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Ordinance Number 1065ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CODE AMENDMENT 18-006 TO AMEND SAN JUAN CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE SECTION 9-3.543, SIGNS, AND APPENDIX A, DEFINITIONS WHEREAS, the purpose of this Ordinance is to approve Code Amendment 18-006 is to update the City of San Juan Capistrano Sign Ordinance (SJCMC, § 9-543) and relevant definitions; WHEREAS, on March 6, 2018, the City Council initiated Code Amendment 18-002 and directed staff to study potential amendments to the Sign Ordinance to address issues certain constitutional issues and other changes, and this Sign Code Amendment continues those amendments; WHEREAS, on March 12, 2019, the Planning Commission reviewed and recommended approval of Code Amendment 18-006; WHEREAS, this amendment has been processed pursuant to section 9-2.309, Amendment of the Land Use Code; WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. The City Council hereby finds and determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) (California Public Resources Code § 21000 et seq.), Under State CEQA Guidelines, section 15060(c)(2), the whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. Under section 15060(c)(3), the whole of the whole of the Ordinance is exempt because the code amendment is not a "project" as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. SECTION 3. Pursuant to San Juan Capistrano Municipal Code, section 9- 2.309(e), the City Council hereby finds and determines as follows: 1. The proposed Land Use Code amendment conforms with the goals and policies of the General Plan. The General Plan Community Design Element policies and goals include preservation and enhancement of the historical 01065 character of the community, the harmonious incorporation of new development into existing public and private development, and the maintenance of the community's "small -village, rural atmosphere." (GPCDU, p. 7). This Ordinance ensures that the City's sign regulations comply with state and federal law, but also continue to ensure that the types, locations, and sizes of signs permitted in the City are consistent with and do not detract from the City's "small -village, rural atmosphere." 2. The proposed Land Use Code amendment is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare. This ordinance requires that signs not be placed in a manner that interferes with traffic safety. 3. The proposed Land Use Code amendment conforms with the intent of the Development Code (title 9) and is consistent with other applicable related provisions thereof. This Ordinance is consistent with the intent of the Development Code in that it regulates the use of signs on private property to ensure the use of signs is consistent with the associated and nearby development, while still ensuring First Amendment protections afforded to property owners. Further, this ordinance clarifies calculations and definitions necessary for the implementation and enforcement of the ordinance. 4. The proposed Land Use Code amendment is reasonable and beneficial at this time. This Ordinance is reasonable and beneficial at this time, because it captures and codifies the City's current best practices to implement and enforce this Sign Code. SECTION 4. San Juan Capistrano Municipal Code, title 9, Land Use, chapter 3, Zoning Districts and Standards, article 5, Supplemental District Regulations, section 9- 3.543, Signs, is hereby amended as follows: TITLE 9. LAND USE CHAPTER 3. ZONING DISTRICTS AND STANDARDS 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, 2 01065 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. (B) 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 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; 3 01065 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 may be permitted; V. Promote harmony with the building architecture; vi. Be appropriate for the neighborhood character; vii. Protect those uses which are adequately and appropriately identified from too many and too large 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, logos/trademarks, 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; 4 01065 (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 same 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. (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 backlighting where the illumination of the sign is from a light source 5 01065 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) 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 Sign Area and Sign Height. Calculations for sign area and height of specific signs shall be as set forth below. (A) Generally. Unless otherwise noted in this section, the sign area and sign height shall be calculated as provided below. i. Sign Area. a. The sign area shall be determined by drawing a rectangular box, four sides connected by four right angles, around the periphery of the sign face and calculating the area of the rectangular box. The area of the rectangular box will 6 01065 be equal to the sign face's greatest height multiplied by the sign face's greatest width, as shown in Figure 3-7. b. For a double-faced sign, aggregate area of both faces count towards the sign area. ii. Sign Height. The sign height shall be measured from the topmost edge of the sign face to the finished grade at the base of the sign. (B) Free Standing Monument Signs. For a free standing monument sign, the sign area and sign height shall be calculated as provided below. L Sign Area. The sign area of a free standing monument sign shall be calculated based on the sign copy area. a. The sign copy area is determined by drawing a rectangular box, four sides connected by four right angles, around each individual word, number, or image of the sign copy, and calculating the aggregate area of the rectangular boxes, as shown in Figure 3-5. b. If the copy area includes upper-case and lower-case letters, then the sign copy area is determined by boxing around individual letter ascenders and descenders for each individual word of the sign copy, and calculating the aggregate area of the boxes, as shown in Figure 3-6. C. For a free standing monument sign that is double -sided, a sign area limit applies to each face individually, not in the aggregate. ii. Sign Height. The sign height of a free standing monument sign shall be measured from the topmost edge of the sign face to the finished grade at the base of the sign, as shown in Figures 3-5. 7 01065 Figure 3-5. Free Standing Monument Sign (C) Building -Mounted Signs, Flush. For a building - mounted sign that is flush against the building, the sign area and sign height shall be calculated as provided below: L Sign Area. The sign area of a building -mounted sign that is flush against the building shall be calculated based on the sign copy area. a. The sign copy area is determined by drawing a rectangular box, four sides connected by four right angles, around each individual word, number, or image of the sign copy, and calculating the aggregate area of the rectangular boxes, as shown in Figures 3-5 and 3-6. b. If the copy area includes upper-case and lower-case letters, then the sign copy area is determined by boxing around individual letter ascenders and descenders for each individual word of the sign copy, and calculating the aggregate area of the boxes, as shown in Figure 3-6. ii. Sign Height. The sign height of a building - mounted sign that is flush against the building shall be measured from the topmost edge of the topmost letter to the finished grade at the base of the building wall, as shown in Figure 3-6. Figure 3-6. Building -Mounted Signs (Flush) 8 01065 =W am to W be datertninad by calcWsttng the w%n of the tndtrtdual �qca words of the dM copy. C nddw*d the "me as a wap slgn. Halot of the sign Iran Is * t miff ad by the rnessuremont tap host d tM horn the topmast edge of the xign to h 'tom e w the tltdehed gsado at the baso of tho sign. (C) Building -Mounted Signs, Flush. For a building - mounted sign that is flush against the building, the sign area and sign height shall be calculated as provided below: L Sign Area. The sign area of a building -mounted sign that is flush against the building shall be calculated based on the sign copy area. a. The sign copy area is determined by drawing a rectangular box, four sides connected by four right angles, around each individual word, number, or image of the sign copy, and calculating the aggregate area of the rectangular boxes, as shown in Figures 3-5 and 3-6. b. If the copy area includes upper-case and lower-case letters, then the sign copy area is determined by boxing around individual letter ascenders and descenders for each individual word of the sign copy, and calculating the aggregate area of the boxes, as shown in Figure 3-6. ii. Sign Height. The sign height of a building - mounted sign that is flush against the building shall be measured from the topmost edge of the topmost letter to the finished grade at the base of the building wall, as shown in Figure 3-6. Figure 3-6. Building -Mounted Signs (Flush) 8 01065 aulld{ng-Mountml Signa (nu.h) - Sign copy . Is w be d.m W..d by eekrwx ng tits .na of the Individual text and ..dosing that .m dwwn by I.otnu A, S. C, and D. H.Ight of ahe Mg. U the dl* a I., the wlnnr..l Sltu,viM nn drumaxd I~ to the flN h grade .t the r10, based the budding wall. .aclnHnt aMamin 6. — �N. uwrr ..e I—,— a.. Jnauav arum ati a%rn,n.a via., a. LwMOrt w.e. (D) Building -Mounted Signs, Projecting. For a building - mounted sign that is projecting from the building, the sign area and sign height shall be calculated as provided below: Sign Area. The sign area shall be determined by drawing a rectangular box, four sides connected by four right angles, around the periphery of the sign face and calculating the area of the rectangular box. The area of the rectangular box will be equal to the sign face's greatest height multiplied by the sign face's greatest width, as shown in Figure 3-7. b. For a building -mounted sign that is projecting from the building and is double-faced, the aggregate area of both faces count towards the sign area. ii. Sign Height. The sign height of a building - mounted sign that is projecting from the building shall be measured from the topmost edge of the sign face to the finished grade at the base of the sign. Figure 3-7. Building -Mounted Signs (Projecting) Rulldhtg-Mountad Sops OwoiecdxBi - Sign copy area in to be dstennined by cs)atlsting the area of the sign facet as shown an tha eaarnptc and enclosing that sraa shown by points A. 8, q and D. Haight of the sign is datamfned by the tneawrment � from the top of the sign face to them ICC secs of ti' b anishad gratia at the barn of" sign. M bw ad Gftd�'Z STREETr A. t of (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. (9) Placement. Signs shall 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. (c) Sign Permit Required. Unless specifically exempted by Section 9- 3.543(f), 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 altered. (d) Sign Programs. A sign program shall be included in the application for review of any discretionary entitlement that proposes new nonresidential 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; 10 01065 (2) Signs which incorporate moving, flashing or vibrating components, smoke intermittent lighting or other similar attractive characteristics, including signs manipulated by individuals. This prohibition does not include non-commercial signs that are carried, but not otherwise manipulated by individuals; (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 and mobile billboards; (7) Flags, streamers, pennants and other similar attraction devices except as permitted under Section 9-3.547(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 ; (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; 11 01065 (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; (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 commercial signs. (f) 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, as well as any additional standards set forth in this subsection (f). (1) 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 Noncommercial Signs. (A) General Design Standards: L Area per Sign. A single temporary noncommercial sign shall not exceed nine (9) square feet in area. The sign may be single or double-faced ii. Height per Sign. If freestanding, the temporary noncommercial sign shall not exceed six (6) feet in height. If mounted to a building, the temporary noncommercial sign must be below the roof eves. (B) Aggregate Area and Timing. L A property owner may place a maximum aggregate of nine (9) square feet of area of temporary noncommercial signage on the 12 01065 property for one period of forty five (45) days per year. ii. During ninety (90) days prior to and seven (7) after a local, state, or national election, a property owner may place temporary noncommercial signage on the property as follows: a. For residential property, sixty three (63) additional square feet of area; and b. For nonresidential property eighty one (81) additional square feet of area; (3) Real Estate Sale or Lease Signs (not including banners). (A) During the period in which property is offered for sale or lease and seven (7) days after the sale or lease of the property is executed, one property sale or lease sign is allowed on each 600 lineal feet of street frontage of the property. (B) Such sign may be single or double-faced and is limited in area to: Not more than nine (9) square feet for lots less than one acre, ii. Not more than sixteen (16) square feet for lots more than one acre, and iii. Not more than thirty-two (32) square feet for lots immediately adjacent to the 1-5 Freeway. The Development Services Director may approve a sign up to 60 square feet adjacent to the 1-5 Freeway, if unique visibility conditions exist. (4) Temporary Signs on Produce Stands. Temporary signs on produce stands 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. Temporary Signs in the Right -of -Way. Temporary signs placed in the public right-of-way pursuant to Chapter 9 of Title 7 of the Municipal Code, Temporary Signs. (5) Government Required Signs. 13 01065 (A) Government and legally required posters, notices, and signs. Such signs may be located off-site. (B) Development Application Signs. Signs posted on properties for discretionary applications set forth by City Council Resolution 07-09-04-01 as may be amended. (C) 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; (D) "No Trespassing" Sign. "No trespassing" signs allowed or required by the California Penal Code shall not exceed one (1) square foot in size, placed at each corner or entrance to the property and at intervals of not less than fifty (50) feet; (6) Hazards and Safety Signs. (A) Signs that warn of construction, excavation or similar hazards so long as the hazard exists; (B) 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; (7) Residential Signage. Residential signage, such as nameplates, that does not exceed two (2) square feet in area; (8) Professional Occupation Signage. Professional occupation signage, such as and nameplates, that does not exceed one per tenant, and does not to exceed two (2) square feet; (9) Memorial Signs and Tablets. Memorial signs and tablets permanently installed at building sites, which denote a noncommercial message, shall not exceed six (6) square feet in area; (10) Vehicle Signs. 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; 14 01065 (11) Menu Board Signs. Menu board signs (permanent) building mounted that do not exceed four (4) square feet in area (may u be illuminated) and only one per entrance; (12) Gasoline Pump, Telephone Booth, and News Rack. 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. (13) Residential Event Signs. On residential property, a sign denoting a one-time event, such as a garage sale, on the residential property may be may be posted no more than 24 hours before the one-time event, shall be removed no more than 24 hours after the event, and may be posted for not more than 72 hours. A one-time event sign shall have a sign area not to exceed three (3) square feet. (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 15 01065 (J) RM — Multiple -Family (K) 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 16 01065 n n n (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 (G) NOS — Natural Open Space (H) RC — Recreation Commercial (6) FM - Farm Market (7) SP/PP — Specific Plan/Precise Plan (8) PC — Planned Community 16 01065 n n n (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 17 01065 Maximum Height (in no case above Maximum Area Max. Aggregate Type of Sign District/Land Use eaves) (square feet)** Area/Notes** Awning Signs Commercial Min. T above 18 18 square feet or Districts sidewalk 30% of valance area, whichever is less. Building -mounted TC, GC, NC, RC, 25 feet above grade 18 square feet per 24 square feet per (wall) signs*** OSR, P&I tenant plus one wall exposure per (flush) project identification individual tenant. sign or major tenant Sign placement for sign per building, tenants shall be on with a sign area the same wall equal to one square exposure as the foot for every lineal tenant's main entry foot of wall area whenever feasible. where the sign is to Change of copy be placed, up to a signs where the maximum of 50 sign area or support square feet. structures are not altered may be approved administratively. CM, IP 25 feet 60 80 square feet per exposure per elevation (side). OC 25 feet 18 square feet per 18 square feet per tenant plus one wall exposure per project identification tenant. Signs for sign or major tenant tenants shall be sign per building, encouraged on the with a sign area same wall exposure equal to one square as the tenant's foot for every lineal main entry foot of wall area whenever feasible. where the sign is to Change of copy be placed, up to a signs where the maximum of 50 sign area or support square feet. structures are not altered may be approved administratively. 17 01065 18 01065 n i! n Maximum Height (in no case above Maximum Area Max. Aggregate Type of Sign District/Land Use eaves) (square feet)** Area/Notes** Building -mounted All Districts 15 feet 8 Included as signs (projecting, aggregate for hanging or building -mounted suspended) (flush). Shall be minimum 7 feet above grade. Banners Nonresidential Maximum of 1 (promotional and Districts temporary sign per grand opening) tenant or suite (not including subleases) not to exceed 48 square feet, nor to exceed 45 days a year, one time only. Banners shall only be mounted on building facades. Community Development Director may extend time limits for a temporary business banner is displayed with a signed contract that states when a permanent sign will be completed. Time extensions shall not include promotional banners. Construction signs All Districts 8 feet 16 Sites more than (major) 10,000 square feet. Construction signs All Districts 4 feet 6 Sites less than (minor) 10,000 square feet. Directory signs All Districts 12 Letters shall not exceed 6 inches in height. Memorial signs and 6 tablets 18 01065 n i! n 19 01065 Maximum Height (in no case above Maximum Area Max. Aggregate Type of Sign District/Land Use eaves) (square feet)** Area/Notes** Menu/order board At the discretion of A maximum of 2 signs (permanent) the Planning menu/order boards Drive-through menu Commission, but in are permissible boards no event greater subject to Planning than 45 sq. ft. per Commission review menu/order board of a sign program and subject to the final discretion of the City council. Drive-through directional signs shall not count towards the menu board aggregate area. Monument signs* TC 6 feet height 24 Multiple signs may (freestanding) exceed maximum area requirements for separate entries with adequate separation subject to Planning Commission approval. GC, NC, CM, IP, 6 feet height 60 OC, P&I Auto Dealership 25 feet height 60 Murals (artistic Nonresidential 48 See Section 9.3 - proposals not Districts 543. classified as wall signs) Flags Nonresidential 35 feet height 40 1 per parcel. Districts Residential Districts 20 feet height 24 Noncommercial Nonresidential signs (on-site) Districts Noncommercial All Districts 6 feet height 9 Additional signage temporary signs available during certain periods of time. See Section 9.3-543(f)(2). Permanent window Commercial and Not to exceed 25% signs Industrial Districts of the window area. Permanent neon 4 window signs 19 01065 Type of Sign District/Land Use Maximum Height (in no case above eaves) Maximum Area (square feet)** Max. Aggregate Area/Notes** Portable signs Nonresidential 4 feet, 6 inches 5 Maximum one Districts portable sign per tenant on sidewalks of private property, a foyer, portico or other building entry, within 50 feet of tenant main entrance. May be displayed only during business hours. Shall be professionally designed, 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 Commission approval is required. Professional 2 -F per tenant space. occupation signage 20 01065 n 21 01065 Maximum Height (in no case above Maximum Area Max. Aggregate Type of Sign District/Land Use eaves) (square feet)** Area/Notes** Public and P&I Maximum 15 feet 48 square feet Maximum of 1 institutional above grade. banner sign per temporary banners street frontage not to exceed 48 square feet or one per public street, private street, or railroad right-of- way; A banner program shall be submitted to the City on an annual basis, memorializing the proposed banners to be used throughout the year; Shall only be placed onto the perimeter fence/wall or building fagade adjacent to the public street, private street, or railroad right-of- way; Cannot be placed over or extending into the public rights-of-way, onto trees or landscaping, light standards. Real estate sale or All Districts 9 square feet for leasing signs lots less than one acre 16 square feet for lots more than one acre 32 square feet for lots adjacent to the 1-5 Freeway. The Development Services Director may approve a sign up to 60 square feet adjacent to the 1-5 Freeway, if unique visibility conditions exist. 21 01065 22 01065 Maximum Height (in no case above Maximum Area Max. Aggregate Type of Sign District/Land Use eaves) (square feet)** Area/Notes** Residential Signage 2 Not more than one per residence. Service station Nonresidential Please refer to Section 9-3.541 Service and Fuel Dispensing signs Districts Stations. Subdivision signs Residential and PC 6 feet 24 48 square feet per (permanent) Districts project entry, maximum 2 signs per entry. Subdivision signs Residential and PC 12 feet 32 64 square feet per (temporary) Districts subdivision, over 64 square feet requires Community Development Director approval. Temporary signs on 32 64 square feet produce stand located within 100 feet of the produce stand or less. Temporary signs in 3 feet if within 100 6 square feet if public right-of-way feet of an within 100 feet of intersection; 6 feet an intersection; 9 if 100 feet or more square feet if 100 away from an feet or more from intersection an intersection Temporary Maximum 45 days business signs pending construction of permanent signs. The Community Development Director may extend time limits with a signed contract that states when a permanent sign will be completed. Temporary window Not to exceed more signs than 25% of the total window area. Theater attraction Requires Planning signs Commission review. 22 01065 Type of Sign District/Land Use Maximum Height (in no case above eaves) Maximum Area (square feet)** Max. Aggregate Area/Notes** 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 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 the 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 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; 23 01065 (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: 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. 24 01065 (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: 25 01065 i. Be attached to a building face and project out perpendicular to the building wall and oriented to pedestrians on the sidewalk level. 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. 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. 19 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. (B) Location and Number. A minimum clearance of seven (7) feet must be maintained above any public right -of - 26 01065 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. (6) Awning Signs. (A) General Design Criteria. Awning signs shall comply with the following design criteria: i. 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 27 01065 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 28 01065 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) Noncommercial. 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. Mural proposals which are classified as a wall sign shall conform to the design standards applicable to wall signs. (B) General Design Criteria. Murals shall comply with the following design criteria: L No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed ii. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted or affixed. iii. No part of a mural shall exceed a height of the first floor or 15 feet above grade. iv. No mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message). V. No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material may be placed on roll down security doors on a commercial or industrial building. W (C) Location and Number. Murals may be located on any building wall. There is no specific limit on the number of murals permitted. (D) Size. Murals may not exceed, in the aggregate, 48 square feet per building wall. (E) Illumination. May be externally illuminated in accordance with Section 9-3.543(b)(6). (F) 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: 30 01065 r n n i. Are used for multi -tenant buildings to provide a directory of tenant locations within the building. ii. May serve as the address sign for the property. 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 subleases) for one time only, for a maximum of forty-five (45) days per calendar year. The Community Development Director 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 within 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 31 01065 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 maximum 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. 32 01065 (9) Public and Institutional Temporary Banners. Properties in the Public and Institutional Zones shall be allowed temporary banners as follows: (A) A banner program shall be submitted to the City on an annual basis, memorializing the proposed banners to be used throughout the year. The program shall detail the following: i. Location of all banners ii. Size of all banners iii. Anticipated message on each banner iv. Anticipated timeframe of the posting of each banner. (B) A maximum of one banner per each public street, private street, or railroad right-of-way frontage; (C) A maximum of one banner facing a public street, private street, or railroad right-of-way; (D) Each temporary banner shall not exceed 48 square feet; (E) Temporary banners shall only be placed onto the perimeter fence/wall or building fagade facing and/or adjacent to the public street, private street, or railroad right-of-way. Temporary banners cannot be placed over or extending into the public rights-of-way, onto trees or landscaping, light standards or higher than 15 feet above adjacent grade; (F) Temporary banner shall be removed within seven days of the conclusion of event or special announcement. (G) Any temporary banner sign exceeding the standards listed above shall require application of a sign program to be reviewed and approved by the Planning Commission and possibly review by the Design Review Committee prior to issuance of a banner sign permit. (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: 33 01065 (1) The sign complies with all other applicable criteria of this section; i7 (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. (I) 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, if 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 (J). (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 f signs removed in accordance with this subsection shall 34 01065 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 of 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 (24) hour notice. A notice of removal will be affixed to the illegal sign during this twenty-four (24) 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 (24) 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 of ninety (90) days which no longer advertises or 35 01065 identifies an ongoing business, product, or service available on the business premises where the sign is located. 1 r � (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 is 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. L 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. ii. 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 r 36 01065 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) Penalties. L Fines. A violation of this section may be punishable by fines up to the following amounts: a. For a first violation, one hundred dollars ($100) for the first day of the violation plus ten dollars ($10) per day that the violation continues after the first day. b. For the second violation within one year of the first violation, two hundred dollars ($200) for the first day of the violation plus twenty dollars ($20) per day that the violation continues after the first day. C. For the third and each subsequent violation within one year of the first violation, five hundred dollars ($500) for the first day of the violation plus fifty ($50) per day that the violation continues after the first day ii. Nuisance. Notwithstanding any other provision of this section, any illegal or abandoned sign is 37 01065 declared a nuisance and may be abated pursuant to this Municipal Code. iii. In addition to the above, every violation of any provision of this section shall be punishable as set forth in Chapter 2 of Title 1. SECTION 5.San Juan Capistrano Municipal Code, title 9, Land Use, appendix A, Definitions, is hereby amended as follows: APPENDIX A. DEFINITIONS Flag: A visual display device, with or without copy, usually rectangular in shape made of flexible material, usually cloth, that is attached to a support structure usually on one side such that display does not easily maintain its shape without wind. Produce stand: A temporary, generally open-air, structure stationed for the sale of produce or related items. Sign: Any medium of visual communication, including copy, structure, component parts, and humans which is used or intended to be used to attract attention to and identify an establishment, product, service, activity, location, convey a message, or to provide information. Sign area: The area of the sign measured as set forth in Section 9- 543(b)(7). Sign, banner: A visual display device, with or without copy, usually rectangular in shape made of flexible material, usually cloth, paper, or plastic, that is attached to a support structure or building fagade on at least two sides such that display maintains its shape. Sign, billboard: An off-site sign used for advertising purposes and whose copy or message is changed from time to time. Sign, building -mounted: A sign affixed to or painted on a building, including awning, window, or canopy. Sign, commercial: Any sign which is intended to attract attention to a commercial activity, business, commodity, service, entertainment or 38 01065 attraction sold or offered, and which is to be viewed from public streets or ' public parking areas. Sign, construction: A sign containing information pertaining to a future development or ongoing construction on the site where the sign is located, including the name of the project, developer, contractor, architect, financing source, future occupant(s), and other information directly related to the development. Sign copy: Any words, letters, numbers, designs, logos, or other symbolic representations incorporated into the face of a sign. Sign, directional: A sign directing motorists or pedestrians to parking or building entrances or providing similar directional information. Sign, externally illuminated: A sign which a source of light is used in order to make readable by projecting light onto or around the message or copy of the sign. Sign face: The exterior surface of sign, exclusive of structural supports, on which is placed the sign copy. Sign, freestanding: A sign supported by a base, uprights, or braces placed upon or into the ground and detached from any building. Sign, freestanding pole: A sign supported upon the ground and mounted on poles and not attached to any building. Sign, freestanding monument: A sign that is supported by a solid base of masonry, brick, block, or wood. Sign height: The height of a sign measured as set forth in Section 9- 3.543(b)(7). Sign, identification: A sign whose commercial copy is limited to the name, type of business, and address of the building, business, office, establishment, person, or activity. Sign, internally illuminated: A sign that a source of light is projected through a transparent material that consists of the letters of the message or sign copy. Sign, major tenant: A business in a multi -tenant center which occupies more than fifteen (15) percent of the net building square footage of a building or whose building area is designated as a major tenant suite by the Planning Commission as part of an approved sign program. Sign, manipulated by an individual: A sign that is carried, spun, tossed, or 39 01065 otherwise handled or controlled by a person. Sign, marquee: A building -mounted sign which is attached flush to or painted on the front of a marquee or similar architectural projection. Sign, mobile billboard: An advertising display that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising. Sign, multi -faced: A single sign having two or more faces. Sign, multiple: A sign structure to which are attached two (2) or more separate signs. Sign, mural: An original work of art that is applied or attached to an exterior wall. A mural shall be considered a wall sign if it contains words, logos, trademarks or graphic representation of any person, product or service that identify a business. Sign, neon: A sign of clear glass tubing to create sign copy using a neon gas as a visible illuminating light source. Sign, off-site: A sign referring to a person, establishment, merchandise, service, event, or entertainment which is not located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. Sign, on-site: A sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. Sign, pedestrian: A small sign readable primarily from the abutting sidewalk or other walkway, but generally not from the street. Sign permit: An entitlement from the City to place or erect a sign. Sign, portable: Any sign, other than a mobile sign, designated or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. Portable signs are designed to be moved easily and are not permanently affixed to the ground, a structure, or building, or vehicle. Sign, projecting: A building -mounted sign where the face is not parallel to the building, but which projects out at an angle. Sign, real estate: A sign indicating that the premises on which the sign is located are for sale, lease, or rent. 40 01065 Sign, roof: A sign erected upon or above the roof eave of a building or other structure. Sign, separated panel: A single sign composed of individual panels separated by air space between the panels. Sign size: See definition for "sign area." Sign structure: The structural supports, uprights, and bracing for a sign. Sign, temporary: A sign utilized to for an interim period. Sign under canopy: A sign suspended beneath a projecting canopy, walkway cover, or awning ceiling; said signs are considered building - mounted. Sign, valance: Cloth, vinyl, fabric or similar material that hangs from the edge of an awning or canopy. Sign, wall: A sign attached to, erected against, or painted onto a wall of a building or other structure with the exposed face of the sign in a plane parallel to the wall. Sign, window: Any written representation, emblem or other figure or similar character painted on or otherwise affixed to a window, excepting that portion of sign copy that identifies days and hours a business is open; any interior sign within five (5) feet of any window and visible from off the subject building site shall be considered a window sign. SECTION 6.If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Juan Capistrano, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933. SECTION 8. The City Council hereby directs staff to prepare, execute and file a Notice of Exemption with the Orange County Clerk within five working days after the passage and adoption of this Ordinance. 41 01065 SECTION 9.The record of proceedings relating to this Ordinance are located at City Hall 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The custodian of records is the Community Development Director. APPROVED AND ADOPTED by the City Council of the City of San Juan Capistrano on this 161h day of April 2019. BR I . MARYOTT, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1065 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 2nd day of April 2019 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 16th day of April 2019 by the following vote, to wit: AYES: COUNCIL MEMBERS: Reeve, Taylor, Farias, Bourne, and Mayor Maryott NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C — i RIA MORRIS, CjVY CLERK 42 01065 5 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 3rd day of April 2019, 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 SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CODE AMENDMENT 18-006 TO AMEND SAN JUAN CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE SECTION 9-3.543, SIGNS, AND APPENDIX A, DEFINITIONS This document was posted in the Office of the City Clerk I, MARIA MORRIS, CITY CLERK San Juan Capistrano, California 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, I caused to be posted a certified copy of Ordinance No. 1065, adopted by the City Council on April 16, 2019, entitled: AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CODE AMENDMENT 18-006 TO AMEND SAN JUAN CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE SECTION 9-3.543, SIGNS, AND APPENDIX A, DEFINITIONS This document was posted in the Office of the City Clerk MARIA MORRIS,CITY CLERK San Juan Capistrano, California 43 01065