HomeMy WebLinkAbout86-01 Concerning Changes to Clarify the Sign OrdinanceI
ORDINANCE NO. 86-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, CONCERNING CHANGES
TO CLARIFY THE SIGN ORDINANCE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
1. Some sections of the Sign Ordinance contain wording which is, in
some degree, inexplicit or unclear and which has required administrative
interpretation;
2. Some sections of the Ordinance have become obsolete because zones
have been deleted, amortization periods have expired, or for other reasons;
3. Sections 5-126(E)(1) and 5-126(E)(2) are in conflict with one
another;
4. It is in the public interest to clarify the language of the Ord -
finance, remove obsolete sections and resolve conflicts between sections.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends
Title 5 of the Costa Mesa Municipal Code as hereinafter set forth:
SECTION 2.
1. Add Chapter VI, Article 1, Section 5-117 as follows:
"INTENT AND PURPOSE.
The intent of this article 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 be seen by motorists. This article intends to
make every businesss more "findable" and to eliminate the clutter and
confusion which now detract from community appearance."
(Only change is renumbering to allow insertion of section on enforcement).
2. Amend Section 5-118 to read:
"ENFORCEMENT.
1. As used in this Chapter "person(s) deemed responsible" shall
mean any or all of the following: (a) the person or entity who owns the
real property upon which the sign exists; (b) the occupant of any premises
upon which the sign exists; (c) the owner of the sign; (d) the person or
entity who erects, places, or alters the sign.
2. Criminal prosecution. Any person, whether as principal, agent,
or employee, violating the terms of this chapter shall be guilty of a misde-
meanor. The City Attorney may, at the request of the Development Services
Director, cause a criminal complaint to be issued in any court of competent
jurisdiction, charging the person(s) deemed responsible for violation of
this title.
3. Citation for infraction. As an alternative to misdemeanor pro-
secution, the Director of Development Services or his designee may issue a
citation to the owner(s), occupant(s), or other persons(s), deemed respons-
ible for violating any of the provisions of this chapter. For purposes of
this subsection, any such violation shall be classified as an "infraction",
pursuant to California Government Code Section 36900, which section and the
penalties prescribed are hereby adopted and incorporated herein.
4. Civil action. As an alternative to misdeameanor prosecution
or citation for an infraction, or in addition to either, the City attorney
may, at the request of the Development Services Director, institute an
action in any court of competent jurisdiction to restrain, enjoin, or abate
the condition(s) or activity(ies) found to be in violation of the provisions
of this chapter, as provided by law.
3. Amend Section 5-119 to read:
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"DEFINITIONS.
As used in this chapter, the following terms shall have the mean-
ings set forth hereinbelow.
Activity: an establishment under separate management from any
other establishment on the same site.
Advertising statuary: 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.
Alteration: any change of copy, size, shape, illumination, posi-
tion, location, construction, or supporting structure.
Area of sign: the area included within the outer dimensions of
a sign. The area of multiple face signs shall mean one-half (1/2) 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.
Attraction board, reader board or copy board: equivalent terms
meaning a changeable copy sign.
Banner, flag, or pennant: 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 of a
nation or of the State of California, displayed as such in an appropriate
manner, are excepted from these regulations.
Canopy sign: any sign attached to the underside or constructed
upon a projecting canopy, or walkway cover protruding over a private
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sidewalk.
Change of copy: any change in sign copy including a change in con-
tent, size, shape or style but not including a change in color.
Commercial districts: the CL, Cl, C2, AP, C1 -S Districts, commer-
cial components of Planned Developments and all other zoning classifica-
tions allowing primarily commercial uses.
Construction sign: a sign stating the name of the future site
occupant and which may include the name, address, and telephone number of
businesses directly related to the construction project.
Convenience sign: a sign not larger than six (6) square feet
which provides directional infonnation and is designed to be viewed on-site
or adjacent to the site by pedestrians and/or motorists.
Directional sign: any sign located off-site or off -premises.
Directly lighted sign or interior illuminated sign: a sign which
has light cast on the surface from an interior source.
Grade: the level of that portion of the public sidewalk or curb
closest to the sign. Where there is no sidewalk or curb, grade shall mean
the level of the public right-of-way closest to the sign.
Ground sign, pole sign, pylon sign, free-standing sign, or monument
sign: a sign supported by one or more braces in or upon the ground.
Illegal sign: 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 or altered. "Illegal sign" shall also mean any noncon-
forming sign which has exceeded the period during which it is allowed to
remain under Section 5-126(E).
Illuminated sign: any sign in which an artificial source of
light is used.
Indirectly lighted sign or exterior illuminated sign: a sign which
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which has light cast on the surface from an exterior source.
Industrial districts: the MG, and MP Districts, industrial compon-
ents of Planned Developments and all other zoning classifications allowing
primarily industrial uses.
Item of information: a word, design, symbolic representation or
figure.
Logo: a trademark or symbol of an organization.
Major occupant: the primary tenant of a building or complex,
designated as such by the property owner.
Minor Variance: a deviation in sign area, height, setbacks,
separation, or other sign code specifications, not to exceed twenty=five
(25) percent of said specification.
Multi -tenant sign: a sign which identifies or advertises more
than one business or activity within a single sign structure.
Nonconforming sign: a sign which was validly installed under
laws or ordinances in effect prior to the effective date of this chapter
or subsequent revisions, but which is in conflict with the provisions
thereof.
Open house sign: a sign with the words "Open House" as the copy.
Political campaign sign: 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 advocat-
ing by persons, groups, or parties of political views or policies.
Portable sign: any sign which can be moved from place to place
which is not permanently affixed to the ground or to a building. The tern
portable sign includes any sign affixed to an automobile, truck, trailer,
or other vehicle where such sign solicits patronage to a specific business
by means of parking such a vehicle primarily for the purpose of advertising
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such business. The term portable sign shall also include(s) a sign posted
in or on a vehicle parked on public or private property without written
consent of the property owner, advertising that vehicle for sale.
Projecting sign: a sign which projects from and is supported by
a wall of a building with the display surface of the sign perpendicular
to the building wall.
Real estate sign: a temporary sign indicating that the premises
on which the sign is located, or any portion thereof, is for sale, or
lease, or rent.
Residential districts: the R1, R2, R3, R4, I&R Districts, resi-
dential components of Planned Developments and all other zoning classifica-
tions allowing primarily residential uses.
Roof sign: a sign erected between the lowest and highest points
of a roof. If a parapet which is 30 inches high or less extends above the
highest point of the roof, the top of the parapet shall be considered the
highest point of the roof.
Sign: any medium for visual communication, including its copy,
structure and component parts, which is used or intended to be used to
attract attention to, or identify, or advertise an activity or location or
to provide information.
Sign copy: any words, letters, numbers, figures, designs, or
other symbolic representations incorporated into a sign.
Sign height: the vertical distance from grade to the highest
point of the sign or sign structure.
Site: one or more parcels of land identified by the assessor's
records and for which an integrated building development exists or has
been proposed.
Street: a public or private alley, street or highway improved to
allow vehicular access.
Super graphic: a painted design which covers all or a major
portion of a wall, building facade, or other structure. A "super graphic"
is a sign.
Temporary window sign: a non -illuminated sign painted directly
onto a window with water soluble paint or painted on paper or fabric and
placed behind a window.
Wall sign: any sign which is attached to or erected on the exter-
ior wall of a building with the exposed face of the sign parallel to said
wall."
4. Amend Section 5-120(A) to read:
"Permit required. A sign permit shall be obtained from the devel-
opment services department prior to the placing, erecting, moving., recon-
structing, altering, maintaining, using, or displaying of any sign including
painted wall signs, unless exempted by section 5-121(c) of this article.
A sign permit shall also be obtained prior to the change of copy of existing
signs. All signs shall comply with the appropriate, detailed provisions
of Title 5 of the Costa Mesa Municipal Code relative to construction,
structural integrity, connections, and safety. Signs shall also comply with
the provisions of the applicable electrical code and the additional con-
struction standards set forth in this section. A building permit and/or
electrical permit may be required."
5. Amend Section 5-120(C)(3) to read:
"No site with nonconforming signing may be authorized additional
signing which makes the total signing for the site less conforming. When
a site has nonconforming signing, additional signing may be authorized
which replaces nonconforming signing with signs that comply with the pro-
visions of this article and does not cause total signage for the activity
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to exceed the permitted square footage or items of information."
6. Amend Section 5-121(h) to read:
"(h) Abatement of signs relating to inoperative activities.
(1) It shall be unlawful to display signs pertaining to activities
or occupants that are no longer using a property. Nonconforming single -
tenant signs, including their structural components, shall be entirely re-
moved from the premises within sixty (60) days after the associated activ-
ity or occupant has vacated the premises. Conforming single -tenant signs
and portions of conforming multi -tenant signs relating to inoperative activ-
ities shall be removed from the premises, or sign copy on such signs or por-
tions of signs shall be obliterated within sixty (60) days after the assoc-
iated activity or occupant has vacated the premises. Any portion of a non-
conforming multi -tenant sign, and its structural components, which relates
to an inoperative activity shall be entirely removed from the premises with-
in sixty (60) days after the associated activity or occupant has vacated
the premises. Failure to comply with any requirement in this sub -section
shall be unlawful.
(2) Any 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 representative 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
as
alternative to, or in conjunction with, any other remedy provided by law."
7. Amend Section 5-123(G)(3) to read:
"Placement of ground signs. All new ground signs shall be placed
in a landscaped planter equal in area to twice the area of the sign face.
No ground sign may be placed in a location that will obstruct other legal,
nonforming signs within one hundred and fifty (150) feet. A ground sign
may not address a street on which the site does not have direct frontage."
8. Amend Section 5-123(J)(1) to read:
"Each activity is authorized one or more wall signs per building
front which abuts a street or a parking area forty-five (45) foot minimum
width onto which the activity has direct access. Utter height shall not
exceed limits listed by Section 5-123, Table 2."
9. Amend Section 5-123(1)(2) to read:
"An activity without frontage on a public street but with direct
access to a driveway, parking area less than forty-five (45) feet wide, or
a private sidewalk, shall not be permitted a wall sign, in excess of fifteen
(15) square feet in area."
10. Amend Section 5-123(0)
"Ground signs, oriented to freeway traffic.
(1) Site requirements. Sites with a minimum area of one acre
and which are located within three hundred (300) feet of a freeway exit.
shall be allowed one freeway oriented ground sign according to the follow-
ing specifications:
(a) Height and area limitations. Maximum height, thirty-two
(32) feet - Area, two hundred and thirty (230) square feet - Letter size,
forty-two (42) inches.
(b) Copy shall include name and/or logo of establishment only.
(2) Combination of signs. A site with frontage on a freeway right-
of -way shall not be authorized more than one of the following sign types on
the frontage which addresses the freeway:
(a) Freeway oriented ground sign
(b) Ground sign.
(c) Roof sign.
(d) Wall sign.
(3) Except as specified under Sections 5-123(0)(1) and 5-123(0)(2),
signs oriented to freeways shall be subject to all applicable provisions of
this Chapter."
11. Amend Section 5-124(a)(2) to read:
"Sign area per occupant. Within the limits established for the
site, each tenant shall be authorized a maximum of forty (40) square feet
of sign area per street frontage. In addition, the property owner may
allocate an additional forty (40) square feet of sign area per street
frontage to be used to identify the site or one major tenant. However, in
no case may the total area of all signs on the site exceed that allowed
under Section 5-124(a)(1)."
12. Amend Section 5-124(c) to read:
"Wall signs. Letter height shall not exceed the limits established
by Section 5-123, Table 2. Signs shall be placed no higher than the first
story."
13. Add Section 5-124(f)(4) as follows:
"Letter height shall not exceed the limits established by Section
5-123, Table 2."
14. Amend Section 5-125(B)(2)(a) to read:
Maximum area: Three (3) square feet."
15. Delete Section 5-125(B)(2)(b).
16. Delete Section 5-125(B)(2.1)(b).
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17. Amend Section 5-125(B)(2.1)(c) to read:
Maximum area: Two (2) square feet."
18. Amend Section 5-126(B)(4) to read:
"All nonconforming signs shall be removed or made to conform to
this article according to Schedule I, II, or III. Selection of the sche-
dule to be utilized is the responsibility of the sign owner. After the sign
owner selects the schedule to be used, a change of schedule may not be made
at a later date; provided however, that a sign owner has obtained approval
of a Schedule II amortization period prior to the adoption of this subsection
(B)(4), except as provided in Section 5-126(E)(3)."
19. Amend Section 5-126(E)(1) to read:
"Any sign legally erected prior to April 18, 1974, by obtaining
the proper City sign and building permits, may remain beyond the expiration
of the periods described in Schedules I or II. If the physical structure
of a sign is altered, or if there is a change in copy, the sign shall be
made to conform to this chapter in all respects except as provided for in
subparagraph (4) below."
20. Amend Section 5-126(E)(4) to read:
"Multitenant signs.
(a) Change of copy permits may be issued for multi -tenant signs
as long as no more than fifty (50) percent of the area of a multi -tenant
sign has been changed or abandoned, or identifies activities no longer
existing on the site, or any combination thereof.
(b) When more than fifty (50) percent of the area of a multi -
tenant sign has been changed or abandoned, or identifies activities no
longer existing on the site, or any combination thereof, said sign shall
be made to comply with the provisions of this chapter within 30 days."
21. Amend Section 5-127(b) to read:
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"(b) Authority of City Council and Development Services Director.
The City Council and the Development Services Director shall have the
authority to grant Variances from the strict application of the rules,
regulations, and provisions of this article as follows:
(1) Jurisdiction. Before the City Council or Development Services
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 article result in practical difficul-
ties which are unnecessary for the purpose of the article 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.
(2) Limitations. Any Variance which is granted shall be subject
to such conditions as will assure that the adjustment thereby 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.
(3) Minimum adjustment. In granting any Variance under the pro-
visions of this section, the amoun of adjustment granted shall be the min-
imum necessary to equalize the property rights. Conditions and safeguards
shall be prescribed in connection therewith as are necessary to protect
the purpose and intent of this article, the General Plan of the City, and
the general welfare of the community.
(4) Public welfare. The granting of any Variance shall not be
materially detrimental to the public welfare or injurious to property im-
provements in the vicinity. The City Council and/or Development Services
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Director shall ensure that the granting of a Variance will be compatible
with the purpose and intent of this article, and not injurious to the
public health, safety, and general welfare.
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 from 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 .,2 OA� day of 1985.
ATTEST:
C4tycle7k"of Me- City of Costa sa
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Coun-
cil of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. was introduced and considered section bection at
s
a regular meeting of said City Council held on theday of ,
1985, and thereafter passed a d adopted as a whole at a regul,# meetinqfof
said Council held on the Z6tWay of 1985, by Vhe follovIing
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: 7� -
IN WITNESS WHEREOF, I have hereb set my hand and affixed the Seal
j
of the City of Costa _Mesa this 1z' day of , 1985.
= _ Ci Clerk and ex -officio ClerkrtheCity Council of the City of Cos
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