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HomeMy Public PortalAboutOrdinance 1167ORDINANCE NO.1167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 17.07 "SIGNS", OF THE BEAUMONT MUNICIPAL CODE. WHEREAS, the City Council desires to amend the Signs section of the Beaumont Municipal Code to clarify language and comply with current case law; and WHEREAS, the City has proposed to amend Chapter 17.07 "Signs" to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on September 27, 2023; and WHEREAS, the Planning Commission recommends that the City Council approve the proposed amendments to the Municipal Code Chapters; and WHEREAS, following the Planning Commission's recommendation, the City Council has approved the amendment to Chapter 17.07 "Signs" to establish consistent standards for noncommercial signage and electronic signs in the Beaumont Municipal Code; and WHEREAS, duly noticed public hearing was conducted on this matter as required by law by the City Council on October 3, 2023; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above; THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds that the amendment to Chapter 17.07 "Signs" to establish consistent sign standards in the Beaumont Municipal Code, is consistent with the adopted policies in the Beaumont Municipal Code and the General Plan of the City of Beaumont. SECTION 2: The amendment of Chapter 17.07 "Signs", attached hereto as Exhibit "A", is hereby approved. SECTION 3: The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.. SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. MOVED AND PASSED upon first reading this 171h day of October, 2023, by the following roll call vote: AYES: White, Voigt, Lara, Fenn, Martinez NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this 71h day of November, 2023, upon second reading by the following roll call vote: AYES: White, Voigt, Lara, Fenn, Martinez NOES: ABSTAIN ABSENT: Attest: Nico'e Wheelwright, De ►ty City Clerk Approved as to form': John O. Pinkney, City Attorney Chapter 17.07 - SIGNS 17.07.010 - Purpose, needs, and goal interest served. It is the purpose of this Chapter to make the City attractive to residents, visitors and commercial, industrial and professional businesses while maintaining economic stability and vitality through an attractive signing program. A. Recognition of Needs, Goals. The City recognizes the need for signs as a means to identify businesses and other necessary and beneficial activities within the community. The City finds that signage is an important design element of the physical environment. Provisions consistent with the goals and objectives of the community are necessary to ensure that the special character and image that the community is striving for can be attained while serving business and other needs in the community. The City is striving to provide an economically stable and visually attractive community through high quality site planning, building designs, landscaping and signage. As a planned architectural feature, a sign can be pleasing and can harmonize with the physical character of its environment. Proper controls can achieve this goal and will make the City a more attractive place to live, work and shop. B. Interests Served. The City enacts this Chapter to serve many important governmental, City and community interests, which include but are not limited to: community aesthetics and the promotion of the visual appeal of the City, promotion of economic activity, and the promotion of safety for motorists and pedestrians. C. Authority. The City enacts this Chapter pursuant to the authority granted by the State Legislature and codified as Government Code section 65850, and federal laws, including such provisions requiring the display of specified signs or information. 17.07.020 - Objectives. The objectives of this section chapter are: 1. To provide a reasonable system of controls for signs, to ensure the development of a high quality visual and functional environment; 2. To encourage signs which are well designed and pleasing in appearance; 3. To preclude potential traffic and safety hazards through good signing; 4. To regulate signs in a manner consistent with the General Plan; To regulate signs in a manner consistent with the free speech rights guaranteed by the First Amendment to the United States Constitution and the liberty of speech and related provisions of the California Constitution; and 6. Recognize that commercial and residential areas within the City have different regulatory needs due to their inherent characteristics and may require different sign regulations based on the respective land uses, and that aesthetic impacts based on sign size, illumination, and placement may create a greater public nuisance in residential neighborhood areas than in commercial areas. 17.07.030 - Basic policies The policies stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Enforcement Authority. The Community Development Director is authorized and directed to enforce the provisions of this Chapter. The Director may designate one or more representatives of the department to implement the provisions of this Chapter. B. Permits When Required. No sign may be constructed, mounted, or displayed in the City unless the same is duly permitted pursuant to this Chapter, or is exempt from permitting, either pursuant to this Chapter or by other applicable law. In addition to the requirements of this Chapter, all signs constructed, mounted or displayed within the City must also satisfy all applicable safety codes (building, electrical, plumbing, grading, etc.) and all applicable requirements of other bodies of law. C. Message Neutrality. It is the City's policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. Notwithstanding the remaining sections in this Chapter, this Chapter shall in all instances be administered and enforced to be consistent with the law established by the Supreme Court in Reed v. Town of Gilbert (2015) 576 U.S. 155. The Director is authorized to grant administrative variances as necessary to ensure that this chapter is administered in a manner consistent with Reed v. Town of Gilbert. Furthermore, no enforcement of this Chapter shall occur without the Director's review and approval that such enforcement would not be impermissibly content based and would be consistent with federal and state constitutions and laws. D. Message Substitution Policy. Subject to the landowner's consent, any noncommercial message may be substituted, in whole or in part, for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or any favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; it does not allow the substitution of an offsite commercial message in place of an onsite commercial message, and it does not affect the requirement that a sign structure or mounting device be properly permitted and maintained. E. Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City's message neutrality policy and message substitution policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. F. Rules for Non -Communicative Aspects of Signs. All rules and regulations concerning the non -communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. G. Billboard Policy. Prohibition: The City Council finds that the City already has a sufficient number of Billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional Billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any Billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted, except for the relocation of existing Billboards pursuant to this section 2. Relocated Billboards: Notwithstanding any other provision of this chapter, upon entry into a relocation agreement with the City in accordance with California Business and Professions Code Section 5412, the owner of an existing Billboard within the City may convert a static copy Billboard to an electronic Billboard, subject to approval of a permit application pursuant to Section 17.07.060 and subject to the requirements of Chapter 8.50 (Outdoor Lighting) of the Beaumont Municipal Code. Such agreements may be approved by resolution of the City Council upon terms that are agreeable to the City, pursuant to administrative guidelines, as adopted by a City Council resolution. The execution of a relocation agreement shall not operate to change the status of any Billboard as a nonconforming use for the purpose of this code. H. Mixed or Multiple Use Zones. In any zone where both residential and non-residential uses are allowed, whether such zones are now existing or created in the future, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential zone where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. I. Owner's Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is constructed, mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. J. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign -related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter unless stricter than this Chapter), or the ownership of sign structures. K. Preservation of Existing Rights and Duties. This Chapter does not abrogate or supersede any easements, covenants, or other existing agreements that are more restrictive than the provisions of this Chapter. L. Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, or in specific plans of land uses, when approved as required by applicable law, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other non -communicative aspects of signs, but may not override or modify any of these basic policies unless stricter than these basic policies. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. M. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted this Chapter even without any portion, which may be held invalid or unenforceable. 17.07.040 - Categorization of signs. For purposes of this Chapter, signs within the City shall be classified in one or more of the following categories: A. Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement. B. Banner Sign. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed. C. Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any Billboard Sign may be replaced with noncommercial copy. D Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite. E. Directional Sign, on -site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). F. Electronic Message Center. Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign. G. Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities. H. Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages. I. Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building. J. Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. K. Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. L. Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. M. Monument Sign. A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view. N. Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following: (1) advertise a product, business or service for profit and/or a business purpose; or (2) relate solely to economic interests. Noncommercial signs are not considered either off -site or on -site signs. O. Off -site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located. P. On -site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises. Q. Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby. R. Permanent Sign. A stationary sign permanently attached to the ground or to a structure. 4 S. Pole or Pylon Sign. A sign with an overall height exceeding six (6) feet and supported by one or more poles or pylons attached directly into or upon the ground. T. Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs. U. Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways. V. Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information: (1) that the property is for sale, lease, rent or exchange by the owner or his or her agent; (2) the property is in escrow or there is an "open house"; (3) directions to the property; and (4) the owner's or agent's name, address and telephone number. W. Revolving Sign. A sign or a portion thereof, which rotates or revolves. X. Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. Y. Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on -site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations. Z. Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location. AA. Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall. BB. Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building. 17.07.050 - Definitions. For purposes of this Chapter, the following words and phrases have the meanings stated in this section. A. Administrator. Same as Director. B. Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance. C. Area of Sign. The area of a sign shall be calculated by multiplying the width by the length of the sign face. In the case of a two-sided sign, the area shall be computed as including only the largest single sign face. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign. D. Commercial Complex. Any group of three or more commercial uses on a parcel or combination of contiguous parcels which are generally served either by common access or common parking, or a large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage. E. Commercial message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages. F. Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means. G. Development. A building or buildings wherein two or more separate independently owned or operated establishments are located. H. Director. The City's Community Development Director. I. Establishment. Any non-residential use of land involving permanent structures or buildings. J. Face of Building. The wall of a building, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases of decorations, but including any required parapet wall. K. Frontage. The length of a lot along a street or other principal public thoroughfare, but not including such length along an alley, railroad or freeway. L. Frontage of the Parcel. On a lot with more than one frontage on a public street, the front footage of the parcel shall be determined by the measurement of the larger or largest frontage on a public street. M. Height of a sign. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially alter the height of a sign. N. Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area. O. Landscaped Planter. An area specifically designated for plant materials that may be at, below or above grade. P. Line of Sight. The point of visibility from the street to an object, e.g., sign. The longer the line of sight, the further the sign is visible from the street. Q. Noncommercial message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages. R. Office Complex. Any group of three or more office uses on a parcel or combination of parcels that are generally served either by common access or common parking. S. Primary Street Frontage. The street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one primary street frontage subject to approval of the Planning Department Where no single street frontage can be identified as the primary street frontage, or in cases of dispute as to which street frontage is the primary street frontage, the Planning Director shall designate the primary street frontage in conjunction with the review of proposed signs. T Relocated Billboard. An existing Billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static Billboard face with an electronic message center. The relocated Billboard is not considered a new Billboard. U. Secondary Street Frontage. A street frontage other than a primary street frontage. V. Shopping Center. Same as commercial complex. W. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of "sign" for regulatory purposes of this Chapter: a. Interior signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal; b. Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts); C. Symbols embedded in architecture: Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; d. Personal appearance: Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots); e. Manufacturers' marks: Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; f. Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter; g. Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City; h. Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel; i. Gravestones or grave markers; and j. News racks and newsstands. X. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display. Y Uniform Sign Program. A detailed set of plans, specification and other information for signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses accompanied by drawings to scale as set forth in Section 17.07.060 C. Z. Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart. 17.07.060 -Administration, permits, and appeals. A. Sign Permit Required. A sign permit shall be required prior to the placing, erecting, moving or reconstructing of any sign in the City, unless the subject sign is expressly exempted from the permit requirement by this Chapter or other applicable law. Signs requiring a permit shall comply with the provisions of this Chapter and all other applicable laws and ordinances. 7 B. Permit —Method of Application. An application for a sign permit shall be made on forms as prescribed by the Director. Such an application shall be filed with the Planning Department. The application shall be accompanied by any fees or bonds as specified by City Council resolution. C. Permit Application —Contents. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including: 1. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan. 2. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building. 3. Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five (5) square feet and the height of the sign exceeds six (6) feet. 4. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite. D. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 30 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign. E. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the City Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the City Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision. F Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure section 1094.8. 0 G. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial. H. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure. I. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation. J. Interpretation of Provisions. Whenever the application of this Chapter is uncertain, the Director may refer the matter to the Planning Commission for determination. All interpretations are to be made in light of the Basic Policies section (17.07.030) of this Chapter. K. Variances. Applications for a variance from the terms of this Chapter shall be reviewed by the Planning Commission according to the variance procedures set forth in the Zoning Ordinance; however, variances shall be considered without reference to the proposed content, copy, or message of the proposed sign (other than the onsite/offsite distinction for commercial messages). L. Uniform Sign Program. All applications for approval of signs in a commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of Uniform Sign Program accompanied by plans as set forth in Section 17.07.060 C. M. Motorists' Line of Sight. All sign locations shall be safe for traffic sight purposes. A sight distance study may be required with each monument or pylon sign being proposed in the Uniform Sign Program when located next to any right-of-way, sidewalk, driveway, or as designated by the Community Development Director. N. Program Approval. All sign programs shall be filed and reviewed as provided in this Chapter. Such Uniform Sign Programs shall be developed in full compliance with the requirements of this Chapter. No sign shall be installed which does not conform to the approved Uniform Sign Program. 17.07.070 - General provisions. A. Interpretation. This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. 2. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign owner, or otherwise, shall also be interpreted to allow noncommercial messages on the sign. 3. No part of this chapter may be construed to favor commercial messages over noncommercial messages. 4. To the extent any provision of this chapter is ambiguous, the terms shall be interpreted not to regulate on the basis of the content of the message. B. Signs Exempt from Sign Permits. Subject to the qualifications and conditions stated in this section, the following signs are exempt from the application, permit and fee requirements of this Chapter. However, the exemption from the sign permit requirement does not exempt the proposed sign from uniform code permitting on Title 15, including but not limited to building, electrical, plumbing and grading permits. Permanent window signs not exceeding four (4) square feet and limited to business identification, hours of operation, address and emergency information only. 2. Commercial temporary signs used to direct persons to open houses and real estate sales as provided in Section 17.07.080.B(1). 3. Commercial temporary signs for construction or remodeling sites as provided in Section 17.07.080.B(4). 4. Commercial temporary signs for future tenant identification as provided in Section 17.07.080.B(5). 5. Directional signs, on -site, not to exceed three (3) square feet in sign area. 6. Residential building identification signs used to identify individual residences and not exceeding two (2) square feet. 7. Official and legal notices issued by the court, public body, person or officer in performance of his public duty or in giving any legal notice. 8. Directional, warning, identification, or informational signs or structures required or authorized by law or by federal, State, County or City authority. 9. Temporary Commercial flags on commercial, industrial, or agricultural properties as provided in Section 17.07.080.B(7). 10. Signs of public utility companies, indicating danger or which serve as an aid to public safety or which show location of underground facilities or public telephones. 11. Safety signs on construction sites. 12. Temporary Signs with noncommercial messages, except for special event signs as provided in Section 17.07.080.A. 13. On -site temporary window signs for any establishment displaying a commercial message in a commercial zone, and for commercial uses in industrial or industrial/business park zones when approved as part of a Uniform Sign Program as provided in Section 17.07.080.B(2). 14. Paper signs and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look. 15. Temporary signs with a commercial message for garage or yard sale signs are allowed without permit as provided in Section 17.07.080.B(3). 16. Commercial flags and banners in conjunction with approved residential subdivision sales office or a commercial sales or leasing office, or an industrial sales or leasing office as provided in Section 17.07.80.B(6). 17. Signs on the public right -of way as provided in Section 17.07.090(E). C. Prohibited Signs. The signs described in this subsection are prohibited, unless some other more specific provision in this Chapter or other applicable law makes them allowable, either by permit or exemption from the permit requirement. Roof signs; 2. Flashing signs, except time and temperature signs; 3. Animated signs; 4. Revolving signs; 5. Portable signs; 6. Off -site commercial signs on permanent structures; 10 7. Signs blocking doors or fire escapes; 8. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; 9. Banners, flags, pennants and balloons, except as allowed under subsection B above 10. Inflatable signs or signs designed to be air activated, floated or flown, including balloons used for commercial advertising purposes, kites or other serial signs that are made of any electrically conducive material; 11. Signs, posters and advertisements attached to utility poles; 12. Exposed raceways; and 13. Billboards, except for relocated Billboards. See 17.07.030(G). D Roof Signs. Roof signs may be used only in the event no other signing alternatives are available. Roof signs may be issued a permit by the Director if architecturally designed and built into the roof structure. Such design shall be compatible in design and materials with the building. E. Signs Related to Inoperative Establishments. Signs promoting activities or establishments which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 45 days after the premises has been vacated or the use abandoned. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this Chapter. F Enforcement, Penalties and Abatement. 1. Any violation of this Chapter shall be deemed to be a continuing violation until the violation has been corrected. 2. Violation of any of the provisions of this section shall constitute a nuisance and a Zoning ordinance violation. 3. Notwithstanding any other provision of this Chapter, the City Attorney, upon the direction of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any sign that is in violation of any of the provisions of this section. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees. 4 The owner or other person entitled to possession of a sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of the removal, storage and/or destruction of the sign and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees. 5. Any illegal sign within the public right-of-way is found and declared to be a public nuisance, and such sign may be abated by the City as follows: A. If the address of the owner or other person entitled to possession of the sign is known, notice of the City's intention to remove and destroy the sign, stating the date after which sign will be removed and destroyed, shall be mailed to the owner or other person entitled to possession by certified mail, return receipt requested at least ten days before the date. If the address of the owner or other person entitled to possession is not known, the notice shall be affixed in a conspicuous place on said sign at least ten days before the date. The notice shall also set forth the provisions of this section. B. The owner or other person entitled to possession of the sign may, before the removal date stated in the notice, file a written request for hearing with 11 the Planning Department. The request shall identify the sign and its location, state the name and address of the owner or other person entitled to possession and set forth in detail the legal basis as to why the sign should not be removed and destroyed. C If a request for hearing is filed under subsection b, the Planning Commission shall hear the matter at a regularly scheduled meeting held not more than 30 days thereafter. After the hearing, the Planning Commission shall determine whether or not the sign is an illegal sign within the public right-of-way. The written decision of the Planning Commission shall be rendered within ten (10) days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. Unless a notice of appeal is filed as provided for in this Chapter, the decision of the Planning Commission shall become final ten days after mailing. D. The owner or other person entitled to possession may file a notice of appeal with the City Clerk within ten days after the date of mailing of the Planning Commission's decision. If a timely notice of appeal is filed, the matter shall be heard by the City Council at a regular meeting scheduled not more than 30 days thereafter. After hearing, the City Council shall determine whether or not the sign is an illegal sign within the public right- of-way. The written decision of the City Council shall be rendered within ten days after the hearing and a copy of the decision shall be mailed to the owner or other person entitled to possession within seven days thereafter. The decision of the City Council becomes final ten days after mailing. E. Unless the owner or other person entitled to possession of the sign, on or before the removal date stated in the notice described in this section, files a written request for hearing with the Planning Department, the City may, at any time after said date, remove and destroy the sign. If a written request for hearing is filed then upon any final decision of the Planning Commission or the City Council determining that the sign is an illegal sign within the public right-of-way, the City may remove and destroy the sign. F. Notwithstanding any provision of this Chapter to the contrary, any illegal sign within the public right-of-way which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately and stored by the City, at the expense of the owner, or other person entitled to possession, pending completion of the notification and hearing procedures set forth in this section. G. Construction and Maintenance of Signs. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal, and city laws and regulations, including but not limited to the permitting requirements contained in Title 15 relating to Buildings and Construction. Every sign and all parts, portions and materials shall be maintained and kept in a first-class condition. The display surface of all signs shall be kept clean, neatly painted and free from rust, corrosion and graffiti. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other unmentioned or damaged portion of a sign shall be repaired or replaced within 30 days following notification by the City. Noncompliance with such a request will constitute a zoning violation and may be enforced as such by the city 17.07.080 — Temporary Signs. The following temporary signs are allowed: 12 A. Noncommercial Temporary Signs. Noncommercial temporary signs are not considered either on -site and off -site and are subject to the following regulations: ONCOMMERCIAL TEMPORARY SIGN$ *__A Sign Criteria Limitation Signs in Residential Zones, Legal Residential Uses, Commercial or Industrial Zones, and on Legal Commercial or Industrial Uses on Land One -Half (112) Acre or Less Sign Quantity: Not Limited Maximum Size of Any One Side 10 square feet (measured one side only): Maximum Area of All Signs Combined: 20 square feet Maximum Height: 6 feet Placement: Time limitations: Sign Permit Required: At least 5 feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days. No Signs in Commercial or Industrial Zones and on Legal Commercial or Industrial Uses on Land Over One -Half (112) Acre Sign Quantity: I Not limited Maximum Size of Any One Side 16 square feet (measured one side only): Maximum Area of All Signs Combined: 64 square feet Maximum Height: 8 feet Placement: At least 5 feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic Time limitations: Period not to exceed 60 days. Any time a temporary noncommercial sign is removed, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days. Sign Permit Required: No 13 B. Commercial Temporary Signs. Commercial temporary signs distinguish between on -site and off -site and are subject to the following regulations: Sign Criteria L Sign Quantity: Total Area Per Display Face: Total Display Faces: Maximum Height: Setback from Property Line: Time Limitation: Limitation or Rent (Signs on Residential Pro 1 sign per parcel or lot Not to exceed 8 square feet 2 5 feet At least 5 feet Shall be removed within 15 days of the sale, rental, or lease of the property Sign Permit Required: No (2) Real Estate Signs for Sale. Lease, or Rent (Suns on Industrial. Commercial or Agricultural Properties) Sign Quantity: 1 sign per street frontage (Exception: Where a Total Area Per Display Face: Maximum Height: Setback from Property Line: Fime Limitation: property has in excess of 600 linear feet of frontage, one (1) additional sign is permitted for each 600 linear feet of street frontage) Not to exceed 32 square feet 8 feet At least 10 feet Shall be removed within 15 days of the sale, rental, or lease of the property Sign Permit Required: I No (3) On -Site Temporary Window Signs Displaying a Commercial Message (Commercial zone, and for Commercial Uses in Industrial or Industrial/Business Park Zones When Approved as Part of a Uniform Sign Program) Window Area: viacement: 30 percent (on multi -story buildings, only the windows on the first floor may be counted), but in no event shall window signs exceed 150 square feet per street frontage First floor only on multi -story buildings 14 Sign Criteria Limitation I_ Maximum Height: 20 feet in height above finished grade on on story buildings Time Limitation: 45 days Sign Permit Required: (4) Gara ie and Yard Sale Signs Sign Quantity: Maximum Size: Placement: Time Limitation: Sign Permit Required: (5) Construction Signs Sign Quantity: (6) Zone: Maximum Size: Maximum Height: Placement: Time Limitation: No 3 3 square feet Placed on private property, and not in the public right-of-way or on utility poles Erected on the day of the event as permitted and removed at sunset of each such day. 2no 1 sign per project Any district 32 square feet (unless a larger sign is required by another body of law, in which case the smallest sign conforming to the law shall be used) 8 feet 1 Set back from the property line by at least 10 feet Removed at the earliest of issuance of certificate of occupancy, certificate of completion, or final inspection check off, or their functional equivalent or upon abandonment of project. Sign Permit Required: I No Future Tenant Identification Signs (Parcels 10 Acres or Lessl Sign Quantity: 1 per street frontage Maximum Area: 32 square feet 15 (7) bw in Sign Criteria Limitation Maximum Height: 8 feet Placement: Placed no less than 10 feet from any property line Time Limitations: Removed upon completion of project Sign Permit Required: No Future Tenant Identification Signs (Parcels Greater than 10 Acres) Sign Quantity: �1 sign for every 600 feet of street frontage Maximum area: 64 square feet per side Maximum Height: 15 feet Placement: Placed no less than 10 feet from any property line; placed along the freeway at 1,000-foot intervals, not to exceed 150 square feet in area per side and 20 feet in overall height Time Limitations: Removed upon completion of project No Sign Permit Required: (8) Commercial Fla -as and Banners for Real Estate Sales and Leasing With an Approved Residential Subdivision Sales Office or a Commercial Sales or Leasing Office. or an Industrial Sales or Leasing Office Sign Quantity: N Maximum Size: 15 square feet 15 feet Maximum Height: Displayed in the immediate vicinity of the Placement: sales/leasing office; not permitted within the public right-of-way. Flags shall be maintained in good condition; torn Time Limitations: or worn flags shall be replaced No Sign Permit Required: Additional Requirements: Residential subdivision office: Flags may be maintained as long as a valid operating permit for the sales office remains in effect; 16 Sign Criteria Limitation Commercial office or industrial sales or leasing office: Flags may be maintained until 75 percent of the spaces have been leased. (9) Commercial Flags on Commercial Industrial or Agricultural Properties (Property Less Than One Acre) Sign Quantity: 3 Maximum Height: 30 feet Maximum Area: 60 square feet (measured one side only) Sign Permit Required: No (10) Commercial Flags on Commercial. Industrial, or Agricultural Properties (Property One Acre or Larger) Sign Quantity: 6 Maximum Height: 30 feet Maximum Area: 60 square feet (measured one side only) Sign Permit Required: No C. Temporary Signs for Special Events. 1. A special event sign is a sign associated with a single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following: a) Commercial sales, including grand openings and pre- and post -holiday sales; b) Arts and craft shows, trade shows, antique shows, and other similar events; c) Carnivals, fairs, festivals, circuses, and similar activities; d) Outdoor shows, concerts, and exhibitions; e) Community events; and f) Annual events. 2. Special event signs shall be permitted when they comply with the provisions of this subsection. Applicants for a special event sign shall submit a letter to the director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same 17 appellate procedures, as an application for a sign permit. Special event sign permits are subject to the following regulations: Sign Criteria Sign Quantity: Maximum Area: Maximum Height: Zone: Time Limitation: Sign Permit Required: 17.07.090 - Signs permitted in all zones. Limitation 1 (may be in the form of a banner or pennant) 50 square feet in area (measured one side) 10 feet Any district Taken down with 7 days of the event Yes A. Permitted Signs. Generally, sign permits shall be issued for signs included under this section, provided the signs are in compliance with the regulations stated in this section, and all other applicable laws and ordinances. B. Special Event Signs. See 17.07.080.0 for applicable standards. C. Permitted Signs —On -site Subdivision Commercial Signs. Onsite subdivisions may display commercial signs which conform to the following: 1. One temporary on -site subdivision commercial sign not to exceed 64 square feet total for two sides or 32 square feet for each side and a total overall height of 15 feet may be permitted on each primary street frontage of the property being subdivided, not to exceed two such signs for all phases of any subdivision (interior streets of the subdivision are not recognized as a main street frontage). 2. Such commercial signs shall be removed within ten (10) days from the date of the final sale of the land and/or residences. 3. Such commercial signs shall be maintained in good repair at all times. 4. A cash deposit of $500.00 per sign shall be deposited with the sign application to ensure compliance with this section and removal of such sign. The deposit shall be refunded to the applicant upon sign removal by the applicant. If the City is forced to remove any signs, then the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer. D. Permitted Signs —Temporary Subdivision Commercial Directional Signs, On -Site. The following signs may be permitted in any zoning district subject to the provisions listed: 1. A maximum of six (6) signs may be used to lead customers to the site. 2. Commercial signs shall be no larger than 600 square inches and shall be grouped on a two-sided sign structure. The City may, from time to time, develop or amend the design details for this sign structure. 18 3. Such a commercial sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign may only contain the name of the subdivision, and a directional arrow. 4. The placement of each commercial sign structure shall be reviewed and approved by the Planning Director, who shall base the decision on non -communicative aspects of the sign. 5. Commercial signs placed on private property shall require the written consent of the property owner, to be filed with the Planning Director prior to issuance of a permit. 6. A sign location plan shall be prepared showing the site of each commercial directional sign, on -site and shall be submitted to the planning department prior to the issuance of a sign permit. 7. Any such commercial sign approved for a particular subdivision within the City shall not be changed to advertise another subdivision. 8. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenance added to the sign as originally approved. Further, no other directional signing may be used, such as posters or trailer signs. 9. All nonconforming subdivision commercial signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. 10. A $500.00 cash deposit shall be placed with the City to ensure compliance with this subsection. Any sign placed contrary to the provisions of this section may be removed by the City and the cost of removal shall be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer. 11. The commercial sign(s) may remain on display only until the subdivision is sold out. E. Signs on the Public Right -of -Way. Signs on the public right-of-way are limited to noncommercial messages. Temporary noncommercial signs may be displayed for a period not to exceed 60 days. Any time a temporary noncommercial sign is removed in the public right-of-way, it shall not be replaced by the same or other temporary sign for a period of not less than 90 consecutive days. Signs shall be placed a minimum of three (3) feet from edge of curb or street pavement if no curb exists and shall not obstruct pedestrian traffic or line of sight for vehicle traffic; no signs shall be placed in lawn areas, parks, medians, civic center, CRC, or other government buildings; signs shall not be attached to fences, traffic control posts, utility poles, or bus shelters; no signs shall be placed in grassy areas that are to be mowed or landscaped. Signs shall only be placed in areas identified in the map below. 19 OWTY Worl" Wvd In re l . -- oat vwey ft" G LP W.t st wax weets twaumonil Ave 1st Street Desert Lam 2nd Street Highland Springs 6th Street Oak Valley Pkwy+ Palm Ave W-*E OncA.r� A orch" A Mn.lee/ A NIgWwd u own A ....w. An Rim, i 3 -AMW rq t ■ heave Mvf Lwms Linda UWwrsity, UC RW&gda County of RkwAda, tali[orNa Stw Pa sr Ey HERE. Gwmin, SaieGraph GeoTechndcOK irrt, iNUVNASA, USG! , SuM6,'ai Land Management, EPA, NP$ USDA Euk NASA, NGA, USES, OMA 20 17.07.100 - Signs in recreation, open space, residential and agricultural zones. A. R-C (Recreation -Conservation) Zone. Signs in the R-C Zone shall be limited to commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter and the following signs for commercial recreation uses, subject to approval of a Uniform Sign Program as described in Section 17.07.060.L. One Monument Sign for each street frontage, limited to five (5) feet in height and 32 square feet in size. 2. Building mounted signage not exceeding ten (10) percent for any building wall. B. Residential Zones. The following signs shall be permitted in residential zoning districts: 1. Single -Family Residential Zone (R-SF). Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1), and noncommercial temporary signs per Section 17.07.080.A. 2. Multi -Family Residential Zone (R-MF). Commercial temporary signs in accordance with Section 17.07.080.B(1) of this Chapter. A maximum of two signs indicating the name of the multiple -family dwelling, apartment or dwelling group shall be permitted. Such signs may include Monument Signs not exceeding six (6) feet in height and/or wall - mounted signs. The total area of each sign shall not exceed four (4) square feet for less than 12 units, or 12 square feet for 12 or more units. Signs attached to the wall of the building shall not extend above the roof or eave line. Such sign may project 12 inches maximum from the building face. Identification signs may be illuminated, either internally or externally; provided, that all lights are directed away from public rights -of -way and adjacent properties. C. An illuminated directory sign shall be provided at each entrance of all multi- family complexes with more than 12 dwelling units. Directory signs shall provide a diagrammatic representation of the complex in accordance with the requirements of the Fire Department d. Noncommercial temporary signs per Section 17.07.080.A of this Chapter C. Rural Residential (R-R) Zone. 1. Commercial temporary signs and identification signs in accordance with Section 17.07.080.B(1) of this Chapter. 2. Signs for produce sales, subject to approval of a Uniform Sign Program in accordance with Section 17.07.060.E of this Chapter. 3. Noncommercial temporary signs per Section 17.07.080.A of this Chapter. D. Traditional Neighborhood Residential (R-TN) Zone. The R-SF Zone sign standards shall apply to single-family dwellings, and the R-MF Zone sign standards shall apply to multiple - family dwellings. 17.07.105 - Signs in urban village zone. A. Urban Village Zone. The R-MF Zone sign standards shall apply to multiple -family dwellings, and commercial zone sign standards (Section 17.07.120) shall apply to commercial uses. 17.07.110 - Signs in manufacturing zones, industrial complexes and business parks. 21 B. (Manufacturing) M Zone, Industrial complexes and business parks. Permitted Signs. The following signs are specifically permitted for manufacturing zones, industrial complexes and business parks subject to the approval of a Uniform Sign Program in accordance with Section 17.07.0601 of this Chapter: a. Wall Signs. One (1) wall sign is permitted for each wall face of the establishment, up to a maximum of four (4) wall signs. If said signs display commercial images or messages, they shall qualify as "onsite" commercial messages. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or buildings primary frontage. In no event shall the area of any one wall sign exceed 100 square feet. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof, eave line or parapet of the Wall upon which it is mounted. b. Monument Signs. One (1) Monument Sign not to exceed 30 square feet in sign area may be permitted. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage if the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet and shall be located a minimum of five (5) feet from any right-of-way, sidewalk or driveway. C. Pylon Sign. One pylon sign not to exceed 100 square feet in sign area will be permitted to identify separate business or uses in the industrial complex. The pylon sign structure shall not exceed 20 feet in height. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right- of-way, sidewalk or driveway. d. Commercial Directional Signs, On -Site. A maximum of two (2) on -site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 17.07.120 - Signs in commercial zones. The standards and provisions contained in this section shall be applicable to the Commercial Neighborhood (C-N) and Community Commercial (C-C) zones. A. Permitted signs in the C-N and C-C Zones within a commercial complex shall include: 1. Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If used to display a commercial message, the sign must qualify as on -site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. If the sign contains a logo, said logo shall be a maximum of 36 inches in height. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted. 2. Monument Signs: One (1) Monument Sign not to exceed 30 square feet in sign area which may be permitted to identify separate establishments or uses in the commercial complex. The Monument Sign structure shall not exceed six (6) feet in height. Additional Monument Signs may be permitted on parcels having more than one (1) frontage and the signs are located at least 300 feet apart. Monument signs shall be placed in a landscaped area or planter of not less than 250 square feet. 22 Monument signs shall be located a minimum of five (5) feet from any right-of-way sidewalk or driveway. Pylon Signs: One (1) pylon sign not to exceed 100 square feet in sign area will be permitted to identify a separate business or uses in the commercial complex. The pylon sign structure shall not exceed 20 feet in height. For each secondary street frontage with at least 300 feet of length, one (1) additional pylon sign may be permitted not to exceed 100 square feet in sign area and shall not exceed 20 feet in height. When such a sign is used to display a commercial message, it must qualify as onsite. a. Where pylon signs are placed on both major and secondary street frontages, each such sign shall be placed as near to the middle of the street frontage as practical or at a major driveway entrance to the commercial complex from the street frontage. b. Pylon signs shall be placed in a landscaped area or planter of not less than 250 square feet. Pylon signs shall be a minimum of five (5) feet from any right-of-way, sidewalk or driveway. C. A maximum of three (3) signs may be used to identify any one establishment pursuant to the criteria outlined in this section. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. Commercial Directional Signs, On -Site: A maximum of two (2) on -site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 6. Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2). Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage. B. Permitted signs in the C-N and C-C Zones for uses not part of a commercial complex shall include: Wall Signs: One (1) wall sign is permitted for each wall face of the establishment provided there are not more than four (4) wall signs for any one establishment. If such sign is used for a commercial message, it must qualify as on -site. In no case shall the total sign area of any unit or building exceed one (1) square foot of sign area for each linear foot of the unit's or building's primary frontage and shall not exceed 100 square feet per sign. Wall signs shall not occupy more than 70 percent of the storefront or unit width. A wall sign may not project any of its height above the roof eave line or parapet of the wall upon which is mounted. 2. Service and Delivery Signs: One (1) unlighted sign per occupancy not to exceed two (2) square feet may be placed on the rear of the building for service and delivery purposes. 3. Directional Signs, On -Site: A maximum of two (2) on -site directional signs per drive approach each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 4. Window Signs: Window signs conforming to the provisions of Sections 17.07.070.B(1) and (14), and 17.07.080.B(2). 5. Under Canopy Signs: For each use or occupancy, one (1) maximum four (4) foot under canopy sign per frontage. 23 6. Exceptions: Certain exceptions to the sign standards applicable to commercial uses not located within a commercial complex may be approved by the Planning Commission including the election of freestanding sign(s) when the following findings can be made by the Planning Commission, without consideration of proposed message content (other than the onsite/offsite distinction in the case of commercial messages): a. The site is subject to limited visibility and additional signing is necessary for a reasonable level of advertising exposure; b. The type of establishment or the configuration of the site necessitates additional signage. C. Exceptions shall be processed through the sign permit and minor variance process provided for in the Zoning Ordinance. C. Freeway -Facing Signs. Permitted in the C-N and C-C Zones subject to the following requirements: The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals more than 250,000 square feet of gross floor area shall be 300 square feet and shall not exceed 60 feet in height. When such display area is used for commercial speech, the copy must qualify as onsite as to the shopping center or commercial complex. 2. The maximum allowable sign face area of any freeway -facing sign for a shopping center or commercial complex which totals less than 250,000 square feet of gross floor area shall be 150 square feet and shall not exceed 60 feet in height. 3. Freeway -facing signs, including freeway -facing electronic message center signs, may only be permitted subject to the approval of a sign permit by the Planning Commission, and if said sign is a Billboard or relocated Billboard, the sign shall be subject to the requirements of section 17.07.030(G). Freeway -facing signs will be permitted when they satisfy all of these criteria: a. The proposed sign is located upon the property upon which the use identified is located; b. The proposed sign is located in the vicinity of a freeway interchange and within 300 feet of the freeway right-of-way and 600 feet of the intersecting street right-of-way; C. The following findings must be made, without consideration of message content of the proposed sign: The elevation of the freeway in relation to the elevation of the abutting properties justifies the height requested, and is the minimum necessary. ii. The number and spacing of freeway signs will not cause unnecessary confusion, clutter or other unsightliness in the general location. iii. The use identified, as well as its type, size and intensity, justifies the size, design and location of the sign requested. iv. The needs of the traveling public for identification and directional information justifies the sign requested. D. Automobile Service Station Signs. Automobile service station signs shall be permitted subject to the following requirements: 1. Identification/Price Monument Sign: For each service station, one (1) monument, combination price and identification sign, maximum 30 square feet in size and 24 maximum six (6) feet in overall height shall be permitted, and must include all price advertising as required by State law. Elevated signs may be used subject to approval of the Planning Commission (without consideration of message content) where vision impairments exist, however elevated signs shall be designed with appropriate vision spaces. Such signs shall not exceed 15 feet in overall height. 2. Identification Pylon Sign: For service stations located contiguous to a freeway, where a freeway exit serves the street from which the service station takes direct access, in addition to the identification/price Monument Sign allowed by paragraph (1) above, one (1) pylon sign, maximum 100 square feet in size and 40. feet in overall height, situated so as to be directed toward and permanently viewable from the freeway, shall be permitted. 3. Special Service Signs: Each service station may display two (2) special service signs per pump island. Special service signs shall be limited to such items as self - serve, full serve, air, water, cashier, and shall be non -illuminated. Such signs must be permanently affixed to the pump island they identify. Each sign may not exceed four (4) square feet in overall size. Wall Signs: Wall signs for automobile service stations shall be permitted subject to the provisions set forth in Section 17.07.110.A(1) and (6). Commercial Directional Signs, On -Site: Maximum of two (2) on -site directional signs per drive approach, each not to exceed a total of ten (10) square feet in area and four (4) feet in height. 6. Window Signs: Window signs conforming to the provisions of Section 17.07.070.B(1) and (14), and 17.07.080.B(2). E. Theater Marquee Signs. Theater marquee signs shall be permitted subject to the following requirements: 1. The size of a theater marquee sign shall be determined by the number of screens. Each screen shall be permitted a maximum of ten (10) square feet for each sign face area. A theater marquee sign may not total more than 100 square feet of sign face area. 2. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, is permitted per street frontage exclusive of freeway; provided, however, that the theater is part of an integrated shopping center. 3. A maximum of one (1) theater marquee sign, not to exceed 25 feet in height, shall be permitted for theaters not considered to be part of an integrated shopping center. 4. A maximum of one (1) wall -mounted theater marquee sign shall be permitted at the main entrance to the theater. F. Electronic Message Center Signs. Electronic message center signs shall be permitted subject to the following requirements: One (1) electronic message center sign may be permitted in a commercial complex with a minimum of 25,000 square feet of floor area. No electronic message center sign shall be located closer than 2,500 feet to another electronic message center sign. A conditional use permit shall be required whereby the Planning Commission will determine the size and height of the sign. Each display shall appear for a period of at least eight (8) seconds. Displays shall not be animated, appear in incremental stages or move across the changeable copy sign face. The sign shall remain blank (no message or display) for at least one (1) second between separate images. 25 3. The sign may display only noncommercial messages or onsite commercial messages, related to those establishments that are part of the complex or the merchandise or activities available on the parcels which are part of the commercial complex. The sign shall not be used as a Billboard. 4 The sign shall be reviewed for traffic safety purposes by the City's Public Works Director and shall comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content. 17.07.130 - Sign regulations for specific plan area zone. A. Permitted Signs in the Specific Plan Area (SPA) Zone —Exempt Signs. The SPA Zone permits a variety of residential and supporting commercial and other supporting land uses. Signs which may be erected without permits as provided for in Section 17.07.070 of this Chapter are permitted in the SPA Zone consistent with the respective land use. B. Signs Subject to Permits. Provisions and standards for signs shall be established within a specific plan for land uses contained therein. The specific plan shall establish a project - wide sign program and shall make provisions for the development and review of Uniform Sign Programs consistent with Section 17.07.060.E of this Chapter for each non-residential land use component of the specific plan. 17.07.140 - Sign design standards. The design standards set forth in this section apply to all signs in the City of Beaumont. A. Relationship to Other Signs. Where there is more than one (1) Monument Sign located upon a lot, all such signs shall have designs which are well related to each other by the similar treatment or incorporated of not less than four (4) of the following six (6) design elements: 1. Type of construction materials as used in the several sign components (such as cabinet, sign copy, supports); 2. Letter style of sign copy; 3. Illumination; 4. Type or method used for supports, uprights or structure on which sign is supported; 5. Sign cabinet or other configuration of sign area; and 6. Shape of entire sign and its several components. B. Landscaping. Each Monument Sign shall be located in a planted landscaped area which is of a shape, design and size (equal to at least the sign area) that will provide a compatible setting and ground definition to the sign. The planted landscaped area shall be maintained on a reasonable and regular basis. C. Illumination and Motion. Monument signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non -flashing). D. Sign Color. Sign colors should be compatible with the building architecture. Within shopping centers, sign color should complement the color scheme for the center 26