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.
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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
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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.
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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.
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3. Placement and height subject to approval of Planning Division.
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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
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1 .
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1. One per street frontage.
2. 32 sq. ft. maximum.
3. 12 ft. high maximum.
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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.
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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
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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:
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C ti y Attorney