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HomeMy WebLinkAbout95-19 Residential Real Estate Signs and Sign RegulationsORDINANCE NO. 95-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-956 AND 13-968 OF THE COSTA MESA MUNICIPAL CODE, REGARDING RESIDENTIAL REAL ESTATE SIGNS, AND ADDING CLARIFYING WORDING TO SIGN REGULATIONS IN SECTION 13- 956. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa finds and declares as follows: (a) Standards and regulations for residential real estate signs were omitted from the revised sign ordinance (Ordinance No. 95-10) adopted by the City Council on September 18, 1995; and (b) Such standards and regulations are essential to ensure that residential real estate signs are compatible with the residential neighborhoods in which they are displayed; and (c) The purpose of the City's current prohibition against placement of signs on City -owned property is to protect the property for the use for which it was intended, to prevent litter, to protect traffic and pedestrian safety, and to prevent the obstruction of free passage or use of any portion of any roadway, street or sidewalk; and (d) Private property owners of .residential properties have historically utilized directional real estate signs along the landscaped parkways at the sides of roadways and streets as an essential method of directing people to their properties for sale; and (e) The City Council does not intend by the adoption of this ordinance that the City has designated its public property as a public forum open to signage. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: Section 2. Section 13-956 is amended to read as follows: Sec. 13-956. Sign Regulations and Design Standards. Table 1 indicates the maximum allowed area, height, number, and other design restrictions for both permanent and temporary signs. 1 TOTAL SIGN AREA PER Residential uses: 1.0 sq. ft. per ft. of lot width 30 sq. ft. for sites less than STREET FRONTAGE 1.0 sq. ft per unit, not to exceed 90 sq. ft. + 0.5 sq. ft. per ft. of lot depth 1 acre. (25.sq. ft. minimum for sites with 4 or more units). 45 sq. ft. for sites of 1 acre or more. Permitted. non-residential uses: 30 sq. ft. for sites less than 1 acre. 45 sq. ft. for sites of 1 acre or more. FREESTANDING SIGNS PERMIT REQUIRED Yes DEVELOPMENT 1. Must be located in landscaped planter equal to twice the sign area. STANDARDS 2. May not obstruct visibility for motorists or pedestrians at driveways or intersections. 3. May not obstruct visibility of legal signs on adjacent site(s). 4. Must incorporate street address: 6 inches high in residential zones 1 12 inches high in non-residential zones The address area, up to 6 sq. ft., is not counted against allowable sign area. 5. See Sec. 13-957 if located within 200 ft. of residcntially-zoned property. MAXIMUM AREA 30 sq. ft. Total area of all freestanding signs may not exceed 50% of 15 sq. ft. for sites less than (Includes both on-site and neighborhood identification total allowed sign area per street frontage. 1 acre. signs.) 30 sq. ft. for sites of 1 acre or more. MAXIMUM HEIGHT 7 ft. 1 25 ft. 7 ft. NUMBER & 150 ft. separation between freestanding signs on same site. SEPARATION ILLUMINATION Exterior, or interior with opaque background. No No flashing or blinking allowed. Exterior, or interior with flashing or blinking allowed. opaque background. No flashing or blinking allowed. VERTICAL CLEARANCE 18 ft. minimum clearance over pedestrian circulation areas. 16 ft. minimum clearance over parking and vehicular circulation areas. 2 «:><::><:<:><:<::> :: :'''>;>'',.:;..,....« I, :. LATIONS::> >::<<<z€><' €:€>;::::><>>I ><:?:<> `>:'<'< »<> <<;>: >'<?<'.>':'>> TABLE;:1....5 GN RCGU > <>< < <' ........................................................... ............................... :..:.:.:::::.:.::.:.:::...::.:.:::.:::::.::::::.•.::.PE :...:...........:.. :,. .....::::...:..,.::: .......... ::::::....:..:..:..:..:..:..:............:..:.:.......:.:......R.ESIDENTIAL; : ......:.:...:::.::.:.:...:.:....:...:..:..:..:..:..:..:.:..:......._..:.:.:.:.....:..::..:.:.:.:.:.:.:.:.:.:.:.:.:.:..:.:.:::..::. ZOZO.: MMERC AL......N ..::..:...... _ :: N.......E..:.:.S:.:...:.:>.€..:.:.:..:..,. ...:.. I..N....D....U...:S:::T:::R::.I.....A......L...........Z......O......... ^IVES: ...:.....,I..I.O `LZO. ......N....A.........:.:.:::.:,:..::::..:... ::..S.:.T:.:.:.I:...T....I..)..T .......... FREEWAY -ORIENTED FREESTANDING SIGNS PERMIT REQUIRED Prohibited Yes Prohibited MAXIMUM AREA AND N/A For commercial properties of N/A HEIGHT one acre or more, within 300 feet of a freeway exit: One freeway -oriented sign may be allowed, not to exceed 230 sq. ft. and 32 ft. high. ILLUMINATION N/A No flashing or blinking N/A VERTICAL CLEARANCE N/A 8 ft. minimum clearance over N/A pedestrian circulation areas. 16 ft. minimum clearance over parking and vehicular circulation areas. BUILDING SIGNS PERMIT REQUIRED Yes MAXIMUM AREA Total area of all permanent signs (freestanding signs and building signs) may not exceed TOTAL SIGN AREA PER STREET FRONTAGE. See Sec. 13-957 for commercial or industrial signs located within 200 ft. of residentially -zoned property. ILLUMINATION Exterior, or interior with opaque background. No No flashing or blinking allowed. Exterior, or interior with flashing or blinking allowed. opaque background. No flashing or blinking allowed. VERTICAL CLEARANCE Awning, canopy and projecting signs: 8 ft. minimum clearance over pedestrian circulation areas. 16 ft. minimum clearance over parking and vehicular circulation areas. CONVENIENCE SIGNS PERMIT REQUIRED Yes DEVELOPMENT 1. 9 sq. ft. maximum per sign. STANDARDS 2. Not counted against allowable sign area. L_ 3. Placement and height subject to approval of Planning Division. 4 CONSTRUCTION SIGNS - PERMIT REQUIRED Yes DEVELOPMENT 1. One per street frontage. STANDARDS 2. 64 sq. ft. maximum. 3. 16 ft. high maximum. 4. Must be removed within 1 year after installation, or within 30 days of final inspection, whichever occurs first. REAL ESTATE SIGNS (No permits are required.) ----------------------- FOR SALE SIGNS OPEN HOUSE SIGNS ----------------------- DIRECTIONAL SIGNS POLITICAL SIGNS POSTERS (RELIGIOUS, CHARITABLE, EDUCATIONAL, CULTURAL) (No permits are required.) GOVERNMENTAL AND LEGALLY -REQUIRED SIGNS (No permits are required.) TEMPORARY WINDOW SIGNS (No permits are required.) •------------------------- 1. One per street frontage. 2. 5 sq. ft. maximum. 3. 6 ft. high maximum. 1. One per street frontage. 2. 3 sq. ft. maximum. 3. 5 ft. high maximum. 1. As needed to direct traffic from nearest major street(s). 2. 3 sq. ft. maximum per sign. 3. 4 ft. high maximum. 4. May not obstruct visibility of pedestrians or motorists. 5. May not have balloons, flags or other attachments. 6. May be displayed only during hours of open house. 5 sq. ft. maximum per sign. Subject to Section 13-964. 6 sq. ft. each. Allowed Prohibited 4 -------------------------------------- --------------------------------- 1 . ----------------------------------------------------------------------- 1. One per street frontage. 2. 32 sq. ft. maximum. 3. 12 ft. high maximum. --------- --------- -------------------------- Prohibited ---------------------- Prohibited Subject to Section 13-964. 10% of window area. Prohibited APARTMENT FLAGS 1. 1 per 60 ft. of lot frontage (minimum of 2). Prohibited (No permits are required.) 2. 15 sq. ft. maximum. 3. 18 ft. high maximum. 4. Must be maintained in good condition; removed or replaced if torn, faded or dirty. BALLOONS AND INFLATABLES Prohibited Allowed, subject to the following: (less than 24 inches) 1. May not extend beyond any property line or over (No permits are required.) any public right-of-way, regardless of wind conditions. 2. Must be securely anchored. 3. May not be released into the air. 4. Metallic balloons are prohibited. BALLOONS AND INFLATABLES I Prohibited (over 24 inches) BANNERS (No permits are required.) MAXIMUM AREA 0.5 sq. ft. per unit. 0.5 sq. ft. per lineal foot of building frontage facing the street. Maximum area: 100 sq. ft. per site. Minimum entitlement: 25 sq. ft. per tenant. Maximum area: 75 sq. ft. per tenant. TIME LIMITS None DEVELOPMENT 1. Must be securely affixed to building wall of the business being advertised, or to the freestanding sign. STANDARDS 2. May not be attached to any staff, pole, line, framing, vehicle or similar support. 3. May not project above roof. 4. Must be maintained in good condition; removed or replaced if torn, faded or dirty. EFFECTIVE DATE Banner restrictions and requirements shall become effective January 1, 1996. 5 Prohibited Section 3. Section 13-968 is amended to read as follows: Sec. 13-968. Signs Prohibited on Public Property or Public Rights -of -Way; Removal; Abatement Costs and Fines. (a) Prohibition. No person shall erect, place, paint, mark, or display or cause to be erected, placed, painted, marked, or displayed any sign, sign notice, handbill, structure or advertising device in, under, on or over any public property or any public right-of-way with respect to which the City has jurisdiction, As used in this section, "Person" means a natural person, association, partnership, firm, corporation or trust or the employee or agent thereof. A violation of this section may be prosecuted as a misdemeanor pursuant to section 1-33(b). Criminal prosecution pursuant to this section shall not preclude, nor be precluded by, abatement of such signs or parts thereof pursuant to this section. (b) Removal. Any such sign, notice, handbill, sign structure or advertising device erected, placed painted, marked, or displayed contrary to the provisions of this section, Sections 13-959, 12-44, 15-7 and Chapter II of Title 19 shall be a public nuisance and the City may immediately remove and dispose of it without notice. (c) Exception. The provisions of this section shall not prohibit the following signs: (1) The posting of any notice in the manner required by law or by the order of any court of this state. (2) Bus passenger shelters and benches with advertising displays in the public right-of- way approved pursuant to Chapter II of Title 19 of this Code. (3) Street banners approved pursuant to Section 13-959 of this Code. (4) Residential real estate "directional" signs, when placed at a safe location in the landscaped parkway at the side of the street, subject to the restrictions contained in Section 13-956, Table 1, of this Code; provided that such signs are freestanding and not attached to any other pole, sign or 0 object; and that such signs do not project over the sidewalk or beyond the curb face. . (d) Abatement costs and fines. Any person found by the Development Services Director to be responsible for a sign(s) in violation of this section shall be liable for the cost incurred in the- removal, storage and disposal thereof as provided in this section. The City Council by resolution shall determine and fix, on an annual basis, an amount to be assessed as administrative costs, including but not limited to the actual costs of removal, storage and disposal of any sign or parts thereof, under this section. In addition to any other penalty or cost provided in this section, any person found by the Director to have more than one violation of this section as provided in subsection (e) shall be subject to and pay to the City civil penalties in the amount of two hundred fifty'dollars ($250.00) for each illegal sign removed. (e) Abatement costs; notice and hearing. Before any person responsible for a sign in violation of this section is assessed abatement costs and/or civil penalties, the person shall have a right to a hearing before the Development Services Director or designee. Upon removal of an illegal sign and identification of the person responsible for such sign by city personnel, a 10 -day "notice of abatement" shall be mailed by registered mail to the person responsible for the illegal sign. The notice shall state the grounds to assess abatement costs and/or civil penalties for the removal, storage and disposal., of the illegal sign and inform the person that he or she has 10 days from the date of receipt of the notice to file a written request for a hearing. The failure of the person to request. a hearing shall satisfy the hearing requirement, and the Director may decide to assess abatement costs and/or civil penalties without a hearing. If a person files a timely hearing request, the Director shall hold a hearing to afford the person responsible for an illegal sign the opportunity to present evidence on whether reasonable grounds exist to assess abatement costs and/or civil penalties. Where the Director finds that the person notified of the hearing is the owner or person responsible for a sign(s) in violation of this section and that the City. incurred costs for the removal, storage and/or disposal of such sign(s), the Director shall assess against such person the abatement costs incurred in 7 the removal, storage and/or disposal thereof, and shall impose civil penalties pursuant to subsection (d) where such person is found to have more than one violation of this section. The Director's decision on abatement costs and civil penalties shall be final. The Director's decision may be appealed to the Planning Commission pursuant to Title 2 of this Code. (f) Court action. The City Attorney is authorized and may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate any sign(s) found to be in violation of this section and as provided by law. Section 4. Severability. If any provision or clause of this ordinance or the application thereof to any . person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. Section 5. Publication. 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 14 day of & 1995. ATTEST: Deputy gity Clerk of City of Costa Mesa 8 Mayo of the City of Costa Mesa APPROVED AS TO FORM: e �\ �� (4 -l�•�; l� C ti y Attorney