No permit shall be issued to erect, construct or relocate any outdoor advertising structure, sign or display unless the Planning Director or his or her designee shall have first determined as follows:
.010 That such structure or sign is not designed to have the advertising thereon maintained primarily to be viewed from a main traveled freeway, except as provided in Section 18.44.100 "Freeway-Oriented On-Site Signs" and;
.020 That the proposed structure, sign or display will be so constructed that it would not constitute a hazard to the public.
The Planning Director or his or her designee shall thereupon make known his findings to the applicant. In the event that the application is denied for the reasons set forth in this chapter, the applicant may take an appeal of the denial to the City Council by filing, within ten days of the receipt of notice of said denial, a written notice of appeal with the City Clerk. Thereafter the matter shall be considered by the City Council within forty-five (45) days following receipt of the notice of appeal by the City Clerk. The applicant, by written request, may waive the time limits set forth in this Section except the time within which the appeal must be filed. If the Council shall determine that the proposed structure or sign is designed to have the advertising thereon so maintained to be primarily viewed from the main traveled roadway of a freeway, except as provided in Section 18.44.100 "Freeway-Oriented On-Site Signs", or that the structure or sign, because of its location, size, nature or type would constitute, or tend to constitute, a hazard to the safe and efficient operation of vehicles upon the freeway, or would create a condition endangering the safety of persons or property, said Council shall deny said application, otherwise said application shall be granted. (Ord. 1279 § 4 (part); September 10, 1958; Ord. 5766 § 2; May 1, 2001.)
* Additional procedure for issuance of permits — See Section 4.04.390.