CITY OF SAN PABLO, CALIFORNIA SIGN ORDINANCE

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1 CITY OF SAN PABLO, CALIFORNIA SIGN ORDINANCE MUNICIPAL CODE TITLE 18 ADOPTED May 18, 2015 City of San Pablo Development Services Department San Pablo Avenue, Building #3 San Pablo, CA 94806

2 Acknowledgments City Council Kathy Chao Rothberg, Mayor Rich Kinney, Vice-Mayor Genoveva Garcia Calloway Paul Morris Cecilia Valdez Planning Commission Rita Xavier, Chairperson David Alvarado Cheremay Sutton Yuhong Shi City Staff Matt Rodriguez, City Manager Brian Libow, City Attorney Christine L. Crowl, Consultant Attorney Tina Gallegos, Former Development Services Manager Michele Rodriguez, Development Services Manager Rod Simpson, Assistant Planner Roberta Feliciano, Planning Aide Lehny Corbin, Deputy City Clerk Mayra Corleto, Administrative Secretary Linda Barrera, Administrative Intern Eugenio Salcedo, Former Administrative Intern Alma Pelayo, Police Services Assistant John Crabtree, Building Inspector Linda Miller, Police Services Technician

3 Table of Contents Title 18 TABLE OF CONTENTS Chapters: Definitions Regulatory Sign Ordinance Signs on City Property...33 San Pablo Sign Ordinance (Title 18)

4 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO REPEALING CHAPTER OF THE SAN PABLO MUNICIPAL CODE (SIGNS) IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 18 (SIGNS) OF THE SAN PABLO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN PABLO DOES ORDAIN as follows: Section 1. Chapter (Signs) of the San Pablo Municipal Code is repealed in its entirety and replaced with a new Title 18 (Signs) to read as follows: TITLE 18 SIGNS Chapters: Definitions Regulatory Sign Ordinance Signs on City Property Chapter Definitions Definitions. In addition to any other definitions contained in the municipal code, the following words and phrases shall, for the purpose of this Title, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the municipal code, these definitions shall prevail. Abandoned Sign. Any display remaining in place or not maintained for a period of 90 days or more that no longer advertises a bona fide business, service, product or establishment available to the public on the business premises where the display is located. Any legal sign left in place by the tenant or landowner for the next occupant, that is not maintained during vacancy, and that does not have opaque plastic inserts installed for any cabinet type sign, shall also be considered an abandoned sign. Animated Sign. Any sign that is designed and constructed to give its message through a sequence of progressive changes of parts or movements, including rotating or revolving signs and electronic messages. See Flashing Sign. A-Frame/H-Frame/I-Frame Sign. Portable sign capable of standing without support or attachment. Area of a Sign. The square footage of the entire face of a sign together with any frame of other material, color, or condition that forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed. The definition excludes the necessary supports or uprights on which the sign is placed, but includes the area of a monument sign and its base, measured from finish grade. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back-to-back and are at no Ordinance 2015 Page 1

5 point more than two (2) feet from one another, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area; if the two (2) faces are of unequal area, the area of the larger face shall be used. Further, where a sign consists only of individual letters, numerals, logos, or other similar components and is painted onto or attached flat against the wall of a building, and where such individual components are without integrated background definitions and are not within a circumscribed framed area, the total area of the sign shall be the sum of the areas of squares or rectangles surrounding each individual sign component. Awning. A device attached to the facade of a building, usually over window displays, to provide weather protection to pedestrians walking alongside and beneath such shelters. Awning structures slope downward and away from the building and support canvas, wood or glass covers. Canvas awnings may have a valance (vertical flap) at the bottom of the sloping plane. Banner. A large strip of flexible material with a design, picture, or writing on it which is not permanently affixed to a structure. Billboard. A permanent structure sign which meets any one or more of the following criteria: 1) it is used for the display of off-site commercial messages; 2) it is used for general advertising for hire; 3) it is not an accessory or auxiliary use serving a principal use on the same parcel, but rather is a separate or second principal use of the parcel; 4) it is a profit center on its own, and in the case of multiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel; 5) the sign is a non-accessory use. See also Off-Site Sign. Blade Sign. A double-sided sign hung beneath an awning or covered walkway perpendicular to the face of the building to which it is attached. Canopy. Any covered walkway other than an awning, projecting over public or private sidewalks. A fixed canopy may be carried by a frame attached to a building and/or supported by the ground or sidewalk. City Property. Any real property over which the City or the Local Successor Agency (1) holds an interest, including, without limitation, fee title ownership, easement, leasehold or contractual interest, and public street right-of-way; and (2) has a present right of possession and control. Commercial Mascot. A person or animal costumed, decorated, or otherwise functioning as a commercial advertising device. Includes sign twirlers, sign clowns and persons or animals holding or supporting commercial signs. Covered Walkway. Any architectural projection, including a canopy or awning, projecting out over a private or public sidewalk in a manner to provide overhead shelter to pedestrian traffic or shade over walkways, display windows and building entrances, and from which a blade sign may be hung. Development Sign. A temporary sign listing the architect, landscape architect, engineer, planner, contractor, or other person or firm participating in the development or construction or financing of the project. Ordinance 2015 Page 2

6 Directional Sign. Any sign that serves solely to designate the location or direction to any place or area. Directory Sign. A sign listing the tenants or occupants and their suite numbers of a building or commercial center. Electronic Reader Board Sign. Any sign designed and constructed to give its message through a sequence of progressive changes of parts, movements, color and/or intensity of illumination, including rotating or revolving signs and electronic messages. False Roof. Any architectural projection attached to the upper wall, parapet, or roofline of a building in a manner that creates an eave or simulates a sloping or mansard roof. Fascia. The leading edge of a roof, fixed canopy or covered walkway that has a vertical surface on which a sign may be mounted. Flag. A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. Freestanding Sign. Any sign, including a pylon-supported sign or monument sign, that is self-supporting in a fixed location and not attached to a building. Height of Sign. The vertical distance from the uppermost point of a sign to the ground immediately below such point. Identification Sign. Any sign designed solely to identify the use or occupant of a structure or site, and which contains no other advertising copy. Illegal Sign. Any of the following: 1. A sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; 2. An abandoned sign; 3. A sign that was legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished; 4. A sign that is a danger to the public or is unsafe; or 5. A sign that causes a potential traffic hazard or obstructs the view of any authorized traffic sign, signal, or other such device. Indoor Sign. An interior sign that is not located on the window or within three feet of the window. These signs are generally installed within the store to advertise products and special sales. Lottery sign. Sign for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers. Ordinance 2015 Page 3

7 Marquee. A permanent roofed structure attached to and supported wholly by a building and which may project over public property. Mobile billboard. Any wheeled vehicle used primarily for the display of general advertising or general advertising for hire, or that carries, pulls or transports a sign or billboard, by means of traversing upon any public street or parking on any public street in a manner that the advertising image(s) on the vehicle are visible from any portion of the public right-of-way. Also known as sign truck or billboard truck. This definition does not apply to vehicles displaying images related to the same business or establishment of which the vehicle is an operating instrument, such as, by way of example and not limitation, an advertisement for a grocery store on a truck delivering merchandise to that store. Also, it does not apply to vehicles which are on the public road for the primary purpose of transportation, such as taxis and buses, even if such vehicles display general advertising. This definition applies regardless of whether the vehicle is motorized or powered by humans or animals. It does not include lettering or illustration which is attached to or painted on, and does not extend more than one-fourth inch from the surface of such vehicle. License plates, license plate frames, and bumper stickers are not within this definition. Monument Sign. Any freestanding sign supported from grade with a solid base or the appearance of a solid base. Moving sign. A sign which physically moves or presents the appearance of movement, whether by revolving or rotating parts actuated by electrical, mechanical or other device or by wind current or forced air. Moving signs include, but are not limited to, flashing signs, banners, pennants, flags, feather signs and balloons. The term moving sign does not include a time or temperature indicator, or a motor vehicle, or digital display. Mural. A one-of-a-kind, hand-painted or hand-tiled image applied to and made integral to the exterior wall of a commercial or industrial building in commercial and industrial zones, in public view, the written message of which does not exceed three percent of the total area of the mural, and that contains no commercial message. For this purpose, a commercial message is any message or image that advertises a business conducted, services rendered, or goods produced or sold. A mural does not contain any text or lettering unless contextually and artistically consistent with the overriding, unifying theme of the mural. A mural shall not exceed the height of the structure; shall not extend more than six inches from the building façade; shall not exceed 100 square feet (10 x10 ); shall not include electrical or moving components; shall not cover windows or doors; and shall remain unaltered for a period of at least two years. Any such artwork or signage on an exterior wall that does not meet these qualifications shall be considered a wall sign and subject to the sign permit requirement. If the artwork qualifies under this definition, no sign permit is required, and City will have no review authority of the content of the mural, provided the message is not otherwise prohibited by this chapter or state or federal law. Noncommercial message. A message which pertains primarily to debate in the marketplace of ideas. Such messages typically cover subjects such as politics, religion, philosophy, social policy, as well as commentary on sports, arts and entertainments, etc. There is no on-site/off-site distinction as to noncommercial messages. Ordinance 2015 Page 4

8 Non-communicative aspects. Those characteristics of a sign which do not present a communicative visual image to the public, such as size, height, setback, structural strength or weight, illumination method, density, orientation, etc. Off-Site Sign. A sign that advertises commercial products, accommodations, services or activities not provided in or on the property or premises upon which it is located. Any sign other than an on-site sign, including all outdoor advertising and outdoor displays or display space on a lease or rental basis. An off-site sign directs attention to or advertises an occupancy, commodity, service or entertainment supplied or originated at other premises or is unrelated to the business being performed on-site. The on-site/off-site distinction does not apply to non-commercial messages. On-site sign. A sign that advertises the commercial business, accommodation, services or activities provided on the premises on which the sign is located, or is expected to be provided in the near future. In the case of developments subject to a master sign program, all establishments subject to the program are considered on-site whenever located within any location subject to the program. As to construction signs, on-site includes all parties involved in the specific construction project. Any sign located within 12 feet of a main public entrance to an establishment is also considered on-site, regardless of property Product Sign. Sign manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including a telephone booth, vending machine, automated teller machine, gasoline pump, newspaper rack, and bus shelter sign. Planned Sign Program. A coordinated program of one or more signs for an individual building or building complex or project with multiple tenants. Pole Sign. A freestanding sign that is attached or mounted on a monopole (single post). Projecting Sign. Any double-faced sign, other than a blade sign, which is suspended from or supported by a building or wall, or a sign, other than a wall sign, which is suspended from or supported by a building or wall which projects out from the building or wall. Public Events Banner. A sign made of material similar to heavy canvas or reinforced plastic and used in connection with a community event, or a parade, march or demonstration. Pylon Sign. A ground mounted sign attached to one or more posts, whose base is greater than two (2) feet in diameter. Roofline. The lowest eave of a roof or parapet. Sign. Any display, declaration, demonstration, graphic announcement, inflatable device, illustration or insignia used to advertise or promote the interest of any person when the same is placed out-of-doors, or on the inside of a window to be seen from the outside, in view of the general public; provided, that this definition shall not include display of the American or California flag in compliance with the standards set forth herein. Site. Any parcel of land as designated in the current assessor's parcel map book. Ordinance 2015 Page 5

9 Snipe Sign. A temporary sign displaying a commercial message, placed on City property or the public right-of-way in violation of this chapter or other applicable law. Street banner. A sign made of material similar to heavy canvas or reinforced plastic, attached to poles or buildings, and suspended over a City street or sidewalk from time to time. Street Frontage. The linear foot width of a building site or parcel of land along or fronting on a street or other principal thoroughfare. Temporary sign. A sign which, by its physical nature, is not suitable for long-term display. Temporary signs are typically made of lightweight or flimsy material, and can be easily installed with ordinary hand tools. Any sign which is within the definition of structure in the Building Code is not within this definition. The definition also includes signs mounted on permanent structures, such as windows, walls, or fences, but which may be on display only for a limited period of time. Such signs include, but are not limited to noncommercial signs, campaign signs, temporary promotional advertisements including grand opening, under new management and seasonal or other special event advertisements that are displayed outside a business. Traditional public forum. The surfaces of City-owned streets, City-owned parks during the hours that they are normally open to the public, and sidewalks that connected to the City s main pedestrian circulation system. In consultation with the City Attorney, the Director of Public Works shall interpret this phrase for compliance with court decisions. Valance. The vertical face or flap of a canvas awning that hangs down or is stretched down at the leading edge of the awning and is frequently used for a painted sign identifying the business in a building to which the awning is attached. Wall Sign. Any single-faced sign, including a painted sign or a sign comprised of individual letters, which is attached to the wall of a building or face of a structure and parallel to the building or structure. Window Area. Total combined area of all window surfaces for a single building, area of door windows excluded. Window Sign. A sign maintained in or painted upon a window, which is intended to be viewed from outside the building. It does not include merchandise offered for sale on such premises. Chapter Regulatory Sign Ordinance Title, Authority, Purpose, Scope General Provisions General Sign Regulations Sign Permit Requirements and Process Prohibited Signs Exempt Signs Allowed Without a Sign Permit Temporary Signs Ordinance 2015 Page 6

10 Residential Uses and Districts Non-Residential Uses and Districts Planned Sign Program Nonconforming Signs Enforcement Title, Authority, Purpose, Scope A. Title. This chapter shall be known as the City of San Pablo Regulatory Sign Ordinance. B. Authority. This chapter is enacted pursuant to the following provisions of state law: the California Constitution, Article XI, Section 7; Government Code Sections et seq., 65850(b), 38774, 38775; Business and Professions Code Sections 5200 et seq. and 5490 et seq.; Civil Code Section 713; Penal Code Section 556 et seq.; and the City s inherent police and zoning powers. C. Purpose. This chapter sets forth a comprehensive system for the regulation of signs which are within the corporate limits of the City. This chapter governs the number, size, type, location, and physical aspects of signs. By adopting this chapter, the City Council intends to serve and advance various public and governmental interests, which include, but are not limited to, the following: 1. To protect the right to free speech by the display of protected message(s) on a sign, while balancing this right against public interests; to balance the community interests against the free expression rights protected by the First Amendment to the U.S. Constitution and corollary provisions of the California Constitution; to regulate signs in a manner consistent with the U.S. and California constitutions, which is content neutral as to non-commercial speech and which does not favor commercial speech over noncommercial speech; and to provide opportunity for all persons, businesses, establishments and institutions adequate opportunity to express their message to the public by way of display of images on signs, in a manner that is consistent with community interests; Plan; 2. To implement the sign-related goals, strategies and policies of the General 3. To reduce hazards that may be caused or worsened by driver and pedestrian distraction caused by signs, especially those projecting over public rights-ofway or near roadway intersections or interfere with ingress and egress, 4. To preserve and enhance the aesthetic and environmental values of the community, while at the same time providing adequate channels of communication to the public; 5. To reduce excessive and confusing sign displays; Ordinance 2015 Page 7

11 6. 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; 7. To safeguard and improve property values; 8. To reduce visual shouting matches, visual clutter and pollution by setting reasonable time, place and manner limits on sign displays, which apply equally to all persons who are similarly situated; 9. To protect the peaceful, quiet, residential nature of neighborhoods from intrusion or degradation by inappropriate commercial signage, to protect and enhance property values, and to encourage clean economic activity through the regulation of such elements as size, number, location, design and illumination of signs; 10. To protect public and private investment in buildings and open spaces; 11. To state and enforce city policies regarding new billboards; 12. To promote the public health, safety and general welfare; 13. To ensure that commercial signs are accessory or auxiliary to a principal business or establishment on or near the same premises, rather than functioning as General Advertising (advertising for hire); and D. Scope. This chapter regulates signs which are within the legal corporate limits of the city, but not on city property or in the public right of way. Such signs on city property, public right of way, and private property leased or contracted to City for signage purposes, are controlled by chapter Signs on property that is owned by public entities other than the city and its affiliated agencies, and over which the city exercises land use regulatory authority, are regulated by this chapter If the city council creates any zoning overlay or approves a use permit, any sign rules in such overlay zoning district or use permit will prevail over contrary or conflicting provisions of this chapter. This chapter is regulatory; it does not abrogate, override, limit, modify or nullify any easements, covenants, leases or other existing private agreements that are more restrictive than this chapter. This chapter does not modify state or federal laws pertaining to the regulation or display of signs. E. Interpretation. This chapter is to be interpreted so that the result is consistent with the goals and policies of the General Plan and the requirements of the First Amendment General Provisions A. Compliance Required. Signs may be erected, installed or displayed only in compliance with this chapter. Unless explicitly exempted from the sign permit requirement, it is unlawful for any sign to be displayed without first obtaining a sign permit for a sign or planned sign program, subject to design review approval, and a building permit if required. A sign that is exempt from the sign permit requirement may still be subject to other requirements and restrictions set forth herein, and other permit and legal Ordinance 2015 Page 8

12 approvals, including those required by governmental or regulatory agencies other than the City. B. Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the sign operator (if different from the sign owner), all parties holding the present right of possession and control of the property on which a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent of the owner and/or other parties holding the legal right to immediate possession and control. C. Violations. When a sign is displayed in violation of the rules of this chapter, or in violation of other applicable laws, rules, regulations, or policies regarding signs, each day is a separate violation. D. Interpretations. The Development Services Manager, or such person designated by the City Manager, shall interpret this chapter as the need arises; such interpretations may be appealed first to the Planning Commission and then to the City Council. All interpretations are to be made in light of the policies of message neutrality and message substitution, and the overall purposes and intent of this chapter. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a structure as defined in the Zoning Code or the Building Code, then the Manager shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated or prohibited by this chapter, in light of the principles stated in this section. E. Message Neutrality. It is the City s policy and intent to regulate signs in a manner consistent with the U.S. and California Constitutions, and which is content-neutral as to protected noncommercial speech. F. Message Substitution. Subject to the property owner s consent, a constitutionally protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval, permitting, registration or notice to the City. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. Any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message; provided, that the sign structure or mounting device is legal without consideration of message content. This message substitution provision does not: (1) create a right to increase the total amount of signage on a parcel, lot or land use; (2) affect the requirement that a sign structure or mounting device be properly permitted; (3) allow a change in the physical structure of a sign or its mounting device; (4) authorize the substitution of an off-site Ordinance 2015 Page 9

13 commercial message in place of an on-site commercial message or in place of a noncommercial message; 5) authorize the conversion of an on-site commercial sign to full or part time use as general advertising for hire; or 6) authorize the conversion of a static image display to a different technology for display of image, such as digital display. However, whenever a given parcel or land use has not used all of its permittable sign area, then the unused portion may be exercised for the display of signs displaying noncommercial messages; in such a case, a permit is required only if the sign qualifies as a structure which is subject to a building permit under the Building Code. G. Discretionary Approvals. Whenever any sign permit, variance, conditional use permit, sign program, or other sign-related decision is made by any exercise of official discretion, such discretion shall be limited to the non-communicative aspects of the sign, as defined herein, architectural compatibility of the proposed sign with the surrounding area, and other factors listed in this chapter. When discretion is authorized, it may be exercised to the following factors, as applicable: style or character of existing improvements upon the site and lots adjacent to the site; construction materials and details of structural design; the number and spacing of signs in the area; the sign s display area, height, and location in relation to its proposed use; the sign s relationship with other nearby signs, other elements of street and site furniture and adjacent structures; form, proportion, and scale; potential effect of the proposed sign on driver and pedestrian safety; potential blocking of view (whole or partial) of a structure or facade or public view of historical, cultural or architectural significance; potential obstruction of views of users of adjacent buildings to side yards, front yards, open space, or parks; and potential negative impact on visual quality of public spaces. Discretion may not be exercised as to the graphic design or message content of the subject sign; however, graphic design themes, including color and coverage ratios, may be evaluated for sign programs pursuant to section , but then only as to commercial messages on signs within the area subject to the sign program. H. Prospective Regulation. This chapter applies to signs that may be proposed or erected in the future, including those for which applications may be pending or anticipated at the time of adoption of this chapter. It also applies to existing signs which are not legal under prior law. All existing, permanent, legal signs may continue in use, provided that any change in use must comply with this chapter. All signs set forth in Section shall be abated as set forth therein. I. On-Site/Off-Site Distinction. Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial speech messages. It does not apply to signs displaying noncommercial messages or messages providing factual direction information. J. Non-communicative Aspects. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. Ordinance 2015 Page 10

14 K. Legal Nature of Sign Rights and Duties. As to all signs attached to real property, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted, installed or displayed. A sign permit is an official authorization of legal right to a certain use of a particular parcel of land; it is not a certificate of ownership. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases (so long as they are not in conflict with this chapter or other applicable law), or the ownership of sign structures. This provision does not apply to temporary hand-held signs or visual images which are aspects of personal appearance. This provision does not prevent a sign owner from removing a sign structure from a given location and installing it in another location, so long as all thencurrent legal requirements applicable to the new location are satisfied. L. Owner s Consent. No sign may be placed on private property without the consent of the legal owner of the property owner and all persons holding the present right of possession and control. Nothing in this chapter is intended to, or shall be interpreted to override any sign restriction provisions in private agreements, such as leases or CCRs (covenants, conditions and restrictions) in Homeowners Association agreements. M. Signs as Accessory Uses. Unless otherwise provided herein, permanent structure signs displaying commercial messages are to be accessories to, auxiliary to, or appurtenant to another main, principal or primary use on the same parcel. N. Policy Regarding New Billboards. The City completely prohibits the construction, erection or use of any new billboards and off-site commercial signs without complying with the provisions of this chapter. No existing, legal billboard may be converted to digital display, electronic changeable image sign, or to function as a message center as that term is defined in Business and Professions Code section This provision shall control over any other more specific provisions to the contrary within this chapter, provided that this billboard policy applies only within the regulatory scope of this chapter; it does not apply to signs formally authorized by City or the Local Successor Agency (LSA) on city or LSA-owned, leased or controlled property. This policy does not affect existing, legal billboards, or prevent relocation agreements, as authorized by Business and Professions Code Section 5412, so long as such agreements are not contrary to other applicable law. This policy does not prohibit permanent directional signs which are under four square feet in area or otherwise conform to the current edition of the Manual of Uniform Traffic Control Devices. Violation of this policy is declared to be a public nuisance which may be abated by any method authorized by law. In adopting the no new billboards provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. Ordinance 2015 Page 11

15 O. Mixed Use Zones. In any zoning district where both residential and nonresidential land uses are allowed, the sign-related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows: residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. P. The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person erecting or owning any sign, for personal injury or property damage resulting from the placement of such sign, or resulting from the negligence or willful acts of such person, its agents, employees, or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under this chapter; nor shall it be construed as imposing upon the city or its officers or employees any responsibility or liability by reason of the approval of any signs, materials, or devices under the provisions of this chapter General Sign Regulations The provisions set forth in this chapter shall apply in all zoning districts except where otherwise expressly provided. A. Structural Requirements for Freestanding Signs. All structural regulations, building permit fees, and other regulations of the latest edition of the Uniform Building Code as adopted by the San Pablo Municipal Code, shall be and are expressly made applicable to signs. The structural safety of freestanding signs shall be computed on the same basis as building permits provided for in the building code. The determination of value or valuation under any provision of this chapter shall be made by the development services manager. B. Utility Clearance. The owner of any sign shall maintain legal clearance from communications and electrical facilities. Notwithstanding any other provisions of this chapter, no sign shall conflict with any rule, regulation or order of the California Public Utilities Commission pertaining to the construction, operation and maintenance of public utility facilities. C. Compliance with Uniform Codes. All signs erected, installed, located or maintained in the city must comply with all structural provisions of the most recently adopted Uniform Sign Code, Uniform Building Code and National Electrical Code. D. Compliance with Other Approvals. A sign shall conform with all other applicable laws and to any regulations or conditions contained in any applicable county or state approval. E. Sign Content of Signs. The message content of on-site commercial signs shall be limited to the name and primary use of the business and shall be designed and located to be viewed primarily from the immediately surrounding streets. F. Preventing Ingress or Egress. No signs shall be erected, relocated or maintained so as to prevent free ingress to, or egress from, any door or window or any fire escape. No sign shall be attached to a standpipe, gutter drain, or fire escape. Ordinance 2015 Page 12

16 G. Projections of Signs into Public Right-of-way. Wall mounted signs shall not project more than six (6) inches into a public right-of-way except where allowed by an adopted sign program pursuant to Section Projecting signs and signs attached to a marquee, blade signs, awnings or canopies may project more than six (6) inches into a public right-of-way, subject to Subsection C. H. Vertical Clearance. Unless provided otherwise, the minimum vertical clearance of a sign shall be eight (8) feet. It shall be measured from the lower edge of the sign to the ground immediately below such edge. I. Maintenance by Owner. 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 the sign. The chief building official or code enforcement officer shall require compliance or removal of any sign determined to be in violation of this subsection. The premises surrounding the sign shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all noxious substances, rubbish and weeds. J. Monument signs. A monument sign shall not be located on a parcel less than 5,000 square feet in size Sign Permit Requirements and Process Except as set forth herein, it shall be unlawful for any person, firm, corporation, partnership or other legal entity to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within the City of San Pablo without first obtaining a sign permit to do so, and paying the appropriate fees prescribed therefore. All signs must be built and installed in conformance with the terms and conditions of the permit. A. General requirement. No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under section The development services manager may require the removal, modification or relocation of an existing sign as a condition of sign permit or temporary sign permit approval if: (1) the proposed sign would be located on a site with an existing sign violation; or (2) the approval of the sign permit or temporary sign permit would result in a violation of the sign regulations. B. Sign permit for permanent sign. A sign permit is required for a permanent sign including but not limited to the following types: wall sign, monument sign, shingle sign, multiple-story office sign. C. Temporary sign permit. Except as set forth in Section A, a temporary sign permit is required for a temporary commercial sign. No permit is required for temporary noncommercial signs, but such signs must comply with section B. D. Design review of signs, pursuant to Chapter 17.62, is required for all signs that require a sign permit. Design Review shall be conducted by Development Services Planning staff or the Planning Commission, as set forth in Section , subsection B of this code. Prior to approving an application for design review, the following findings must be made: Ordinance 2015 Page 13

17 1. That the proposal is consistent with the San Pablo General Plan, Title 18, Signs, and Title 17, Zoning, of this code; 2. That the design of the proposal is appropriate to the City, the neighborhood and the lot in which it is proposed; 3. That the design of the proposal is compatible with its environment with respect to use, forms, materials, setbacks, location, height, design, or similar qualities; 5. That the proposed signs and sign programs are consistent with any adopted sign design guidelines; 6. In exercising its discretion, the decision-maker shall factor in the criteria set forth in Section G. E. Right to Permit or Display. When any permit application fully complies with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, and such laws, rules and regulations are not changed within the review period, then the permit shall be approved and issued within the required time. In the case of signs which are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to the applicable rules. F. Exemptions Alterations. Signs legally existing prior to the effective date of the ordinance codified in this chapter are subject to a permit requirement only when a structural alteration is made, or the sign area is enlarged. No permit is required when only the sign face is changed, and the message continues to qualify as noncommercial or onsite commercial. In the case of such structural alterations or expansion, or electrical changes, a permit is required. G. Application for Sign Review. Any person seeking a permit for a sign, for which review is required, shall submit to the development services manager a written application for such sign review. The development services manager shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. H. Application Format and Fee. 1. Persons wishing to submit application materials in electronic form may consult with City staff about acceptable file formats and other technical requirements. 2. A complete permit application shall be accompanied by a nonrefundable fee in an amount set by resolution of Council. I. Application Information. The application form may call for the following information: 1. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Ordinance 2015 Page 14

18 2. Three sets of a site plan indicating the position of the sign or awning in relation to the structures and other exterior improvements on the same parcel, with the linear frontage of building sides shown. 3. Three sets of dimensioned plans, elevations and specifications showing the sign(s) and/or awning(s), method of construction, method of attachment to the building or in the ground, and a description of all materials. Plans need not be larger than eight and one-half by eleven inches if proper detail is shown. At least one set of the dimensioned plans must be in color. 4. If the proposed sign is a new, freestanding structure, a site survey prepared and signed by a civil engineer or land surveyor with currently valid registration in the State of California. 5. One set of photographs that show the site and location of the proposed sign(s) and/or awning(s) on the site, and each property immediately adjacent to the proposed site for context and placement and evaluation of impact, including impairments to visibility, to the neighboring properties. 6. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and the exact location on the face of the building. 7. When the area of the sign exceeds twenty-five square feet and the height of the sign exceeds six feet: structural plans and details, including calculations, for signs supported by existing structures, prepared and signed by civil or structural engineer, or architect, with currently valid registration in the State of California. 8. For new sign structures with pier or pile foundations, a soils report prepared and signed by a soils engineer, or civil engineer, or geotechnical engineer, with a currently valid registration in the State of California. 9. Electrical plans. 10. A statement by the owner of the proposed sign as to whether the sign is to display commercial messages, noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be on site or off site, and whether the sign will be used for general advertising. 11. A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; digital display technology; live animals or living persons as part of the display; mannequins or statuary. 12. A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject Ordinance 2015 Page 15

19 of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application. 13. Written evidence of all owners consents, such as land owner or lessor. 14. In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process. 15. The development services manager is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty days public notice. J. Completeness. The development services manager shall determine whether the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing within thirty days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one opportunity, within thirty calendar days, to submit additional information to render the application complete; failure to do so within the thirty-day period shall render the application void. In such case, the application fee is not refundable. K. Disqualification. No sign permit application will be approved if: 1. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or nonpermitted sign has not been legalized, removed or a cure included in the application; 2. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application; 3. The sign application is substantially the same as an application previously denied, unless: (a) twelve months have elapsed since the date of the last application, or (b) new evidence or proof of changed conditions is furnished in the new application; or 4. The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application. L. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the development services manager s written notice of determination shall specify the grounds for such denial. M. Signs Which Are Part of a Larger Project. Permit applications for sign programs as part of planned commercial, office-professional and industrial development shall include the above information as part of a site development plan. When approval is sought for a Ordinance 2015 Page 16

20 development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. All such applications are subject to design review. N. Revocation or Cancellation. The development services manager may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirement of this chapter, after written notice of noncompliance and at least fifteen calendar days opportunity to cure. The notice and opportunity to cure do not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety. O. Permits Issued in Error. In the event that a sign permit is issued, and the issuance is found to be in error at any time before substantial physical work on actual construction has been accomplished, then the permit may be summarily revoked by the City simply by giving notice to the permittee; such notice shall specify the grounds for revocation. In such event, the applicant may reapply within 30 calendar days for a new permit, without paying a new application fee. P. Other Sign-Related Decisions. Challenges to or appeals of sign-related decisions, other than approval or denial of a sign review or permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and state the matter challenged and the grounds therefor. Such appeals shall use the same form as other zoning appeals. Q. Conditional Approval. A sign permit may be approved subject to conditions, so long as those conditions are allowed by this chapter or some other applicable law, rule or regulation. R. Safety Codes. When a sign qualifies as a structure under the Building Code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits. S. Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant s application form, and shall state the grounds for denial. T. Timely Decision. Other than initial review for completeness, at each level of review or appeal, the decision shall be rendered in writing within sixty calendar days. The time period begins running when the application is complete (or is deemed complete because no notice of incompleteness has been given), or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the lower level decision shall be deemed affirmed. U. Appeal. Any decision on a sign permit application, or any other sign-related decision, may be appealed by any affected or interested person. Appeals go first to the Planning Commission, and then if the appellant is still not satisfied, to the City Council, after which judicial review may be sought. V. When Appeal Right Arises. The appeal right arises at the earlier of: (1) whenever a written decision is delivered to the application; or (2) the time for decision has run Ordinance 2015 Page 17

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