other provisions of this chapter. (Ord. 2016- 0010 § 27; prior code § 3.05.110)
Article V. Construction Specifications
15.148.510 Compliance with building code.
All signs shall comply with the appropriate detailed provisions of the city building code relating to design, structural members and connections. Signs shall also comply with the applicable provisions of the electrical code of the city and the additional construction standards hereinafter set forth in this article. (Prior code § 3.06.120)
15.148.520 Wind loads.
All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows:
For solid signs, twenty (20) pounds per square foot on one face of the sign. For skeleton signs, thirty-six (36) pounds per square foot of the total face area of the letters and other sign surfaces, or ten (10) pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater. (Prior code § 3.06.121)
15.148.530 Supports and braces.
Metal supports or braces shall be at least one-eighth of an inch thick. Wire or cable supports shall have a safety factor of four. All metal, wire cable supports and braces and all bolts used to attach signs to brackets or brackets and signs to the supporting building or structure shall be of galvanized or equal material. (Prior code § 3.06.122)
15.148.540 Sign anchoring.
No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections. (Prior code § 3.06.123)
15.148.550 Detached signs.
All detached sign structures or poles shall be self-supporting structures erected on and permanently attached to concrete foundations.
Such structures or poles shall be fabricated only from painted steel or such other materials as may be approved by the director of building inspections. (Prior code § 3.06.124)
15.148.560 Glass.
When glass is used for sign letters or transparent panels it shall be at least double strength thickness for sign areas up to and including three hundred (300) square inches. When glass is used for sign letters or transparent panels for sign areas in excess of three hundred (300) square inches at least one-quarter inch wire glass shall be used and the maximum span between supports shall be four feet. (Prior code § 3.06.125)
15.148.570 Electric signs.
All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Standards, the Underwriters' Laboratories, Inc., or other similar institution of recognized standing. The full number of illuminating elements thereof shall be kept in satisfactory working condition or immediately repaired or replaced. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. All electric signs shall have a disconnect switch located in accordance with the provisions of this title and the National Electrical Code as adopted by the city council. (Prior code § 3.06.126)
15.148.580 Strength of parapet wall.
A parapet wall must be designed for and have sufficient strength to support any sign which is attached thereto. (Prior code § 3.06.127)
15.148.590 Identification tag.
The identification tag issued with each sign permit must be placed on the exterior surface of each sign. The name of the erector of a sign shall also be placed thereon in letters at least one inch in height. Both items are to be located so as to be easily read from the sidewalk or ground area below the sign. (Prior code § 3.06.128) Article VI. Exempt Signs
15.148.600 Exempt signs generally.
The signs specified in this section are exempt from the other provisions of this chapter, and the display area of such signs is not to be included in the cumulative display area of signs allowed for any parcel, use, or occupancy:
A. Flags. Flags that display messages other than general advertising and are displayed on private property in a manner that complies with Section
15.148.620. The cumulative display area of all flags on a parcel, calculated by measuring one side of each flag, may not exceed one square foot for every three linear feet of street frontage.
B. A-Frame Signs. Portable signs that are capable of standing without support or attachment and are hinged or designed to fold up for easy moving by hand, but only if used to display messages other than general advertising and only if displayed in a manner that complies with Section
15.148.620 and does not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties. Such signs are generally known as A-frame signs, sandwich signs, or sandwich-board signs and typically resemble the letter "A" but may also resemble the letters "T" (upright or inverted) or "U" or "H." Each person or entity that displays a portable sign on a city sidewalk is solely responsible for all injuries and damage caused by the sign and shall indemnify the city against all liabilities, claims, demands, damages, and costs arising in any way from the sign.
C. Small Signs. Unilluminated signs that have a display area not exceeding four square feet; display messages other than general advertising; comply with Section
15.148.620; and do not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties. The cumulative display area of all such signs on a parcel may not exceed one square foot for each five linear feet of street frontage.
D. Interior Signs. Signs located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court, or entrance of any theater; provided however, that no sign will be exempt hereunder unless it is designed, located, and intended to be viewed primarily from inside the premises and not from the public right-of- way. All illuminated signs, including interior illuminated signs, require electrical permit.
E. Temporary Signs. Signs that meet the following criteria are exempt "temporary signs":
1. Temporary Signs in an R, A, or OB Zone.
a. Temporary signs are allowed on any developed or undeveloped parcel in any R, A, or OB zone so long as the cumulative display area of all temporary signs on the parcel does not exceed ten (10) square feet. b. If a parcel in an R, A, or OB zone is undeveloped, then, in addition to the signs allowed by subsection (E)(1)(a), one temporary sign that does not exceed eight feet by four feet in dimension and thirty-two (32) square feet in area is allowed if it is authorized by a sign permit issued under Article II of this chapter. Notwithstanding subsection (E)(5) of this section, the sign may display general advertising, may be up to eight feet in height, and may be displayed for up to one year from the issuance date of the sign permit. When the permit expires, at least ninety (90) days must pass before another permit for such a sign may be issued.
2. Temporary Signs in an SC, HC, C, or M Zone.
a. Temporary signs are allowed on any developed or undeveloped parcel in an SC, HC, C, or M zone so long as the cumulative display area of all temporary signs on the parcel does not exceed fifty (50) square feet. b. If a parcel in an SC, HC, C, or M zone is undeveloped, then, in addition to the signs allowed by subsection E.2.a, one temporary sign that does not exceed 18 feet by 8 feet in dimension and 144 square feet in area is allowed if it is authorized by a sign permit issued under Article II of this chapter. Notwithstanding subsection E.5 of this section, the sign may display general advertising, may be up to 15 feet in height, and may be displayed for up to one year from the issuance date of the sign permit. When the permit expires, at least 90 days must pass before another permit for such a sign may be issued.
3. A temporary sign may not be located within or over the public right-of-way, except as follows: a temporary sign may be placed in that area of public right-of-way between the face of the street curb and the street side edge of the sidewalk (commonly referred to as the planting strip
or the mowing strip) so long as the placement of the sign does not violate any provision of this code, including, but not limited to, Chapter
12.28 (relating to obstructions to visibility at intersections), Section
12.56.060 (relating to protection of trees), and Section
15.148.620
(relating to traffic hazards); does not violate any other law or regulation; and does not otherwise constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties.
4. A temporary sign may be staked in the ground; may be tacked, pasted, or otherwise temporarily affixed to legally existing fences, structures, and buildings; and may be taped, painted, or otherwise temporarily affixed to the interior or exterior surfaces of building windows.
5. Except as provided in subsections (E)(1)(b) and (E)(2)(b) of this section, a temporary sign may not display general advertising, may not be illuminated, may not be a roof sign, may not exceed six feet in height, and may not be displayed on a parcel more than a total of one hundred eighty (180) days in a calendar year.
F. Bicycle-share sponsorship signs. As used in this subsection F, "bicycle-share program" means a cooperative arrangement between the City and one or more public or private entities for the short-term rental of bicycles to the public at subsidized rates; "bicycle-share station" means a structure comprising one or more bicycle racks (as defined in section
5.18.020) used by a bicycle-share program to
retain bicycles in an upright, parked position until released by the customers; "bicycle-share sponsorship sign" means a sign affixed to a bicycle-share station and used solely to identify the operator or sponsor, or both, of the bicycle-share program; and "bicycle-share information sign" means a sign affixed to a bicycle-share station and used solely to display instructions for use of the bicycles and a vicinity map.
1. A bicycle-share station may have one large bicycle-share sponsorship sign and one large bicycle-share information sign, each complying with subsection F.3 and the following:
a. the display area may not exceed 4 square feet;
b. any illumination must be from a light source within the sign; and c. the sign may not use digital-display technology.
2. In addition to the large signs allowed under subsection F.1, each bicycle rack in a bicycle-share station may have two bicycle- share sponsorship signs, each complying with subsection F.3 and the following:
a. the display area may not exceed 1 square foot; and b. the sign may not be illuminated.
3. All signs authorized by this subsection F must comply with the following:
a. the sign must comply with sections 15.148.570 (if applicable), 15.148.620, 15.148.640, 15.148.650, and
15.148.710;
b. general advertising may not be displayed;
c. the sign must not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent property; and d. if affixed to a bicycle-share station located on city property (as defined in section
15.148.015), or to a bicycle rack within such a
station, the sign must satisfy all requirements, conditions, and restrictions in any agreement that authorizes the placing of the station on the city property.
G. Sponsorship signs for EV-charging stations. Signs affixed to a structure or apparatus that provides the public with access to subsidized, non-proprietary charging of electric vehicles and is located on city property, as defined in section
15.148.015, under an
agreement between the city and the owner of the structure or apparatus.
1. Each such structure or apparatus (an "EV charging station") may have up to two sponsorship signs that display instructions for use and identify the sponsor or sponsors of the EV charging station.
2. Each sponsorship sign for an EV charging station must comply with all of the following:
a. the display area of each sign may not exceed eight square feet; b. any illumination must be from a light source within the sign; c. the sign may not use digital-display technology unless expressly allowed by the agreement between the city and the owner of the structure or apparatus;
d. the sign must comply with sections 15.148.570 (if applicable), 15.148.620, 15.148.640, 15.148.650, and
15.148.710;
e. general advertising may not be displayed;
f. the sign must not constitute a nuisance or hazard to vehicular traffic, pedestrians, or adjacent property; and g. the sign must satisfy all requirements, conditions, and restrictions in the agreement between the City and the owner of the structure or apparatus.
H. Digital kiosks. Digital kiosks located on public property pursuant to an agreement between the city and one or more public or private entities.
1. Digital kiosks shall be primarily used to convey information about the community to its residents and visitors. The city manager or designee may authorize advertising that is secondary and subordinate to the primary purpose. The city manager or designee may set advertising standards to be applied uniformly to the advertising authorized on digital kiosks.
2. The city manager or designee may limit displayed content for aesthetics and traffic safety. These limitations may include, but are not limited to, display size, type, brightness, and frequency of change of display. (Ord. 2024-0051 § 2; Ord. 2023-0026 § 2; Ord. 2018- 0026 § 2; Ord. 2018-0019 § 2; Ord. 2016-0010 § 28; Ord. 2013-0025 § 6; prior code § 3.07.140) Article VII. Prohibited Signs
15.148.610 Generally.
No person shall erect, alter or relocate any sign of the type specified in this article. (Prior code § 3.08.150)
15.148.620 Traffic hazards.
No sign shall be permitted at the intersection of any street in such a manner as to obstruct free and clear vision of motor vehicle operators or at any location where by reason of its position, shape or color it may interfere with or be confused with any authorized traffic sign, signal or device or which makes use of a word, symbol, phrase, shape or color in such a manner as to interfere with, mislead, or confuse traffic. (Prior code § 3.08.151)15.148.620
15.148.630 Public areas, removal, liability for costs.
A. No sign shall be allowed that is placed on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree, or other surface located on public property or over or across any street or public thoroughfare except as may otherwise expressly be authorized by this chapter.
B. Any sign found placed, posted, or otherwise affixed upon any public or utility property contrary to the provisions of this section or Section
15.148.660 of this chapter may be removed by any company, utility, organization, or individual owning or responsible for maintaining that property, or by the city. Notwithstanding the provisions of Section
15.148.820 of this chapter, no advance notice or
hearing shall be required. The person responsible for any such illegal placement, posting, or affixing shall be liable for the costs incurred in the removal thereof, and the revenue manager is authorized to effect the collection of any removal costs incurred by the city. Any such sign may be disposed of in any manner deemed appropriate by the person who removes it.
C. For purposes of this section, the following persons are responsible for placing a sign and to pay removal costs:
1. The person whose name, telephone number or address appears as the sponsor or promoter of a concert, dance, sporting event, theatrical performance, or similar activity or event referred to on the sign;
2. The person whose name, telephone number or address appears as the person to contact on the sign;
3. The owner, or lessee if the property is leased, of property used for a commercial activity or event advertised on the sign;
4. The promoter or sponsor of any activity or event to which the sign refers;
5. The candidate named on a sign which promotes a candidate for public office;
6. The real estate broker, agent, brokerage firm or other person whose name or telephone number appears on a sign advertising property for sale, lease or rent;
7. The owner, or lessee if the property is leased, of property used for a yard or garage sale advertised on the sign.
Any person responsible to pay removal costs may avoid such liability by demonstrating that he or she did not cause, authorize, permit, encourage, direct, recommend, or approve the posting of the sign on public or utility property. (Ord. 2016-0010 § 29; prior code §
3.08.152)
15.148.640 Animated and intensely light signs.
No sign shall be permitted which is animated by means of flashing, scintillating, blinking or traveling lights or any other means not providing constant illumination. No sign shall be permitted which because of its intensity of light constitutes a nuisance or hazard to vehicular traffic, pedestrians or adjacent properties. (Prior code § 3.08.153)
15.148.650 Moving.
Except as otherwise provided in Section
15.148.290 of this chapter, no sign or any other portion thereof shall be allowed that moves or assumes any other motion constituting a nonstationary or fixed condition except for the rotation of revolving prism units in off-site signs or billboards. Revolving prism units may be used if such parts do not exceed a speed of one complete revolution, including the stationary condition of the prisms, in a thirty (30) second period. (Ord. 2016-0010 § 30; prior code § 3.08.154)
15.148.660 Miscellaneous signs and posters.
The tacking, painting, pasting, or otherwise affixing of signs or posters of a miscellaneous character, visible from a public way, located on the walls of a building, barns, sheds, on trees, poles, posts, fences, or other structures is prohibited. (Prior code § 3.08.155)
15.148.670 Other prohibited signs.
Except as otherwise provided in this chapter, the following signs are prohibited:
A. Signs that are located on or project over the roof of a building or structure.
B. Pennants, streamers, bunting, and wind signs.
C. Sidewalk clocks.
D. Statues, real or simulated, utilized for advertising purposes.
E. Off-site signs and signs displaying general advertising for hire. (Ord. 2017-0044 § 4; Ord. 2013-0025 § 7; prior code § 3.08.156)
15.148.680 Billboards.
Notwithstanding any contrary provision of this chapter, from and after November 15, 2007, the construction, erection, installation, and use of new billboards are prohibited, subject to the following:
A. This section does not prohibit the city from entering into relocation agreements regarding existing billboards, as authorized by Section
15.148.815 and state law.
B. This section does not affect billboards that legally existed on November 15, 2007; were legal when constructed; and are in conformance with all applicable laws. This section also does not affect the city's ability to condemn any existing billboards.
C. This section does not affect billboards constructed on or after November 15, 2007, under a relocation agreement authorized by Section
15.148.815 and state law.
D. This section does not affect signs that are allowed under section
15.148.191 to display general advertising. (Ord. 2019-0035 § 3; Ord. 2016-0010 § 31; prior code § 3.08.157)15.148.680
15.148.690 Outline tubing.
Outlining of a building by means of exposed neon tubing, exposed incandescent lighting, or other artificial lighting, or an equivalent effect is prohibited. (Prior code § 3.08.158)
15.148.700 Parking of advertising vehicles prohibited.
No person shall park any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle. (Prior code § 3.08.159)
15.148.710 Emission of sound, odor or visible matter.
No advertising sign or device shall be permitted which emits audible sound, odor, or visible matter. (Prior code § 3.08.160)
15.148.720 Fixed balloon signs.
The use of a fixed balloon within the city as a sign is prohibited. The term "fixed balloon" shall mean any lighter-than-air or gas-filled balloon attached by means of a rope or tether to a definite or fixed location. (Prior code § 3.08.161) Article VIII. Maintenance of Signs
15.148.730 Generally.
Each sign shall be maintained in a safe, presentable and good condition, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of such sign. The director of building inspections shall require compliance or removal of any sign determined by the director to be in violation of this section in accordance with the provisions of Article X of this chapter. (Prior code § 3.09.170)
15.148.740 Abandoned signs.
Except as otherwise provided in
Chapter 15.48 of this title, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which was erected for an occupant or business unrelated to the present occupant or his or her business, or a sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be promptly removed by the owner of the sign or owner of the premises. (Prior code § 3.09.171)
15.148.750 Dangerous or defective signs.
No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises. (Prior code § 3.09.172)
15.148.760 Illegal signs.
No person shall erect or maintain or permit to be erected or maintained on any premises owned or controlled by him or her any sign which does not comply with the provisions of this chapter. (Prior code § 3.09.173)
15.148.770 Street improvement projects.
Any sign projecting over a public right-of-way on April 4, 1970, that was subject to removal or relocation at the owner's expense, pursuant to a permit or ordinance of the city, shall be removed by the owner or altered at the owner's expense to comply with the regulations of this chapter if, as the result of, or after completion of a street improvement project, such sign does not or would not comply with the regulations of this chapter. (Ord. 2016-0010 § 32; prior code § 3.09.174) Article IX. Nonconforming Signs and Uses
15.148.780 Signs for legal nonconforming uses.
Subject to the provisions of this section, signs for a legal nonconforming use as defined in the Planning and Development Code of the city are allowed. Signs for a legal nonconforming use shall be deemed to comply with the provisions of this chapter if they comply with the sign regulations for the most restrictive zoning district which permits the nonconforming use as an allowed use. Such signs shall be allowed only so long as the nonconforming use is allowed. Any such sign legally existing on April 4, 1970, but which does not comply with the regulations of this chapter shall be deemed to be a nonconforming sign under the provisions of this chapter and shall be subject to alteration or removal in accordance with the provisions of Section
15.148.790 of this chapter. Notwithstanding any provision to the contrary herein, no new or additional detached sign after April 4, 1970, for a nonconforming use shall be allowed. The owner of the property on which the sign is located shall have the primary responsibility for removing the signs required to be removed or altered under this article. (Ord. 2016-0010 § 33; Ord. 2013-0021 § 68; prior code § 3.10.180)
15.148.790 Alteration or removal of certain nonconforming signs.
A. At no cost to the city, signs existing in 1970 and rendered nonconforming by Ordinance No. 2868 shall be removed, or altered so as to comply with the provisions of this chapter, within the following time limits:
1. Within one year from the effective date of Ordinance No. 2868:
a. Canvas signs, banners, flags, pennants, streamers, bunting and wind signs; b. "A" frame signs, portable signs on advertising vehicles; c. Statuary or representative figures used for advertising purposes; d. Signs emitting sound, odor, or visible matter and exposed neon tubing, incandescent lighting or other artificial lighting or an equivalent effect used for the purpose of outlining a building.
2. Within three years after the effective date of Ordinance No. 2868:
a. Animated signs;
b. Moving signs, except as otherwise provided in Section
15.148.290 of this chapter.
3. Within ten (10) years from the date such signs were erected, or within five years from the effective date of Ordinance No. 2868, whichever occurs last:
a. Off-site signs or billboards in zones where not allowed; b Off-site signs or billboards in civic improvement districts, in accordance with the provisions of prior code Section
3.12.205;
c. Roof signs except as otherwise provided in Section
15.148.300 of this chapter;
d. Signs in excess of the number specified by Ordinance No. 2868; e. Sidewalk clocks.
4. Any off-site sign or billboard existing on the effective date of Ordinance No. 2868 which is within six hundred sixty (660) feet of a freeway and the copy of such sign is readily visible by persons traveling on such freeway, shall, without cost to the city, be removed within ten (10) years from the effective date of Ordinance No. 2868 or within three years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed and accepted, whichever is earlier.
B. Off-site signs and billboards existing on October 29, 1981, and rendered nonconforming by Ordinance No. 81-093, may remain.
However, the structure of such signs may not be modified or replaced except as otherwise provided in this chapter. (Ord. 2016-0010 § 34; prior code § 3.10.181)
15.148.800 Notice of nonconforming signs.
Upon the effective date of the ordinance codified in this article, the director of building inspections shall compile a list of signs in existence on the effective date of the ordinance codified in this article which are required to be removed or altered so as to comply with the provisions of
Section
15.148.790 and this chapter. The list shall include all signs other than the signs described in Section
15.148.790(A). Upon the completion of such list the director of building inspections shall notify by mail the owners of property upon which such signs are located that compliance with this article is required within the time limit specified. For the purpose of notification, the last known name and address of the owner or owners of the property involved shall be used as shown on the last equalized assessment roll.
Notification of the owners of the property involved shall be deemed to be notification of the owners of the signs involved, unless the name and address of the owner of the sign appears thereon, in which event notice will be sent to such sign owner. Notwithstanding any provision to the contrary herein, failure to notify the owner of the property or sign or the failure of such owner to receive such notice shall not relieve such owner of the duty to comply with the provisions of Section
15.148.790 or of this chapter. (Prior code § 3.10.182)
15.148.810 Signs hereafter rendered nonconforming.
Any sign which becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of annexation to the city of the territory upon which the sign is located, or the amendment of this chapter, the Planning and Development Code, or other provision of this code so as to render such sign nonconforming shall be subject to the provisions of this article. The period within which such sign must be removed shall commence to run upon the effective date of the annexation, amendment or the date upon which the sign otherwise becomes nonconforming. (Ord. 2016-0010 § 35; Ord. 2013-0021 § 69; prior code § 3.10.183)
15.148.815 Relocation of off-site signs pursuant to relocation agreements.
A. Purpose. The purpose of relocation agreements approved pursuant to this section is to allow for the removal and relocation of existing, nonconforming, off-site signs to new and different locations, and to enable the substitute of off-site signs meeting modern standards for such existing, nonconforming, off-site signs. For purposes of this section: (1) "off-site sign" and its variants includes "billboards"; and (2) "relocation" includes the removal of existing nonconforming, off-site signage and the construction of new replacement off-site signage or alteration of existing off-site signage, subject to compliance with the requirements of this section.
B. Off-Site Signs Pursuant to Relocation Agreement. Notwithstanding provisions of this chapter to the contrary, a new or relocated off- site sign that does not comply with all of the requirements of this chapter may be allowed pursuant to a relocation agreement approved by the city council pursuant to this section, subject to the requirements and procedures set forth below.
C. Applicability. Any legal, nonconforming off-site sign may be considered as a candidate for relocation pursuant to a relocation agreement as provided in this section. Such off-site signs may be relocated to a new site or relocated on the present site only in accordance with this section.
D. Procedure. Relocation agreements shall be approved by the city council. Applications for relocation agreements shall be noticed and heard before the planning and design commission and city council in the same manner as applications for city council approved conditional use permits are noticed and heard pursuant to the Planning and Development Code.
E. Application-Property Owner's Consent or Indemnity. To the extent the applicant is not the owner of the property on which the nonconforming, off-site sign proposed for relocation is located, or is not the owner of the property to which the nonconforming, off-site sign will be relocated, the applicant shall, either at the time of application, either provide documentation of the consent of the owner(s) to the application or, agree to indemnify the city against any and all claims from owner(s) concerning the processing and approval, should approval occur, of the relocation agreement application.
F. Requirements for Relocated Off-Site Signs. The off-site sign(s) approved for relocation pursuant to a relocation agreement under this section shall comply with the requirements of this chapter for off-site signs, except as specifically provided below:
1. Size. The maximum size of an individual off-site sign relocated pursuant to a relocation agreement shall not exceed seven hundred (700) square feet;
2. Distance Between Off-Site Signs. Except as prohibited by the California Outdoor Advertising Act, and notwithstanding Section
15.148.160(B), off-site signs may be located at or greater than two hundred fifty (250) feet from another off-site sign on the same side of the street; and to the extent an off-site sign is located on one street but is oriented to be viewed from another street, no such sign shall be located nearer than two hundred fifty (250) feet to any other off-site sign on the same side of the street on which it is located or any other off-site sign located on the nearest side of the street to which said sign is oriented.
3. Zoning. Relocated off-site signs shall be allowed in the C-4, M-1 and M-2 zones; provided that lawfully existing, nonconforming off-site signs located in other zones may be altered, modified or replaced in the same location pursuant to a relocation agreement, provided that all of the other provisions of this section are satisfied.
4. Reduction in Number of Signs and Square Footage. No relocation agreement shall be approved unless the relocation agreement results in: (a) a net reduction in the number of off-site signs lawfully allowed; and (b) a net reduction in the total square footage of off-site signage lawfully allowed.
5. Signs Within Six Hundred Sixty (660) Feet of a Freeway. Notwithstanding Section
15.148.850, a relocation agreement may be
approved even though it would result in the relocation of a sign or signs to a location within six hundred sixty (660) feet of a freeway where the copy of such off-site sign would be visible by persons traveling on that freeway.
6. Consistency with Outdoor Advertising Act. In addition to complying with the other requirements set forth in this section, the relocated off-site sign must also comply with the requirements of the Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code
, including, but not limited to, the restrictions on size, height, proximity to interstate and primary highways and landscaped freeways, and other regulations set forth in Articles 7 and 8 of the Act. To the extent any conflict arises between this section and the Outdoor Advertising Act, the Outdoor Advertising Act will prevail.
G. Findings. A relocation agreement may be approved if the council makes the following findings concerning the signage proposed for relocation pursuant to the relocation agreement;
1. The relocated signage complies with the purpose and requirements of this section and this chapter;
2. The relocated signage is compatible with the uses and structures on the site and in the surrounding area, including parks, trails and other public facilities and amenities;
3. The relocated signage will not interfere with on-site access, circulation or visibility;
4. The relocated signage will not create a traffic or safety hazard;
5. The relocated signage will not result in any undue or significant increase in visual clutter in the area surrounding the new site.
H. Removal of Existing Off-Site Sign. The off-site sign(s) approved for relocation must be removed from the original site(s) prior to construction or installation of the off-site sign(s) authorized by the relocation agreement. (Ord. 2016-0010 § 36; Ord. 2014-0017 § 2; Ord. 2013-0021 § 70; Ord. 2010-011 § 2; Ord. 2002-005 § 1, 2002) Article X. Removal and Disposition of Signs
15.148.820 Removal of signs by director of building inspections.
The director of building inspections shall remove or cause to be removed any abandoned, dangerous, defective, illegal, prohibited, nonconforming sign subject to removal under the provisions of Article IX of this chapter which has not been removed within the time period specified in such Article IX, or any other sign maintained in violation of the provisions of this chapter. The director of building inspections shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten (10) days the sign shall be removed in accordance with the provisions of this article.
For signs described under the provisions of subsection A of Section
15.148.790 of this chapter the notice shall be mailed or given to the occupant of the property or their employee or representative upon which the sign is located.
For all other signs the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, the notice may also be mailed or delivered to the owner of the sign and the occupant of the property.
Any person having an interest in the sign or the property may appeal the determination of the director of building inspections ordering removal or compliance by filing a written notice of appeal with the city planning director within ten (10) days after the date of mailing the notice, or ten (10) days after receipt of the notice if the notice was not mailed. The appeal shall be heard by the planning and design commission or a committee of the planning and design commission which the planning and design commission is authorized to create by resolution. Such committee, if created, shall be called the sign code board of appeals.
Notwithstanding the above, in cases of emergency, the director of building inspections may cause the immediate removal of a dangerous or defective sign without notice. (Ord. 2016-0010 § 37; Ord. 2012-004 § 36; prior code § 3.11.184)
15.148.830 Disposal of signs-Fees.
Any sign removed by the director of building inspections pursuant to the provisions of this article shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of abatement or removal shall include any and all incidental expenses incurred by the city in connection with the sign abatement or removal.
If the costs are to be assessed against the property, a hearing to confirm such cost shall be held before the city council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of such property owner as shown on the last equalized assessment roll. If proof is made that notice, as required to be given herein, has in fact been given, the failure of any owner or owners to receive such notice shall not invalidate any proceedings hereunder either as to removal or abatement of such sign or the cost or assessment made in connection therewith. If a cost assessment is confirmed by the city council, such assessment shall be added to and collected with the next property tax bill and shall be treated as a real property tax or assessment and have the same priority as such tax or assessment. (Prior code § 3.11.185) 15.148.830 Article XI. Special Signs and Sign Districts
15.148.840 Freeway-Designation as landscaped freeway.
All freeways within the city, constructed or to be constructed are classified as landscaped freeways. (Prior code § 3.12.190)
15.148.850 Freeway-Off-site signs and billboards.
After April 4, 1970, no new or additional off-site signs or billboards shall be erected, nor shall any existing off-site sign or billboard be altered or relocated, within six hundred sixty (660) feet of the exterior right-of-way line of any portion of a freeway or of a route for a freeway which has been adopted by the State Highway Commission, if the copy of such off-site sign or billboard is or would be visible by persons traveling on such freeway or proposed freeway. (Ord. 2016-0010 § 38; prior code § 3.12.191)
15.148.860 Freeway-On-site signs.
No on-site signs shall be altered or relocated within six hundred sixty (660) feet of the exterior right-of-way line of any portion of a freeway or of a route for a freeway which has been adopted by the State Highway Commission, if the copy of such on-site sign is or would be visible by persons traveling on those portions of the freeway or proposed freeway located within six hundred sixty (660) feet of the sign, unless such signs comply with all applicable regulations of this chapter and with the following additional regulations. Where the regulations of this section conflict with regulations of another section, the more restrictive regulation shall prevail.
A. Detached signs in the C-2, C-3, C-4, SC Commercial Zones; M-1 and M-2 Industrial Zones.
1. Detached signs shall have a maximum area of twenty-four (24) square feet.
2. Detached signs shall have a maximum height of twelve (12) feet measured from grade level.
3. Detached signs shall be of a monument type and shall be located within a landscaped planter of at least a four-foot radius measured from the perimeter of the sign.
4. Notwithstanding the above, motels, hotels, restaurants and gas stations located in the C-2, C-3, C-4, SC commercial zones, M-1 and M-2 industrial zones are allowed to have the signage allowed in the highway commercial zone due to the freeway services these uses provide.
B. Detached Signs in the H-C Commercial Zone.
1. Detached signs shall have a maximum area of two hundred (200) square feet.
2. Detached signs shall have a maximum height of thirty-five (35) feet.
3. Detached signs shall be constructed in a style and out of materials compatible to the structure located on the same site and shall be located within a landscaped planter of at least a four-foot radius measured from the perimeter of the sign.
4. One detached sign for each developed parcel not exceeding one square foot of sign area for each lineal foot of street frontage abutting the developed portion of said parcel.
C. Attached Signs in All Zones.
1. Attached signs shall have a maximum area of one square foot for each front foot of first floor building occupancy; provided that in no event shall the total area of attached signs visible by persons traveling on the freeway exceed two hundred (200) square feet for each occupancy.
2. Attached signs shall have a maximum height of twenty (20) feet measured from grade level.
3. Attached signs for office buildings shall be allowed as follows:
a. Materials, Construction and Design.
i. Signs may be constructed of solid metal individual letters, marble, granite, ceramic tile or other comparable materials.
Examples of acceptable metal materials are chrome, brass, stainless steel or fabricated sheet metal. Plastic or wood signs are specifically prohibited.
ii. Individual solid metal letters shall be applied to the building face with a nondistinguishable background. Letters shall be pegged-out from the building face at least one and one-half inches and be reverse pan channel construction in one of the following:
(A) Fabricated aluminum letters with a polished chrome plated finish in fourteen (14) gauge aluminum with three inch returns; or
(B) Fabricated polished brass letters with clear lacquer finish in fourteen (14) gauge brass plate with three inch returns; or (C) Fabricated sheet metal letters painted duranodic bronze #313 or semi-gloss enamel in fourteen (14) gauge sheet metal with three inch returns.
b. Number. One sign per building of freeway frontage above twenty (20) feet in height. If the building has multiple freeway frontage, the applicant/owner may select which building face on which to attach the sign. c. Illumination.
i. Letters may be internally illuminated to create a halo back-lighted effect or unilluminated. Internally illuminated letters shall be lighted with white neon tubing and thirty (30) milliamperes transformers. ii. Lighting shall not produce a glare on other properties in the vicinity and the source of light shall not be visible from adjacent property or a public street.
iii. Internally lit plastic signs are prohibited.
d. Location.
i. Signs must be attached to and parallel to a building face. A sign may not project above the wall on which it is located. ii. Signs may be located anywhere on face of building subject to subsection (C)(3)(d)(iii) of this section and may be oriented toward the freeway.
iii. A sign may be in the upper signage area.
e. Maximum Signage. A maximum area of one square foot for each front foot of first-floor building occupancy provided that in no event shall the total area of an attached sign exceed one hundred fifty (150) square feet. f. Review and Approval. Proposed signs shall be subject to review and approval by the planning director prior to issuance of building and/or sign permits. When deciding whether to approve a sign, the director: (a) shall consider all of the factors relating to the proposed sign and, based on the evidence submitted, make the findings set forth in subsections (E)(1) through (E)(8) of Section
15.148.1110 that apply to the sign; and (b) shall not consider the content or graphic design of messages other than to determine legality under federal or state law.
4. Attached signs for shopping centers shall be allowed as follows:
Signage for shopping center uses shall comply with subsections (C)(3)(d) and (C)(3)(e) of this section. For the purpose of this section "shopping center" shall be defined as a retail commercial business consisting of three or more retail tenants having shared parking facilities. In addition, the shopping center signage shall comply with the following standards:
a. Maximum Signage. Attached signs shall have a maximum area of one square foot for each front foot of first-floor building occupancy provided that in no event shall the total area of attached signs visible by persons traveling on the freeway exceed two hundred (200) square feet.
b. Number of Signs. One sign per building and no more than two signs per site to be located above twenty (20) feet in height. c. Prohibited Signs. No attached sign shall in any manner identify a specific product(s) to be sold on the site. Sign may consist of a company logo and/or a company name only.
d. Materials and Design. All attached signs shall be constructed in a manner which is compatible with the design and materials of the structure on which it is to be affixed.
e. Review and Approval. Proposed signs shall require a zoning administrator's conditional use permit pursuant to Chapter 17.808
of this code. (Ord. 2017-0044 § 5; Ord. 2016-0010 § 39; Ord. 2013-0021 § 71; prior code § 3.12.192)
15.148.870 Neighborhood signs.
In any zone, a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract sign provided a conditional use permit has been granted by the zoning administrator in accordance with Article XIV of this chapter. (Ord. 2016-0010 § 40; Ord. 2013-0021 § 72; prior code § 3.12.193)
15.148.885 Signs on multiple-family structures.
A. Application. This section applies only to multiple-family structures.
B. Classification of Multiple-Family Structures-Eligibility for Permits. In addition to the signs permitted under Article III of this chapter, and notwithstanding any provision in this chapter to the contrary, the following types of signs, in the number indicated, are authorized for multiple-family structures:
1. "Class-A Structures" have at least three but not more than fifty (50) living units and are eligible for a permit authorizing the following signs:
a. Up to twelve (12) helium-filled balloons;
b. One portable sign;
c. One banner.
2. "Class-B Structures" have at least fifty-one (51) but not more than one hundred (100) living units and are eligible for a permit authorizing the following signs:
a. Up to twenty-four (24) helium-filled balloons;
b. Up to two portable signs;
c. Up to two banners.
3. "Class-C Structures" have more than one hundred (100) living units and are eligible for a permit authorizing the following signs:
a. Up to thirty-six (36) helium-filled balloons;
b. Up to three portable signs;
c. Up to three banners.
C. Sign Regulations for Multiple-Family Structures.
1. Helium-filled balloons must meet the following criteria:
a. When inflated, each balloon must fit within a box that has a height, width, and depth of fifteen (15) inches (i.e., fifteen (15) inches by fifteen (15) inches by
fifteen (15) inches);
b. No Mylar balloons;
c. No internal illumination.
2. Each portable sign, including supports, must fit within a box with a height of not more than four feet, a width of not more than three feet, and a depth of not more than three feet. A-frame signs are portable signs.
3. Each banner must meet the following criteria:
a. Its height must be not more than four feet, and its width must be not more than twelve (12) feet; b. It must be securely mounted on a permanent structure that is integral to the multiple-family structure, and it must not flap or wave in the wind;
c. It must be composed of fire-retardant materials.
4. General.
a. Each person who desires to obtain a sign permit for a Class-A, Class-B, or Class-C Structure must submit an application to the city, using the approved form, and must pay any fees that the city council establishes by resolution to recoup the city's cost of issuing the permits, inspecting the signs after installation, and otherwise administering and enforcing this section. b. Each permit will be valid for one year from the date of issuance. c. If, while a permit is in effect, the permit holder has complied with this section, then the permit holder will be entitled to renew the permit for another year upon payment of the fee in effect at the time of renewal. Otherwise, a permit is not renewable. d. The permit holder shall place and maintain each sign so that the sign is not a hazard to vehicular or pedestrian traffic. e. The permit holder shall place and maintain each sign on the private property where the associated multiple-family structure is situated. Signs may not be placed in public rights-of-way. f. The permit holder shall maintain each sign in good repair. g. While a permit is in effect, the permit holder may repair or replace the associated signs without obtaining a new permit. h. The city may remove, without prior notice, any sign that does not comply with this section. If the city removes a non-compliant sign, then the city shall send the permit holder, by U.S. mail, a written notice identifying the reason for removal, the location where the permit holder may retrieve the sign, and the deadline for retrieval (which must be at least ten (10) days after the notice is deposited in the mail). The city may destroy any signs not retrieved by the deadline stated in the notice, and the permit holder will not be entitled to compensation for the value of signs so destroyed. (Ord. 2011-043 § 1)
15.148.900 Construction-site signs.
In any zone, one unlighted sign per development not to exceed thirty-two (32) square feet in area, may be placed on the lot or attached to the outside of a building during its construction period. (Ord. 2016-0010 § 43; prior code § 3.12.196)
15.148.910 Permanent window signs.
Except in the R and A zones, for each ground floor occupancy of a building not more than two permanent signs may be painted on or otherwise displayed from the inside surface of any window, showcase or other similar facility. Such signs shall be in addition to those signs allowed under the other provisions of this chapter. The total area of such signs, however, shall not exceed a maximum sign area of four square feet. (Ord. 2016-0010 § 44; prior code § 3.12.197)
15.148.920 Signs for large entertainment venues.
A. The following definitions apply in this section:
1. "Aerial-view sign" means a sign that meets both of the following criteria: it is on the roof of a building or structure, approximately parallel with the roof plane; and it is intended to be viewed from overhead.
2. "Digital display" means a sign face, building face, or any building or structural component that displays images through the use of grid lights, cathode-ray projections, light-emitting diodes (LEDs), plasma screens, liquid-crystal displays (LCDs), fiber optics, or other electronic media or functionally equivalent technology.
3. "Director" means the design director (defined in Section
17.108.050) or the preservation director (defined in Section
17.108.170),
as appropriate.
4. "Large entertainment venue" means a permanent building or structure that is used primarily for entertainment (including sporting, cultural, and performing arts events); is the primary use of the site; and has either:
a. A maximum occupant load determined by the chief building official to be at least 2,000 persons and fewer than 10,000 fixed permanent seats; or
b. 10,000 or more fixed permanent seats within a single auditorium, arena, or stadium.
5. "Primary user" means the person who has the right to use the largest portion of a large entertainment venue, measured in square feet of floor area.
6. "Secondary user" means the person who has the right to use the second largest portion of a large entertainment venue, measured in square feet of floor area.
7. "Suspended sign" means a double-face sign that hangs from a bracket or support attached underneath a building projection, eave, canopy, awning, or colonnade.
B. Large entertainment venues that fall within the parameters of subsection A.4.a above are allowed the following signage:
1. Digital Displays.
a. A digital display must be a permanently attached sign. b. One digital display is allowed on interior lots.
c. One digital display per street frontage is allowed on corner lots. d. Digital display signs are for primary users only. No digital signs are allowed for secondary users. e. The maximum display area is 150 square feet.
f. General advertising for hire is allowed.
g. No digital display may be located on a site within a historic district or on a site containing a landmark or contributing resource. h. If more than one digital display is allowed by this section, at least one of the digital displays must be located adjacent to the primary public entrance.
i. Digital displays must meet the following criteria:
i. A digital display may show only a series of still images, each displayed for at least eight seconds. The still images may not be animated (i.e., move or present the appearance of motion) and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination.
ii. Digital displays must use either an instant transition between still images or a fading transition with a transition time between still images of not less than one second and not more than two seconds. A digital display must not go blank during a transition. iii. The maximum pixel pitch of a digital display is 16 millimeters. iv. Digital displays must be equipped with a sensor or other device that automatically adjusts the brightness of the display according to changes in ambient lighting to comply with a brightness limitation of 0.3 foot-candles above ambient lighting. Digital displays must transition smoothly at a consistent rate from the allowed daytime brightness to the allowed nighttime brightness levels, beginning 45 minutes before sunset and ending 45 minutes after sunset. An automatic photometric sensor must be provided for automatic dimming. v. Upon the request of the chief building official or designee, the display owner, at the owner's expense, shall have a city-approved testing agency measure the brightness of a digital display as follows:
Step One. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is six feet above grade and 20 feet away from the plane of the display (determined by a line that is within six degrees of a line perpendicular to the plane of the display). If brightness so measured exceeds 450 candelas per square meter during the night or 7,500 candelas per square meter during the day, then the display's illumination must be adjusted so that it does not exceed 450 or 7,500 candelas, as applicable.
Step Two. Determine the "measurement distance" using the following formula (the "display area" in the radicand is the area of the display in square feet):
Step Three. Use the following formulas to calculate the display's maximum allowed brightness at night and during the day:
Nighttime Maximum Brightness
Bn = 180,000 ÷ D2
Bn = the maximum brightness allowed at night
D = the measurement distance calculated in Step Two
Daytime Maximum Brightness
Bd = 3,000,000 ÷ D2
Bd = the maximum brightness allowed during the day
D = the measurement distance calculated in Step Two
Step Four. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is six feet above grade and D feet away (i.e., the measurement distance calculated in Step Two) from the plane of the display as determined by a line that is within six degrees of a line perpendicular to the plane of the display. If a brightness so measured exceeds the applicable maximum brightness calculated in Step Three, then the display's illumination must be adjusted so that it does not exceed that maximum brightness.
j. The hours of operation for digital displays are from dawn to 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and from dawn to midnight on Friday and Saturday. k. Based on new or updated information or studies, the city council may amend the standards and other provisions in this section to mitigate effects on the visual environment or on residential properties or other sensitive receptors; to reduce driver distractions or other hazards to traffic; or to otherwise protect and promote the public health, safety, and welfare. The city council may apply the amended standards to existing signs and digital displays.
l. Digital displays are subject to approval by the director. As part of this process, the director shall consult with the chief building official on the design and operational elements of any digital display. When deciding whether to approve the drawings, the director: (i) shall consider all of the factors relating to the proposed digital display and, based on the evidence submitted, make the findings set forth in subsections (E)(1) through (E)(8) of section
15.148.1110 that apply to the digital display; and (ii) shall not consider the content or graphic design of messages other than to determine legality under federal or state law. A permit issued for a digital display under this subsection (B)(1)(h) expires 10 years after the date of issuance, and upon expiration of the permit the digital display must be removed unless a new permit has been obtained for the continued use of the digital display.
2. Aerial-View Signs.
a. One permanent aerial-view sign is allowed for the primary user. No aerial-view signs are allowed for the secondary user. b. An aerial-view sign may not project beyond the roof or parapet edge. c. A maximum of thirty (30) percent of roof surface area is allowed for signage. d. Light fixtures may not be mounted above, or extend above, roof-mounted structures or the parapet. The source of the light must not be visible from adjacent properties or from a public street or public sidewalk, and the sign lighting must not produce a glare on adjacent properties or on public streets or public sidewalks. An aerial-view sign may transition between colors with a transition time of not less than one second and with each color displayed for at least eight seconds, but it must not go blank during a transition and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. The hours of operation for illumination of aerial-view signs are from dawn to 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and from dawn to midnight on Friday and Saturday.
3. Attached Signs.
a. Four attached flat signs are allowed for the primary user. One attached flat sign is allowed for the secondary user. The face of an attached sign must be within ten (10) degrees of parallel to the face of the large entertainment venue to which it is attached. Individual attached signs may not be combined to create the effect of a single large attached sign. b. The maximum area of each attached sign is forty-five (45) square feet. c. The maximum vertical dimension of each attached sign is three feet.
4. Projecting Signs.
a. Two projecting signs are allowed for the primary user. One projecting sign is allowed for the secondary user. A projecting sign must be attached to the primary structure of the large entertainment venue and not attached to a cantilevered structure. Projecting signs must be at least one hundred fifty (150) feet apart (measured horizontally from the points of attachment to the large entertainment venue).
b. The area of each projecting sign for the primary user must not exceed two hundred (200) square feet. The area of the projecting sign for the secondary user must not exceed forty-five (45) square feet. c. The maximum vertical dimension of each projecting sign is thirty-five (35) feet. d. The maximum width of each projecting sign for the primary user is six feet. The maximum width of the projecting sign for the secondary user is three feet.
e. The minimum height of each projecting sign is ten (10) feet, measured from the bottom of the sign to the sidewalk or ground.
5. Suspended Signs.
a. The primary user is allowed three suspended signs. The secondary user is allowed one suspended sign. b. The maximum area of each suspended sign is sixteen (16) square feet. c. The maximum vertical dimension of each suspended sign is four feet. d. The minimum height of each suspended sign is eight feet, measured from the bottom of the sign to the sidewalk or ground.
6. Each sign or digital display must be integral in design to the architectural style of the large entertainment venue to which it is attached. The secondary user's signs must be consistent in materials and design with the primary user's signs.
C. Large entertainment venues with more than ten thousand (10,000) fixed permanent seats are allowed the following signage:
1. Large Digital Displays.
a. A digital display must be a permanently attached sign. b. Two digital displays are allowed for the primary user. No digital displays are allowed for secondary users. c. Digital displays must be at least one hundred fifty (150) feet apart (measured using the closest edges of the two digital displays) when on the same façade or street frontage.
c. The maximum display area is seven hundred (700) square feet. d. General advertising for hire is allowed.
e. Digital displays must meet the following criteria:
i. The images on a digital display may be animated (i.e., move or present the appearance of motion) and may use flashing, scintillating, blinking, or traveling lights or any other similar means of providing illumination. ii. If a digital display shows a series of still images, then each image must be displayed for at least eight seconds. Digital displays must use either an instant transition between still images or a fading transition with a transition time between still images of not less than one second and not more than two seconds. A digital display must not go blank during a transition. iii. The maximum pixel pitch of a digital display is sixteen (16) millimeters. iv. Digital displays must be equipped with a sensor or other device that automatically adjusts the brightness of the display according to changes in ambient lighting to comply with a brightness limitation of three-tenths foot-candle above ambient lighting. Digital displays must transition smoothly at a consistent rate from the allowed daytime brightness to the allowed nighttime brightness levels, beginning at forty-five (45) minutes before sunset and ending forty-five (45) minutes after sunset. An automatic photometric sensor must be provided for automatic dimming.
v. The maximum brightness of any digital display is four hundred fifty (450) candelas per square meter during the night and seven thousand five hundred (7,500) candelas per square meter during the day. The brightness of a digital display must be measured as follows, at the display owner's expense, by a testing agency approved by the chief building official or designee:
Step One. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is six feet above grade and twenty (20) feet away from the plane of the display (determined by a line that is within six degrees of a line perpendicular to the plane of the display).
Step Two. Use the following formula to determine the "measurement distance" (the "display area" in the radicand is the area of the display in square feet):
Step Three. Use the following formulas to calculate the display's equivalent maximum brightness during the day and at night:
Equivalent Maximum Nighttime Brightness
B
n
= 180,000 ÷ D
2 B
n
= the equivalent maximum nighttime brightness
D = the measurement distance calculated in Step Two
Equivalent Maximum Daytime Brightness
B
d
= 3,000,000 ÷ D
2 B
d
= the equivalent maximum daytime brightness
D = the measurement distance calculated in Step Two
Step Four. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is six feet above grade and D feet away (i.e., the measurement distance calculated in Step Two) from the plane of the display as determined by a line that is within six degrees of a line perpendicular to the plane of the display. If a brightness so measured exceeds the relevant equivalent maximum brightness calculated in Step Three, then the display's illumination must be adjusted so that it does not exceed that equivalent maximum brightness.
f. The hours of operation for digital displays are from dawn to midnight on Sunday, Monday, Tuesday, Wednesday, and Thursday and from dawn to 2:00 a.m. the following day on Friday and Saturday. g. Based on new or updated information or studies, the city council may amend the standards and other provisions set forth in this section in order to mitigate effects on the visual environment or on residential properties or other sensitive receptors; to reduce driver distractions or other hazards to traffic; or to otherwise protect and promote the public health, safety, and welfare. The city council may apply the amended standards to existing signs and digital displays. h. Digital displays are subject to approval by the director. As part of this process, the director shall consult with the chief building official on the design and operational elements of any digital display. When deciding whether to approve the drawings, the director: (i) shall consider all of the factors relating to the proposed digital display and, based on the evidence submitted, make the findings set forth in subsections (E)(1) through (E)(8) of Section
15.148.1110 that apply to the digital display; and (ii) shall not consider the content or graphic design of messages other than to determine legality under federal or state law. A permit issued for a digital display under this subsection (C)(1)(h) expires ten (10) years after the date of issuance, and upon expiration of the permit the digital display must be removed unless a new sign permit has been obtained for the continued use of the digital display.
2. Aerial-View Signs.
a. One permanent aerial-view sign is allowed for the primary user. No aerial-view signs are allowed for the secondary user. b. An aerial-view sign may not project beyond the roof or parapet edge. c. A maximum of thirty (30) percent of roof surface area is allowed for signage. d. Light fixtures may not be mounted more than five feet above, or extend more than five feet above, roof-mounted structures or the parapet. The sign lighting must not produce a glare on public streets or public sidewalks. An aerial-view sign may transition between colors with a transition time of not less than 1 second and with each color displayed for at least eight seconds, but it must not go blank during a transition and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination.
3. Attached Signs.15.148.920
a. Nine attached flat signs are allowed for the primary user. One attached flat sign is allowed for the secondary user. The face of an attached sign must be within ten (10) degrees of parallel to the face of the large entertainment venue. Individual attached signs may not be combined to create the effect of a single large attached sign. b. The maximum area of each sign is forty-five (45) square feet. c. The maximum vertical dimension of each sign is three feet.
4. Projecting Signs.
a. Three projecting signs are allowed for the primary user. One projecting sign is allowed for the secondary user. A projecting sign must be attached to the primary structure of the large entertainment venue and not attached to a cantilevered structure. Projecting signs must be at least three hundred (300) feet apart (measured horizontally from the points of attachment to the large entertainment venue). b. The area of each projecting sign for the primary user must not exceed four hundred (400) square feet. The area of the projecting sign for the secondary user must not exceed sixty (60) square feet. c. The maximum vertical dimension of each projecting sign is fifty-five (55) feet. d. The maximum width of each projecting sign for the primary user is eight feet. The maximum width of the projecting sign for the secondary user is four feet.
e. The minimum height for each projecting sign is ten (10) feet, measured from the bottom of the sign to the sidewalk or ground.
5. Suspended Signs.
a. The primary user is allowed five suspended signs. The secondary user is allowed one suspended sign. b. The maximum area of each suspended sign is sixteen (16) square feet. c. The maximum vertical dimension of each suspended sign is four feet. d. The minimum height of each suspended sign is eight feet, measured from the bottom of the sign to the sidewalk or ground.
6. Each sign or digital display must be integral in design to the architectural style of the large entertainment venue to which it is attached. The secondary user's signs must be consistent in materials and design with the primary user's signs. (Ord. 2024-0017 § 2; Ord. 2016-0017 § 1)
15.148.925 Digital signs in regional shopping centers.
A. The following definitions apply in this section:
"Digital display" means a sign face that displays images through the use of grid lights, cathode-ray projections, light-emitting diodes (LEDs), plasma screens, liquid-crystal displays (LCDs), fiber optics, or other electronic media or functionally equivalent technology. "Digital sign" means an on-site sign that uses digital displays. "Director" means the design director (defined in section
17.108.050) or the preservation director (defined in section
17.108.170), as
appropriate.
"Regional shopping center" means a permanent building or group of permanent buildings that is located on at least 50 contiguous acres, has at least 1,000,000 square feet of retail space, has shared on-site parking, and is managed as a single property.
B. In addition to signage otherwise allowed by chapter
15.148, and subject to the requirements of this section, a regional shopping center may have up to two digital signs. Each digital sign must have a sign permit issued in accordance with article II of this chapter.
C. Structural requirements.
1. The digital signs may be attached or detached signs.
2. The digital signs must be at least 300 feet apart (measured using the closest edges of the two digital signs) when on the same façade or street frontage.
3. Detached digital signs that are oriented perpendicularly to a public street may have two sides, with one digital display on each side.
4. The maximum display area for each digital display is 300 square feet.
5. The maximum height of each digital sign is 35 feet.
D. Operational requirements.
1. General advertising may not be displayed. For purposes of this section, "general advertising" excludes advertising for a business within the regional shopping center.
2. Each image on a digital display must be static. Images may not be animated (i.e., move or present the appearance of motion) and may not use flashing, scintillating, blinking, or traveling lights or any other similar means of illumination.
3. Each image on a digital display must appear for at least 8 seconds. Digital displays must use either an instant transition between images or a fading transition with a transition time between images of at least 1 second and not more than 2 seconds. A digital display must not go blank during a transition.
4. The maximum pixel pitch of a digital display is 16 millimeters.
5. Digital displays must be equipped with a sensor or other device that automatically adjusts the brightness of the display according to changes in ambient lighting to comply with a brightness limitation of 0.3 foot-candle above ambient lighting. Digital displays must transition smoothly at a consistent rate from the allowed daytime brightness to the allowed nighttime brightness levels, beginning at 45 minutes before sunset and ending 45 minutes after sunset. An automatic photometric sensor must be provided for automatic dimming.
6. The hours of operation for digital displays are from dawn to midnight on Sunday, Monday, Tuesday, Wednesday, and Thursday and from dawn to 2:00 a.m. the following day on Friday and Saturday.
7. The maximum brightness of any digital display is 450 candelas per square meter at night and 7,500 candelas per square meter during the day. The brightness of a digital display must be measured as follows, at the display owner's expense, by a testing agency approved by the chief building official or designee:
a. Step One. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is 6 feet above grade and 20 feet away from the plane of the display (determined by a line that is within 6 degrees of a line perpendicular to the plane of the display).
b. Step Two. Use the following formula to determine the "measurement distance" (the "display area" in the radicand is the area of the display in square feet):
c. Step Three. Use the following formulas, calculate the display's equivalent maximum brightness during the day and at night:
Nighttime Maximum Brightness
B
n
= 180,000 ÷ D
2 B
n
= equivalent maximum nighttime brightness
D = the measurement distance calculated in Step Two
Daytime Maximum Brightness
B
d
= 3,000,000 ÷ D
2 B
d
= equivalent maximum daytime brightness
D = the measurement distance calculated in Step Two
d. Step Four. Measure the display's brightness at night and during the day by focusing on the direct center of the display from a point that is 6 feet above grade and D feet away (i.e., the measurement distance calculated in Step Two) from the plane of the display as determined by a line that is within 6 degrees of a line perpendicular to the plane of the display. If a brightness so measured exceeds the relevant equivalent maximum brightness calculated in Step Three, then the display's illumination must be adjusted so that it does not exceed that equivalent maximum brightness.
E. Other requirements
1. The total number of permitted signs in a regional shopping center, including the digital signs authorized by this section, may not exceed the maximum number of permitted signs allowed for the regional shopping center under article III of this chapter.
2. Digital signs are subject to approval by the director. As part of this process, the director will consult with the chief building official on the design and operational elements of any digital signs. a. When deciding whether to approve the plans and specifications for a digital sign, the director i. shall consider all of the factors relating to the proposed digital sign and, based on the evidence submitted, make the findings set forth in subsections E.1 through E.8 of section
15.148.1110 that apply to the digital sign; and
ii. shall not consider the content or graphic design of messages to be displayed on the digital sign other than to determine legality under federal or state law.
b. A permit issued for a digital sign under this section expires 10 years after the date of issuance, and upon expiration of the permit the digital sign must be removed at the owner's expense unless a new sign permit has been obtained for the continued use of the digital sign.
3. When constructing, operating, improving, maintaining, repairing, and removing a digital sign and any structures to which it is attached, the owner of the digital sign must comply with all applicable federal, state, or local laws, including the federal Highway Beautification Act of 1965 (23 U.S.C. § 131), the California Outdoor Advertising Act ( Business and Professions Code
§ 5200 et seq.),
and this chapter.
4. Based on new or updated information or studies, the city council may amend the standards and other provisions set forth in this section to mitigate effects on the visual environment or on residential properties or other sensitive receptors; to reduce driver distractions or other hazards to traffic; or to otherwise protect and promote the public health, safety, and welfare. The city council may apply the amended standards to existing digital signs. (Ord. 2019-0013 § 1)15.148.925
15.148.930 Special sign districts.
The owners of sixty (60) percent or more of the street frontage, in feet, of properties on both sides of the street in any defined area may petition the planning and design commission for the creation of special sign district for the purpose of creating an integrated special sign theme in the area. The planning and design commission shall hold a public hearing on such a request after notifying all property owners, as shown on the last equalized assessment roll, between such intersecting streets by mail at least ten (10) days prior to the hearing. After such hearing the planning and design commission, if it deems it appropriate, shall make recommendations to the city council and the city council shall hold a hearing and give notice as provided in this section for the hearing held before the planning and design commission.
The city council may thereafter adopt an ordinance establishing a special sign district and setting forth the regulations applicable to such district. The city council may amend the ordinance establishing and setting forth the regulations applicable in the special sign district, provided that prior to such an amendment a notice of the proposed amendment has been published once in the official newspaper of the city not less than ten (10) days prior to the hearing on the adoption of the proposed amendment.
The city council may repeal the ordinance establishing and setting forth the regulations of the special sign district provided that prior to such repeal a notice has been given and a hearing has been held in accordance with the provisions of this section relating to the establishment of the special sign district. (Ord. 2012-004 § 38; prior code § 3.12.199)
15.148.940 Special sign districts-Proceeding initiated by planning and design commission.
As an alternative to the method of creating a special sign district provided in Section
15.148.930 of this chapter, the planning and
design commission may, on its own motion, conduct a public hearing on a proposed sign district and, at the conclusion of the hearing, may by a two-thirds vote of its members adopt a resolution stating its intent to recommend to the city council that a specific area of the city be designated as a special sign district. The planning and design commission shall notify all property owners within the boundaries of the proposed special sign district, as shown on the last equalized assessment roll, by mail at least ten days before the hearing. If such a resolution is so adopted, the city council may give notice and hold a hearing on the proposed sign district in accordance with the procedure provided by Section
15.148.930 of this chapter as if the owners of sixty (60) percent or more of the street frontage within the proposed district had petitioned the planning and design commission for the formation of the proposed district. (Ord. 2016-0010 § 46; Ord. 2012-004 § 39; prior code § 3.12.200)
15.148.950 Planned unit development signs.
In order to preserve the character of planned unit development (PUD), the development guidelines adopted for the PUD may specify a sign program that allows for signage that otherwise would be prohibited under this chapter, including, but not limited to, signs that would be prohibited by Section
15.148.1030 of this chapter; and to prohibit signage that otherwise would be allowed under this chapter. Where the development guidelines pertaining to signs do not address specific criteria, then the provisions of the sign ordinance will prevail. Any sign located within six hundred sixty (660) feet of a free-way or of a route for a freeway which has been adopted by the State Highway Commission must comply with requirements of the California Department of Transportation. (Prior code § 3.12.201)
15.148.960 Special planning district signs.
In order to preserve the character of special planning districts (SPD) the development guidelines adopted for the SPD may specify a sign program that allows for signage that otherwise would be prohibited under this chapter, or that prohibits signage that otherwise would be allowed under this chapter. Where the development guidelines pertaining to signs do not address specific criteria, then the provisions of the sign ordinance will prevail. Any sign located within six hundred sixty (660) feet of a freeway or of a route for a freeway which has been adopted by the State Highway Commission must comply with requirements of the California Department of Transportation. (Prior code § 3.12.202)
15.148.965 Agreements for digital billboards.
A. Definitions. As used in this section, "city-owned property" means real property the city owns in fee, and "city-leased property" means real property in which the city has a leasehold interest.
B. Relocation agreements. Notwithstanding anything to the contrary in this chapter (including section
15.148.640) or in any ordinance
not codified in this chapter (including Ordinance No. 2007-079), the city council may approve relocation agreements under section
15.148.815 that authorize the construction and operation of digital billboards on city-owned property adjacent to a freeway, subject to the common provisions in subsection D of this section and the following additional provisions:
1. Notwithstanding subsection F.3 of section
15.148.815, the city-owned property may be in any commercial zoning district or industrial zoning district.
2. Notwithstanding any provision to the contrary in section
15.148.815, an existing billboard that is removed and relocated under a relocation agreement that authorizes the construction and operation of a digital billboard may be either a legal conforming sign or a legal nonconforming sign.
C. Funding agreements. Notwithstanding anything to the contrary in this chapter (including section
15.148.640) or in any ordinance
not codified in this chapter (including Ordinance No. 2007-079), the city council may approve agreements that authorize the construction of digital billboards on city-owned or city-leased property adjacent to a freeway, subject to the common provisions in subsection D of this section and the following additional provisions:
1. The agreement may authorize the construction and operation of up to six digital billboards.
2. The owner of the digital billboard or billboards authorized by the agreement (or an affiliate of the owner) must agree, among other things, to the following:
a. To fund at least 40% of the costs to design and construct an indoor arena or outdoor stadium that is capable of hosting professional major-league sports and has permanent seating for at least 15,000 persons. b. At no cost to the city, to remove the digital billboard or billboards from the city-owned or city-leased property at the expiration of the agreement's term, which may not exceed 35 years, and to restore the property to its pre-agreement condition.
3. No more than six digital billboards may be authorized for each facility to which contributions are made under subsection C.2.a of this section.
4. The city council must find that the agreement will confer a substantial public benefit to the city and to the general public, identifying the benefit with reasonable specificity. In addition, the city council must find that each digital billboard identified in the agreement satisfies the following:
a. It complies with the purpose and requirements of this section and this chapter. b. It is compatible with the uses and structures on the city-owned or city-leased property and in the surrounding area, including parks, trails, and other public facilities and amenities. c. It will not interfere with on-site access, circulation, or visibility. d. It will not create a traffic or safety hazard.
e. It will not result in any undue or significant increase in visual clutter in the area surrounding the city-owned or city-leased property.
5. The city-owned or city-leased property must be in a commercial zoning district or an industrial zoning district.
D. Common provisions. All digital billboards authorized by this section are subject to the following provisions:
1. Each digital-display face must be oriented primarily for viewing from the adjacent freeway.
2. Notwithstanding anything to the contrary in this chapter, the maximum height of a digital-billboard structure, measured from grade to the top of the digital-display face, is 85 feet; and the overall maximum height, measured from grade to the top of the billboard structure, is 90 feet.
3. Notwithstanding anything to the contrary in this chapter, the maximum area of each digital-display face is 700 square feet, and a digital billboard may have either one or two digital-display faces.
4. A digital billboard may display only a series of still images, each of which is displayed for at least eight seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between still images may not exceed one second.
5. The owner of the digital billboard must comply with all applicable federal, state, or local laws when constructing, operating, improving, maintaining, repairing, and removing the digital billboard, including the Highway Beautification Act of 1965 (23 U.S.C. § 131), the Outdoor Advertising Act (Cal. Bus. & Prof. Code, § 5200 et seq.), the regulations promulgated to implement the Outdoor Advertising Act (4 Cal. Code Regs. § 2242(c) et seq.), and this chapter.
6. The city must comply with the California Environmental Quality Act (Cal. Pub. Resources Code, § 21000 et seq.) before approving an agreement that authorizes a digital billboard. (Ord. 2020-0028 § 1; Ord. 2014-0017 § 3) Article XII. Indemnification by Sign Hangers
15.148.970 Indemnification of city.
As a condition to the issuance of a business license as required under Chapter 3.08 of this code, all persons engaged in the business of hanging signs which involves, in whole or part, the erection, alteration, relocation, maintenance or other sign work in or over or immediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way or public property is used or encroached upon by the sign hanger in the sign work, shall agree to hold harmless and indemnify the city, its officers, agents, and employees, from any and all claims of negligence resulting from said erection, alteration, relocation, maintenance or other sign work. (Prior code § 3.13.210)
15.148.980 Liability insurance required.
As a condition to the issuance of a business license as required under Chapter 3.08 of this code, all sign hangers performing work described under Section
15.148.970 of this chapter shall obtain a commercial general liability insurance policy in the minimum amounts of one hundred thousand dollars ($100,000.00) for injury or death to any person in any one accident; three hundred thousand dollars ($300,000.00) for injury or death to two or more persons in any one accident; and fifty thousand dollars ($50,000.00) for injury or destruction of property in any one accident. Such sign hanger shall furnish the city with a certificate of insurance which shall name the city, its officers, agents, and employees as additional insureds under such policy. Such insurance shall be maintained in full force and effect during the term of the business license and said insurance policy or certificate shall provide that the city shall be notified of any cancellation of said insurance ten (10) days prior to the date of cancellation. (Prior code § 3.13.211) Article XIII. Variances
15.148.990 Generally.
When the strict application of the provisions of this chapter would result in unnecessary hardship or a result inconsistent with the general purposes of this chapter, a variance from the provisions of this chapter may be granted in accordance with the provisions of this chapter. (Ord. 2016-0010 § 47; prior code § 3.14.220)
15.148.1000 Variance powers-Construction codes advisory and appeals board.
The construction codes advisory and appeals board shall have authority only to grant variances from the provisions of Article V of this chapter, pertaining to sign specifications. (Prior code § 3.14.221)
15.148.1010 Variance powers-Planning and design commission.
The planning and design commission shall have authority to grant a variance from the provisions of this chapter, except those pertaining to sign specifications set forth in Article V of this chapter. (Ord. 2016-0010 § 48; Ord. 2012-004 § 40; prior code § 3.14.222)
15.148.1020 Variance powers-Zoning administrator.
The planning and design commission may by resolution, delegate authority to issue minor variances to the zoning administrator, other than variances from the regulations of Article V of this chapter, provided, however, that the applicant may appeal any decision of the zoning administrator to the planning and design commission as provided in Section
15.148.1120 of this chapter. The zoning administrator
may, at his or her discretion, schedule for hearing before the planning and design commission any application for a variance under his or her authority. (Ord. 2012-004 § 41; prior code § 3.14.223)
15.148.1030 Use variance.
No "use variance" shall be granted. A "use variance" is one which permits a particular type of sign to be located in a zone in which it is prohibited by this chapter. (Ord. 2016-0010 § 49; prior code § 3.14.224)
15.148.1040 Application-Evidence required to be shown.
Applications for a variance shall be written on forms prescribed by the planning and design commission or the construction codes advisory and appeals board and shall be accompanied by statements, plans and other relevant evidence. The zoning administrator when authorized, the planning and design commission or, in the case of variances from the provisions of Article V of this chapter, the construction codes advisory and appeals board, may grant a variance when the following is shown:
A. That exceptional or extraordinary circumstances or conditions apply to the case referred to in the application that do not apply generally in the same district and the enforcement of the regulations of this chapter would have an unduly harsh result upon the utilization of the subject property;
B. That the variance will not result in a special privilege to one individual property owner and that the variance would be appropriate for any property owner facing similar circumstances;
C. That the requested variance will not materially and adversely affect the health and safety of persons residing or working in the neighborhood, and will not be materially detrimental to the public welfare or injurious to property and improvements in the neighborhood. (Ord. 2016-0010 § 50; Ord. 2012-004 § 42; Ord. 2000-017 § 7; prior code § 3.14.225)
15.148.1050 Fee.
A fee as established in the city's fee and charge report shall be paid upon the filing of each application for a variance from the provisions of this chapter, except that no fee shall be required for a variance from the provisions of Article V of this chapter. (Ord. 2016- 0010 § 51; prior code § 3.14.226)
15.148.1060 Hearing.
A. A variance application shall be considered at a public hearing by the zoning administrator, planning and design commission, or the construction codes advisory and appeals board where variances from the provisions of Article V of this chapter are requested. The zoning administrator, planning and design commission or the construction codes advisory and appeals board may attach conditions to the granting of any variance when, in its judgment, such conditions are necessary or desirable to accomplish the purpose of this chapter.
The decision to grant or deny a variance or to impose conditions on a variance may not be based on the content of messages except to the extent needed to comply with federal or state law.
B. Except to the extent that the terms of this article conflict therewith the procedural requirements for any hearing before the zoning administrator, planning and design commission and city council required by the provisions of this article shall be governed by the provisions of
Chapter 17.812.
C. Written notice of the hearing shall be given as specified in Chapter 17.812 of this code. (Ord. 2016-0010 § 52; Ord. 2013-0021 § 74; Ord. 2012-004 § 43; prior code § 3.14.227)
Article XIV. Conditional Use Permits
15.148.1070 Authority for conditional use permits.
Where a conditional use permit is authorized or required by this chapter, such permit may be granted at the discretion of the planning and design commission. It is not an automatic right of any applicant. The commission shall consider all the factors relating to the proposed sign and whether such sign will adversely affect the public health, safety and welfare and whether the application complies with the statements contained in Section
15.148.010 relating to the purpose of this chapter. (Ord. 2016-0010 § 53; Ord. 2013-0021 § 75; Ord. 2012-004 § 44; prior code § 3.15.230)
15.148.1080 Delegation to zoning administrator.
The planning and design commission, by resolution, may delegate its authority to issue conditional use permits for signs to the zoning administrator; provided however, that the applicant may appeal any decision of the zoning administrator to the planning and design commission as provided in Section
15.148.1120 of this chapter.
The zoning administrator may at his or her discretion, schedule for hearing by the planning and design commission any application for conditional use permit under his or her authority. (Ord. 2013-0021 § 76; Ord. 2012-004 § 45; prior code § 3.15.231)
15.148.1090 Application.
Application for a conditional use permit for a sign shall be made on forms prescribed by the planning and design commission and shall be accompanied by statements, plans and other related material as may be deemed necessary to carry out the intent and purpose of this chapter. (Ord. 2013-0021 § 77; Ord. 2012-004 § 46; prior code § 3.15.232)
15.148.1100 Fee.
Whenever a public hearing by the planning and design commission or zoning administrator is required for a conditional use permit, there shall be a filing fee as established in the city fee and charge report to be paid at the time the application is filed. (Ord. 2013-0021 § 78; Ord. 2012-004 § 47; prior code § 3.15.233)
15.148.1110 Hearing.
A. A conditional use permit application shall be considered at a public hearing by the zoning administrator or planning and design commission. The zoning administrator or planning and design commission may attach conditions to the granting of any conditional use permit when in its judgment, such conditions are necessary or desirable to accomplish the purpose of this chapter.
B. Except to the extent that the terms of this chapter conflict therewith the procedural requirements for any hearing before the zoning administrator, planning and design commission and city council required by the provisions of this chapter shall be governed by the provisions of
Chapter 17.812.
C. Written notice of the hearing shall be given as specified in Chapter 17.812.
D. The decision to grant or deny a conditional use permit or to impose conditions on a conditional use permit may not be based on the content of messages except to the extent needed to determine legality under federal or state law.
E. Before granting a conditional use permit, the zoning administrator or the planning and design commission shall consider all of the factors relating to the proposed sign and, based on the evidence submitted, make the following findings, as applicable:
1. The proposed sign will not produce adverse spillover effects (glare, flashing, etc.) on other nearby land uses.
2. The sign is architecturally compatible, in terms of comparative scale and scope, with building heights in the existing neighborhood.
3. The sign does not impose a foreign or inharmonious element to the existing skyline.
4. The location and placement of the sign will not endanger motorists or pedestrians.
5. The sign will not materially obstruct any prominent view of a structure or facade of historical or architectural significance.
6. The sign will not materially obstruct views of users of adjacent buildings to side yards, front yards, or open space.
7. The sign will not adversely affect the visual quality of a public open space as a public recreation facility, square, plaza, courtyard, or other similar use.
8. The sign's lighting will not cause hazardous or unsafe driving conditions for motorists. (Ord. 2016-0010 § 54; Ord. 2013-0021 § 79; Ord. 2012-004 § 48; prior code § 3.15.234)
Article XV. Appeals
15.148.1120 Appeals from decision of planning director.
A. Any person aggrieved or dissatisfied with the action of the zoning administrator on a request for a variance, conditional use permit, or other action resulting from the administration of this chapter may appeal therefrom the planning and design commission within ten days after a decision has been made by the zoning administrator.
B. The appeal shall be taken by filing a written notice of appeal with the zoning administrator and payment of a fee as established by the city fee and charge report.
C. Upon the filing of a notice of appeal, the zoning administrator shall, within ten days, transmit to the secretary of the planning and design commission all exhibits and other papers and documents on file with the zoning administrator. The planning and design commission shall hold a hearing on the appeal and may affirm, modify or reverse the action or decision of the zoning administrator. (Ord. 2013-0021 § 80; Ord. 2012-004 § 49; prior code § 3.16.240)
15.148.1130 Appeals from decision of planning and design commission.
A. Any person aggrieved or dissatisfied with any action of the planning and design commission on a variance, conditional use permit or any other planning and design commission action or permit under this chapter, may appeal therefrom to the city council at any time within ten days after rendition of the decision of the planning and design commission; provided that, except as otherwise expressly allowed herein, no appeal of a planning and design commission decision on an appeal of a zoning administrator's decision shall be allowed.
B. The appeal shall be taken by filing a notice of appeal with the planning director. Upon the filing of a notice of appeal and payment of a filing fee as established by the city fee and charge report, the planning director shall, within ten days therefrom transmit to the city clerk all exhibits and other papers and documents on file with the planning and design commission, together with any findings of the commission.
The city council shall hold a hearing on the appeal and may affirm, modify or reverse the action of the planning and design commission. (Ord. 2013-0021 § 81; Ord. 2012-004 § 50; prior code § 3.16.241)
15.148.1140 Appeals from decision of construction codes advisory and appeals board.
Appeals from any decision of the construction codes advisory appeals board under this chapter shall be taken in the manner provided by
Chapter 1.24 of this code. (Prior code § 3.16.242)
15.148.1150 Hearing procedure.
To the extent that the provisions of this chapter are not inconsistent therewith, the procedural requirements of Chapter 17.812 of this
code govern any hearing required by this chapter. When deciding to affirm, modify, or reverse the action or decision appealed, the planning director, the planning and design commission, and the city council shall not consider the content or graphic design of messages other than to determine legality under federal or state law. (Ord. 2016-0010 § 55; Ord. 2013-0021 § 82; prior code § 3.16.244) Article XVI. Enforcement
15.148.1160 Violation of chapter a public nuisance-Infraction.
In the event any person should erect, alter, relocate, or maintain a sign in violation of the provisions of this chapter, the same is declared a public nuisance and the city attorney is authorized to bring and prosecute an action in court of competent jurisdiction to enjoin such person from continuing such violation. Any person violating the provisions of this chapter is guilty of an infraction. (Prior code §
3.17.245)
Article XVII. Definitions
15.148.1170 Generally.
The following words and phrases when used in this chapter shall be construed as defined in this section:
"Animated sign" means a sign that is designed and constructed (a) to display a message through a sequence of progressive changes of parts, lights, or degrees of lighting; or (b) to incorporate physical motion. "Architectural projection" means a marquee, porch, canopy or other similar architectural projection. "Attached sign" means any sign which is fastened, attached, connected or supported in whole or in part by a building, or structure other than a sign structure which is supported wholly by the ground. "Billboard" means a permanent sign structure that is in a fixed location and is used, in whole or part, for general advertising for hire. "Business day" means any day the city's offices located at 300 Richards Boulevard, Sacramento, California, are open to the public. "Channel letters" means multi-dimensional, individually cut letters, numbers, figures, or logos that are affixed to a building or structure. "Detached sign" means any sign not supported in whole or in part by a building, or structure other than by a sign structure which is supported wholly by the ground.
"Digital billboard" means a billboard or other off-site sign that uses digital-display technology. "Digital kiosk" means a fixed, free-standing structure that uses digital display technology to convey information to the public. "Directly illuminated sign" means any sign designed to provide artificial light directly or through transparent or translucent material from a source of light within or on such sign, including, but not limited to, neon and incandescent lamp signs. "Display area" means the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition that forms an integral part of the display and is used to differentiate the sign from the wall or background against which it is placed, excluding the necessary supports or uprights on which the sign is placed.
Where a sign has two or more display faces, the area of all faces will be included in determining the area of the sign, except that only one face of a double-faced sign will be considered in determining the display area, provided that both faces are parallel and the distance between faces does not exceed two feet. Further, where a sign consists only of individual letters, numerals, symbols, or other similar components and is painted on or attached flat against the wall of a building, and where the individual components are without integrated background definition and are not within a circumscribed frame area, the total area of the sign will be the sum of the areas of the squares or rectangles surrounding each individual sign component. "Establishment" means any legal use of land, other than long-term residential uses, that involves the use of structures subject to the Sacramento City Building Code. Examples of an "establishment" are businesses, factories, farms, churches, schools, hospitals, hotels, motels, offices, and libraries, but "establishment" does not include single-family homes, mobile homes, residential apartments, residential-care facilities, or residential condominiums. A multi-unit housing development is an "establishment" while under construction, but an individual unit within such a development is not an "establishment" after a certificate of occupancy has been issued or a full-time residency begins.
"Flashing sign" means an illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.
"Freeway" means a highway, in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which such owners have only a limited or restricted right or easement of access, the precise route for which has been determined and designated as a freeway by an authorized agency of the state or a political subdivision thereof. The term includes the main traveled portion of the traffic way, all land situated within the right-of-way, and all ramps and appurtenant land and structures.
"Front footage of building occupancy" means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location.
"General advertising" and "general advertising for hire" mean the displaying of messages that advertise or promote the establishments, activities, or causes of others, typically for a fee or other consideration. "Height of sign" means the vertical distance measured from the adjacent street grade or upper surface of the nearest curb of a street other than an elevated roadway, whichever permits the greatest height, to the highest point of such sign. "Indirectly illuminated sign" means a sign whose illumination is derived entirely from an external artificial source which is arranged so that no direct rays of light are projected from such artificial source into residences or streets. "Landscaped freeway" means a section or sections of a freeway which is now, or hereafter may be, improved by the planting of at least one side of the freeway right-of-way with lawns, trees, shrubs, flowers or other ornamental vegetation which shall require reasonable maintenance.
"Mixed-use building" means two or more different uses as identified in Title 17, with at least two uses each occupying a minimum of 30% of the gross floor area of the building.
"Monument sign" means a sign which is erected with its base on the ground or on a support substantially equivalent in width and depth to the base of the sign; which incorporates into its design the design and building materials of the building and structures on the same premises that the sign serves, and which does not exceed twelve feet in height. "Moving sign" means any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic, or kinetic means, including intermittent electrical pulsations, or by actions of wind currents.
"Multiple family structure" means any residential structure containing three or more living units. "Nonconforming sign" means an existing sign legally existing at the time of the effective date of the ordinance codified in this chapter which does not conform to the provisions of this chapter. "Occupancy" means a separate use of property carried on at all or a portion of a building parcel. "Off-site sign" means any sign that: (a) is used to display messages other than general advertising for hire; and (b) is not located on the premises of the message sponsor.
"Old City" means that area of the city of Sacramento bounded by the Southern Pacific main line railroad levee on the north, the Sacramento River on the west, Broadway on the south, and Alhambra Boulevard on the east. The Old City shall also include all parcels of property abutting on the east boundary of Alhambra Boulevard and the south boundary of Broadway. "On-site sign" means a sign that: (a) directs attention to an establishment or activity conducted on, or to a product, service, or entertainment sold or offered on, the same premises as those upon which the sign is maintained; and (b) does not display general advertising for hire.
"Parcel" means a parcel of land shown on a subdivision map, record of survey map, parcel map, or a parcel described by metes and bounds which constitutes one development site whether composed of a single unit of land or contiguous units under common ownership. "Portable sign" means any sign not permanently affixed to the ground or a structure on the premises it is intended to occupy. "Projecting sign" means any sign which is located, in whole or in part, in or over the right-of-way of any street, sidewalk, or alley, or other public thoroughfare. A projecting sign shall also include any sign affixed to or part of a marquee, canopy, or vestibule where such sign is located in or over the street right-of-way.
"Roof sign" means any sign or portion thereof located on, or extending over the roof of a building and either supported by the roof or by an independent structural frame. A sign which is attached flat against the wall of a penthouse or other similar roof structure which is part of the enclosed floor area of the building shall not be considered a roof sign. "Rotating sign" means any sign or portion thereof which physically revolves about an axis. "R zone" means an R-1, R-1A, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-5, RMX, and RO zone as defined in the Planning and Development Code.
"Setback area" means the open space area defined in the Planning and Development Code under the term yard, and, where applicable, includes the definitions of yard, rear; yard, front; and yard, side; as defined. "Sign" means any visually communicative image placed on public display and visible from the exterior of any portion of the public right- of-way or other place that is open to passage by the public. It includes every advertising message, announcement, declaration, demonstration, display, projected image, illustration, insignia, surface, statue, object, or space erected or maintained in view of the observer for identification, advertisement, or promotion of the interests of any person, entity, product, or service. "Street frontage" means the length of a lot or parcel of land along or fronting on a street or other principal thoroughfare but not including such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Swinging sign" means a sign that is supported by cables against movement due to wind in such a way that, in the event of an emergency such cables may be cut, and the sign swung back against the building and in such a position will continue to be supported by the building with no danger of falling.
"Tower" means the portion of a building that is above the building base (as defined in section 3, Central Core Design Guidelines, in the Central City Urban Design Guidelines adopted by Sacramento City Council Resolution No. 2009-315) and below the upper signage area. "Unilluminated sign" means a sign not illuminated either directly or indirectly. "Upper signage area" means the portion of a building bounded by the top of the windows of the tallest floor, the building parapet line, and the two vertical edges of the building face on which the signage is attached. "Wind sign" means any sign or portion thereof or series of signs, banners, flags or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze. (Ord. 2023-0026 § 3; Ord. 2019-0035 § 4; Ord. 2017-0044 § 6; Ord. 2016-0010 § 56; Ord. 2013-0025 § 8; Ord. 2013-0021 § 83; Ord. 2010-011 § 4; prior code § 3.18.250) 915 I Street, Sacramento, CA 95814 • [email protected] • (916) 808-7200
Council Rules of Procedure
Resolution No. 2025-0075 Adopted on March 25, 2025
City of Sacramento Council Rules of Procedure Page 2 of 58 Table of Contents
Chapter 1 – Authority/Administration ........................................................................................................ 5 A. General Authorities and Applicability ......................................................................................... 5 B. General Administration .................................................................................................................. 5 C. Amendment ....................................................................................................................................... 5 D. Suspension ......................................................................................................................................... 5 E. Rosenberg’s Rules of Order .......................................................................................................... 6 Chapter 2 – Duties ........................................................................................................................................... 7 A. Duties of Members and Staff ......................................................................................................... 7 B. Duties of Mayor and Vice Mayor ................................................................................................. 7 Chapter 3 – Conduct of Members ............................................................................................................... 8 A. Norms and Expectations ................................................................................................................ 8 B. General Conduct ............................................................................................................................. 8 C. Conduct with Members .................................................................................................................. 9 D. Conduct with City Manager and Staff ...................................................................................... 10 E. Conduct with the Public .............................................................................................................. 11 F. Conduct with Other Agencies ................................................................................................... 11 G. Conduct with Boards and Commissions ................................................................................. 11 H. Conduct with the Media .............................................................................................................. 12 I. Ethical Conduct ............................................................................................................................. 12 Chapter 4 – Conduct of City Staff ............................................................................................................. 13 A. General Conduct .......................................................................................................................... 13 Chapter 5 – Conduct of the Public ........................................................................................................... 14 A. General Conduct .......................................................................................................................... 14 B. Addressing the City Council ...................................................................................................... 16 C. Electronic Devices ........................................................................................................................ 18 D. Location of Speaker ...................................................................................................................... 18 Chapter 6 – Meeting Types and Schedules .............................................................................................. 19 A. R
egular Meetings ........................................................................................................................... 19 B. Adjourned Meetings ..................................................................................................................... 19 C. Special Meetings ............................................................................................................................ 19 D. City Council Emergency Meetings ............................................................................................ 19 E. Closed Sessions ............................................................................................................................. 20 F. Public Hearings .............................................................................................................................. 21 G. Teleconference Meetings ............................................................................................................ 22 City of Sacramento Council Rules of Procedure Page 3 of 58 H. Televised Meetings ........................................................................................................................ 22 Chapter 7 – Meeting Agendas .................................................................................................................... 23 A. Requirements for Agenda Item Submission ............................................................................ 23 B. Declaration of Policy .................................................................................................................... 23 C. Procedures for Submission of Reports .................................................................................... 24 D. Written Communications from the City and the Public ..................................................... 24 E. Preparation of the Agenda Packet ............................................................................................. 25 F. Distribution of the Packet ........................................................................................................... 25 G. Posting of Agenda ......................................................................................................................... 25 H. Failure to Meet Agenda Deadlines ............................................................................................ 26 I. Exceptions to the Agenda Requirement .................................................................................. 26 J. Order of Business and Types of Agenda Items ...................................................................... 26 K. Ordinances and Non-Binding Resolutions .............................................................................. 27 L. Ceremonial City Council Resolutions ...................................................................................... 29 Chapter 8 – Conduct of Meeting ............................................................................................................... 30 A. Call to Order – Presiding Officer ............................................................................................. 30 B. Roll Call/Attendance .................................................................................................................... 30 C. Order of Discussion ..................................................................................................................... 31 D. Quorum Call .................................................................................................................................. 33 E. Obtaining the Floor ...................................................................................................................... 33 F. Motions ........................................................................................................................................... 34 G. Voting ............................................................................................................................................... 35 Chapter 9 – Council Vacancies .................................................................................................................. 37 A. Procedures ..................................................................................................................................... 37 Chapter 10 - Facilities ................................................................................................................................... 38 A. Meeting Locations ......................................................................................................................... 38 B. Meeting Capacity ........................................................................................................................... 38 Chapter 11 - City Council Committees and Regional Organizations ............................................... 39 A. General ............................................................................................................................................ 39 B. Council Standing Committees .................................................................................................... 39 C. Council Ad Hoc Committees .................................................................................................... 40 D. Regional Organizations ................................................................................................................ 41 Chapter 12 – Councilmember Proposal Requests ................................................................................ 42 A. General ............................................................................................................................................ 42 B. Procedures ..................................................................................................................................... 42 City of Sacramento Council Rules of Procedure Page 4 of 58 C. Councilmember Proposal Request Flowchart (following page) ......................................... 43 Chapter 13 – Law and Legislation Committee ....................................................................................... 45 A. Authority; Purposes...................................................................................................................... 45 B. Procedures ..................................................................................................................................... 45 C. Requirements for Agenda Item Submission ............................................................................ 47 Chapter 14 – Personnel and Public Employees Committee ................................................................ 48 A. Purposes .......................................................................................................................................... 48 B. Procedures ..................................................................................................................................... 48 C. Requirements for Agenda Item Submission ............................................................................ 48 Chapter 15 – Budget and Audit Committee ........................................................................................... 49 A. Purposes .......................................................................................................................................... 49 B. Procedures ..................................................................................................................................... 49 C. Requirements for Agenda Item Submission ............................................................................ 50 Chapter 16 – Racial Equity Committee .................................................................................................... 51 A. Purposes .......................................................................................................................................... 51 B. Procedures ..................................................................................................................................... 51 C. Requirements for Agenda Item Submission ............................................................................ 51 Chapter 17 – City Advisory Bodies........................................................................................................... 52 A. Vacancies and Appointments ...................................................................................................... 52 B. Requests for Future Agenda Items ........................................................................................... 53 C. Advisory Body Reports................................................................................................................ 53 Chapter 18 – Annual Review of City Council Appointive Officers ................................................... 55 A. Purposes .......................................................................................................................................... 55 B. Procedures ..................................................................................................................................... 55 Glossary ........................................................................................................................................................... 57
City of Sacramento Council Rules of Procedure Page 5 of 58 Chapter 1 – Authority/Administration
A. General Authorities and Applicability
1. The Charter of the City of Sacramento provides that the city council shall determine its own rules and order of business (Sacramento City Charter, § 30). These Council Rules of Procedure (“Rules”) apply when not in conflict with the Charter of the City of Sacramento, Sacramento City Code, the Constitution, or laws of the State of California, including the Ralph M. Brown Act (Government Code, § 54950 et seq). (Brown Act). Until such time as they are amended or new rules are adopted by resolution, these Rules govern the order and conduct of business of the city council, legislative bodies that meet concurrently with the council, council committees, and council-established boards, commissions, and committees (collectively, “legislative bodies”).
2. These rules are applicable to council-established boards, commissions, and committees, as well as to the persons sitting on those boards, commissions, and committees. Those council-established boards, commissions, and committees that are authorized to adopt rules of procedure shall adopt rules that are consistent with these Rules and may not be in conflict with the Charter of the City of Sacramento, Sacramento City Code, the Constitution, or laws of the State of California.
3. In the absence of council-adopted administrative policies, council staff shall abide by the administrative policies approved by all charter officers.
B. General Administration
1. The council shall review and revise these Rules annually, or as needed.
2. During council discussions, deliberations, and proceedings, the presiding officer has the primary responsibility to ensure that the council, staff, and members of the public adhere to these Rules.
3. Any member who thinks the Rules are being violated may make a “point of order” to call for the presiding officer to enforce the Rules.
C. Amendment
Any rule may be adopted, altered, amended, or repealed by resolution at any time by a majority vote of the council, provided that at least a 120-hour notice of such proposed rule change is given to the councilmembers.
D. Suspension
1. Any rule may be temporarily suspended by a two-thirds vote of all councilmembers present, being not less than five votes.
City of Sacramento Council Rules of Procedure Page 6 of 58 E. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century s hall apply.
City of Sacramento Council Rules of Procedure Page 7 of 58 Chapter 2 – Duties
A. Duties of Members and Staff
1. Members and city staff shall conduct the business of the City of Sacramento:
a. Recognizing that stewardship of the public interest is of primary concern; b. Working for the common good of the people of Sacramento; and c. Assuring fair and equal treatment of all persons, claims, and transactions coming before the council, council committees, and council-established boards, commissions, and committees.
B. Duties of Mayor and Vice Mayor
1. The mayor is:
a. The presiding officer of the city and of all meetings of the council; b. The official head of the city for performance of duties lawfully delegated to the mayor by the charter;
c. Referred to as “chair” or “chairperson” when acting as presiding officer of legislative body meetings other than the council;
d. Considered a member of the council;
e. Entitled to make and second motions on matters before the council and vote on actions, but possesses no veto power over actions of the council; f. The primary, but not the only, person responsible for interpreting the policies, programs, and needs of city government to the people; and for informing the people of any major change in policies or programs; and g. Empowered, but not exclusively empowered, to make recommendations to the council on all policies and programs that require council decisions; and to perform such other duties as prescribed by the charter.
2. The vice mayor and mayor pro tem shall be elected annually from among the members of the council, other than the mayor, by a majority vote at the council’s first meeting in January.
a. In the absence of the mayor from the city or a council meeting, the vice mayor shall possess all powers of the office of the mayor and be subject to all prescribed duties for that office.
b. In the absence of the mayor and vice mayor from the city or a council meeting, the mayor pro tem shall possess all powers of the office of the mayor and be subject to all prescribed duties for that office.
City of Sacramento Council Rules of Procedure Page 8 of 58 Chapter 3 – Conduct of Members
A. Norms and Expectations
1. Members shall:
a. Put constituents first at all times;
b. Treat each other, staff, and members of the public with dignity, courtesy, and respect;
c. Value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation;
d. Follow through on commitments and be accountable to each other; e. Clarify when items are discussed in confidence and maintain appropriate confidentiality;
f. Be attentive to others, limiting interruptions and distractions; g. Encourage dissent in debate while being mindful not to prolong discourse or block consensus;
h. Be candid with each other about ideas and feelings, and resolve conflicts directly; i. Keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves;
j. Continuously strive to improve how members work as a team; k. Place clear and realistic demands on staff resources and time when requesting action;
l. Start and end meetings on time, work from an agenda, and be present, attentive, and prepared;
m. Present problems in a way that promotes discussion and resolution; and n. Continually work to build trust in each other.
B. General Conduct
1. Members shall:
a. Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
b. Be fair, impartial, and unbiased when voting on quasi-judicial actions; City of Sacramento Council Rules of Procedure Page 9 of 58 c. Use the speaker sequencing system to inform the presiding officer of their wish to speak and wait to be acknowledged by the presiding officer before speaking, and abide the following for orderly and courteous discussion:
(i) Members should permit the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate the discussion, while fully participating in the process; (ii) The presiding officer may give preferential speaking order to the councilmember who represents the district of the agenda item; (iii) In the interest of time, the presiding officer may limit the time allotted to speakers, including members of the body;
(iv) Members are encouraged to hear comments from other members prior to speaking a second time; and
(v) It is usual courtesy for the presiding officer to play a less active role in the debate and discussion and to make a summary or final comments on any item.
d. Move to require the presiding officer to enforce this chapter, and the presiding officer shall do so upon an affirmative vote of a majority of the members present; e. Preserve order and decorum during the meeting;
f. Not delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking, by conversation or otherwise, nor disobey the orders of the council, or the presiding officer, except as otherwise herein provided;
g. Abide by the Confidential Information Policy (Resolution No. 2010-0108) prohibiting disclosure of confidential communications and authorizing public censure for failure to comply with the policy;
h. Support the laws established by the council; and
i. Abide by this chapter in conducting the business of the City of Sacramento.
C. Conduct with Members
1. Members shall:
a. Value each other’s time;
b. Attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail, and the majority shall show respect for the opinion of the minority;
City of Sacramento Council Rules of Procedure Page 10 of 58 c. Have the right to dissent from, protest, or comment upon any action of the council;
d. Respect each other’s opportunity to speak and, if necessary, agree to disagree; e. Avoid offensive negative comments and practice civility and decorum during discussions and debate; and
f. Assist the presiding officer’s exercise of the affirmative duty to maintain order.
D. Conduct with City Manager and Staff
1. Members of the city council shall:
a. Speak to the city manager directly on issues and concerns; b. Direct the city manager to implement council’s policy decisions through the administrative functions of the city;
c. Treat staff professionally and refrain from publicly criticizing individual employees;
d. Avoid involvement in personnel issues except during council closed sessions regarding council-appointed staff, including but not limited to the city attorney, city auditor, city clerk, city manager, city treasurer, or director of the office of public safety accountability;
e. Discuss directly with the city attorney, city auditor, city clerk, city manager, city treasurer, or director of the office of public safety accountability as appropriate, any displeasure with their department or staff; and
f. Request answers to questions on council agenda items from the city attorney, city auditor, city clerk, city manager, city treasurer, or director of the office of public safety accountability, department directors, or division managers prior to the meeting whenever possible.
2. General Direction
a. Council requests that deal with policy issues and council requests that may be construed as direction must be directed to the city manager, except for general inquiries or questions, in which case the council may go to the department directors or key staff in the City Manager's Office. Members may also deal directly with the city attorney, city clerk, city treasurer, city auditor, or other staff appointed by the council.
City of Sacramento Council Rules of Procedure Page 11 of 58 E. Conduct with the Public
1. Members shall:
a. Make the public feel welcome;
b. Be impartial, respectful, and without prejudice toward the public; c. Listen courteously and attentively to public comment; d. Not argue back and forth with members of the public; and e. Make no promises to the public on behalf of the legislative body.
F. Conduct with Other Agencies
1. Members shall:
a. Project a positive image of the city when dealing with other agencies; b. Show tolerance and respect for other agencies’ opinions and issues and, if necessary, agree to disagree;
c. Represent official policies or positions of the council when designated as delegates of a legislative body;
d. Explicitly state when their opinions and positions do not represent the legislative body when representing their individual opinions and positions, and not allow the inference that they do (see also Rule 13.A.1.c); and e. Have the ability to lobby or discuss issues that have been adopted by legislative bodies or are standing policies of the legislative bodies with other legislators, government officials, applicants, or other interested persons.
G. Conduct with Boards and Commissions
1. Councilmembers shall:
a. Treat all members of boards, commissions, and committees with appreciation and respect; and
b. Refrain from participation at board, commission, and committee meetings with the purpose of influencing the outcome of those meetings.
2. Rule 3.G.1.b does not apply to the Compensation Commission, Sacramento Ethics Commission, or Independent Redistricting Commission.
City of Sacramento Council Rules of Procedure Page 12 of 58 H. Conduct with the Media
1. Members shall not discuss – or go "off the record" with the media to discuss – confidential or privileged information pertaining to closed sessions, or attorney- client privileged or attorney work product communications, including personnel, litigation, or real property negotiations.
2. Providing non-confidential, non-privileged background information is acceptable.
I. Ethical Conduct
1. Members shall conduct themselves in accordance with the Sacramento City Code of Ethics (Sacramento City Code § 4.02) including but not limited to:
a. Members shall comply with the citywide nepotism policy adopted or approved by city council resolution.
b. Members shall comply with the citywide whistleblower protection policy adopted or approved by city council resolution.
c. Members shall receive ethics training material, as required by Assembly Bill 1234 within 30 days of taking office and at least every two years. d. Members shall receive sexual harassment training material, as required by Assembly Bills 1825 and 1661 within 30 days of taking office and at least every two years.
e. Members shall follow the Political Reform Act and Fair Political Practices Commission regulations.
f. Members shall conduct themselves in accordance with such policies and training.
City of Sacramento Council Rules of Procedure Page 13 of 58 Chapter 4 – Conduct of City Staff
A. General Conduct
1. Staff shall:
a. Prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule; b. Be available for questions from members in accordance with the Brown Act prior to and during meetings;
c. Respond to questions from the public during meetings only when requested to do so by members or the city manager;
d. Refrain from arguing with the public or members; and e. Switch electronic equipment such as cellular telephones to silent or off mode during council meetings.
2. Staff shall remain objective on issues and not be advocates for issues unless so directed by the legislative body.
3. To the extent permitted by the Brown Act, the city manager and staff shall, as soon as possible, inform the mayor and members representing the districts affected of controversial, significant-impact issues that are coming before the legislative body.
4. The city manager shall advise management staff of potentially political or controversial issues coming before the legislative body and direct staff to be present and appropriately prepared.
5. The city manager shall make available an informational briefing for members’ staff for items affecting the city and items on, or potentially on, the council agenda. Briefings shall include necessary department staff and shall take place as soon as possible.
City of Sacramento Council Rules of Procedure Page 14 of 58 Chapter 5 – Conduct of the Public
A. General Conduct
1. Decorum.
a. Members of the public attending council meetings shall observe the same rules and decorum applicable to the members and staff as noted in chapters 3 and 4 of these Rules.
b. No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior, nor shall any person engage in conduct that disturbs the orderly conduct of the council meeting. Examples of disorderly conduct include:
(i) Feet-stamping.
(ii) Whistling or other abrupt noises.
(iii) Yelling or shouting or interrupting a speaker who is addressing the council.
(iv) Organized silent demonstrations and other demonstrations intended to disturb the progress of the meeting.
(v) Physically threatening conduct.
(vi) Verbal threats.
(vii) Banging, slamming, or throwing objects.
(viii) Interfering with other attendees’ ability to participate or address the council.
(ix) Entering areas of the chamber not intended for the public. (x) Incitement to commit unlawful or disturbing acts or disrupt proceedings.
(xi) Refusing to abide speaker time limits and leave the podium when directed.
(xii) Placing physical objects in a manner that creates a disturbance or disrupts proceedings.
(xiii) Interjection when not at the podium.
(xiv) Refusing to heed the presiding officer’s call for order.
City of Sacramento Council Rules of Procedure Page 15 of 58 (xv) Approaching the podium or dais without permission of the presiding officer.
(xvi) Signs may not be mounted to any solid item that would facilitate holding or waving and may not impede the view of other attendees. c. Enforcement. In addition to the presiding officer, the decorum officer and the sergeant-at-arms shall have primary responsibility for enforcing council meeting decorum. Additionally, any member may at any time call for a point of order, to request the timely enforcement of these rules of decorum. (i) The presiding officer shall request that a person who is breaching the rules of decorum cease the conduct. If the person does not cease the conduct immediately, the presiding officer may order the person to leave the council meeting or order the sergeant-at-arms to remove the person.
(ii) The decorum officer, who shall be a council-selected person who sits on the dais, may also exercise the duties of the presiding officer in Rule 5.A.1.c.(i) above.
(iii) The sergeant-at-arms shall assist in enforcing the rules of decorum, including removing disorderly persons upon order of the presiding officer or decorum officer.
(iv) If decorum cannot be maintained in council chambers, the presiding officer may take a recess so that decorum can be established. a. If any meeting is willfully interrupted by any person or groups of persons so as to render the orderly conduct of such
meeting unfeasible and order cannot be maintained by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. (Government Code, § 54957.9
).
The presiding officer shall direct the sergeant-at-arms to allow the following to attend the remaining session:
i. Once decorum is restored, allow all participants back into council chambers; or
ii. Once decorum is restored, allow all persons, with the exception of any individuals identified by the presiding officer or decorum officer who were willfully
interrupting the meeting or participating in the
disturbance, back into council chambers; or
City of Sacramento Council Rules of Procedure Page 16 of 58 iii. Once decorum is restored, allow only credentialed
representatives of the press or other news media,
except those participating in the disturbance, back into council chambers.
(v) If it is unfeasible to continue the orderly conduct of the meeting in the council chambers the council will continue the meeting in another room at the City Hall Complex and only city staff, credentialed members of the press or other news media, except those
participating in the disturbance, will be allowed into the meeting.
2. Lobbyists shall identify themselves and the client(s), business, or organization they represent before speaking to the council (Sacramento City Code, § 2.15.160 ).
B. Addressing the City Council
1. Purpose of public comment. During regular meetings, the city provides opportunities for the public to address the council as a whole in order to listen to the public’s opinions regarding agendized items and unagendized matters within the subject matter jurisdiction of the city. At all other (special) meetings, public comment is limited to agendized items.
a. Public comments should not be addressed to individual members nor to city officials, but rather to the council as a whole regarding city business. Comments should be directed to the council and not the audience. b. While members of the public may speak their opinions on city business, personal attacks on members and city officials, use of swear words, and signs or displays of disrespect for individuals are discouraged as they impede good communication with the council.
c. Consistent with the Brown Act
, the public comment periods on the agenda are
not intended to be “question and answer” periods or conversations with the council and city officials. The limited circumstances under which members may respond to public comments are set out in Rule 8.D.2.
d. Members of the public with questions concerning consent calendar items may contact the staff person or the member whose district is identified on the report prior to the meeting to reduce the need for discussion of consent calendar items and to better respond to the public’s questions.
e. The presiding officer may stop a member of the public whose comments are not confined to the agendized item being heard. During the public comment portion of the agenda, the presiding officer may stop a member of the public whose comments are not within the subject matter jurisdiction of the city.
2. Speaker time limits. In the interest of facilitating the council’s conduct of the city’s business, the following time limits apply to members of the public (speakers) who wish to address the council during the meeting.
City of Sacramento Council Rules of Procedure Page 17 of 58 a. Matters not on the agenda: two minutes per speaker.
b. Consent calendar items. The consent calendar is considered a single item and speakers are therefore subject to the two-minute time limit for the entire consent calendar. Consent calendar items can be pulled at a member’s request and will be considered individually, with up to two minutes of public comment per speaker.
c. Discussion calendar items: two minutes per speaker.
d. Time limits per meeting. In addition to the above time limits per item, the total amount of time any one speaker may address the legislative body at a meeting is eight minutes.
(i) Each speaker shall limit their remarks to the specified time allotment. (ii) The presiding officer shall consistently utilize the timing system, which provides speakers with notice of their remaining time to complete their comments. A countdown display of the allotted time will appear on the screen behind the dais.
(iii) In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.
Organized groups may choose a single spokesperson who may speak for the group, but with no increase in time.
(iv) Speakers shall not concede any part of their allotted time to another speaker.
(v) The presiding officer may further limit, or expand, the time allotted for public comments per speaker or in total for the orderly conduct of the meeting; such limits shall be fairly applied.
2. Speaker slips. Members of the public in chambers wishing to speak to the legislative body must submit to the city clerk a completed speaker’s slip indicating the agenda item or matters not on the agenda item that they wish to address before the item is called.
City of Sacramento Council Rules of Procedure Page 18 of 58 C. Electronic Devices
1. Members of the public shall turn their electronic devices that are capable of emitting sound – including cellular telephones, personal data devices, digital tablets, laptop computers, etc. – to the off- or silent-mode during council meetings.
2. Cameras. Cameras and recording equipment may be used during council meetings only if:
a. The devices are silent during use;
b. The devices are used in a manner and at locations that do not impede walkways or others views of the meeting or disrupt the conduct of the meeting; c. Continual lighting may not be used with video recording; and d. Flash photography is not allowed.
D. Speaker Location and Documents
1. Members of the public shall not approach the dais without the express consent of the presiding officer or city clerk.
2. Members of the public wishing to address the legislative body must approach the podium when recognized by the presiding officer or city clerk and speak only from the podium.
3. Members of the public may make oral communications but may not display any content on the overhead screens or otherwise. Members of the public wishing to provide documents to the council shall comply with Rule 7.D.
City of Sacramento Council Rules of Procedure Page 19 of 58 Chapter 6 – Meeting Types and Schedules
A. Regular Meetings
1. The city council shall hold regular meetings and provide the time, place, and manner of holding its meetings by annual resolution. A majority of regular council meetings must be held after 5:00 p.m. All meetings of the council must be open to the public, except as permitted by state law (Sacramento City Charter, § 31 ).
2. The city council shall generally meet on Tuesdays at either 2:00 p.m. or 5:00 p.m. in the City Hall Council Chamber, 915 I Street, First Floor, Sacramento, California, except as otherwise stipulated in the adopted meeting schedule.
3. City council standing committees shall generally meet on Tuesdays at 11:00 a.m. in the City Hall Council Chamber, 915 I Street, First Floor, Sacramento, California, except as otherwise stipulated in the adopted meeting schedule.
4. City boards, commissions, and committees shall hold regular meetings and provide the time, place, and manner of holding its meetings, according to the council- adopted meeting schedule. All meetings of the city’s legislative bodies must be open to the public, except as permitted by state law. The city council shall annually, and as needed, adopt a meeting schedule for all city legislative bodies.
5. City boards, commission, and committees shall generally meet at either 11:00 a.m., 1:00 p.m., or 5:30 p.m. at the City Hall Complex, 915 I Street, Sacramento, California, except as otherwise stipulated in the council-adopted meeting schedule.
B. Adjourned Meetings
As permitted by law, the legislative body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the motion of adjournment.
C. Special Meetings
1. The mayor or a majority of the members of the City Council may direct the city clerk to call a special meeting by providing notice 24-hours in advance of the meeting to the mayor, to all members, and to all media outlets and persons having requested in writing notification of such meetings pursuant to state law.
2. Whenever practicable, special meetings must take place in the council chamber and be video streamed live and recorded for viewing later.
D. City Council Emergency Meetings
1. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities or services, the City Council may hold an emergency meeting without complying with either the 120-hour (regular meeting) or 24-hour (special meeting) notice and City of Sacramento Council Rules of Procedure Page 20 of 58 posting requirements but shall otherwise comply with the Sacramento City Code §
4.04 and Brown Act procedures generally stated below.
2. Each local newspaper of general circulation and radio or television station that has requested notice of emergency meetings pursuant to the Brown Act shall be notified by the City Clerk, or designee thereof, at least one hour prior to the emergency meeting, or in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the emergency meeting.
3. This notice shall be given by telephone call or text message to the numbers provided in the most recent request for notification.
4. In the event that telephone services are not functioning, the notice requirements of this section are deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
5. During an emergency meeting, the legislative body may meet in closed session pursuant to the Brown Act
if agreed to by a two-thirds vote of the members
present, being not less than five votes of the council.
6. All special meeting requirements in the Brown Act are applicable to an emergency meeting, except for the 24-hour notice and posting requirement.
7. The minutes of an emergency meeting; a list of persons who the presiding officer of the legislative body, or designee of the council, notified or attempted to notify; a copy of the roll call vote; and any actions taken at the meeting, shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.
E. Closed Sessions
1. Closed sessions generally shall be special meetings held immediately prior to regular meetings.
2. In accordance with the Brown Act
, the public may speak regarding any closed
session item prior to the closed session.
3. All closed session information, verbal or written, is privileged and confidential and shall not be shared with any person not at the closed session. Any member sharing information in violation of this rule may be subject to censure by the council consistent with the council’s confidentiality policy then in effect.
4. The city attorney shall report out in public session any reportable actions that were taken by council and the vote on such actions in accordance with the Brown Act .
5. For closed sessions related to appointive-officer performance evaluations and compensation, see Chapter 18.
City of Sacramento Council Rules of Procedure Page 21 of 58 F. Public Hearings
1. The city clerk shall set council hearing dates and notify the council via the preliminary draft agenda on all matters that require a notice and public hearing before the council, such as matters received from the planning division and appeals to the council.
2. Public hearings will not be withdrawn or continued without the full knowledge and concurrence of the councilmembers within whose districts/jurisdiction the issue resides.
3. The council may refuse to grant a continuance of any hearing unless there is a valid legal reason why the hearing must be continued.
4. Continuances.
a. Any person (applicant, appellant, or designated representative) scheduled for a public hearing before the legislative body:
(i) May obtain one continuance for a period not to exceed the second regular meeting after the original scheduled hearing date, as a matter of right, without personally appearing on the scheduled hearing date, provided a written request for the continuance must be delivered to the city clerk by noon on the day prior to the scheduled public hearing. Any person who has once obtained a continuance by any procedure may not obtain a subsequent continuance under this Rule
6.F.4.a(i).
(ii) Who wants to obtain a continuance of the hearing beyond the second regular meeting after the original scheduled hearing date, or who has not notified the city clerk as provided in Rule 6.F.4.a(i), may obtain a continuance only by appearing before the legislative body at the time the original hearing is scheduled and requesting a continuance. This continuance is not a matter of right and will not be granted unless the legislative body is satisfied that good cause exists for the continuance and that a substantial number of people will not be inconvenienced by such continuance.
(iii) Who has once obtained a continuance of a hearing either by notice to the city clerk under Rule 6.F.4.a(i) or by personal appearance under Rule 6.F.4.a(ii) may obtain a further continuance only by appearing before the legislative body at the scheduled hearing and satisfying the legislative body that extraordinary circumstances exist that would justify this second continuance.
City of Sacramento Council Rules of Procedure Page 22 of 58 (iv) Who has twice obtained a continuance of a hearing may obtain an additional continuance only by appearing before the legislative body at the scheduled hearing and satisfying the legislative body that a miscarriage of justice would result from the refusal of the legislative body to grant a continuance.
b. City staff may obtain a continuance based on the need of the originating department or on behalf of a member. Department staff may request, via the city clerk, as many continuances as needed to complete and ready the project or appeal for the hearing process; however, staff may not serve as a requestor on behalf of an applicant or appellant.
c. Any organized group of residents or neighborhood associations not recognized as an applicant or appellant may contact their councilmember and request a continuance as needed to complete and ready the project or appeal for the hearing process. The member, in their sole discretion, may request the legislative body approve the continuance for good cause.
d. At the meeting when the hearing is scheduled, but before the hearing starts, any member may request the council approve a continuance.
e. Disputes regarding the length of a continuance will be decided by the council at the scheduled hearing if city staff or the city clerk cannot obtain mutual agreement between the parties beforehand.
G. Teleconference Meetings
a. Members of the City Council may participate via a teleconference platform only in accordance with the Brown Act
.
H. Televised Meetings
a. City Council meetings held in the council chambers are generally telecast via local television and available live via video streaming on the city’s official website and recorded for viewing later.
b. Standing committee and city established board, committee, and commission meetings held in the council chambers or historic hearing room are available live via video streaming on the city’s official website
and recorded for viewing later.
City of Sacramento Council Rules of Procedure Page 23 of 58 Chapter 7 – Meeting Agendas
A. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for council meetings in consultation with the mayor and/or vice mayor, with the exception of agenda items involving the compensation of charter officers or any personnel that report to the council, which may only be brought forward with the initial approval of the mayor, or recommendation by a majority of the Personnel and Public Employees (P&PE) Committee.
2. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
3. Department directors, subject to the discretion of the city manager, may submit staff reports, including oral reports, to the city clerk for placement on the agenda.
4. Outside agencies and advisory bodies, and city boards, committees, and commissions may submit agenda items in accordance with the following:
a. Items must be sponsored for agenda placement by the mayor, charter officers, or department staff; and
a. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.
5. Prior to an agenda item being brought to the city council, it should be brought to any relevant city board, committee, or commission and the staff report should include the board, committee, or commission recommendation.
B. Declaration of Policy
1. No ordinance, resolution, motion, or item of business may be introduced or acted upon at a meeting of a legislative body of the city without it appearing on a duly noticed and posted agenda in accordance with Sacramento City Code § 4.04 and the
Brown Act. Exceptions to this rule are limited to those provided by state law.
2. No ordinance, resolution, motion, or item of business will be considered that:
a. Does not affect the conduct of the business of the City of Sacramento or its powers or duties as a municipal corporation, or
b. Supports or disapproves of any legislation or action (i) Of the State of California;
(ii) Of the President or Congress of the United States; or City of Sacramento Council Rules of Procedure Page 24 of 58 (iii) Before any officer or agency of the state or nation, unless the proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers or duties of the City of Sacramento or its officers or employees.
c. Rule 7.B.2 may be invoked only before public comment or council deliberation on the matter and by five affirmative votes on the question: “Shall the council consider this matter?”
C. Procedures for Submission of Reports
1. A written staff report should be prepared and submitted in accordance with the agenda review procedure and reviewed by the relevant departments including but not limited to finance, city manager, and city attorney.
2. Continued items do not require a new report if there are no changes other than the agenda date. If there is any other change, a new report meeting all applicable requirements must be submitted.
3. Staff reports should include sufficient information for members of the council and the public to understand the action being considered, including any board, commission, or committee recommendation, and the appropriate legislative history.
D. Written Communications from the City and the Public
1. The city clerk shall manage communications to members regarding meeting topics to ensure compliance with the Brown Act
.
a. Except for records exempt from disclosure under the California Public Records Act (Government Code, § 54957.5, subd. (b)) and otherwise by law, agendas and any other writings distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public and shall be made available upon request without delay. b. Materials distributed to the members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the city or a member, or at the conclusion of the meeting if prepared by another person (Government Code, § 54957.5
, subd. (b)).
2. Interested parties or their authorized representatives may address the council by written communications regarding agenda items.
a. Written communications received by the city clerk will be delivered to members as soon as possible or at the city council meeting if related to an item on that meeting agenda.
City of Sacramento Council Rules of Procedure Page 25 of 58 b. Members of the public may submit comments via the agenda “e-comment” function on the city’s website. E-comments can be submitted and viewed on the city’s website agenda page once an agenda is posted and until adjournment of that meeting. The full e-comment package will be available in the city’s online records library after the conclusion of a meeting.
c. Documents (20 copies recommended) that members of the public submit to the legislative body at the meeting shall be given directly to the city clerk for distribution and shall not be given directly to the members. The documents will be made available to the public.
E. Preparation of the Agenda Packet
1. No later than 120-hours prior to each regularly scheduled meeting, the city clerk shall finalize the agenda packet.
2. Agenda Packet Contents.
a. The agenda packet will include the agenda, the staff reports, draft resolutions and ordinances, contracts, and other attachments. Items noted as “To Be Delivered” on the agenda will be delivered and published to the city’s website upon receipt
by the city clerk. No item is required to be considered by the legislative body if the applicable written material is not delivered to the members before the meeting and made available to the public at the same time. b. Corrections or supplements to a staff report or other written materials already included in the agenda packet may be delivered separately. c. All agreements on the agenda must be available for review by the council and the public prior to the meeting, or at the meeting location during the meeting, unless determined otherwise by the city attorney.
d. Unless waived by a two-thirds vote of council, all city labor agreements and all agreements greater than $1,000,000 must be posted on the city’s website and be made available to the public at least ten days prior to council action as required by Sacramento City Code section 4.04.020
.
F. Distribution of the Packet
1. The city clerk shall make available the agenda packet to the councilmembers and post it to the website no later than 120 hours prior to a regularly scheduled meeting.
G. Posting of Agenda
1. The city clerk shall post the agenda of each regular meeting of the legislative body at least 120-hours in advance of the meeting in a location that is freely accessible to members of the public, as required by the Brown Act.
City of Sacramento Council Rules of Procedure Page 26 of 58
2. The city clerk shall maintain an affidavit indicating the location, date, and time of posting each agenda.
3. If technical difficulties occur, the agenda and reports will be published on the city’s website
as soon as those difficulties are resolved.
H. Failure to Meet Agenda Deadlines
1. The city clerk shall not, without the concurrence of the city manager and city attorney, accept any agenda item or revised agenda item after the deadlines established and noted in these Rules.
2. Any agenda items or revised agenda items will be reviewed by relevant departments as identified by the agenda workflow approval process.
I. Exceptions to the Agenda Requirement
1. Matters not included on the published agenda may be discussed and acted upon by the legislative body only in the following situations:
a. At a meeting during which a majority of the members determine in open session that the matter in question constitutes an “emergency" ( Government Code, §
54956.5); or
b. Upon a determination by two-thirds of the members, or if less than two-thirds are present by unanimous vote of the members present, that:
(i) There is a need to take immediate action; and
(ii) The need for action came to the attention of the city after the agenda had been posted.
J. Order of Business and Types of Agenda Items
The order of business should be carried out as listed on the agenda in the order as set out below; however, the presiding officer may reorder the items at the meeting, unless members object. Members may request items be reordered by motion.
1. Closed Session: confidential discussions with the legislative body as permitted by the Brown Act.
2. Special Presentations/General Communications: the presentation and receipt of ceremonial resolutions and recognitions not requiring formal legislative body action.
Special presentations are limited to two per meeting and no more than five minutes each.
3. Consent Calendar: considered one item, consisting of matters routine in nature and not likely to be subject to debate or inquiry by the members or the public; typically adopted in one motion.
City of Sacramento Council Rules of Procedure Page 27 of 58
4. Public Hearings: duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the council.
5. Discussion Calendar: non-routine items requiring an oral presentation and discussion before action is taken.
6. Information Items: items when staff is required by federal or state law or city code to inform council of an issue when authority has been delegated to a person, position, board, or commission.
7. Council Comments – Ideas, Questions, and AB1234 Reports:
a. Brief oral or written reports summarizing meeting or conference attendance at city expense, as required by Assembly Bill 1234 (Government Code, § 53232.3 );
b. Requests for the city manager or staff to report on various issues; c. Requests to place items on a future council meeting agenda; d. Requests to refer preparation or review of non-binding resolutions or ordinances to the Law and Legislation Committee; and
e. Reports on district and citywide activities or news.
8. City Manager’s Report
a. Brief oral report from the City Manager or designee.
9. Public Comment-Matters Not on the Agenda: oral communications from the audience regarding matters not on the agenda but within the subject matter jurisdiction of the city.
K. Ordinances and Non-Binding Resolutions
1. Ordinance and non-binding resolution preparation must be referred to the Law and Legislation Committee (L&L) before coming to council, as described in Rule 13.
However, ceremonial city council resolutions (see Rule 7.L, below) need not be referred to the Law and Legislation Committee.
2. Ordinances on the agenda may be passed for publication or adopted in accordance with the procedures in Sacramento City Charter § 32
.
3. Ordinance changes during the review and adoption process. a. The text of an ordinance as approved by the L&L Committee, receiving the necessary votes to bring the matter to council under Rule 13, must be the text that is included in the published agenda as pass-for-publication.
City of Sacramento Council Rules of Procedure Page 28 of 58 b. If an ordinance is brought to council under Rule 13, the text of the ordinance brought to council must be the same text as was submitted to the L&L Committee.
c. The text of an ordinance passed for publication must be the text that is included in the published agenda for the meeting at which the adoption of the ordinance is discussed.
d. Notwithstanding subsections a, b, and c, typographical and clerical errors may be corrected at any time during the ordinance review and adoption process. e. If a member intends to make a substantive (i.e., anything not typographical or clerical) change to an ordinance after it is included in a published agenda, at or before the time the ordinance adoption item is called on the agenda, the member shall distribute sufficient written copies of the proposed change so that all other members, the charter officers, relevant city staff, and the public audience have copies.
f. If the legislative body’s motion to adopt a resolution or ordinance includes a change to the resolution or ordinance text from that published in the agenda, prior to the vote the city clerk shall repeat verbatim the proposed change or otherwise indicate the change is reflected in the circulated written copy of the change.
g. Ordinances bypassing the pass-for-publication requirement under Sacramento City Charter § 32 are subject to this Rule 7.K.3, as applicable.
4. Except as set forth in section (a) below, council can consider adoption of non- binding resolutions. Non-binding resolutions are those within which the council declares its position and opinions on an issue, policy, or other matter that falls outside of the jurisdiction of the city and the council lacks legal authority to establish or regulate. The council may act on such a non-binding resolution if it determines that the matter is of such importance that the council should make the symbolic gesture of adopting a resolution declarative of council’s position. a. The city council shall not act or take a position on matters concerning foreign policy, except upon a 2/3 vote of the Council determining that those matters directly affect the City of Sacramento.
City of Sacramento Council Rules of Procedure Page 29 of 58 L. Ceremonial City Council Resolutions
1. A ceremonial city council resolution is non-binding and has no authority. a. The city council may recognize and celebrate community members, organizations, and events for their contributions to the City of Sacramento and raise awareness surrounding important issues that affect the greater community. b. Ceremonial city council resolutions are not intended for political, commercial, or narrow individual purposes, and should be consistent with the overall policies of the city council. These resolutions shall not inhibit, benefit, or promote religious activities, shall be non-discriminatory, and may not promote political advocacy activities.
2. Requests for ceremonial city council resolutions should be directed to the city clerk, who will work in collaboration with the mayor to finalize language and schedule for presentation at an upcoming city council meeting.
(i) A ceremonial city council resolution is the highest council honor reserved for individuals and organizations who have made extraordinary, lasting, or significant contributions to the City of Sacramento and its residents and who should be held in high esteem.
(ii) This type of recognition should be awarded to City of Sacramento residents, organizations, businesses, dignitaries, and other similar entities who have made significant contributions to the community; non-profit corporations, sports teams, or individuals who have won state, regional, or national titles; acts of heroism, including those as defined by police, fire, and other public safety departments; and individuals deserving exceptional commendation for their contribution to the City as a whole and its residents.
(iii) An Obituary Resolution may be issued to the family in honor of a deceased community member in memoriam of an individual who has made a significant contribution to the City of Sacramento and is generally presented in the community and not at a city council meeting.
3. Individual councilmembers may also create and present ceremonial council-district recognitions in their specific community. An individual councilmember recognition may be issued to individuals, organizations, or groups who have made significant contributions within a specific council district or districts or in support of programs or organizations of interest to the residents of the district.
City of Sacramento Council Rules of Procedure Page 30 of 58 Chapter 8 – Conduct of Meeting
A. Call to Order – Presiding Officer
1. The mayor, or in the mayor’s absence the vice mayor, shall take the chair at the hour appointed for the meeting and shall immediately call the meeting of the council to order.
2. In the absence of the mayor and vice mayor, the mayor pro tem shall preside over the meeting.
3. Upon the arrival of the mayor, the vice mayor shall immediately relinquish the chair at the conclusion of the business then before the council.
4. For council standing committees the chair shall call to order and preside over the meeting. In the absence of the chair, the vice chair shall perform the duties and obligations of the chair.
5. For all other city established legislative bodies the chair shall call to order and preside over the meeting. In the absence of the chair, the vice chair shall perform the duties and obligations of the chair. In the absence of chair and vice chair, the city clerk shall call the meeting to order, and a temporary chairperson shall be elected from among the members present. Upon arrival of the chair or vice chair, the temporary chairperson shall relinquish the position upon conclusion of the item then before the legislative body.
B. Roll Call/Attendance
1. A majority of the members of the council then in office constitutes a quorum (Sacramento City Charter § 30
).
2. A majority of members of the council established legislative body constitutes a quorum.
3. Before the legislative body proceeds with the business before it, the city clerk shall note the members present for the minutes. The late arrival and early departure of members will be entered into the action minutes.
4. A councilmember is considered present at a meeting if the member is either physically in the council chamber or is participating in the meeting through teleconference in accordance with the Brown Act
. Meeting attendance of the mayor
or councilmembers through teleconference is permitted only in extraordinary circumstances.
5. Members must be physically present at the council chamber dais or teleconference location to vote. Proxy or absentee voting is not permitted.
City of Sacramento Council Rules of Procedure Page 31 of 58 C. Order of Discussion
The order of business must be carried out as listed on the agenda as set out below; however, the presiding officer may reorder the items at the meeting, unless members object. Members may request items be reordered by motion.
1. Consent calendar, and any items removed for discussion. a. Mayor, members, or charter officers may request that any matter be removed from the consent calendar and a separate vote taken.
b. All matters remaining on the consent calendar shall be approved by a single action, such single action to have the legal effect of individual action on each matter.
c. If consent calendar items are removed, they shall be discussed immediately after adoption of the balance of the consent calendar.
2. Public Hearings
a. The order of public hearings will generally be as follows:
(i) Open the public hearing.
(ii) Member report of ex parte communications.
(iii) Staff comments, information, and reports, followed by member questions.
(iv) Proponent, if applicable, speaks, followed by member questions. (v) Opponent, if applicable, speaks, followed by member questions. (vi) If the public hearing is on an appeal that does not require council de novo review, then the appellant (opponent) speaks before the applicant (proponent) in accordance with the allotted time. (vii) Public comments.
(viii) If the public hearing is a de novo review appeal, the applicant speaks in rebuttal, but if not a de novo review appeal, the appellant speaks in rebuttal.
(ix) Closure of public comment period.
(x) Further member discussion.
(xi) Motion to close public hearing and take action.
City of Sacramento Council Rules of Procedure Page 32 of 58 b. The presiding officer may direct speakers to avoid repetition in order to permit maximum information to be provided the legislative body within the time allotted for the hearing.
c. The appellant and applicant shall be allocated sufficient time to address the legislative body. However, reasonable time limits on persons addressing the legislative body, including applicants, proponents, and opponents may be imposed if necessary for the orderly conduct of the hearing and the limits are fairly applied.
3. Discussion Calendar
a. The order of discussion after introduction of an item will generally be as follows:
(i) Staff comments, information, and reports, followed by questions from the members.
(ii) Public comments and information, followed by questions from the members.
(iii) Member discussion, motion, and action.
b. Once the item is placed before the council for discussion, motion, or action, no member of staff or the public is allowed to address the council without the consent of the mayor or members.
4. Council Comments – Ideas, Questions, and AB1234 Reports a. Brief oral or written reports summarizing meeting or conference attendance at city expense, as required by Assembly Bill 1234 (Government Code, § 53232.3 );
b. Requests for the city manager or staff to report on various issues; c. Requests to place items on a future council meeting agenda; or d. Reports on district and citywide activities or news.
5. City Manager’s Report
a. Brief oral report from the City Manager or their designee.
6. Public Comment for Matters Not on the Agenda
a. As required by the Brown Act, a portion of each council meeting agenda will provide an opportunity for members of the public to address the council on any agendized item, including closed session and consent calendar items. Regular meeting agendas also will provide for public comment on any unagendized matter that is within the subject matter jurisdiction of the city.
City of Sacramento Council Rules of Procedure Page 33 of 58 b. In response to public comment on unagendized items, the members may individually:
(i) Briefly respond to statements made or questions posed by members of the public;
(ii) Ask questions for clarification;
(iii) Provide a reference to staff or other resources for factual information or response;
(iv) Request staff to report to the council at a subsequent meeting; or (v) Request staff to place a matter of business on a future agenda as needed.
D. Quorum Call
1. During the course of the meeting, should the presiding officer note a quorum is lacking, the presiding officer shall call this fact to the attention of the city clerk.
2. The presiding officer then shall issue a quorum call. If a quorum has not been restored within two minutes of a quorum call, the presiding officer may declare a recess for a reasonable period of time in order to reestablish a quorum.
3. If no quorum is reestablished within a reasonable time, the presiding officer shall adjourn the meeting.
4. Continuation of a council meeting extending past 9:30 p.m. requires a majority vote of the councilmembers present.
5. Continuation of a Housing Code Advisory and Appeals Board, Planning and Design Commission, or Preservation Commission meeting extending past 9:30 p.m. requires a majority vote of the commissioners present.
6. A meeting of any other city established legislative body shall automatically adjourn after two hours, unless extended by a 2/3 vote of the members present; but in no case shall an advisory body meeting exceed three hours.
E. Obtaining the Floor
1. Any member wishing to speak must first obtain the floor by being recognized by the presiding officer. The presiding officer shall recognize any member who seeks the floor when appropriately entitled to do so.
2. With the concurrence of the presiding officer, a member holding the floor may address a question to another member and that member may respond while the floor is still held by the member asking the question. A member may opt not to answer a question while another member has the floor.
City of Sacramento Council Rules of Procedure Page 34 of 58 F. Motions
1. Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century governs the management of motions.
City of Sacramento Council Rules of Procedure Page 35 of 58 G. Voting
1. Requirements for Action.
a. Unless a higher vote is required by the city charter, the city code, or otherwise by law, the affirmative votes of at least five members of the council shall be required:
(i) For the council to take action on an item of business; (ii) To pass any ordinance, resolution, or motion; or
(iii) To make or approve any order for the payment of money requiring council approval.
b. Any ordinance declared by the council to be necessary as an emergency measure and containing a statement of the facts constituting such emergency as provided in the city charter may be introduced and adopted at the same meeting if passed by at least six affirmative votes (Sacramento City Charter, § 32 ).
2. Voting Disqualification.
a. A member shall not vote upon a matter if the member is disqualified from voting on that matter due to a conflict of interest. Nor shall any member vote on a quasi-judicial matter if the member is biased regarding that matter. b. A member shall openly state an abstention due to a conflict of interest or bias. A member shall only abstain when there is an actual (or reasonably perceived) financial conflict of interest or bias, and the member is prohibited from voting on the item.
c. A member who is abstaining due to a financial conflict of interest shall publicly identify the financial interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required. d. Under SB 1439, an officer who is abstaining (Government Code, § 84308, the “Levine Act”) shall disclose that fact on the record of the proceeding. Under SB 1439, an officer of an agency shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision.
e. As to any other conflict of interest, the member's determination may be accompanied by an oral or written disclosure of the conflict of interest.
City of Sacramento Council Rules of Procedure Page 36 of 58 f. A member who is disqualified by a conflict of interest in any matter shall not remain on the dais during the discussion and shall not vote on that matter.
However, the member may remain on the dais for Consent Calendar items if the member states the abstention from the vote due to the described conflict of interest before the Consent Calendar is voted on in one motion.
City of Sacramento Council Rules of Procedure Page 37 of 58 Chapter 9 – Council Vacancies
A. Procedures
1. As provided in the Sacramento City Charter, absence from five consecutive regular meetings of the council, unless excused by resolution of the council, operates to vacate the seat of the mayor or councilmember so absent. (Sacramento City Charter, §§ 28 and 46.)
2. A vacancy in the office of councilmember or mayor shall be filled by special election called by the council as provided in Sacramento City Charter § 154, unless the vacancy occurs within one year of the next general election at which that office would normally be filled, in which case the vacancy shall be filled by appointment.
The city clerk shall take the necessary actions to accomplish the recruitment and appointment of candidates as provided in
Sacramento City Code § 1.14.
City of Sacramento Council Rules of Procedure Page 38 of 58 Chapter 10 - Facilities
A. Meeting Locations
1. Whenever practical, legislative body meetings shall be held at the City Hall Complex, located at 915 I Street, Sacramento, CA 95814 to facilitate video streaming to the city’s website and archiving for future access.
B. Meeting Capacity
1. Council chamber and historic hearing room attendance is limited to the posted seating capacity. The maximum occupancy of council chambers is 230 and historic hearing room is 70. The city manager shall appropriately regulate entrance to the council chamber when the council chamber capacity is likely to be exceeded. When legislative bodies are in session, members of the public shall not remain standing in the seating area or aisles of the council chamber. Sitting on the floor is not permitted. The sergeant-at-arms shall enforce this chapter.
2. In compliance with the Americans with Disabilities Act, meeting locations are accessible to the public. If a member of the public needs special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, they should contact the Office of the City Clerk at 916-808-7200 or [email protected] as soon as possible. Providing at least 72 hours' notice will help ensure that reasonable arrangements can be made.
City of Sacramento Council Rules of Procedure Page 39 of 58 Chapter 11 - City Council Committees and Regional Organizations A. General
1. The mayor shall make all appointments to council standing committees, subject to the approval of the council. The mayor shall make all appointments to council ad hoc committees.
2. A standing committee is a permanent committee of the council established to consider subjects of a particular class, with regularly scheduled meeting dates and times.
3. An ad hoc committee is a temporary committee of the council established for a special purpose and of limited duration.
4. Standing and ad hoc committees have fact-finding, informative, and recommendatory powers only, and such other powers delegated by the council.
5. The council intends that council committees, to the extent possible, conduct a full hearing on any matter referred to that committee before the committee refers the matter back to the council.
6. The city clerk shall maintain and keep on file a list of the standing committees, ad hoc committees, regional organizations, and joint powers agencies to which councilmembers are appointed.
B. Council Standing Committees
1. General Guidelines
a. Standing committee appointments shall be made by the mayor each at the beginning of each calendar year or as necessary.
b. Standing committees shall meet at the city hall complex. c. Standing committees are subject to the Brown Act
and the Sacramento Sunshine
Ordinance (Sacramento City Code § 4.04). Standing committee agendas shall be prepared, posted, and distributed in accordance with the Brown Act and the Sacramento Sunshine Ordinance (Sacramento City Code Chapter 4.04), stating the time and place of the meeting and the subject matters to be discussed. d. A councilmember who is not a member of the standing committee may attend a standing committee meeting, provided the member attends only as an observer, does not testify or otherwise participate in any discussion, and sits amongst the public.
e. Except as provided in subsection f, all items on a standing committee’s agenda must first be referred to the committee by the council for review, with a recommendation returned to the council within 120 days, subject to the exceptions set forth below or as otherwise modified by the council.
City of Sacramento Council Rules of Procedure Page 40 of 58 f. With approval of the city clerk, city manager, or committee chair, an item may be sent directly to a standing committee without council referral. If a matter is so referred to a standing committee, the committee agenda must note that fact on the face of the agenda and the committee chair shall notify the council. Such referrals are not required to be forwarded to the council unless council action is recommended by the standing committee.
g. The city clerk shall assign staff to assist the committee chair with the operation of the committee.
C. Council Ad Hoc Committees
1. Establishment.
a. The mayor or a majority of the council may request the creation of an ad hoc committee.
b. The city manager or a department director, together with the city attorney, shall work with the appropriate supporting department(s) and determine the scope and approximate duration the ad hoc committee.
c. The department director shall submit a request to the mayor, with a copy to the city clerk, requesting the creation of and appointment of up to four members to an ad hoc committee.
2. Scheduling Ad Hoc Committee Meetings.
a. Once an ad hoc committee has been established, the city clerk shall schedule the first meeting. Once confirmed, the city clerk shall notify the members, mayor’s office, city manager (or designee), and the city attorney (or designee) of the meeting details. A regular meeting calendar will be established and adopted by the ad hoc committee.
b. A councilmember who is not a member of the ad hoc committee may attend an ad hoc committee meeting, provided the member attends only as an observer, does not testify or otherwise participate in any discussion, and sits amongst the public.
c. Ad hoc committees are subject to the Brown Act
and the Sacramento Sunshine
Ordinance (Sacramento City Code § 4.04).
City of Sacramento Council Rules of Procedure Page 41 of 58
3. Dissolution
a. Once an ad hoc committee has completed its task, the supporting department shall submit a report to the mayor, with a copy to the city clerk, stating completion of the ad hoc committee tasks and request the dissolution of the ad hoc committee.
b. An ad hoc committee is automatically dissolved one year after its first meeting, unless it is dissolved earlier under Rule 12.C.3.a.
c. The city clerk will provide a periodic report to council announcing the dissolution of ad hoc committees.
D. Regional Organizations
The mayor shall appoint council representatives to regional organizations and joint powers agencies listed in the documents maintained by the city clerk, subject to council approval. Appointments shall be made at the beginning of each calendar year or as necessary.
City of Sacramento Council Rules of Procedure Page 42 of 58 Chapter 12 – Councilmember Proposal Requests
A. General
1. This chapter outlines the process for councilmembers to propose an idea for council action. It modulates the agenda requests of individual councilmembers by referring those requests to the relevant city council standing committee for review, as appropriate, and in so doing provides clear guidance to the council appointees that their work demands are serving the council as a whole. It also ensures councilmember requests are duly tracked and assigned, thus promoting transparency and accountability.
B. Procedures
1. Councilmember proposal requests must be submitted in writing to the city clerk.
The proposal must include a brief summary and background, identify the applicable strategic plan/priority, estimate any budget adjustment or impact, and include additional information sufficient for committee deliberation.
2. The mayor, in consultation with the city manager, city attorney, and city clerk, shall review all requests and will assign each proposal to a committee based on committee jurisdiction, unless an exception applies.
a. Exceptions:
i. Urgent matter that requires quick council action;
ii. A matter related to a pending council matter;
iii. A matter that on its face falls fully outside the jurisdiction of the City;
iv. A matter within the City Manager’s executive function that does not need council authorization; or
v. A matter that should receive a city-established board, commission, or committee input before going to a city council standing committee.
City of Sacramento Council Rules of Procedure Page 43 of 58
3. Standing committees shall review each proposal and vote whether to approve staff work.
a. If the proposal receives threshold committee support to work on the proposal (i.e., a vote of 4/0, 3/1, or 2/1), staff work commences. b. If the proposal receives a 2/2 vote, within 30 days thereafter the city councilmember who initiated the proposal may ask that the city council vote on a non-debatable motion to reconsider, which motion will be placed on the next available city council agenda. If the motion receives five or more “aye” votes, the item will be resubmitted to the committee.
If the motion fails, the proposal concludes. The non-debatable motion to consider may only be considered once. Once a proposal concludes, it cannot be reconsidered sooner than 12 months.
c. If the proposal does not receive sufficient committee support (i.e., a 0/4, 1/3, or 1/2 vote) for further work on the proposal, the proposal concludes.
4. If directed by the standing committee to commence work, staff will bring back to the committee a report for its consideration.
a. If the proposal receives a vote of 4/0, 3/1, or 2/1, the proposal advances to the city council with a committee recommendation.
b. If the proposal receives a 2/2 vote, within 30 days thereafter the city councilmember who initiated the proposal may ask that the city council vote on a non-debatable motion to reconsider, which motion will be placed on the next available city council agenda. If the motion receives five or more “aye” votes, the item will be resubmitted to the committee.
If the motion fails, the proposal concludes. The non-debatable motion to consider may only be considered once. Once a proposal concludes, it cannot be reconsidered sooner than 12 months.
c. If the proposal does not receive sufficient committee support (i.e., a 0/4, 1/3, or 1/2 vote) to advance to the city council, the proposal concludes and cannot be reconsidered sooner than 12 months.
C. Councilmember Proposal Request Flowchart (following page)
City of Sacramento Council Rules of Procedure Page 44 of 58
City of Sacramento Council Rules of Procedure Page 45 of 58 Chapter 13 – Law and Legislation Committee
A. Authority; Purposes
1. Authority to Represent City Positions.
a. The Law and Legislation (L&L) Committee has the authority to take positions on behalf of the city on state and federal legislation as outlined in the city’s legislative platform.
b. The mayor or the chair of the L&L Committee has the authority to take positions, consistent with the adopted legislative platform, on behalf of the city when the need to react quickly does not allow for a matter to be considered by the L&L Committee.
c. Except as provided in subsections a and b, no person or committee has authority to represent the council on policy matters, unless that authority has been granted by the council or the information is limited to a factually accurate statement of the council’s publicly-adopted position.
2. Purposes. The purposes of the L&L Committee are to consider, evaluate, conduct fact-finding, and recommend to council positions on proposed city ordinances and non-binding resolutions.
B. Procedures
1. Ordinances and Non-Binding Resolutions.
a. Origination.
(i) Requests to prepare, amend, draft, or process ordinances and non- binding resolutions shall be made in one of the following ways:
(A) In writing to the city clerk; or
(B) By the city manager or other city staff.
(ii) All non-binding resolution requests must be referred to the L&L Committee. Except as provided in subsection b below, all ordinance requests must be referred to the L&L Committee.
(iii) The requesting member(s), city manager, or staff is considered the sponsor. City staff shall work directly with the sponsor in developing the proposed ordinance language.
City of Sacramento Council Rules of Procedure Page 46 of 58 b. Ordinances not requiring L&L Committee review prior to council review and adoption are those that are:
(i) Deemed urgent by the mayor or city manager;
(ii) Voted on by the majority of council to bypass the L&L Committee; (iii) Voted on by the majority of the L&L Committee to go to council without full L&L Committee review;
(iv) Zoning code amendments for specific development projects; (v) Listings on, or deletions from, the Sacramento register under Sacramento City Code chapter 17.604, article II;
(vi) Adopting property-related fees or fee increases that require public notice before the Utilities Rate Advisory Commission;
(vii) Authorizing the execution of a development agreement; (viii) Establishing or adjusting parking meter rates
(ix) The biennial update for campaign contribution limits, as required by Sacramento City Code section 2.13.120; or
(x) Levying a special tax on land within a community facilities district. (xi) Those reviewed by the P&PE Committee related to a city advisory body’s creating authority.
c. After passing the threshold vote required by the councilmember proposal request flowchart in Chapter 12, ordinances and non-binding resolutions referred to the L&L Committee shall be placed on the legislation log, with new items placed at the end of the log, to establish a priority order; provided, the L&L Committee or council may reorder the priority.
d. The log will be scheduled for the consent agenda at every L&L Committee meeting. Any committee member may pull an item from consent for discussion. e. Items on the log may be removed at the request of the sponsor. Staff shall note the removal request on the log and remove the item after the log has been approved by the committee.
f. The process for advancing an item to the city council is outlined in Chapter 12.
City of Sacramento Council Rules of Procedure Page 47 of 58 C. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for the L&L Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
City of Sacramento Council Rules of Procedure Page 48 of 58 Chapter 14 – Personnel and Public Employees Committee
A. Purposes
The purposes of the Personnel and Public Employees (P&PE) Committee are to:
1. Review applications received for membership to various city boards, commissions, and committees;
2. Conduct interviews for such membership appointment;
3. Make recommendations to the mayor concerning such appointments;
4. Review advisory body reports and recommendations, as provided in Rule 17.C;
5. Review ordinances related to an advisory body’s creating authority prior to council review and adoption;
6. Lead the recruitment process for council-appointed officers; and
7. Develop and lead annual performance metrics and evaluations for council-appointed officers, as provided in Rule 18.
B. Procedures
1. Applications for seats on city boards, commissions, and committees will be reviewed by the P&PE Committee.
2. The P&PE Committee shall conduct interviews of qualified applicants.
3. Recommendations by the P&PE Committee shall be submitted to the city clerk for distribution to the mayor to consider appointment.
4. After the mayor’s appointment, the city clerk shall submit a report for a council agenda requesting confirmation of the mayor’s appointment.
C. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for the P&PE Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
City of Sacramento Council Rules of Procedure Page 49 of 58 Chapter 15 – Budget and Audit Committee
A. Purposes
The purposes of the Budget and Audit Committee (B&A) are to:
1. Assist the council in overseeing and supervising the city auditor;
2. Assist the council in evaluating the proposed budget, including a mid-year report, and any amendments thereto;
3. Assist the council in understanding the budget impacts resulting from council’s actions; and
4. Assist the council in reviewing and evaluating the Innovation and Growth Fund.
5. Assist the council in enhancing the city’s ability to:
a. Improve the effectiveness and efficiency of city operations; b. Improve the city’s fiscal operations;
c. Adopt and adhere to a balanced budget; and
d. Comply with city policies, procedures, and regulatory requirements.
6. Review councilmember proposals for funding allocations that fall outside of the budget process.
B. Procedures
1. The B&A Committee shall receive, review, and forward to the council as appropriate, reports, recommendations, and updates from the city auditor.
2. The B&A Committee shall receive and review the proposed budget and any material amendments thereto.
3. The B&A Committee shall receive and review any key budget policy issues, including but not limited to, Annual Comprehensive Financial Report (ACFR) results, use of any year-end surplus, the mid-year report, budget priorities, use of unanticipated revenue, or proposed budget issues such as fee increases, prior to bringing forward to council.
4. The B&A Committee may:
a. Receive, review, and forward to the council, when relevant to city audits, any reports from the city treasurer, the department of finance, other city offices, or external auditors;
City of Sacramento Council Rules of Procedure Page 50 of 58 b. Receive, review, and forward to the city council any reports and recommendations from the economic development department or city manager regarding the Innovation and Growth Fund; and
c. Propose that the council adopt ordinances, resolutions, or take other actions, provided that such ordinances, resolutions, or actions are within the jurisdiction of the B&A Committee.
5. The process for advancing an item to the city council is outlined in Chapter 12.
C. Requirements for Agenda Item Submission
1. The city manager, city auditor, and city clerk shall develop the agenda for the B&A Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
City of Sacramento Council Rules of Procedure Page 51 of 58 Chapter 16 – Racial Equity Committee
A. Purposes
The purposes of the Racial Equity Committee are to:
1. Help the council align its advancement of racial equity in city decision-making with the impacts resulting from city policy, budget, and service-delivery decisions;
2. Provide a space to help coordinate the various city racial equity initiatives, efforts, metrics, and best practices into a holistic citywide informed approach (rather than a case-by-case approach); and
3. Increase engagement, transparency, and accountability for the City’s ongoing racial equity work.
B. Procedures
1. The Racial Equity Committee shall receive, review, and forward to the council as appropriate, reports, recommendations, policy proposals, and updates regarding racial equity issues. Review and approval of ordinances and adoption of positions on state and federal legislation shall be undertaken by the Law and Legislation Committee, unless an ordinance or legislation is referred directly to the Racial Equity Committee by the council.
2. The process for advancing an item to the city council is outlined in Chapter 12.
C. Requirements for Agenda Item Submission
1. The city manager and city clerk shall develop the agenda for the Racial Equity Committee meetings in consultation with the chair of the committee. a. The chair shall have the right to make recommendations to the committee on matters of policy and programs that require committee decisions. b. Charter officers, the director of the office of public safety accountability, and the Sacramento Housing and Redevelopment Agency executive director may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
c. Department directors, subject to the discretion of the city manager, may submit staff reports or descriptions of oral reports to the city clerk for placement on the agenda.
City of Sacramento Council Rules of Procedure Page 52 of 58 Chapter 17 – City Advisory Bodies
A. Vacancies and Appointments
1. When any vacancy occurs on a board, commission, or committee (advisory body) the city clerk shall announce that vacancy pursuant to the standard outreach procedures. The city clerk’s office maintains the board and commission files and performs all clerical and administrative support tasks related to the application process.
2. At the close of the application period, all applications received for the vacancy are referred by the city clerk to the appropriate nominating body or person for review and recommendation.
3. If the recommending body is the Personnel and Public Employees Committee (P&PE) the applicant will be invited to interview in person before P&PE at the next available meeting. Following review and recommendation by P&PE, the city clerk shall forward to the mayor for review.
4. If the recommending body is a councilmember, following review, the member shall send the board and commission recommendation(s) to the city clerk who will forward to the mayor for review.
5. After reviewing the submitted recommendation(s) made by P&PE or a member, the mayor shall direct the city clerk to prepare a staff report with the mayor’s appointment to fill the vacancy at the next council meeting. Concurrence in an appointment for a seat on a city board, commission or committee shall be by vote of the city council.
6. If the council does not approve the appointment, then the mayor shall make another appointment, and at the soonest regular meeting following the meeting at which the subsequent appointment was made, the council shall vote whether to confirm the new appointment.
7. This procedure shall be followed until an appointment has been approved by the council. No request by a member to delay the appointment or approval will be allowed unless approved by a majority vote of the council.
8. At the direction of the council, all vacancies, application periods, and close of application periods for boards and commissions shall be monitored and maintained by the city clerk.
City of Sacramento Council Rules of Procedure Page 53 of 58
9. In making nominations and appointments to city boards and commissions, the mayor, P&PE Committee, and members should consider persons of various ethnicities, ages, genders, education, and occupational experience as reflected in the general population of the city; and should, as appropriate for the vacancy, consider persons from all districts of the city.
B. Requests for Future Agenda Items
1. Members may submit items under the purview of the advisory body for inclusion on a future agenda by orally making the request under Ideas, Comments, and Questions.
a. The department staff shall add a member’s requests to a chronologically-ordered log that contains all pending requests, i.e., those not having been heard as an agenda item or not otherwise having been removed from the log. b. The log shall appear on the Consent Calendar of each regular meeting and include estimated agenda date or disposition.
C. Advisory Body Reports
1. Advisory body recommendations and reports to the city council shall follow the procedure set forth in this Rule 17.C.
2. Annual report preparation.
a. Each advisory body shall provide an annual report for review by the Personnel and Public Employees (P&PE) Committee.
b. The annual report shall be provided in a format established by the city clerk and should include highlights and accomplishments from the prior year’s work; proposed projects, priorities, and recommendations for the upcoming year; and any other information required of the advisory body according to the Sacramento City Code.
c. The city clerk shall manage an advisory body annual report calendar so that city staff can gather input to prepare a proposed report to the advisory body in a timely manner.
d. Each advisory body must approve its annual report before presentation to the P&PE Committee. When presenting proposed reports to advisory bodies, staff should include information on the feasibility of any recommendations therein.
City of Sacramento Council Rules of Procedure Page 54 of 58
3. Review by P&PE Committee.
a. Annual reports approved by advisory bodies shall be placed on an upcoming P&PE Committee meeting agenda.
a. The city clerk shall act as a liaison and collaborate with city staff to collect any additional information that may be helpful to the committee’s evaluation of advisory body annual reports.
b. The P&PE Committee shall review advisory body annual reports and give staff direction on those reports’ stated projects, priorities, and recommendations.
Before forwarding the report to the city council, the committee may request supplemental information from staff or the advisory body.
4. Other recommendations. If an advisory body has recommendations outside the annual review process, the city clerk shall coordinate with the advisory body to have those recommendations brought before the P&PE Committee, which may consider and act on those recommendations in the same way it does advisory body annual reports.
City of Sacramento Council Rules of Procedure Page 55 of 58 Chapter 18 – Annual Review of City Council Appointive Officers A. Purposes
1. The city council is committed to performing regular annual reviews of its appointive officers, which include the following positions: city attorney, city auditor, city clerk, city manager, city treasurer, director of the office of public safety accountability, and executive director of the Sacramento Housing and Redevelopment Agency. These positions report directly to the city council.
2. Clear communication and performance metrics are at the core of the work of the council and the city. To evaluate council appointive officers on a consistent basis, the P&PE Committee will assume the role and responsibility of developing and leading annual performance metrics and evaluations.
B. Procedures
1. With direction from the P&PE Committee, the city clerk shall coordinate and schedule appointive officer annual reviews.
2. Annually, appointive officers shall present their annual report, including past year accomplishments and strategic goals and objectives for the upcoming year, to the P&PE Committee. Once approved by the P&PE Committee the report will be forwarded to the city council for approval.
3. Performance Evaluations: The city council shall meet in closed session to conduct a performance evaluation of an appointive officer.
a. T he city council may hold closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of an appointive officer or to hear complaints or charges brought against the appointive officer by another person or employee unless the appointive officer requests a public session (Government Code § 54957 (b)).
b. As a condition to holding a closed session on specific complaints or charges brought against an appointive officer by another person or employee, the appointive officer shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the appointive officer personally or by mail at least 24 hours before the time for holding the session. c. The city council also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the city council.
d. Closed sessions held pursuant to this rule shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.
City of Sacramento Council Rules of Procedure Page 56 of 58
4. Salary and Benefit Negotiations: The city council may meet in closed session with the city’s designated representative to discuss salaries, salary schedules, or compensation paid in the form of fringe benefits of an appointive officer. (Government Code § 54957.6)
a. The agenda for a closed session under this rule must identify the city’s designated representatives. Unless specifically directed otherwise by the mayor, the designated representatives shall be personnel from the Human Resources Department.
b. Closed sessions of the city council under this rule shall be for the purpose of reviewing its position and instructing the designated representatives. c. Closed sessions held pursuant to this rule shall not include final action on the proposed compensation or benefits.
5. Final approval of compensation adjustments, by resolution or contract, shall be made at an open meeting of the city council. See Rule 7.A.1 for agendizing such an item.
City of Sacramento Council Rules of Procedure Page 57 of 58 Glossary
Decorum Officer
The decorum officer is a council-selected person who sits on the dais and has responsibility for enforcing council meeting decorum.
et seq
et seq means “and the following one or ones”.
Ex Parte Communications
An ex parte communication is a written or oral communication between a decisionmaker and an interested person concerning any issue in a formal proceeding, other than procedural matters that does not occur in a public forum established in the proceeding or on the record of the proceeding.
Members shall disclose the substance of all ex parte communications at the beginning of a public hearing for any item brought before the legislative body for hearing, consideration, or action.
Non-Binding Resolution
A non-binding resolution is a resolution in which the council declares its position and opinions on an issue, policy, or other matter that the council lacks legal authority to establish or regulate, but that the council determines is of such importance that the council should make the symbolic gesture of adopting a resolution declarative of council’s position.
Presiding Officer
The Presiding Officer is the person who presides over a meeting and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the rules, practices, and precedents. In the city council the presiding officer is the Mayor. In advisory bodies established by the city council the presiding officer is the Chair. In the absence of Mayor or Chair, the Vice Mayor or Vice Chair shall preside.
Quasi-judicial
Quasi-judicial action means any council action that implicates constitutionally protected property or liberty interests, such as issuance or denial of discretionary land use permits, subdivision maps, business licenses, and other similar action in which a property interest is at stake and the council is charged with applying legal standards to a specific factual situation.
Sergeant-at-Arms
The sergeant-at-arms is the principal law enforcement official of the legislative body and is charged with maintaining security within the chamber (meeting location) and surrounding areas. The sergeant-at-arms also enforces protocol and ensures public decorum is followed as noted in the body’s rules of procedure.
City of Sacramento Council Rules of Procedure Page 58 of 58 Teleconference
A meeting conducted among participants in different locations via telecommunications equipment such as telephones, computers, or other devices.