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Ordinance Number 1012 ORDINANCE NO. 1012 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF u SAN JUAN CAPISTRANO, CALIFORNIA AMENDING CHAPTER 9 OF TITLE 7 OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO TEMPORARY SIGNS AND SECTION 9-3.543 OF ARTICLE 5 OF CHAPTER 3 OF TITLE 9 OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO SIGNS WHEREAS, the City Council of the City of San Juan Capistrano wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning; and WHEREAS, the Public Works provision in Title 7, Chapter 9 of the San Juan Capistrano Municipal Code currently regulates temporary signs primarily on public rights- of-way and the Land Use Code provision (Title 9, Section 9-3.543 of the San Juan Capistrano Municipal Code) currently provides supplemental district regulations for signs, including regulations for temporary signs; and WHEREAS, amendments to the Land Use Code must be adopted pursuant to the procedure set forth at Section 9-2.309 of the San Juan Capistrano Municipal Code, which prescribes a method of repealing, amending, and adding portions of the Land Use Code; and WHEREAS, on September 17, 2013, the City Council initiated consideration of an ordinance to amend, add, and delete portions of the Land Use Code relating to temporary signs; and WHEREAS, the City Attorney's office prepared proposed amendments to certain portions of Chapter 9 of Title 7 of the San Juan Capistrano Municipal Code regulating Temporary Signs, as identified in Exhibit"A"attached to this Ordinance and incorporated herein by this reference ("Public Works Amendments") and Section 9-3.543 of Article 5 of Chapter 3 of Title 9 of the San Juan Capistrano Municipal Code, as identified in Exhibit "B" attached to this Ordinance and incorporated herein by this reference ("Land Use Code Amendments"); and WHEREAS, on February 25, 2014 the Planning Commission for the City of San Juan Capistrano held a duly noticed public hearing pursuant to Section 9-2.302(f) of the Municipal Code to consider the proposed Land Use Code Amendments and, in conjunction with that hearing, the Planning Commission also considered the proposed Public Works Amendments, and after that hearing, the Planning Commission adopted a resolution recommending to the City Council approval of the Land Use Code Amendments and Public Works Amendments (collectively, the "Amendments"), including findings supporting its recommendation, subject to the following changes: (1) the maximum allowable area for temporary signs that are located one hundred (100) or more feet from an intersection should be reduced from nine (9) square feet to six (6) square feet, and (2) the labeling requirement for signs in the public right-of-way should be retained for commercial signs; and 2499/028428.0002 6849506A a04/16/14 WHEREAS, on March 18, 2014 and April 1, 2014, the City Council held a duly noticed public hearing pursuant to Section 9-2.302(f)of the Municipal Code to consider the proposed Land Use Code Amendments, and in conjunction with that public hearing, the City Council also considered the proposed Public Works Amendments; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Juan Capistrano, California, as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The City Council has read and considered the amendments to the Municipal Code and Land Use Map(referred to herein as"Public Works Amendments,"as identified in Exhibit"A"and the"Land Use Code Amendments,"as identified in Exhibit"B"). SECTION 3. The Public Works Amendments are hereby adopted as set forth in Exhibit "A" attached to this Ordinance and incorporated herein by this reference. SECTION 3. The City Council hereby finds: 1. The Land Use Code Amendments conform with the goals and policies of the City's General Plan. The Community Design Element of the General Plan sets forth goals and policies to ensure that the design of this community be of the highest quality, and that accessory facilities, including signs, be compatible with the overall theme, and do not create a visual blight that detracts from the quality of the environment and an individual's perception of the City. Consistent with these goals and policies, the Land Use Code Amendments(and temporary sign regulations in general) limit the size,type, and location of signs in order to minimize their distracting effect on pedestrians and motorists, prevent citizens or guests from being subjected to excessive competition for their visual attention, and preserve the City's "small-village, rural atmosphere." 2. The Land Use Code Amendments are necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare. The Land Use Code Amendments (and temporary sign regulations in general) implement part of the Community Design Element's Community Design Plan, which specifically contemplates the adoption of regulations relating to the design and placement of signs (including temporary signs). Regulating the placement, spacing, size and duration of temporary signs will also provide for public safety, convenience and the general welfare by minimizing the aesthetic impact and safety hazards associated with temporary signs. 3. The Land Use Code Amendments conform with the intent of the Development Code and are consistent with other applicable related provisions thereof. The Land Use Code Amendments (if adopted in conjunction with the Public Works Amendments) will increase clarity and consistency in the City's regulations relating to temporary signs. 4. The Land Use Code Amendments are reasonable and beneficial at this 2499N028428-0002 6849506.1 a04/16/14 -2- time. Temporary signs have a strong visual impact on the character and quality of the community as they are a prominent part of the scenery, attract or repel the viewing public, and set the tone of neighborhoods and districts. The City relies on its scenic beauty to invite tourism and commerce and aesthetic considerations that promote economic value. The Land Use Code Amendments are reasonable and beneficial because they minimize the aesthetic impact and safety hazards associated with temporary signs while protecting individual freedom of expression. SECTION 4. The Land Use Code Amendments are hereby adopted as set forth in Exhibit "B" attached to this Ordinance and incorporated herein by this reference. SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Juan Capistrano hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION 6. This Ordinance shall be in full force and effect thirty(30)days after its adoption. SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published in the manner required by law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered into the Book of Ordinances of the City of San Juan Capistrano. �I 2499/028428-0002 6849506.1 a04/16/14 -3- The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 15" day of April, 2014. n AM LEVAT0, Mayor City of San Juan Capistrano, California ATTE� J MA RIS, City,Clerk City of San Juan Capi no, Calif nia STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1012 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1"day of April 2014, and thatthereafter, said Ordinance was duly adopted and passed atthe Regular Meeting of the City Council on the 151h day of April 2014, bythe following vote, to wit: J UNCLMEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato UNCILMEMBERS: None UNCIL MEMBERS: None RIS, CITY 2499/02842M002 6849506.1 e04116/$4 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 2n° day of April 2014, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIAAMENDING CHAPTER 9 OF TITLE 7 OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO TEMPORARY SIGNS AND SEZCF . 3 OF ARTICLE 5 OF CHAPTER 3 OF TITLE 9 OF THAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TThis document was posted in the Office IRIS, CI C ERKapistrano Cali rnia STATE OF CALIFORNIA COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 17th day of April 2014, 1 caused to be posted a certified copy of Ordinance No. 1012, adopted by the City Council on April 15, 2014, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIAAMENDING CHAPTER 9 OF TITLE 7 OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO TEMPORARY SIGNS AND SEJEAN 3 OF ARTICLE 5 OF CHAPTER 3 OF TITLE 9 OF THJUAN CAPISTRANO MUNICIPAL CODE RELATING TThis document was posted in the Office S, ITY LERK stran C ifornia 2499028428-0002 6M9506.1 aW/16/14 -5- TITLE 7.-PUBLIC WORKS CHAPTER 9.-TEMPORARY SIGNS LJ CHAPTER 9. -TEMPORARY SIGNS Sec. 7-9.01.-Definition. Sec. 7-9.02. -Legislative findings. Sec. 7-9.03. -Postina prohibited. Sec.7-9.04.-Exceptions. Sec. 7-9.05. -Posting allowed within public right-of-way. Sec. 7-9.06. -Posting prohibited near pollina places. Sec. 7-9.07. -Removal of nonconforming signs. Sec.7-9.08. -Removal. Sec. 7-9.09. -Destruction of signs. Sec. 7-9.10-Procedures for owner notification.removal,storage and destruction of signs. a Sec. 7-9.01. - Definition. For purposes of this chapter, a "temporary sign" is any sign, handbill, poster or other medium of visual communication which is designed or intended to be displayed for a short period of time. Examples of temporary signs Include, but are not limited to, those relating to garage sales, political candidates, election ballot measures,concerts, community events or swap meets.As used in this Chapter,"temporary signs" shall not include advertising for individual business establishments, tenants, or multi-tenant properties. (§ 1(a), Ord. 700) (Ord. No.960,§ 1 (Exh. A), 7-21-2009) Sec. 7-9.02. - Legislative findings. The City Council finds as follows: (a) Aside from this chapter, temporary signs located In the public right-of-way are not regulated by this title and are therefore not subject to design review or approval as to their size, shape,color, design or placement. The lack of regulation of temporary signs has, In the past, led to visual clutter within the community and aesthetic blight. At times, temporary signs pose traffic safety hazards. (b) Publicly owned property and property and facilities located within the public right-of-way, such as utility poles, benches, hydrants, bridges, sidewalks and similar structures are not by tradition or designation a forum for communication by the general public, and the Council wishes to preserve these structures for their Intended purposes, which is the safe, efficient and pleasant movement of vehicular and pedestrian traffic and operation of utility systems. (c) The regulations, prohibitions, or restrictions specified in this chapter are necessary to preserve items located within the public right-of-way for their intended purposes,and to prevent the visual clutter,blight,and traffic hazards caused by temporary signs therein. (§ 1(b). Ord. 700) 1 EXHIBIT A TITLE 7.-PUBLIC WORKS CHAPTER 9.-TEMPORARYSIGNS Sec. 7-9.03. -Posting prohibited. No person shall paint, mark, or write on, or post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise fasten, any temporary sign on any sidewalk, crosswalk, curb, street, lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public right-of-way unless such object Is maintained and intended specifically to be used for communications by the general public via temporary signs. In addition, temporary signs may not be posted on or otherwise affixed to publicly owned buildings. (§1(c),Ord.700) Sec.7-9.04. - Exceptions. This chapter shall not prevent a public officer or employee from posting notices as required by law, such as notices of street abandonment or notices of proposed assessment district proceedings as required by Streets&Highways Code, or other statutory authority.This chapter shall also not prevent the Director of Public Works from issuing an Encroachment Permit for the erection of banners pertaining to non-commercial and non-political community events, such as parades,fairs,and community celebrations. This chapter shall also not pertain to structures located within the right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include klosks, bulletin boards, newspaper racks, and billboards as authorized by this Code. This chapter shall not prevent temporary signs from being placed in the public right-of-way in accordance with the provisions of Section 7-9.05 and subsequent sections. (§ 1(d). Ord. 700) Sec. 7-9.06. - Posting allowed within public right-of-way. Temporary signs may be posted in the public right-of-way,subject to the following restrictions: (a) If located within 100 feet of an intersection, each temporary sign may not exceed six(6) square feet in area or three(3)feet in height. (b) If located 100 or more feet away from an Intersection,each temporary sign may not exceed nine (9)square feet in area or six(6)feet in height. (c) Each temporary sign must be free standing.Temporary signs may not be affixed to any building or structure as set forth in Section 7-9.03. (d) Temporary signs shall not be placed in the center median of any public road or street. (e) Temporary signs shall be posted no closer than five(5)feet from the edge of the paved area of any public road or street. (f) Flags,valances, pennants, lights or other similar attraction devices are prohibited. (g) Temporary signs cannot be illuminated, revolve, or otherwise function with mechanical parts or devices. (h) Temporary signs may not be posted, placed or displayed in a manner that creates a safety hazard, including but not limited to by obstructing the flow of vehicular, bicycle or pedestrian traffic or the visibility of vehicular, bicycle or pedestrian traffic, street signs, signals, or emergency equipment. (i) Temporary signs must be kept in a state of good repair at all times. It is the responsibility of the sign owner to ensure that signs which become damaged are promptly repaired or removed. 2 TITLE 7.-PUBLIC WORKS JCHAPTER 9.-TEMPORARY SIGNS (§ 1(e). Ord. 700) Sec. 7-9.06. -Posting prohibited near polling places. Temporary signs relating to an election, including but not limited to, political candidates and/or election ballot measures, may not be placed within one hundred(100)feet of a polling place, meaning the room(s)in which voters are signing an election roster and casting ballots. (§ 1(f),Ord. 700) Sec. 7-9.07. -Removal of nonconforming signs. Prior to removal by the City of any temporary sign that is in violation of any provision of this chapter, the City shall make a reasonable attempt to notify the owner of the sign about the violation and the need to bring the sign Into compliance or remove it. If the violation is not corrected within a twelve (12) hour period following notice to the sign owner, or if the City is unable to determine the Identity of the sign owner, the City may remove the sign. Notwithstanding the foregoing, any temporary sign determined by the Director of Public Works to pose a safety hazard, in violation of Section 7-9.05(h), Is subject to immediate removal by the City without prior notice to the owner of the sign. All temporary signs removed by the City pursuant to this Section shall be stored and disposed of pursuant to written procedures established administratively by Section 7-9.10. (§ 1(g), Ord. 700) Sec. 7.9.08. -Removal. Temporary signs posted, placed or displayed in the public right-of-way in accordance with the provisions of this chapter shall be removed no later than seven(7)calendar days after the event to which they relate. Removal of a sign, when authorized by this Code, may be done by officers of the police, Building Inspectors, Public Lands and Facilities employees,or by a Code Enforcement Officer. (§ 1(h),Ord. 700) Sec. 7-9.09.—[Reserved.] Sec. 7-9.10 -Procedures for owner notification, removal,storage and destruction of signs. Written procedures for the notification of sign owners of violations, and the storage, retrieval and destruction of temporary signs shall be established administratively. (§ 10),Ord.700) L 3 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations Article 5.-Supplemental District Regulations Sec. 9-3.543. -Signs. (a) General Provisions. The following general provisions shall apply pertaining to title, scope,definitions, and purpose and intent. (1) Title. This chapter shall be known and cited as the "Sign Ordinance for the City of San Juan Capistrano." (2) Scope. It Is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, a sign within the City except in conformance with this chapter. (3) Definitions. Sign definitions are set forth in Appendix A of the San Juan Capistrano Municipal Code. (4) Purpose and Intent.The City Council finds and declares: (A) The City of San Juan Capistrano is a community of natural beauty, distinct and notable architecture and historic tradition. Signs have a strong visual impact on the character and quality of the community as they are a prominent part of the scenery, attract or repel the viewing public, and set the tone of neighborhoods and districts. (S) The City relies on its scenic beauty to invite tourism and commerce and aesthetic considerations that promote economic value. The primary purpose of signs is proper !u business and directional identification for the public. It is the Intent of the City to limit the size, type, and location of signs in order to minimize their distracting effect on pedestrians and motorists and not subject citizens or guests to excessive competition for their visual attention. It Is also the intent of the City to encourage creativity, high quality and superior design in all signs. (C) The Community Design Element of the General Plan sets forth goals and policies to ensure that the design of this community be of the highest quality, and that accessory facilities, including signs, be compatible with the overall theme, and do not create a visual blight that detracts from the quality of the environment and an individual's perception of the City. (D) The procedures and standards set forth in this sign code are intended to: (i) Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the goals and policies of the Community Design Element of the General Plan; (ii) Generally provide for the identification of business enterprises and shall not be used for general advertising purposes; (III) Promote traffic safety and community identity while also enhancing the quality of the visual environment in the City; (iv) Establish procedures and design regulations which control the location, size, type, and number of signs which maybe permitted; (v) Promote harmony with the building architecture; (vi) Be appropriate for the neighborhood character; U EXHIBIT B TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (vii) Protect those uses which are adequately and appropriately identified from too many and too targe signs; (viii) Protect commercial districts from sign clutter; (ix) Assure the proper maintenance of signs. (b) General Requirements. The following requirements pertaining to design criteria, sign copy, acceptable materials, unacceptable materials, logosltrademarks, illumination, calculating area and height, and noncommercial signs shall apply to all signs, including signs that are exempt from the permit requirement,within the City. (1) Design Criteria. The design and placement of signs shall comply with the specific design standards set forth in this section, the City's adopted Architectural Design Guidelines and the Community Design Element of the General Plan, including, but not limited to, standards relating to sign visibility, legibility and readability. (2) Commercial Sign Copy. The text or copy of signs may identify the name,and/or location,and/or address, and/or nature of the business or center. Sign copy shall not Include general advertising. (3) Acceptable Sign Materials and Methods of Construction. The following sign materials and methods of construction are acceptable and desirable: (A) High quality hand carved,sandblasted, painted or routed wood; (B) High quality metal letters; (C) Painted or sandblasted ceramic tile; (D) Painted stucco or similar background; (E) Wrought iron with painted or stained backgrounds and lettering; (F) Flush or insert mounted signs of tile or stone; (G) Sign style, including any proposed illumination, shall be compatible with the buildings architecture and age/period; (H) Projecting signs; (1) Glass; (J) Fiberglass; (K) Other materials that provide the some finish appearance as materials listed in this subsection and subject to City approval. (4) Unacceptable Sign Materials and Methods of Construction. The following materials are unacceptable and prohibited: (A) Fluorescent paint; (B) Exposed spot lights, exterior neon tubing,and exposed electrical conduits; (C) Canvas materials(except awnings); (D) Painted plywood background; (E) Other materials that provide the same finish appearance as the materials listed in this subsection. 2 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (5) Trademarks. The use of a company adopted or registered trademark may be permitted only if the size and location will not be in substantial conflict with the architectural design of the building and/or the approved sign or sign program lettering style and colors. (6) Illumination.The illumination of sign copy shall be limited as follows: (A) External Illumination. External illumination where the sign copy is either illuminated by an external light source that illuminates the sign copy or by back-lighting where the illumination of the sign is from a light source internal to the sign copy (letters) and where the light is projected onto the wall surface upon which the sign is attached. External light sources are to be integrated into the architectural or landscape features of a project such that it is not generally visible to the general public from the public right-of-way. External illuminated signs shall have subdued lighting.The use of halogen as a light source shall be prohibited. (B) Internal Illumination. Sign copy may use internal illumination where the specific sign copy lettering uses translucent material and the only portion of the sign copy that is illuminated is limited to the actual lettering and/or a company adopted or registered trademark or logo. Internal illumination in the TC (Tourist Commercial) zone requires approval of the Community Development Director who may refer to the Design Review Committee and/or Planning Commission for approval. (C) New technology in lighting. Shall be reviewed by the Community Development Director who may refer to the Planning Commission pursuant to Section 9-1.1 09(f). (D) Lighting Intensity. Lighting shall be subdued and provide the minimum intensity for reading the sign at any given time. Lighting on signs between sunset and sunrise may be required to include ambient light monitors to limit or adjust brightness,timers to turn off sign lighting, or certification for sign specifications by the sign manufacturer or contractor. Controlling and monitoring lighting intensity shall be subject to review of the Community Development Director who may refer to the Design Review Committee and/or Planning Commission. (7) Calculating Area and Height. Calculations for area and height of specific signs shall be as set forth in Figures 3-5,3-6 and 3-7. . I W -r n"Wa MORMU 2 AM-slpa aVy mm d to be d ovmmW by a.lcubakc aba am of 16.6+dMaud Mara.of eba _V" couddWW60 arms w•MJ!� Haft of 1ba dep b d.a radow by OW a9Zw0Vn.M Soo d it, I edsa or"dw W tba 8obbad gsJa a d►a baw ar d,a�. . 3 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article 5.-Supplemental District Regulations �st¢o.rymmt-srem eqq w�mb dRrmluN by aJNLJg Jh w dJr Y-0IAA�I bm maadotley�w J.m.m M P°�"f• �.m.C,w•'I D. flajtc ddarmp Mfmmd.BnhE Snd.uJw 'ie�3"u<iiou:.uwwro wih-�✓J stw `7Y'w • ww D-MdLm.ALmmW Sk—(T^hctlNO-WL^ wyy w h m6�duvmlvd�uletmb( tlr.a deb.Jp�6w mmlw.an tlr.mmpl. A.mWb(d4w�am A B.Ci mJ D. eigdmdra.a.i� h dww=.rd Jy nm...wmmf Irvm J..mpm J..'hl`hn mJ.. �gW�ud�bu dtb Jdm. �fW�11[Y.i+ia+e iti4Nhtinual�MW tq� 4 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS U Article S.-Supplemental District Regulations (8) Noncommercial Signs. Notwithstanding any other provision of this Article, noncommercial signs are allowed in all zoning districts and may be substituted for any sign expressly allowed. Noncommercial signs are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Article. (c) Sign Permit Required. Unless specifically exempted by Section 9-3.543(0, it is unlawful for any person to erect, alter or relocate any sign within the City, or to direct or authorize another person to do so, except pursuant to a sign permit. Review procedures for sign permits are set forth in Section 9-2.343(b). No permit shall be-required for repainting, cleaning, or other normal maintenance and repair of a sign unless the structure,design,color or character Is aftered. (d) Sign Programs. A sign program shall be included in the application for review of any discretionary entitlement that proposes new non-residential office, commercial, service, industrial, and developments with outdoor display and sales. Automobile dealerships may submit sign programs at its[their]discretion. Review procedures for sign programs are set forth in Section 9-2.343(c). (e) Prohibited Signs. In addition to any sign not conforming to the provisions of this chapter, the following signs are prohibited: (1) Signs mounted on or above roofs; (2) Signs which incorporate moving, flashing or vibrating components, smoke or other similar attractive characteristics, including signs manipulated by individuals,or intermittent lighting; (3) Signs in public right-of-way, except as authorized pursuant to Title 7, Chapter 9, 'Temporary Signs' (4) Signs which are placed on or written on a vehicle providing direction where the vehicle is parked in such a way as to promote or advertise,whether on public or private property; (5) Off-site signs except directional signs or signs that have been permitted by the Planning Commission pursuant to an approved sign program; (6) Billboards(including mobile billboards); (7) Flags, streamers, pennants and other similar attraction devices except as permitted under Section 9-2.547(b)(4), Special Activity Permits for car dealers; (8) Balloons and any inflatable signs; (9) Signs which are installed on any public utility installation, utility pole, or tree on public or private property; (10) Signs which resemble or conflict with any traffic control devices or interfere with the flow of traffic; (11) Signs which create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic per Section 9-3.559,Visibility at intersections/driveways; (12) Exposed neon signs exceeding four (4) square feet in area except "Open" or "Closed" signs shall not exceed two(2)square feet in area; (13) Spot lights and search lights (except as part of an approved community event) or as approved by the Community Development Director, (14) Any sign placed or maintained that interferes with free ingress or egress from any door, walkway,window or fire escape; (15) Signs erected on public or private property without the permission of the property owner; (16) Signs visible from the public street or parking lot attached to or placed on merchandise or materials stored or displayed outdoors except for parking lot sales; 5 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (17) Any sign displaying obscene, indecent or immoral matter as defined in the California Penal Code; (18) Signs on awnings or canopies,except on the valance; (19) Any signs that are tacked, nailed, posted, pasted, glued or otherwise affixed to trees, poles, stakes, fences or the exterior of a building or other structure, unless otherwise expressly allowed by this Code; (20) Bench signs(except memorial or dedication signs); (i) Signs Exempt from a Permit.The following signs shall be allowed without a sign permit and shall not be included in the determination of type, number or area of signs allowed on a building or parcel except as otherwise specified'below. These signs, however, are subject to the general design standards outlined in this Section 9-3.543, as well as any additional standards set forth in this subsection(f). (1) National and State flags. A maximum of one flag each, not exceeding forty (40) square feet in area per flag for nonresidential zones and twenty-four(24)square feet for residential zones; (2) Temporary Signs. [(A) Reserved.] (B) Produce Stand Signs. Temporary produce stand signs that do not exceed an aggregate sixty-four(64)square feet and located within 100 feet of the produce stand, with individual signs not exceeding thirty-two(32)square feet in area. (C) Election Signs. Signs related to a national, state or local election, including but not limited to any candidate, campaign issue and/or ballot measure, subject to the permission of the property owner, the standards and limitations set forth in Section 9-3,543(b) and (e) and the following additional standards; (1) No individual election sign shall exceed six(6)feet in height if freestanding, or nine(9) square feet in area, and election signs shall be located below the roof eaves if building-mounted. (ii) The aggregate area of election signs per parcel shall not exceed sixty(60)square feet for residential zones and eighty(80)square feet for nonresidential zones; (iii) All election signs shall be taken down and removed as soon as reasonably practicable following the election to which they relate, but never any later than seven (7) days following the election date. (Iv) Election signs may not be posted, placed or displayed in a manner that creates a safety hazard, including but not limited to by obstructing the flow of vehicular, bicycle or pedestrian traffic or the visibility of vehicular, bicycle or pedestrian traffic, street signs,signals, or emergency equipment. (v) Election signs located in the public right-of-way shall comply with the standards set forth in Chapter 9 of Title 7 of the Municipal Code,Temporary Signs. (D) Development Application Signs. Signs posted on properties for discretionary applications set forth by City Council Resolution 07-09-04-01 as may be amended. (E) Environmental Signs. Signs that must be posted In accordance with a mitigation measure adopted pursuant to the California Environmental Quality Act or as a condition of approval for a specific development application; (F) Hazards Sign. Signs that warn of construction, excavation or similar hazards so long as the hazard exists; 6 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (G) Special Event Decorations and Displays. Any special event decorations or displays Including, but not limited to, holiday displays, except banners and signs requiring a building, electrical or other permit, provided that such decorations or displays are removed within ten(10)days following the event; (H) Real Estate Sale or Lease Signs(not including banners).One property sale or lease sign is allowed on each 600 lineal feet of street frontage of the property. Such sign may be single or double faced and is limited to nine(9) square feet for lots less than one acre, not more than sixteen (16)square feet for lots more than one acre and placed a minimum setback of twenty(20)feet from the curb, otherwise not more than twelve(12) square feet, and thirty- two (32) square feet for lots immediately adjacent to the 1-5 Freeway, or up to sixty (60) square feet at the discretion of the Community Development Director; (1) Open House Sign. Only one sign is allowed on each frontage of the property. Such a sign may be single or double faced and is limited to three (3) square feet or less. The sign supporting structure shall not exceed four (4) feet in height. Such a sign shall be erected and removed on the day the open house is held and shall not be fastened or attached in any way to a building face or architectural element. (J) Temporary signs placed in the public right-of-way pursuant to Chapter 9 of Title 7 of the Municipal Code,Temporary Signs. (3) Residential Signage. Residential signage, including nameplates that do not exceed two (2) square feet in area indicating the name of the occupant(s) of the residence and "garage sale" signs that are located only on the premises upon which and when the sale is occurring; (4) "Open"and"Closed"signs for a business establishment, may be illuminated, do not exceed two l (2)square feet in area,and are located in a window or door; (5) Professional occupation signs and nameplates, not to exceed one per tenant, not to exceed two (2) square feet, and denoting only the name and profession of an occupant of the premises on which it is placed; (6) Memorial signs and tablets which denote the names of buildings and dates of construction. Such signs shall not exceed six(6)square feet in area; (7) Vehicle signs painted directly on vehicles indicating the name of the establishment using the vehicle. For the purpose of this section, a vehicle sign may include text or trademark logo, but shall not include directional arrows or similar graphics; (8) Government and legally required posters, notices, and signs. Such signs may be located off- site; (9) Traffic and safety signs including signs of public utility agencies and construction contractors serving as directional or safety aids (may be illuminated). Examples include street signs, freeway off-ramp signs, and roadwork signs; (10) Menu board signs (permanent)building mounted that do not exceed four(4)square feet in area (may be illuminated)and only one per entrance; (11) "No Trespassing"Sign.The sign shall not exceed one square foot in size, placed at each corner or entrance to the property and at intervals of not less than fifty(50)feet; (12) Any street address stamped or painted on a sidewalk or curb; (13) Any sign on a gasoline pump,telephone booth, and news rack, provided the sign identifies only the product contained therein, or displays operating Instructions, and the lettering does not exceed four(4)inches in height. f � U 7 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (g) Sign Standards by Type and Zoning District. The maximum size of signs and height provisions for various signs in various zoning districts are set forth In Table 3-42. Signs and/or Illumination of signs that are visible from City entry ways and view corridors (i.e., Camino Capistrano, Rancho Viejo Road, Ortega Highway and the 1-5 Freeway) may be referred to the Planning Commission as determined by the Community Development Director. Zone Districts; (1) Residential Zones (A) RA—Residential Agriculture (B) HR—Hillside Residential (C) RSE 40,000—Single-Family 40,000 (D) RSE 20,000—Single-Family 20,000 (E) RS 10,000—Single-Family 10,000 (F) RS 7,000—Single-Family 7,000 (G) RS 4,000—Single-Family 4,000 (H) RG 7,000—Residential Garden 7,000 (1) RG 4,000—Residential Garden 4,000 (J) RM—Multiple-Family (I) AF/SH—Affordable Family/Senior Housing (L) MHP—Mobile Home Park (2) Commercial Zones (A) TC—Tourist Commercial (B) NC—Neighborhood Commercial (C) GC—General Commercial (D) OC—Office Commercial (3) Industrial Zones (A) CM—Commercial Manufacturing (B) IP—Industrial Park (C) A—Agri-Business (4) P&I-Public&Institutional Zones (5) Open Space Zones (A) GOS—General Open Space (B) OSR—Open Space Recreation (C) NP—Neighborhood Park (D) CP—Community Park (E) SP—Specialty Park (F) RP—Regional Park 8 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS 6-0 Article S.-Supplemental District Regulations (G) NOS—Natural Open Space (H) RC—Recreation Commercial (6) FM-Farm Market (7) SP/PP—Specific Plan/Precise Plan (8) PC—Planned Community (9) CDP—Comprehensive Development Plan (10) SWF—Solid Waste Facility 'For discretionary projects see sign program pursuant to Planning Commission and/or Design Review Committee standards Section 9-3.543(d). Table 3.42 Sign Standards 'Type of Sign District/Land Max.Height Max.Area Max. Aggregate Use (in no case (square feet)** Area/Notes** above eaves) ;Awning Signs Commercial Min.7'above 18 18 square feet or 30%of Districts sidewalk valance area,whichever is � less. Building- TC,GC,NC,RC, 25 feet above 18 square feet per 24 square feet per wall mounted(wall) OSR,P&I grade tenant plus one exposure per individual signs***(flush) project identification tenant.Sign placement for sign or major tenant tenants shall be on the sign per building, same wall exposure as the with a sign area tenant's main entry equal to one square whenever feasible.Change foot for every lineal of copy signs where the sign foot of wall area area or support structures where the sign is to are not altered may be be placed,up to a approved administratively. maximum of 50 square feet. i CM,IP 25 feet 60 80 square feet per exposure per elevation(side). OC — 25 feet A — 18 square feet per 18 square feet per wall tenant plus one exposure pertenant.Signs 9 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article 5.-Supplemental District Regulations project identification for tenants shall be sign or major tenant encouraged on the same sign per building, wall exposure as the with a sign area tenant's main entry equal to one square whenever feasible.Change foot for every lineal of copy signs where the sign foot of wall area area or support structures where the sign is to are not altered may be be placed,up to a approved administratively. j maximum of 50 square feet. r Building- All Districts 15 feet 8 included as aggregate for jmounted signs building-mounted(flush). (projecting, Shall be minimum 7 feet hanging or above grade. isuspended) Banners Nonresidential Maximum of 1temporary i(promotional Districts sign per tenant or suite(not and grand including subleasees)not to i opening) exceed 48 square feet,nor to exceed 45 days a year, one time only.Banners shall i only be mounted on building facades. Community Development Director may extend time 1 limits for a temporary business banner is displayed J with a signed contract that states when a permanent sign will be completed.Time extensions shall not include promotional banners. EConstruction All Districts 8 feet 16 Sites more than 10,000 jsigns (major) square feet. j 10 TITLE 9. -LAND USE ! CHAPTER 3-ZONING DISTRICTS AND STANDARDS J Artfcld S.-Supplemental District Regulations ;Construction All Districts 4 feet 6 Sites less than 10,000 signs(minor) square feet. Directory signs All Districts _ 12letters shall not exceed 6 inches in height. Memorial signs 6 and tablets ;Menu/order r At the discretion of A maximum of 2 board signs the Planning menu/order boards are (permanent) Commission,but In permissible subject to Drive-through no event greater Planning Commission review menu boards than 45 sq.ft. per of a sign program and menu/order board subject to the final discretion of the City council.Drive-through directional signs shall not count towards the menu board aggregate area. Monument TC 6 feet height 24 Multiple signs may exceed signs* maximum area (freestanding) GC,NC,CM,IP, 6 feet height 60— requirements for separate OC,P&I entries with adequate separation subject to _ Auto 25 feet height 60 Planning Commission Dealership approval. 1Murals(artistic Nonresidential v Requires Planning proposals not Districts Commission approval :classified as wall processed as an ;signs) Architectural Control application pursuant to i Section 9-2.313 i INat onaI and Nonresidential 35 feet height 40 1 national and 1 state flag state flags Districts per parcel. ' 11 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations Residential 70 feet height 24 Districts Noncommercial Nonresidential signs(on-site) Districts Open/closed T 2 Not Included in allowable isigns sign area. i Permanent Commercial Not to exceed 25%of the window signs and Industrial window area. Districts i Permanent neon 4 square feet in area except window signs 'open"and"closed"signs maximum 2 square feet In area. i Portable signs Nonresidential 4 feet, 6 Inches 5 Maximum one portable sign Districts per tenant on sidewalks of jprivate property,a foyer, portico or other building entry,within 50 feet of tenant main entrance.May ' be displayed only during i business hours. Shall be professionally designed, j fabricated and maintained. The Community Development Director may approve one sign for tenants not visible from right-of-way within 50 feet ` of the main entrance, otherwise Planning 111= Commission approval is required. i 12 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations Professional 2 1 per tenant space. occupation signs Land nameplates Real estate sale All Districts 6 feet 9 For lots less than one acre. or leasing signs One sign per 600 lineal feet of street frontage. 6 feet 16(minimum 20-foot For lots greater than one setback from curb, acre.One sign per 600 lineal otherwise 12) feet of frontage. 9 feet 32 or up to 60 with For lots abutting the 1-5 Community Freeway.One sign per 600 Development lineal feet of street Director approval, frontage. Residential 2 Not more than one per nameplates residence. ;Service station Nonresidential Please refer to Section 9-3.541 Service and Fuel Dispensing Stations. signs Districts ,Subdivision signs Residential and 6 feet —�24 - 48 square feet per project ;(permanent) PC Districts entry,maximum 2 signs per entry. Subdivision signs Residential and 12 feet 132 64 square feet per (temporary) PC Districts subdivision,over 64 square feet requires Community Development Director approval. Temporary 32 64 square feet located I produce stand within 100 feet of the ,signs produce stand or less. Temporary signs 3 feet If within 6 square feet If 13 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations lin public right-of- 100 feet of an within 100 feet of an !way intersection;6 intersection;9 I feet if 100 feet square feet if 100 or more away feet or more from an i from an Intersection Intersection ITemporary 6 feet(if 9 Maximum aggregate area selection signs freestanding) of per parcel shall not exceed sixty(60)square feet i for residential zones and eighty(80)square feet for ' nonresidential zones !Temporary Maximum 45 days pending business signs construction of permanent signs.The Community Development Director may i extend time limits with a signed contract that states j when a permanent sign will be completed. ,Temporary Not to exceed more than window signs 25%of the total window area. i Theater - Requires Planning !attraction signs Commission review. !Vehicle signs Painted directly on the vehicle.May Include text, trademark or logo. ' Temporary signs shall not be affixed to the vehicle or used for directional signage. ;'Only one permanent freestanding monument sign per street frontage shall be permitted for individual 14 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS �-' Article S.-Supplemental District Regulations establishments or shopping centers. Establishments within shopping centers are not permitted Individual freestanding signs.Two freestanding signs may be permitted If located on either side of a main project entry,provided their aggregate square footage does not exceed 60 square feet.The Planning Commission shall determine the most appropriate Illumination,If any,that Is In character with Ithe building architecture and mitigates potential light impacts on properties in the vicinity.Hours of sign illumination may be limited by the Planning Commission. **Individual establishments, multi-tenant commercial and industrial centers,etc.may exceed the maximum allowable square footage'provided the sign area Is determined by the Community Development Director to be in scale with the building portion of the tenant,however in no instance shall ;the sign face exceed the maximum permitted above two(2)percent of the building elevation portion 'occupied by the tenant,whichever is greater. If the Community Development Director finds that the sign is not in scale with the building elevation,the request is to be referred to the Planning Commission. ***All signs subject to approval by the Community Development Director may be referred to the j Planning Commission. (h) Signs requiring Planning Commission review. Notwithstanding the requirements of Section 9- 2.343(b)(1), the following signs require Planning Commission review prior to issuance of a sign permit. The Community Development Director shall have the authority to require all applicable materials to deem an application complete to be forwarded to the Planning Commission. (1) Monument(freestanding)signs; (2) Murals; (3) Theater marquees; (4) Electronic Message Centers; (5) Sign Programs for discretionary project applications; (6) Freeway signs; (7) Drive-thru menu boards; (8) Outdoor inventory sellers; (9) Community Development Director may refer any sign to the Planning Commission. (i) General Design Criteria. This section Is intended to be used in conjunction with other standards contained in these sign regulations. In no case may the maximum number or size of signs, or their illumination levels exceed standards provided by this title. (1) Building Mounted(Flush)Signs(Wall Signs). (A) General Design Criteria: Building mounted (wall) signs shall comply with the following design criteria: 15 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article 5.-Supplemental District Regulations (i) Include channel letters made out of wood, metal, plastic or other acceptable material; (ii) Be painted on a wall, or on a board that is attached to a wall with approved materials pursuant to Section 9-3.543(b)(3); (iii) Should be oriented to achieve balanced composition and harmony with other architectural elements of a building facade. (iv) Shall be placed on a flat building surface and not be placed over or otherwise obscure architectural building features. (B) Location and Number Permitted. Wall signs must be located on a building face that has a public entrance, if feasible. The maximum number of wall signs permitted shall not exceed one per building exposure(wall). (C) Size. Wall signs may be a maximum of eighteen (18) square feet each or aggregate twenty-four (24) square feet and shall in no case exceed two (2) percent of the building face as determined by the Community Development Director. (D) Illumination.Illumination shall occur in accordance with Section 9-3.543(b)(6). (E) Zoning.Wall signs are allowed in TC,GC, NC, RC, OSR, P&I, CM, IP,OC zoning districts. (2) Monument(Freestanding)Signs. (A) General Design Criteria. Monument signs shall comply with the following design criteria: (i) Be used to identify tenants when building setbacks, orientation or design make it difficult to provide other types of signage, such as wall signs, that are plainly visible to people that are trying to Identify a use. The primary function is to provide project or tenant identification. (ii) Shall have a solid base that the sign face is installed upon. (iii) Shall be designed so that the style of the sign and its base are consistent with the architecture of the buildings on the site. (iv) Monument signs shall include landscaping at the base to enhance their appearance. (B) Location and Number Permitted. Monument signs may be located in required setback areas for any given zone,subject to the approval of the Planning Commission,as provided for in Section 9-3.543(h)(1) of these regulations. Only one monument sign is permitted per street frontage. Except, shopping centers or multiple tenant centers may have two (2) monument signs,one sign on each side of the main entrance drive access. (C) Size. Monument signs may be a maximum of the area and height identified in Table 3-42. Sign area is calculated pursuant to Figure 3-5. (D) Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6). (E) Zoning. Monument signs are allowed in all commercial, industrial and public and institutional zones. (3) Building Mounted(Projecting)Signs. (A) General Design Criteria. Building mounted(projecting)signs shall comply with the following design criteria: (i) Be attached to a building face and project out perpendicular to the building wall and oriented to pedestrians on the sidewalk level. 17 16 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (ii) Sign and sign text shall use appropriate materials including wood and metal with carved or applied lettering or design features, or other material that is architecturally compatible with the building that the sign is attached to. (iii) Multiple projecting signs should not be installed within ten (10)feet of each other if on the same property and should be separated from projecting signs on adjacent properties by a minimum of ten(10)feet to ensure proper visibility. (B) Location and Number. A minimum clearance of seven (7) feet must be maintained above the public right-of-way or private sidewalk area. One projecting sign is allowed per tenant space. (C) Size. Projecting signs may have a maximum area of eight(8)square feet. (D) Illumination. Illumination shall occur in accordance with Section 9-3.543(b)(6). (E) Zoning. Projecting signs may be allowed in all zoning districts. (4) Building Mounted (Hanging and Suspended)Signs. (A) General Design Criteria. Building mounted (hanging and suspended) signs shall comply with the following design criteria: (i) Hanging signs, or suspended signs, are used to help define entries and identify business names to pedestrians and can be particularly useful for storefronts that have multiple tenants. (ii) Hanging signs are small and can hang over or adjacent to a building entry. j (B) Location and Number. A minimum clearance of seven (7) feet must be maintained above u any public right-of-way or private sidewalk area. One hanging or suspended sign is allowed per tenant space. (C) Size. Hanging signs may have a maximum area of eight(8)square feet. (D) Illumination.Illumination shall occur in accordance with Section 9-3.543(b)(6)(A). (E) Zoning.Allowed in all zoning districts. (5) Window(Permanent)Signs. (A) General Design Criteria. Window(permanent) signs shall comply with the following design criteria: (i) Be scaled to the pedestrian and oriented to window shoppers on the sidewalk, as opposed to passing vehicles. (ii) Be limited to small graphics and text that serve to frame a window or to provide information. (iii) Shall not obscure the view into a store or place of business. (B) Location and Number. There is no specific location requirement or limit to the number of window signs allowed. (C) Size. Permanent window signs shall not exceed twenty-five (25) percent of the window area. (D) Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6). (E) Zoning. Permanent window signs are allowed in all commercial and industrial zoning districts. J (6) Awning Signs. 17 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article S.-Supplemental District Regulations (A) General Design Criteria.Awning signs shall comply with the following design criteria: (1) Be limited to the valance of the awning and not on the awning face. (B) Location and Number.Signs may be located on awning subject to size criteria. One awning sign may be permitted per.tenant space and must maintain a minimum clearance of seven (7)feet above any public right-of-way or private sidewalk area. (C) Size. Signs on awnings shall not cover more than thirty (30) percent of the valance area of the awning,or exceed eighteen(18)square feet in size,whichever is less. (D) Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6)(A). (E) Zoning.Awning signs may be located in all commercial zones. Installation of new awnings is subject to architectural control review. (7) Portable Signs (including sandwich boards,A-frames,etc.). (A) General Design Criteria. Portable signs (including sandwich boards, A-frames, etc.) shall comply with the following design criteria: (i) May have rewritable surfaces, such as chalkboards or dry-erase boards. (ii) Shall be professionally designed,fabricated and maintained. (iii) Shall be restricted for display only during business hours. (iv) Shall require a sign permit. (B) Location and Number. Portable signs are prohibited in the public right-of-way and may only be placed on the sidewalks of private property, a foyer, portico or other building entry provided they do not interfere with pedestrian ingress or egress as required by the California Building Code. Only one portable sign may be permitted per tenant space located within fifty (50) feet of the tenant main entrance. The Community Development Director may approve one portable sign for tenants not visible from the right-of-way within fifty (50) feet of the tenant main entrance, otherwise Planning Commission approval is required. (C) Size. Portable signs may have a maximum area of five (5) square feet and a maximum height of four (4) feet six (6) inches, measured from the ground to the top of the sign structure. (D) Illumination. Portable signs shall not be illuminated. (E) Zoning. Portable signs may be allowed in all nonresidential zoning districts. (8) Murals. (A) General Design Criteria. Murals shall comply with the following design criteria: (i) Murals shall require Planning Commission approval subject to an Architectural Control application as set forth in Section 9-2.313 (ii) Murals proposed on any historic building listed on the 'Inventory of Historic and Cultural Landmarks" (IHCL) shall be reviewed by the Cultural Heritage Commission and forward recornmendations to the Planning Commission. (iii) Murals shall not contain text or any specific commercial message, shall be strictly an artistic expression and shall not be used for advertising purposes, otherwise they are classified as a wall sign. Murat proposals which are classified as a wall sign shall conform to the design standards applicable to wall signs. 18 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article 5.-Supplemental District Regulations (iv) Murals shall provide visual enhancement to the site, shall provide artistic excellence that exemplifies high artistic quality of original artwork, and shall not create a public safety issue. (v) Murals shall be maintained in good condition for the life of the mural. (B) Location and Number. Murals may be located on any building wall. There is no specific limit on the number of murals permitted. (C) Size. Murals may be any size, subject to approval of the Planning Commission. (D) Illumination. May be externally illuminated in accordance with Section 9-3.543(b)(6). (E) Zoning. Murals may be located in nonresidential zoning districts. (9) Residential Subdivision Signs(Permanent). (A) General Design Criteria. Residential Subdivision Signs (Permanent) shall comply with the following design criteria: (i) The purpose of residential subdivision signs is to identify the name of a subdivision. (ii) Are usually freestanding monument signs or building mounted wall signs placed on a wall feature in a landscaped open space area at the entry of the development. (B) Location and number. Two (2) residential subdivision signs are allowed at each project entry of a subdivision:The signs shall be located within a landscaped area. (C) Size. Each sign shall not exceed twenty-four (24) square feet with an aggregate area not exceeding forty-eight (48) square feet. Freestanding signs shall not exceed six (6) feet in height from grade. (D) Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6)(A). (E) Zoning.Residential subdivision signs are allowed in all residential and Planned Community zones. (10) Directory Signs. (A) General Design Criteria. Directory signs shall comply with the following design criteria: (i) Are used for mufti-tenant buildings to provide a directory of tenant locations within the building. (ii) May serve as the address sign for the property. (iii) Small scale and are oriented to pedestrians. (B) Location and Number. Directory signs may be freestanding or may be fixed on an exterior wall if the building has no setback. One directory sign may be permitted per building. (C) Size. Directory signs shall be no larger than twelve(12) square feet in area, and individual letters shall not exceed six(6)inches in height. (D) Illumination. Illumination shall be in accordance with Section 9-3.543(b)(6). (E) Zoning. Directory signs are allowed in all zoning districts. (j) Temporary Signs.The following signs shall be deemed temporary subject to development standards, time limitations and permits. (1) Banners (Temporary business promotional). One banner not exceeding forty-eight (48) square feet in area may be permitted per tenant or suite (not including subleasees) for one time only, for a maximum of forty-five (45)days per calendar year. The Community Development Director I 19 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article 5.-Supplemental District Regulations may extend the time limit a temporary business identification banner is displayed with a signed contract that states when a permanent sign will be completed.Time extensions shall not include promotional banners. Banners shall require a sign permit. Banners shall only be mounted on building facades. (2) Business Promotional (Community-wide special events).The Community Development Director may approve banners withjn the public right-of-way for community-wide special events provided the street banner request meets the provisions of City Council Policy 419. (3) Construction (major). On-site, major construction signs shall be permitted upon issuance of a building or grading permit for the project site that exceeds 10,000 square feet. The maximum allowable size for major construction signs is sixteen (16) square feet in area and eight(8)feet in height. Such signs shall be removed prior to issuance of a certificate of use and occupancy for the project or the last phase of a project provided a valid building or grading permit has not expired. (4) Construction(minor). Onsite, minor construction signs on property less than 10,000 square feet shall be permitted. The mbximum allowable size for minor construction signs is six (6) square feet in area and four(4)feet in height. (5) Subdivision (Temporary). Temporary subdivision signs shall be permitted and used to identify an approved residential subdivision for a project located in the City. Said signs shall be removed upon issuance of the last certificate of use and occupancy for units within the subdivision. For the purpose of this section, subdivision directional signs shall only be permitted for those residential subdivisions located within the City. (6) Special Activities. Special activities signs, under Section 9-3.547 Special Activities, shall be permitted. Signs and banners identifying the event may be placed on the site no earlier than fourteen (14) days prior to the designated activity and shall be removed within forty-eight (48) hours after the special activity. Signs and banners shall not exceed forty-eight(48) square feet in area or six(6)feet in height. (7) Temporary window/door signs. Temporary window/door signs shall not exceed twenty-five(25) percent of the total window area. For the purpose of this section, total window area shall mean the total square footage of window area located on a specific.building elevation for which the temporary sign is located. (8) Portable Signs. Portable signs shall not exceed one sign per tenant, four(4)feet six(6) inches in height, or five (5) square feet in area. Portable signs shall be professionally designed, fabricated and maintained, shall be restricted for display only during business hours, shall be placed on sidewalks on private property, foyer or portico of building entry not interfering with pedestrian access, and shall be located within fifty (50) feet of the tenant main entrance. The Community Development Director may approve one portable sign for tenants not visible from the right-of-way within fifty (50) feet of the tenant main entrance, otherwise Planning Commission approval is required. (k) Exceptions. Exceptions to the standards set forth in Section 9-3.543 may be granted by the Planning Commission. In order to grant an exception, the Planning Commission shall make all of the following findings: (1) The sign complies with all other applicable criteria of this section; (2) The scale of the sign will be in harmony with the architectural design for the building which it will serve; (3) The sign will not create a hazard to other adjacent properties or tenants. 20 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS JArticle 5.-Supplemental District Regulations (1) Revocation Sign Permit. Any permit issued under this chapter may be revoked by order of the Planning Commission. (1) Grounds. The Planning Commission must determine subject to substantial evidence that one of the following exists: (A) The permit was issued without or in excess of the authority provided in this chapter. (B) The application for permit contained any misrepresentation of fact. (C) The sign has been installed inconsistent with or contrary to approved sign plans. (2) Hearing. Prior to revoking a sign permit, the Planning Commission shall hold a hearing concerning said revocation. Written notice of said hearing shall be given to the permittee not less than ten (10) days prior to the date of the hearing. Following the hearing, K the Planning Commission revokes the sign permit, it shall adopt findings setting forth the basis for its decision.The findings shall be mailed to the permittee. (m) Appeals. The applicant or any interested person may appeal decisions concerning sign permit applications pursuant to Section 9-2.311 of the Municipal Code. (n) Enforcement and Penalties. (1) Temporary signs. This section applies to any temporary sign described In Section 9-3.543, subsection(f)(2)or subsection Q). (A) Temporary signs which obstruct the visibility of traffic, street signs, signals or emergency equipment and are determined by the Community Development Director to pose a hazard to public safety, are subject to immediate removal by City employees. Temporary signs removed in accordance with this subsection shall be stored and the owner notified pursuant to subsection(C). (B) Temporary signs placed in the public right-of-way are subject to the removal provisions set forth in Chapter 9 Title 7 of this Municipal Code. (C) Any temporary sign that is improperly marked, affixed, or otherwise illegally located, is subject to removal by City employees upon twenty-four-hour notice. A notice of removal will be affixed to the illegal sign during this twenty-four-hour period. A reasonable attempt will be made to notify the sign owner of the violation and the need to remove the illegal sign. An owner of an illegal temporary sign given notice to remove the sign may file a written request for an administrative hearing by the Community Development Director, if he or she disputes whether the sign is illegal. This written request must be filed prior to the expiration of the twenty-four-hour period of notice. The sign will not be removed until the administrative hearing is conducted. The Community Development Director must hold an administrative hearing within seventy-two (72) hours of receipt of written request to consider whether the sign is illegal. If the Community Development Director finds that the sign does not meet all applicable requirements of this Code for temporary signs, the owner shall remove the sign within twenty-four(24)hours. If the sign is not removed,the City will cause the sign to be removed and it will be stored at City offices for a period of ten (10) days. If the sign is not retrieved by the owner within ten (10) days, the sign will be destroyed or disposed of by the City. (D) Removal of a sign, When authorized by this Code, may be done by officers of Police Services, Building Inspectors,Planners,or by a Code Enforcement Officer. (2) Other illegal or abandoned signs. This section applies to any other sign that is constructed, erected or installed in violation of this section; improperly maintained; abandoned; illegal; unsafe; or the sign permit has terminated, been revoked or is otherwise in violation of this section.An"abandoned sign"shall mean any sign remaining in place or maintained for a period 21 TITLE 9.-LAND USE CHAPTER 3-ZONING DISTRICTS AND STANDARDS Article 5.-Supplemental District Regulations of ninety (90) days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located. (A) Notice of violation. Where it is determined that a sign is illegal or abandoned, the Community Development Director, or his or her designee,shall mail or deliver notice to the owner of the sign. If the notice cannot be sent or delivered to the owner, then the notice shall be attached to the sign. The notice shall give the owner an opportunity to cure the Violation or to appeal the City's determination to remove without notice and shall include instructions for how to request a hearing or appeal. An invoice for costs may be included with the notice. (B) Removal. If the City i; required to remove any signs or if no response is made to a notice of violation within ten (10) days of mailing of the notice, the sign may be removed by the City. The sign will be stored by the City for a period of thirty (30) days and may be reclaimed by the owner after the payment of all removal and storage costs. Any sign not reclaimed within such time, may be destroyed or disposed of by the City. In the event the responsible party does not reclaim the sign, or pay all fees assessed by the City, the City may recover its costs through the cost recovery mechanism identified in this section. (C) Hearing. (1) Unless stated otherwise in this section, any person who has received a notice and/or invoice pursuant'to this section may request a hearing. Any hearing request must be in writing to the Community Development Director within ten(10)business days of the date of the mailing of the notice/invoice. The request for hearing must set forth the basis of such person's objection. (11) Upon receipt of a request for a hearing, the Community Development Director shall set a hearing date before a hearing officer appointed by the City Manager within thirty (30)days of receipt of the request for a hearing. The Director shall provide the person requesting the hearing at least five (5) days' advance notice of the hearing. The hearing date may be changed by mutual consent of the Community Development Director, the person requesting the hearing, and the hearing officer. At the hearing, the person requesting the hearing will have an opportunity to present evidence supporting his/her position. (iii) Within ten (10) days following the conclusion of the hearing, the hearing officer shall render a written decision. A copy of this decision shall be promptly sent to the responsible party(also referred to as the"appellant"). (iv) If no appeal is filed,the responsible party, within seven (7) days, following the finality of the determination of the hearing officer, shall commence the repairs or improvements or.removal ordered,and such work shall be completed within thirty(30) days from the commencement thereof, unless otherwise agreed to by the Community Development Director. (D) Nuisance. Notwithstanding any other provision of this section, any illegal or abandoned sign is declared a nuisance and may be abated pursuant to this Municipal Code. (E) In addition to the above, every violation of any provision of this section shall be punishable as set forth in Chapter 2, Title 1 of this Municipal Code. (§2,Ord.869, as amended editorially during Supp. No.5,and§ 1, Ord. 934, eff. January 18,2008) (Ord.No.960, §1 (Exh.A), 7-21-2009; Ord. No.971, §6, 5-18-2010;Ord.No. 996, §2, 8-7-2012) 22