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HomeMy WebLinkAbout74-25 - Establishing a Comprehensive Sign CodeORDINANCE NO. 74-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A COMPREHENSIVE SIGN CODE, DEFINING TERMS USED THEREIN, SETTING FORTH ADMINISTRATIVE PROCEDURES AND GENERAL PROVISIONS, CREATING A PLANNED SIGNING PROGRAM AND METHOD FOR ITS EMPLOYMENT, ADOPTING CERTAIN REGULATIONS FOR VARIOUS ZONING DISTRICTS, SETTING FORTH AN AMORTIZATION SCHEDULE, PROVIDING FOR VARIANCE PROCEDURES FROM SAID ORDI- NANCE, ESTABLISHING CERTAIN PROHIBITIONS, PROVIDING FOR ENFORCEMENT OF SAID ORDINANCE AND REPEALING ALL SECTIONS OF THE COSTA x''ESA MUNICIPAL CODE IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION I INTENT AND PURPOSE The intent of this ordinance is to promote commerce, traffic safety, and community identity while improving the quality of the visual environment. After extensive study, it has been determined that these objectives may best be achieved by limiting the total amount of signing along City streets to an intensity that can he seen by motorists. This ordinance intends to make every business more "findable" aiirl ,j eliminate the clutter and confusion which now detract from community appearance. SECTION II DEFINITIONS 1. Activity "Activity" shall mean a business establishment with direct access to a parking lot or public right-of-way and under separate management from any other business establishment within the same building. 2. Advertising Statuary "Advertising Statuary" shall mean an imitation, representation or similitude of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used for commercial purposes. 3. Alteration "Alteration" shall mean any change of copy, color, size, shape, illumination, position, location, construction, or supporting structure. 4. Area of Sign "Area of Sign" shall mean the area included within the outer dimensions of a sign. The area of multiple face signs shall mean one-half the total surface area. In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be the sum of the area of each letter, shape or figure. The area of each letter, shape, or figure shall be computed by enclosing the letter, shape, or figure within sets of parallel lines. In the case of Advertising Statuary, "Area of Sign" shall mean the entire surface of the advertising statuary. 5. Attraction Board "Attraction Board" or "Reader Board" are equivalent terms which shall mean a changeable copy sign. 6. Banner, Flag, or Pennant "Banner, Flag, or Pennant" shall mean any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to, or appended on or from any structure, staff, pole, line, framing, or vehicle. Flags referred to herein, when the flag is of a nation or of the State of California, and is displayed as such in an appropriate manner, shall be excepted from these regulations. 7. Canopy Sign "Canopy Sign" shall mean any sign attached to the underside or con- structed upon a projecting canopy, protruding over a private sidewalk. 8. Commercial Districts "Commercial Districts" shall include the Cl, C2, AP, C1 -S Districts, and all other zoning classifications which are consistent with the commercial designation of the Costa Mesa General Plan and for which specific sign regulations have not been adopted. 0 9. Construction Sign "Construction Sign" shall mean a sign stating the name of the future V site occupant and may include the name, address, and telephone number of businesses directly related to the construction project. 10. Convenience Sign "Convenience Sign" shall mean a sign not larger than six (6) square feet which provides directional information and is designed to be - 2 - s viewed on-site or adjacent to the site by pedestrians and/or motorists. 11. Directly Lighted Sign A "Directly Lighted Sign" shall mean a sign which has light cast on the surface from an interior source. 12. Grade "Grade" shall mean the level of the public sidewalk or curb closest to the sign. 13. Ground Sign "Ground Sign," "Pole Sign," "Pylon Sign," "Free -Standing Sign," or "Monument Sign" shall mean a sign supported by one or more braces in or upon the ground. 14. Illegal Sign "Illegal Sign" shall mean any sign placed without proper government approval and/or permits as required by the Costa Mesa Municipal Code at the time said sign was placed. "Illegal Sign" shall also mean any non -conforming sign which has exceeded its authorized amortization period. 15. Illuminated Sign "Illuminated Sign" shall mean any sign in which an artificial source of light is used. 16. Indirectly Lighted Sign "Indirectly Lighted Sign" shall mean a sign which has light cast on the surface from an exterior source. 17. Industrial Districts "Industrial Districts" shall include the M1, M2, ML, MG, 'KH, and MP Districts and all other zoning classifications which are consistent with the industrial classifications of the Costa Mesa General Plan and for which specific sign regulations have not been adopted. 18. Item of Information "Item of Information" shall mean a word, design, symbolic representation or figure. - 3 - 19. Major Occupant "Major Occupant" shall mean the primary tenant of a building or complex, designated as such by the property owner. 20. Minor Variance "Minor Variance" shall mean a deviation in sign area, height, setback, separation, or other sign code specification not to exceed ten percent (10%) of said specification. The "Minor Variance" provision shall apply only to existing legal signs made non -conforming by the adoption of this ordinance. 21. Non -conforming Sign "Non -conforming Sign" shall mean a sign which was validly installed under laws or ordinances in effect prior to the effective date of this ordinance or subsequent revisions, but which is in conflict with the provisions of this ordinance. 22. Political Campaign Sign "Political Campaign Sign" shall mean a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election or referendum, or pertaining to the advocating by persons, groups, or parties of the political views or policies. 23. Projecting Sign "Projecting Sign" shall mean a sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicu- lar to the building wall. 24. Real Estate Sign "Real Estate Sign" shall mean a temporary sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, or lease, or rent. 25. Residential Districts "Residential Districts" shall mean the R1, R2, R3, R4, PD Districts and all other zoning classifications consistent with the high, medium, and low density classifications of the Costa Mesa General Plan and for 4 - which specific sign regulations have not been adopted. 26. Roof Sign "Roof Sign" shall mean a sign erected between the lowest and highest points of a roof. 27. Sign "Sign" shall mean any medium for visual communication, including its struc- ture and component parts, which is used or intended to be used to attract attention to an activity for identification or advertising purposes. 28. Sign Copy "Sign Copy" shall mean any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign with the purpose of attracting attention to the subject matter. 29. Sign Height "Sign Height" shall be measured from average ground level at the base of the supporting structure to the top of the sign. 30. Signable Area "Signable Area" shall mean that portion of a building wall that is unbroken by windows, doors, or other architectural features. 31. Site "Site" shall mean one or more parcels of land identified by the assessor's records and for which an integrated building development exists or has been proposed. 32. Super Graphic "Super Graphic" shall mean a painted design which covers all or a major portion of a wall, building facade, or other structure. A "Super Graphic" is a sign. 33. Temporary Window Sign "Temporary Window Sign" shall mean a non -illuminated sign painted directly onto a window with water soluble paint or painted on paper or fabric and placed behind a window. 34. Wall Sign "Wall Sign" shall mean any sign which is attached or erected on the exterior wall of a building with the exposed face of the sign parallel to said wall. - 5 - SECTION III ADMINISTRATIVE PROCEDURES 1. Permit Required A sign permit shall be obtained from the Planning Department prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign, including painted wall signs, unless exempted by Section IV-* of this ordinance. For the purpose of notifying property owners 5 of the existence of conforming signs and to regulate the number of information items, sign permit shall also be obtained prior to the change of copy of existing signs. A Building Permit and/or Electrical Permit may also be required. 2. Application Procedures Application for sign permits shall be made on forms provided by the Planning Department and shall be accompanied by the following material: A. Sign elevation (must indicate overall and letter/figure dimensions, colors, materials, proposed copy, illumination and/or movement characteristics). B. Site Plan (must indicate all signs existing or proposed for site with dimensions, colors, materials, cony, illumination and/or movement characteristics for each sign). C. Building elevations with signs depicted. 3. Review of Sign Applications A. General. The Planning Department shall review all sign applications within fourteen (14) calendar days of filing. The staff shall (a) approve, (b) approve with modification, or (c) deny any application in accordance with the provisions established by this ordinance. Any staff decision may be appealed in the manner pro- vided by the Costa Mesa Municipal Code. B. Planned Signing Program. Planned signing programs shall be approved by conditional use permit in the manner provided by Section V. C. No activity with non -conforming signing may be authorized additional signing except as a replacement of said non -conforming signing with signs that comply with the provisions of this ordinance. - 6 - D. Bond and right of entry agreement. As a condition of approval for temporary signage, the City may require a bond or other security and a right of entry agreement signed by the property owner to assure prompt sign removal upon expiration of the approval period. 4. Fees r A. Sign Permit Fees. No sign permit shall become valid until the applicant has paid a sign fee as follows: (1) All signs except those exempted in Subsection (2), (3), or (4): Per square foot $ 1.00 (2) Exempted Signs No Fee (3) Special Event Signing $ 10.00 (4) Change of Copy (on existing S 10.00 fixture) B. Planned Signing Program $100.00 Preliminary Application No Fee Amendment $ 50.00 C. Variance, except minor variance $100.00 D. Minor Variance $ 50.00 SECTION IV GENERAL PROVISIONS 1. Uncertainty of Ordinance Provisions Whenever the signing authorized an applicant is uncertain due to ambiguity of ordinance nrovisions, the application shall be referred to the Planning Commission for determination. The Commission shall then authorize signing which best fulfills the intent of this ordinance. 2. Prohibited Signs The following signs shall not be permitted in the City of Costa Mesa: A. Signs which incorporate in any manner any flashing, moving, or intermittent lighting. (This does not include public service signs, such as time and temperature units); - 7 - B. Signs which by color, wording, design, location, or illumination resemble or conflict with any traffic control device or with safe and efficient flow of traffic; C. Signs that create a safety hazard by obstructing clear view of pedestrian and vehicular traffic; D. Flags, banners, and pennants, except as authorized in Section IV -4; E. Signs projecting into the public right-of-wav; M1 F. Any ground or roof sign if the proposed sign would adversely affect conforming residential development; G. Portable signs; H. Mechanical movement; I. Signs which project above a parapet or the highest point of a roof. 3. Exempted Signs The following signs, if non -illuminated, are allowed in all districts with no permit required: A. Religious, charitable, educational, or cultural posters not exceeding six (6) square feet in area and temporary (thirty (30) days per calendar year) in nature. B. Governmental or other legally required posters, notices, and signs. C. Real Estate signs subject to the limitations provided by this ordinance for each district, or as otherwise provided by State Law. D. Political signs, when they pertain to an election, shall be placed no earlier than thirty (30) days prior to the election to which they pertain. Political signs must be removed within seven (7) days after election day. The candidate, person, or persons responsible for the placement of a political sign shall be responsible for its removal. Political signs shall not exceed twenty (20) inches by thirty (30) inches in size in residential areas. E. Temporary window signs shall not cover more than twenty-five percent (25%) of the window area. - 8 - 4. Special Event Signing A. General. Signing which does not meet the criteria established by this ordinance may be approved for a limited period of time as a means of publicizing special events such as "grand opening," "new model year," or "inventory sale." B. Approval Period. Approval for special event signing shall not exceed thirty (30) days per calendar year. C. Approval Procedure. The applicant shall submit a letter to the Planning Department which indicates the requested signing and display dates. The staff shall approve, approve with modifications, or deny the request in accordance with the provisions of this ordinance. 5. Convenience Signs The Planning Department may authorize the placement of signs which are needed for public convenience or safetv. Convenience signs are designed to be viewed from on-site, or adjacent to the site, by pedestrians or by the motorists while parking their automobiles. Convenience sign area shall not be included within the calculation of total sign area authorized. 6. Construction Signs Construction sites may display one construction sign, a maximum of sixty-four (64) square feet in area. The sign shall identify the future occupant (thirty-two (32) square feet maximum area) and may include additional panels which identify project participants (for example, the architect, landscape architect, contractor, and broker). Each panel may be a maximum of eight (8) square feet. Construction sign permits may not be issued until foundation permits for the project have been issued. A construction sign shall be valid for a period of one (1) year, or until the project has received final inspection, whichever occurs first. 7. Attraction Boards Changeable copy signs shall not require a permit to change copy. - 9 - 8. Abatement of Signs Relating to Inoperative Activities Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises, or sign copy on such signs shall be obliterated within thirty (30) days after the associ- ated enterprise or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to summary abatement pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice to abate the nuisance and shall be given the opportunity for a hearing. If, after such opportunity for hearing, the City Manager or his designated revresentative orders agents of the City to remove the nuisance, they shall have authority to enter upon the private property to remove the sign constituting the nuisance. The provisions of this subsection may be utilized separately from, as an alternative to, or in conjunction with, any other remedy provided by law. 9. Clearance from Utility Lines No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the State of California, or rules and regulations duly promulgated by agencies thereof. 10. Ordinance Limitations This ordinance shall not limit the informational contents of an activity's sign program, nor shall it limit the use of signs not visible from off-site. 11. Auxiliary Design Elements Table 1 indicates the design elements that may be used in Commercial, Industrial, and Residential Districts. (See Page 11) ewfl= TABLE 1 AUXILIARY DESIGN ELEMENTS DESIGN ELEMENT COA'MERCIAL INDUSTRIAL RESIDENTIAL Advertising Statuary Yes No No All Colors Allowed Yes Yes No Awning, Canopy Yes No No Banners, Flags, Pennants No No No Bare Bulb No No No Design Approval No No Yes Display Window Yes No No Flame Yes No No Flash (Intermittent Lighting) No No No Flood Lighting Yes Yes Yes Indirect Illumination Yes Yes Yes Internal Illumination Yes Yes No Movement (Including Electric and Wind) No No No Time and Temperature Yes No No Tube (Neon, etc.) Yes No No Window Permanent Yes No No (Twenty-five Percent (25%) of area) Window Temporary Yes No No (Twenty-five Percent (25%) of area) SECTION V PLANNED SIGNING PROGRAM 1. General In accordance with the provisions herein, signs may be authorized in commercial and industrial districts as a part of a Planned Signing Program notwithstanding that such signs do not conform to all specific regulations applicable in general to ground signs, wall signs, and other signs allowed pursuant to this ordinance. A Planned Signing Program is a voluntary, optional alternative to the general sign regulations, intended to encourage the maximum incentive and latitude in order to achieve variety and good design. The Planned Signing. Program option shall not be used to circumvent the objectives of this ordinance. 2. Site Development Requirements A. General. The Planned Signing Program is applicable only to sites which fulfill one of the following criteria: (1) Two (2) acre minimum area (2) Twenty-five Thousand (25,000) square feet minimum floor area (3) Five (5) or more activities B. Combination of lots. Two (2) or more contiguous lots may be combined for the purpose of fulfilling the site development requirements listed above under subsection V -2-A for a planned signing program. 3. Procedure A. Conditional Use Permit Required. A Planned Signing Program shall be approved by conditional use permit after the Planning Commis- sion has made the required findings. B. Findings Required. A Planned Signing Program may be approved only if the following findings are made: (1) The proposed signing is consistent with the intent of this ordinance and the General Plan. (2) Signs included in the Planned Signing Program meet the minimum design standards adopted for that purpose. (3) Approval does not constitute a grant of special privilege or allow substantially greater visibility than the standard ordinance provisions allow. 4. Design Standards Signs approved under the Planned Signing Program provisions shall be in harmony with and visually related to: A. Other Signs Included in Planned Signing Program. This shall be accomplished by incorporating several common design elements (such as materials, letter style, colors, illumination, sign type, sign shape) for each sign included within the program. B. Buildings. Signs must be compatible with the buildings that they identify. This shall be accomplished by utilizing materials, - 12 - colors, or design motif included in the building being identified. C. Surrounding Development. Approval of a Planned Signing Program shall not adversely affect surrounding land uses or obscure adjacent conforming signs. SECTION VI COMMERCIAL DISTRICTS 1. Establishment of Sign Districts Signing needs for commercial activities vary within the City of Costa Mesa as a function of variable viewing circumstances (including traffic speed, number of lanes, setbacks, and parcel size). In order to provide all activities with an equitable amount of signing, the following sign districts are hereby established: Sign District 1 Sign District 2 Sign District 3 Sign District 4 Sign District 5 2. Sign District Specifications Sign height, area, and letter height shall not exceed the maximum established for each district by Table 2, "Sign District Specifications." Where there is conflict with a more restrictive provision of this ordinance, the more restrictive provision shall be the maximum. TABLE 2 SIGN DISTRICT SPECIFICATIONS DISTRICT GROUND SIGN HEIGHT GROUND SIGN AREA LETTER HEIGHT 1 25 feet 120 square feet 28 inches 2 25 feet 90 square feet 24 inches 3 20 feet 60 square feet 20 inches 4 20 feet 50 square feet 16 inches 5 7 feet 15 square feet 14 inches - 13 - 3. Sian District Boundaries Sign district boundaries shall include all land area located within one hundred (100) feet from the centerline of the specified street. All other commercial areas of the City not specifically included within the boundaries of a below referenced district shall be included in Sign District 5. All areas within a sign district are not, and need not be, contiguous. TABLE 3 SIGN DISTRICT BOUNDARIES DISTRICT LIMITS SIGN DISTRICT STREET FROM CENTERLINE TO CENTERLINE 1 Harbor Boulevard 19th Street San Diego Freeway 2 Newport Boulevard 19th Street Bristol Street 3 Baker Street Bristol Street Fairview Road Sunflower Avenue 17th Street Orange Avenue Irvine Avenue 19th Street Harbor Boulevard Placentia Avenue 4 Adams Avenue Harbor Boulevard Newport Boulevard 19th Street Mesa Verde Drive Newport Boulevard 15th Street 19th Street Placentia Avenue Superior Avenue Vanguard Way Victoria Street Wilson Street 17th Street Newport Boulevard Orange Avenue 19th Street Newport Boulevard Harbor Boulevard 19th Street Placentia Avenue Whittier Avenue 5 All Other Streets * Indicates entire length of street included within the same district. - 14 - 4. Items of Information Each activity is limited to a maximum of seven items of information. The authorized information items may be used on one or more signs as further provided by this ordinance. 5. Maximum Sign Area The aggregate area of all signs (except exempt, convenience, and special event signs) on a site shall not exceed one (1) square foot of sign area per lineal foot of lot frontage on the right-of-way. Sign area may be used only to address right-of-way on which credit is calculated. In no case may any activity utilize more than five hundred (500) square feet of signage, regardless of street frontage. 6. Minimum Sign Area Sites with less than forty (40) feet of frontage, however, shall be authorized forty (40) square feet of signage to he used in a manner as further provided by this ordinance. 7. Ground Signs A. Site Requirements. (1) The activity is accessible by automobile and has off-street parking on premises. (2) A ground sign greater than fifteen (15) square feet in area and seven (7) feet in height may only be displayed if the building or structure in which the activity conducted is set back twenty (20) feet from the ultimate right-of-wav as shown on the adopted master plan of highways. (3) A ground sign greater than fifteen (15) square feet in area and seven (7) feet in height may only be displayed on a con- tinuous frontage of one hundred and fifty (150) feet or more. (4) No ground sign may be placed within one hundred and fifty (150) feet of another ground sign on the same site. B. Height and Area Limitations. Varies with observation conditions (See Section VI, Table 2). - 15 - C. Placement of Ground Signs. All new ground signs shall be placed in a landscaped planter equal in area to twice the area of one sign face. No ground sign may be placed in a location that will obstruct other legal, conforming signs within one hundred and fifty (150) feet. Ground signs must clear driveways and parking areas by sixteen (16) feet. A ground sign may not address a street from which it does not have direct access. D. Copy Restrictions. Ground signs may include the names of up to three (3) activities, not to exceed six (6) information items. E. Number of Ground Signs. No activity shall be authorized more than one (1) ground sign per street frontage to which the activity has direct access. 8. Roof Signs Above roof signs are prohibited. A variance, however, may be granted subject to Section X of this ordinance, and providing further, that the following shall apply in all cases: A. Section VI, Table 2, shall apply. B. Section VI, Table 3, shall apply. C. May indicate name of establishment only. 9. Attraction Boards Attraction Boards are prohibited. A variance, however, may be granted subject to Section X of this ordinance. If granted, Section VI -4 (Items of Information) shall not apply to said attraction board. 10. Wall Signs A. Each activity is authorized one (1) or more wall signs per building front which abuts a public street or parking area (forty-five (45) foot minimum width) and to which the activity has direct access. Wall signs may occupy up to forty percent (40%) of the signable area selected. Letter height shall not exceed limits listed by Section VI, Table 2. - 16 - B. An activity without frontage on a public street but with direct access to a driveway, parking area, or private sidewalk shall be permitted a wall sign, a maximum of fifteen (15) square feet in area. C. (1) Only activities on the first floor may be authorized a wall sign. (2) Signs shall be placed no higher than the first story. D. Letter Height: See Section VI, Table 2. Area: Forty percent (40%) of the signable area. 11. Canopy Sign A canopy sign shall be in lieu of a wall sign. A. Area: Minimum area of fifteen (15) square feet per activity or maximum area per site not greater than (Section VI, Table 2) area for ground sign. B. Letter Height: Section VI, Table 2. C. Minimum Ground Clearance: Eight (8) feet. D. Only single face canopy signs shall be allowed. Copy must be parallel to the street being addressed. 12. Projecting Signs Projecting signs shall not exceed fifteen (15) square feet in area. All projecting signs must clear finished grade by eight (8) feet. A projecting sign shall not be placed within one hundred and fifty (150) feet of another projecting sign on the same site. 13. Combination of Signs A. Location Signs. Each site shall be authorized to utilize, within the limits established by this ordinance, either ground sign(s), or projecting sign(s), or roof sign(s). B. Identification Signs. Each site shall be authorized to utilize within the limits established by this ordinance, either wall sign(s) or canopy sign(s). 14. Real Estate Sign Real estate signs shall not exceed fifteen (15) square feet in area or five (5) feet in height. 15. Ground Signs, Oriented to Freeway Traffic A. Site Requirements. Site shall have a minimum of one (1) acre and be located within three hundred (300) feet of a freeway exit. B. Height and Area Limitations. Maximum height, thirty-two (32) feet - Area, two hundred and thirty (230) square feet - Letter size, forty-two (42) inches. C. Copy Restrictions. May include name of establishment only. D. Combination of Signs. A site with frontage on a freeway right-of- way shall not be authorized more than one (1) of the following sign types on the frontage which addresses the freeway: (a) Ground Sign (b) Roof Sign (c) Wall Sign 16. Allocation of Shopping Center Signage Signing area authorized shopping centers and other integrated develop- ments shall be distributed among the activities included within the development. Signage may be distributed utilizing either method listed below: Method 1 - The property owner shall submit a plan indicating the intended distribution of signage. Method 2 - In lieu of a sign plan submitted by the property owner, the Planning Department shall allocate signage, using floor area as the method of determining pro rata shares. For each activity, the percentage of total site sign area shall be equal to or less than the percentage of site leasable floor area utilized by the activity. However, allowable signage for each activity with direct access to a public street or parking area shall not be less than fifteen (15) square feet. SECTION VII INDUSTRIAL DISTRICTS 1. Maximum Sign Area A. Sign Area Per Site. Sign area shall not exceed one (1) square foot of area per foot of building frontage. Sign area must be used on facade on which credit is calculated. - 18 - B. Sign Area Per Occupant. Within the limits established for the site, occupants shall be authorized a maximum of forty (40) square feet of sign area. In addition, the property owner may allocate an additional forty (40) square feet of sign area to be used to identify the site or one (1) major tenant. 2. Number of Signs Per Site The authorized sign area may be distributed among wall signs and, if authorized, one (1) ground sign. Only one (1) internally illuminated sign may be used per site. Occupants may display only one (1) sign per street frontage. 3. Wall Signs Wall signs may occupy up to forty percent (40%) of the signable area of the location selected. Letter height shall not exceed the limits established by Section VI, Table 2. 4. Roof Signs and Above Roof Signs Prohibited in industrial districts. 5. Projecting Signs Prohibited in industrial districts. 6. Ground Signs Ground signs shall be authorized for sites with a minimum area of one (1) acre, and with at least two hundred (200) feet of frontage on a right-of-way. Ground signs shall meet the following specifications: A. Forty (40) square feet maximum area. B. Maximum height: Five (5) feet. C. Identification of building complex or major tenant only. 7. Copy Restrictions Signs may display only the name and logo of the complex or site occupant. Street numbers shall be included with numerals equal to the letter height or one-half the maximum letter height indicated by Section VI, Table 2, whichever is less. - 19 - 8. Real Estate Signs Real estate signs shall not exceed fifteen (15) square feet in area, and five (5) feet in height. SECTION VIII RESIDENTIAL DISTRICTS 1. Permanent Signing A. Nameplates. One (1) nameplate containing the name of the occupant shall be allowed for each dwelling unit. Nameplates shall not be larger than one (1) square foot in area. B. Neighborhood Identification Sign. Neighborhood identification signs may be authorized for residential areas which include at least five (5) acres of land area. Prior to approval of neigh- borhood signs, the Planning Commission shall first determine that the proposed sign is compatible with the area being identified. C. Complex Identification Signs. Multi -family developments shall be authorized one (1) complex identification sign per street frontage. Identification signs shall be limited to one (1) square foot of area per dwelling unit, up to a maximum of thirty (30) square feet. Internally illuminated and painted signs shall be prohibited. Complex identification signs shall use subdued colors and shall be wall mounted or ground signs with a maximum height of five (5) feet, under the direction of the Planning Department. D. Non -Residential Signs. Signs which identify other activities which are authorized in residential districts shall be limited to fifteen (15) square feet, non -illuminated and placed under the direction of the Planning Department. 2. Temporary Signing A. Tract Signs. Subdivisions which offer a minimum of ten (10) units for sale, or lease, may erect a temporary tract sign within the boundaries of the tract. Tract signs shall be non -illuminated and no larger than eighty (80) square feet or higher than twenty-five (25) feet. Tract sign permits shall be valid for a period of - 20 - A one (1) year, or until all units have been sold or leased. The Planning Department, as a condition of approval, shall require a cash deposit, savings and loan certificate, or other security and a right of entry agreement to assure prompt removal upon expiration of the permit. B. Real Estate Signs. One real estate sign shall be allowed per lot, subject to the following specifications: (1) Maximum dimensions: Eighteen (18) inches by twenty-four (24) inches. (2) Colors: Green background with white figures and letters. (3) Copy restricted to: a. "For Sale by Owner" or "For Lease or Rent by Owner" and the owner's phone number. b. "For Sale by Agent" or "For Lease or Rent by Agent" and the agent's phone number. c. The agent's logo may be incorporated into the authorized real estate sign. d. One (1) "Open House" sign. C. Vacancy Signs. Apartment developments may display one (1) vacancy sign per street frontage during which time a vacancy exists. Vacancy signs shall be limited to six (6) square feet in area, and copy shall be limited to "vacancy" and type of unit available. SECTION IX AMORTIZATION 1. Intent It is the intent of this section to recognize that the eventual elimi- nation, as expeditiously as possible, of existing signs that are not in conformity with the provisions of this ordinance, is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this ordinance. It is also the intent of this section that any elimination of non -conforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. - 21 - 2. General Provisions A. A non -conforming sign may not be: (1) Changed to another non -conforming sign. (2) Structurally altered so as to extend its useful life. (3) Expanded. (4) Re-established after discontinuance for ninety (90) days or more. (5) Re-established after damage or destruction of more than fifty percent (50%) of the value. B. All illegal signs shall be removed or made to conform to this ordinance within ninety (90) days. C. All non -conforming signs shall be removed or made to conform to this ordinance according to Schedule I or Schedule II, which- ever is longer. 3. Schedule I Time periods are calculated from the effective date of this ordinance. Painted Wall Sign Twelve (12) months Wood Frame Sign Twenty-four (24) months Metal Frame, Neon Sign Thirty-six (36) months 4. Schedule II A. Time periods are calculated from the effective date of this ordinance. VALUE TIME PERIOD Under $500.00 One (1) year $500.00 to $1,000.00 Two (2) years For each $500.00 increment Six (6) months Maximum period Ten (10) years B. An owner of a sign who desires to rely on an amortization period longer than twelve (12) months for a painted wall sign, twenty- four (24) months for a wood frame sign, thirty-six (36) months for a metal frame or neon sign, shall file with the Planning - 22 - a Department, on forms provided, a statement setting forth the value of said non -conforming sign on the date of adoption of this ordinance. In no case, however, shall the declared value exceed the estimated replacement value for the said non- conforming sign. The Planning Department shall use the current construction costs for each sign type for estimating replacement value. The Planning Commission shall adopt a method by which the current value of non -conforming signs shall be determined. SECTION X VARIANCES AND MINOR VARIANCES 1. Intent of Variance Provision Variance from the terms of the sign code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict appli- cation of the ordinance deprives such property privileges enjoyed by other property in the vicinity, and under identical zoning classifi- cation and other restrictions. 2. Authority of City Council and Planning Director The City Council and the Planning Director shall have the authority to grant variances from the strict application of the rules, regulations, and provisions of this ordinance as follows: A. Jurisdiction. Before the City Council or Planning Director shall have jurisdiction to grant a variance, the applicant must show that due to the peculiar shape, size, location, or topography of the property, there are unusual conditions involved which would make the literal enforcement of the regulations of the ordinance result in practical difficulties which are unnecessary for the purpose of the ordinance and which would deprive the subject property of privileges enjoyed by other properties in the vicinity in the same zoning district classification, and under the same sign ordinance restriction. B. Limitations. Any variance which is granted shall be subject to such conditions as will assure that the adjustment thereby - 23 - authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity in the same zoning district and under the same ordinance restriction in which the subject property is located. C. Minimum Adjustment. In granting any variance under the provisions of the section, the amount of adjustment granted shall , be the minimum necessary to equalize the property rights. Condi- tions and safeguards shall be prescribed in connection therewith as are necessary to protect the purpose and intent of this ordinance, the General Plan of the Citv, and the general welfare of the community. D. Public Welfare. The granting of any variance shall not be materially detrimental to the public welfare or injurious to property improvements in the vicinity. The City Council and/or Planning Director shall ensure that the granting of a variance will be compatible with the purpose and intent of this ordinance, and not injurious to the public health, safety, and general welfare. 3. Minor Variance Powers: Planning Director The Planning Director shall be authorized to approve, after making the necessary determination in writing, minor variances from the terms of this ordinance. The minor variance provisions shall apply only to legally placed signs made non -conforming by the adoption of this ordinance. 4. Variance Powers: City Council The City Council shall be authorized to approve variances from the terms of this ordinance. SECTION XI REPEAL OF CONFLICTING ORDINANCES All ordinances, or portion of an ordinance in conflict with the provisions of this ordinance, are hereby repealed. SECTION XII SEVERABILITY OF ORDINANCE It is hereby declared to be the intention of the City Council that the - 24 - 0 sections, paragraphs, clauses, and phrases of the ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional, invalid, or unenforceable by the valid judgement or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance. SECTION XIII PENALTIES, CONTINUING VIOLATIONS Section 1-33 of the Costa Mesa Municipal Code shall apply. SECTION XIV This ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of March, 1974. ATTEST: City Clerk of the City of Costa M a riavor of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 74-25 was introduced and considered section by section at a regular meeting of said City Council held on the 4th day of March, 1974, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of March, 1974, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 19th day of March, 1974. ,-'K% F . C ty Clerk and ex -officio Clerk o e City Council of the City of Costa esa - 25 -