HomeMy WebLinkAbout83-12 Relating to Off-Premises Advertising SignsORDINANCE NO. 83-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REPEALING ARTICLE 2,
SECTIONS 5-149 THROUGH 5-156, INCLUSIVE, OF
TITLE 5, CHAPTER VI OF THE COSTA MESA MUNICIPAL
CODE, AND ADDING ARTICLE 2, SECTIONS 5-149
THROUGH 5-157, INCLUSIVE, TO TITLE 5, CHAPTER VI,
RELATING TO OFF -PREMISES ADVERTISING SIGNS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
SECTION 1. The City Council of the City of Costa Mesa finds and
declares that the United States Supreme Court, in the case of Metromedia
v. San Diego, 453 U.S. 490 (1981), invalidated an ordinance having cer-
tain features in common with some sections of the Costa Mesa Municipal
Code relating to off -premises advertising signs, and that that decision
calls into question the constitutional validity of those Costa Mesa
Municipal Code sections. Therefore, it is necessary for the City to
amend its off premises advertising sign ordinance to c m ply with this
change in the law.
Accordingly, the City Council hereby amends the Costa Mesa Municipal
Code as follows:
SECTION 2.
1. Repeal Article 2 of Title 5, Chapter VI, Sections 5-149 through
5-156, inclusive.
2. Add Article 2, Off -Premises Advertising Signs, Sections 5-149
through 5-157, inclusive, to Title 5, Chapter VI, to read as follows:
"Section 5-149.
Off-Prenises Advertising Signs; Definitions.
(1) Billboard and outdoor advertising structure are equivalent terms
that mean a sign that advertises a business, product, activity, or service
other than that which is available at or conducted on the premises on which
the sign is located, or conveys any commercial or noncommercial message,
and includes the structure used to display same.
(2) Directional sign shall mean an off -premises sign that advertises
the initial sales of industrial, commercial or dwelling units within a
land development located in the City of Costa Mesa."
"Section 5-150.
Permissible Height and Area; Inclusion of Area in
Total Signage Area of Site; Changes of Copy on
On -Site Signs Permitted; Directional Signs.
(a) The provisions of Sections 5-123 and 5-124 of this Chapter con-
cerning the permissible height and area of on -premises ground signs shall
also apply to all billboards, and the total area of any billboards shall
be included in the calculation of sign area for the purpose of determining
compliance with the provisions of Sections 5-123(E) and 5-124(a) of this
Chapter, except as provided in subsection (b) of this section. Variances
from the provisions of subsection (a) and (b) of this section may be
granted in accordance with Section 5-127 of this Chapter.
(b) The area of any billboard that was legally erected before the
effective date of this Ordinance shall not be included in the calculation
of sign area for the site on which it is located until any new building is
placed or constructed on that site, after which the calculation of sign
area shall include the area of all billboards on the site, whether erected
prior to the effective date of this Ordinance or thereafter.
(c) An application for a change -of -copy permit for on -premises sign-
age shall not be denied solely because the area of any billboard that was
legally erected before the effective date of this Ordinance, when added
to the area of on -premises signage, causes the total existing signage to
exceed that permitted for the site.
(d) One directional sign may be approved for each development that
offers for sale twenty (20) or more units and is located within the City of
Costa Mesa. Directional signs shall not exceed thirty-two (32) square -feet
in area nor twelve (12) feet in height and shall be nonilluminated. Since
these signs are temporary, the area of such signs shall not be included in
the calculation of sign area for the sites on which they are located."
"Section 5-151. Administrative Procedures.
(a) Permit Required.
It shall be unlawful for any person to erect, maintain or relocate
a billboard or a directional sign without first obtaining a permit therefor
pursuant to the provisions of this section. Such permit shall be in addi-
tion to any building permit and electrical permit that may be required. No
permit shall be required, nor any fee be charged, for changes of copy on
billboards or directional signs.
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(b) Application Procedures.
Application for permits for directional signs or billboards shall
be made to the Department of Development Services on forms provided by that
department and shall be accompanied by the following:
(1) Site plans, sign elevations, 'and similar materials as may be
required by the Planning Division; and
(2) Payment of a non-refundable fee, in an amount set by resolu-
tion of the City Council, to cover the cost of investigation
and processing of the application.
(c) Review of Sign Application.
(1) General. The Department of Development Services shall in-
vestigate the proposed site and sign as proposed and, within
eleven (11) working days after filing of the application,
shall issue the permit with or without modification or shall
disapprove the application in accordance with the provisions
of this article. Any such decision may be appealed to the
Costa Mesa Planning Ccmmission within seven (7) days of
mailing of notice of the decision to the applicant.
(2) Grounds for Disapproval. No permit shall be issued for any
sign which violates the specific requirements of this Article
or which, because of its location or physical characteristics,
is determined to be detrimental to the public health, safety,
or welfare.
(3) Deposit and Right -of -Entry Agreement. As a condition of
approval for a directional sign or billboard, the Department
of Development Services shall require a deposit of cash or
negotiable securities and a right -of -entry agreement, signed
by the owner or lessee entitled to immediate possession of
the premises, to assure prompt removal of a permitted sign
upon expiration or revocation of the permit.
(4) Time Limits. Directional sign permits shall be valid, for a
period not to exceed one year, until all units advertised
have been sold, unless previously revoked. Billboard permits
shall be valid for one year, unless previously revoked, and
shall be renewable annually by the Director of Development
Services or his designee, provided that the permittee has
complied with all the requirements of this article and
there are no changed conditions such that the sign has
become a hazard to public health or safety.
(d) No Effect on Other Conditions of Development.
This article is not intended to limit the number or type of con-
ditions that may be imposed upon a proposed development."
"Section 5-152. Additional Requirements and Restrictions.
(a) No billboard may be placed within one hundred fifty (150) feet of
another such sign, or of any on-site ground sign, on the same site.
(b) All billboards shall be placed in a landscaped planter equal in
area to twice the area of one sign face.
(c) No directional sign or billboard may be placed in a location so
as to obstruct other legal, conforming signs within one hundred fifty (150)
feet.
(d) Billboards and directional signs which overhang driveways or
parking areas must maintain a vertical clearance of at least sixteen (16)
feet above such areas.
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Mesa:
(e) The following signs shall not be permitted in the City of Costa
(1) Signs which incorporate in any manner any flashing, moving,
or intermittent lighting (this does not include public ser-
vice signs, such as time and temperature units);
(2) Signs which by color, wording, design, location or illumina-
tion resemble or conflict with any traffic -control device
or with safe and efficient flow of traffic;
(3) Signs that create a safety hazard by obstructing clear view
of pedestrian and vehicular traffic;
(4) Signs projecting into the public right-of-way.
(5) Portable signs;
(6) Signs incorporating mechanical movement.
(f) All billboards and directional signs shall be maintained in good
order and repair, with respect to both appearance and structural soundness."
(g) An exception may be granted for relief from the requirements of
subsections (a) and (b) of this section, in accordance with the standards
and procedures outlined in Sections 13-341 through 13-354 of Article 23,
Chapter II, Title 13.
"Section 5-153. Tax.
All billboards and directional signs, including those erected or
installed prior to the effective date of this Ordinance, shall be subject
to an annual tax which is due and payable on the date on which any permit
is issued for such sign, and on each anniversary thereof, while the sign
remains. The tax for any sign that was legally erected without a permit
shall be due and payable on the first business day following June 30 of
each year while the sign remains. The tax is twenty cents ($.20) for
each square foot of sign area."
"Section 5-154. Prohibition of Off -Premises Advertising Signs
Except in Commercial and Industrial Zones.
It shall be unlawful for any person to erect or maintain any bill-
board or directional sign except in a ccnv ercial or industrial zone."
"Section 5-155. Revocation of Permit.
(a) The following shall be grounds for revocation of a permit for a
directional sign or billboard:
(1) Failure to pay the off -premises advertising sign tax when due;
(2) Failure to maintain the sign in good order and repair;
(3) Failure to maintain in good condition the landscaping in the
planter containing the sign;
(4) Violation of any specific requirement or restriction imposed
by the provisions of this Article.
(5) That the sign has become a hazard to public health or safety
because of changed conditions or circumstances in the sur-
rounding area.
(b) When any ground for revocation of a billboard or directional sign
permit appears to exist, the Director of Development Services or his designee
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shall mail notice to the permittee specifying the facts constituting the
grounds for revocation. If the condition is not corrected within 30 days
of such mailing of notice, the Director of Development Services shall
request that the Costa Mesa Planning Ccmamission revoke the permit, and the
Planning Commission shall hold a public hearing thereon, upon written notice
mailed to the permittee and such other persons as the Director of Develop-
ment Services may consider to be affected by the decision. The decision of
the Planning Commission may be appealed to the City Council in accordance
with Costa Mesa Municipal Code Sections 2-300 et seq. Any revocation of a
permit pursuant to this Article shall become effective upon expiration of
the time for appeal if no timely appeal is filed; if a timely appeal if
filed, the revocation shall become effective upon affirmance by the City
Ccuncil.
(c) %ben a permit is revoked upon the grounds specified in paragraph
(a)(5) of this section, the permittee shall be entitled to a pro rata refund
of any off -premises advertising sign tax he has paid, after the sign has
been removed . "
"Section 5-156. Removal of Billboards and Directional Signs.
Upon the expiration or revocation of any off -premises advertising sign
permit, the permittee shall remove such sign within thirty (30) days of
mailing of written notice to him. If the sign is not removed within such
period, the Director of Development Services may have the sign removed pur-
suant to the right -of -entry agreement and may use the permittee's deposit to
defray the cost of removal. Within 24 hours of removal, notice of removal
and storage shall be mailed to the sign owner as shown on the records of the
City of Costa Mesa, together with notification that he may request a hearing
to determine the propriety of the removal and storage. If such request for
hearing is received within 30 days after removal, the City Manager or his
designee shall hold a hearing within 48 hours of receipt of the request, or
as soon as feasible with written notice to the sign owner. If the removal
is found to have been improper, the cost of removal, storage, and re -emplace-
ment of the sign shall be borne by the City of Costa Mesa. Any sign re-
moved by the City of Costa Mesa pursuant to this section shall be stored
for 30 days, within which period the owner may claim and remove it upon
payment of such portion of the cost of removal and storage charges as was
not covered by the deposit. If the cost of removal is less than the amount
of the deposit, the remainder may be used to offset the cost of storage,
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and the excess, if any, shall be refunded to the depositor. Any sign that
that remains unclaimed after 30 days of storage plus any extension of time
for an administrative hearing shall be destroyed or otherwise disposed of
at the direction of the Director of Development Services."
"Section 5-157. Severability.
If any section, subsection, sentence, clause, phrase, or portion of
this Article is for any reason held to be invalid or unconstitutional by
the decision of any court of canpetent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The
City Council of the City of Costa Mesa declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions may be declared
invalid or unconstitutional."
SECTION 3. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days fran 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 or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause
to be published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with the
names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this day of , 1983.
J
Mayor of the City of Costa Mesa
ATTEST:
O
City Clerk of EHe City'of t 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. 83-12 was introduced and considered sectip n by
recti n at a regular meeting of said City Council held on the g1d4day
of , 1983, and thereafter passed and adcpW as a whole
at a re meeting of said City Council held on the 6f14 day of
, 1983, by the following roll call vote:
��/f �C
AYES: COUNCILMEMBERS: �G'C.x417j
NOES: COUNCILMEMBERS:�-�+
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I haveh r nto set my an and affixed the Seal
of the City of Costa Mesa this day of , 1983.
Ciy Jerk and ex -officio Clerk o the
City Council of the City of Cost Mesa
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