Loading...
HomeMy WebLinkAbout99-10 Amending Title 13 Relating to Sign RegulationsORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING CHAPTER Vlll OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO SIGN REGULATIONS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13-111 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 13-111. Definitions. As used in this chapter, the following terms shall have the meanings set forth below: 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. Area (of sign). The area included within the outer dimensions of a sign. The area of multiple face signs and advertising statuary 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 areas of each letter or figure. The area of each letter or figure shall be computed by enclosing the letter or figure within sets of parallel lines. Balloon sign. Any inflatable object having no dimension that exceeds 24 inches, including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the shape of any object, and regardless of whether or not it contains copy. Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes on private property and not within the public right-of-way. Flags of a nation or of the State, of California, displayed as such in an appropriate manner, are excepted from these regulations. See also Street banner. Billboard. A sign that advertises a business, product, service or activity which is not available at or is not conducted on the premises on which the sign is located. Construction site sign. A sign located on a construction site used to identify the name of the future site occupant and which may include the names, 1 addresses, and telephone, numbers of businesses directly related to the construction project, including but not limited to the architect, engineer, contractor and financing entity. Convenience sign. A sign, not larger than 9 square feet, providing directional information and designed to be viewed on site or adjacent to the site by pedestrians and/or motorists. For sale sign. A real estate sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent. Freestanding sign. A sign supported permanently upon the ground by poles, braces or other supports, and not attached to any building. Governmental sign. A sign installed by the City or other public agency pursuant to City approval, including, but not limited to, signs for motorist or pedestrian safety. Height (of signl. The vertical distance from grade to the highest point of the sign or sign structure. Illegal sign. Any sign installed or modified in violation of the Costa Mesa Municipal Code at the time the sign was installed or modified. Illumination - exterior. Illumination cast on a sign from an exterior source, such as a floodlight. Illumination - interior. Illumination generated from the interior of a sign. Illumination - interior with opaque background. Interior illumination of a sign where the background of the sign face is opaque and only the copy is illuminated. Inflatable sign. Any inflatable object having any dimension in excess of 24 inches, including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the shape of any object, and regardless of whether or not it contains copy. Neighborhood identification sign. A sign identifying the entrance to a residential area consisting of 5 or more acres. Nonconforming sign. A sign which was legally installed under laws or ordinances in.effect at the time of its installation, but which is in conflict with the current provisions of this chapter. Open house sign. A real estate sign with the words "Open House" as the primary copy for the premises on which the sign is located. 2 Political campaign sign. A sign indicating the name and/or picture of an individual seeking election to a public office, or concerning any issue, ballot measure or ballot proposition in a municipal, community, state or federal election, or pertaining to the advocating by persons, groups, or parties of political views or policies regarding a matter to be voted on in a forthcoming election. 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 term portable sign includes, but is not limited to, 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 such business. The term portable sign shall also include 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. Real estate sign. A temporary sign placed for the purposes of advertising the premises on which the sign is located as either for sale, lease or rent, and includes "for sale sign" and "open house sign". Public property. Any building, structure, park, grounds, parking lot, fixtures, or real property owned by the City not within the public right-of-way. Public right-of-way. Any public sidewalk, street, alley or highway improved to allow vehicular and pedestrian access and adjacent City landscape areas including trees therein, traffic control devices, street name signs, fire hydrants and other structures, under the ownership and jurisdiction of the City or the State. 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 a business, product, service, activity, or location or to provide information. "Sign" includes statuary and graphic wall designs used for advertising purposes. "Sign" includes billboards, but does not include handbills. 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 banner. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes on a light standard within the public right-of-way. Street. A public or private alley, street or highway improved to allow vehicular access. Temporary window sign. A non -illuminated sign placed on or behind a window for a period of time not in excess of 60 days for the purpose of advertising 3 special sales, prices, products or services." Section 2. Section 13-112 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 13-112. PROHIBITED SIGNS The following types of signs are prohibited in all zones: (a) Signs which incorporate any flashing, moving, or intermittent lighting, except changeable copy on electronic signs; (b) Signs which by color, wording, design, location, or illumination resemble, obstruct, or conflict with any traffic -control device or with safe and efficient flow of traffic; (c) Signs that create a safety hazard by obstructing the clear view of or passage of pedestrian and vehicular traffic; (d) Banners, flags, and pennants except as authorized in Table 13-115; (e) Street banners in the public right-of-way, except as authorized by Section 13-118; (f) Signs projecting into or located in the public right-of-way, except governmental signs or other types of signs as authorized by Sections 13- 123.5 and 127 or Chapter II of Title 19; (g) Inflatable signs (and balloons) larger than 24 inches in any dimension; (h) Portable signs, except as authorized by Section 13-123.5 and Table 13-115; (i) Mechanical movement, other than changeable copy; (j) Signs which project above a parapet or the highest point of the roof; and (k) Signs on public property." Section 3. Section 13-114 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 13-114. Permits Required. Where indicated in Table 13-115 and Section 13-118 the erection, relocation, or modification of signs shall require permits and payment of fees as described in Article 7 Administration and Enforcement of this chapter. No permit shall be required under this chapter for maintenance of a sign or for change of copy on a changeable copy sign. The requirements of this chapter are in addition to the requirements of the Uniform Building Code, National Electrical Code and other applicable codes." Section 4. Table 13-115 of Section 13-115 of the Costa Mesa Municipal Code is hereby amended to read as follows: 4 TOTAL SIGN AREA PER STREET I Residential uses: FRONTAGE 1.0 sq. ft per unit, not to exceed 90 sq. ft. (25 sq. ft. minimum for sites with 4 or more units). 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 1.0, sq. ft. per ft. of lot width + 0.5 sq. ft. per ft. of lot depth 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 12 inches high in non-residential zones The address area, up to 6 sq. ft., is not counted against allowable sign area. 5. See Section 13-116 if located within 200 ft. of residentially -zoned property. 30 sq. ft. for sites less than 1 acre. 45 sq. ft. for sites of 1 acre or more. MAXIMUM AREA 30 sq. ft. Total area of all freestanding signs may not exceed 50% of 15 sq. ft. for sites less (Includes both on-site and neighborhood identification total allowed sign area per street frontage. than 1 acre. signs.) 30 sq. ft. for sites of 1 acre or more. II MAXIMUM HEIGHT 1 7 ft. 1 25 ft. 1 7 ft. II NUMBER & SEPARATION 150 ft. separation between freestanding signs on same site. ILLUMINATION Exterior, or interior with opaque background. No No flashing or blinking allowed. flashing or blinking allowed. I - VERTICAL CLEARANCE 1 8 ft. minimum clearance over pedestrian circulation areas. 11 16 ft. minimum clearance over parking and vehicular circulation areas. Exterior, or interior with opaque background. No flashing or blinking allowed. 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 (includes permanent window signs) Yes PERMIT REQUIRED MAXIMUM AREA Total area of all permanent signs (freestanding signs and building signs) may not exceed TOTAL SIGN AREA PER STREET FRONTAGE. See Section 13-116 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. 3. Placement and height subject to approval of Planning Division. 6 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 fust. REAL ESTATE SIGNS (No permits are required.) ------------------- --------------------------- --------------------------------------------- FOR SALE SIGNS 1. One per street frontage. 1. One per street frontage. 2. 5 sq. ft. maximum. 2. 32 sq. ft. maximum. — — — — — — — — — — — — — — — — — — — 3. 6 ft. high maximum. --------------------------- 3. 12 ft. high maximum. --------------------------------------------- OPEN HOUSE SIGNS 1. One per street frontage. Prohibited 2. 3 sq. ft. maximum. 3. 5 ft. high maximum. POLITICAL CAMPAIGN SIGNS 5 sq. ft. maximum per sign. Subject to Section 13-123. ON PRIVATE PROPERTY Subject to Section 13-123. PORTABLE SIGNS WITHIN THE Subject to Section 13-123.5. PUBLIC RIGHT-OF-WAY 7 TEMPORARY WINDOW SIGNS Prohibited 10% of window area. Prohibited (No permits are required.) 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. OTHER FLAGS AND PENNANTS Flags of a nation or the State displayed in an appropriate manner are allowed. Flags displaying products, logos and/or business names are prohibited. Pennants are prohibited. BALLOON SIGNS (less than 24 Prohibited Allowed, subject to the following: Prohibited inches) 1. May not extend beyond any property line or over any (No permits are required.) 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. INFLATABLE SIGNS (over 24 Prohibited inches) BANNERS ON PRIVATE PROPERTY (No permits are required.) 0.5 sq. ft. per unit. 0.5 sq. ft. per lineal foot of building frontage facing the street. MAXIMUM AREA 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. The entire surface of the banner must be securely affixed to a building wall of the business being advertised, or to the sign face of a STANDARDS freestanding sign. 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. BANNERS WITHIN THE PUBLIC See Sec. 13-118 Street Banners. RIGHT-OF-WAY 8 Section 5. Article 6 of Chapter VIII of Title 13 of the Costa Mesa Municipal Code is hereby amended to read as follows: "ARTICLE 6. POLITICAL CAMPAIGN SIGNS Sec. 13-123. POLITICAL CAMPAIGN SIGNS. (a) Any person, party, entity, or group posting political campaign signs within the boundaries of the City shall first file a statement with the City Clerk designating the person or entity responsible for posting the political campaign signs in the City and liable for the estimated actual cost of removal of the political campaign signs to ensure compliance with the provisions of this ordinance, and such statement shall certify to the City Clerk that consent has been obtained from the owners, lessees or occupants of non-publically owned real property prior to placement of political campaign signs thereon. Only one political campaign sign statement is required of any party or group, regardless of the number of individuals posting signs on its behalf. (b) All political campaign signs shall be removed not later than 10 days following the date of any election to which they pertain, if any. (c) No political campaign sign shall be placed or posted on any public property or utility, pole, except on or within a public right-of-way pursuant to the provisions of Section 13-123.5 Portable Signs within Public Right -of -Way. (d) No political campaign sign shall be lighted, either internally or externally. (e) No political campaign sign shall be placed in a manner that would obstruct visibility to pedestrian or vehicular traffic." Section 6. Article 6.5 is hereby added to Chapter VIII of Title 13 of the Costa Mesa Municipal Code: "ARTICLE 6.5 PORTABLE SIGNS WITHIN PUBLIC RIGHT-OF-WAY Sec. 13-123.5 PORTABLE SIGNS WITHIN PUBLIC RIGHT-OF-WAY. (a) Standards. A portable sign may be placed on or within the public right- of-way without a permit, provided it complies with the following requirements: (1) Size and height. The maximum size shall not exceed five square feet and the maximum height shall not be more than three feet above grade. 9 (2) Identification. The owner of the sign(s) shall affix its name, address and telephone number to the sign prior to installation of the sign. (3) Location. The location for installation of a portable sign within the public right-of-way shall be subject to the following: a. The sign may be placed in any landscaped parkway but not within the center median of any street or highway. Tree wells shall not be considered a landscaped parkway for the purposes of this section; b. The sign shall not overhang any street, curb, sidewalk, or driveway; c. The sign shall not be within 15 feet of any fire hydrant; d. The sign shall not be within 15 feet of the edge of any driveway nor within 15 feet of any intersection of an alley, street, or highway, as measured from the midpoint of the corner radius; e. The sign shall not be placed within the public right-of- way adjacent to any property zoned I & R, or I & R -S; f. The sign shall not be affixed to traffic control devices, government signs, light standards, utility poles, bus shelters, or other structures, posts, fences, shrubs or trees. (4) Installation. The installation of the portable sign shall not cause damage to the public right-of-way;, (5) Time period. A portable sign .shall only be displayed during the time period between 6 a.m. on Friday to 6 p.m. on Sunday of any week period. (6) Number. The total number of portable signs per owner or its agent pursuant to this section shall not exceed 10 signs in the city at any one time. (b) Exceptions. The requirements of this section shall not apply to a portable sign with a total area of not more than five square feet that is carried by a person within the public right-of-way unless prohibited by Section 13-112. 10 Section 7. Section 13-127 is hereby amended to read as follows: "Sec. 13-127. Signs Prohibited on Public Property or Public Right -of -Way Removal; Abatement Cost Recovery. (a) Prohibition. Except as provided in Sections 13-118 and 13-123.5 and Chapter II of Title 19, no person shall erect, place, paint, mark, or display or cause to be erected, placed, painted, marked, or displayed any sign in, under, on or over any public property or on or within 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 criminal violation pursuant to Section 1-33, or be subjected to civil fine pursuant to Section 1-34, et seq. Criminal prosecution or imposition of civil fine shall not preclude, nor be precluded by, abatement of such signs or parts thereof pursuant to this section. (b) Removal. Any sign posted in violating of the provisions of this section may be removed by any employee of the City duly authorized to do so by the Development Services Director. The owner of a seized sign will be given notice by the City within 10 days of the seizure in those cases where the name and address or other means of contact are provided upon the seized sign. The notice will indicate the seizure and the owner's right to a hearing and recovery of the sign. An owner who files a request for a hearing within 15 days of the seizure shall be given a hearing by the Director within 10 days of such request to determine if the seized sign was posted in violation of this section and/or if any abatement costs imposed are unreasonable. If at a hearing it is determined the sign was not posted in violation of this section, the owner may recover the sign without any cost or other charge for the removal. If a sign is not claimed by an owner by the end of 15 days after seizure nor is a hearing requested, the City may dispose of the sign without further notice. Failure of the City to give or failure of the owner to receive notice of the seizure shall not subject the City or any of its officers or employees to any civil liability or invalidate any other action taken pursuant to this section. (c) Exception. The provisions of this section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of this state. (d) 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 chapter and as provided by law. 11 (e) Abatement Cost Recovery. Any sign posted in violation of the provisions of this section is a public nuisance. The owner of an illegally posted sign and the person or entity responsible for posting the sign shall be jointly and severally civilly liable and indebted to the City for the reasonable cost of removal and storage of the seized sign which shall be in addition to any other civil or criminal penalty provided by law. The Development Services Director may determine and assess these costs. The City may require payment of these costs prior to returning a sign to an owner, unless a hearing has determined there was no violation or modifies the amount of the costs. The Development Services Director is authorized to recover abatement costs of less than $5,000.00 in any lawful manner and may initiate a small claims court action to recover such costs." 12 Section 8. Publication. 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 NEWPORT BEACH -COSTA MESA 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�!`day of Lw 1999 ATTEST: City Clerko the City of Co to Mesa 13 Mayor APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy 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. 99-10 was introduced and considered section by section at a regular meeting of said City Council held on the 01- day of u L , 1999, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 1iNay of 71,,, LW 1999, by the following roll call vote: AYES: COLJA-10 � �R'l C KS60�� D; X -O ng NOES: L X10 N A ,4 is � '5o m C- RS ABSENT: /�O A) 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this aDNay of S 1999. SIGN ORD (7-12-99) 14 Deputy i y Clerk and ex -officio Clerk of a City Council of the City of Costa Mesa