Notwithstanding any other provision of this code, a static billboard or digital billboard (as defined below) may be installed with copy visible from within any interstate freeway corridor (as defined below), subject to all the following:
(A) DIGITAL BILLBOARD. Any off- site advertising display (a static billboard), as defined in the California Business and Professions Code (BPC) § 5202, that uses state-of-the-art digital technology;
(B) INTERSTATE FREEWAY CORRIDOR. The area comprised of any interstate highway (as defined in BPC § 5215) and within 200 feet from the edge of the right-of-way (as defined BPC § 5222) and within a commercial or industrial zoned property;
(C) Each advertising structure (as defined in BPC § 5203), whether a static billboard or an advertising display that is used to support a digital billboard shall be placed within an interstate freeway corridor;
(D) The static billboard or the digital billboard owner must:
(1) Receive Caltrans' approvals, as necessary; and
(2) Execute an agreement with the city by which each billboard owner agrees to
(a) Indemnify, defend and hold harmless the city from any and all claims, lawsuits, awards and judgements, including any reasonable attorney's fees and court costs, that may arise from the approval of a static billboard or a digital billboard and associated advertising structure and removal of an applicable advertising structure that may or may not be required to be removed, in consideration for any one or more negotiated benefits, including but not limited to such items as new park signs, landscaping, sign removals, or development fees, pursuant to this section or to any other provision of this code, subject to the terms of that agreement; and
(b) Comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code.
(E) The property owner upon which a static billboard or a digital billboard is to be erected executes an agreement with the city by which that owner consents to the city's entry onto his/her/its property to remove that static billboard or a digital billboard and associated advertising structure, as permitted in the agreement between the billboard owner and the city, and by which that property owner releases and indemnifies the city from liability for that permitted removal;
(F) The new advertising structure cannot be used to support more than two digital billboards with each one facing in different directions;
(G) The entire portion of an advertising structure that comprises the active display face of a static billboard or digital billboard shall not be more than 48' in width, 14' in height nor 672 square feet in area; provided, that, in addition, an apron for a static billboard or digital billboard can extend up to a maximum of approximately 36" below that digital billboard face or five and one-half-foot top extensions or two-foot side extensions;
(H) The overall height of the advertising structure that is a static billboard or that includes a digital billboard, and excluding extensions, shall not be more than 65', as measmed from the highest point of the main road or interstate highway from which the advertising is to be viewed;
(I) The distance between two static billboards or between a static billboard and digital billboard shall be at least 500'. The distance between two digital billboards shall be at least 1,000'. The distance requirements shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans) and as defined in BPC § 5222;
(J) A digital billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance of 250' perpendicular to the display face of the digital billboard. Each digital billboard shall have a light sensing device that will automatically adjust the brightness of the digital billboard to meet that foot candle requirement, as ambient light conditions change;
(K) Only if the city agreement requires the removal of existing advertising structures, then if four or less advertising structures are being replaced by new advertising structures with digital billboards, then at least eight additional display faces and the advertising structures supporting the eight additional display faces must be permanently removed from the city by the digital billboard owner receiving the approval and the removal of all the display faces and their respective advertising structures to be removed shall be completed prior to construction by that owner of any advertising structure, including a digital billboard;
(L) Only if the city agreement requires the removal of existing advertising structures, then if five or more advertising structures are being replaced by new advertising structures with digital billboards, then for each new advertising structures, above four new advertising structures, at least two additional display faces must be permanently removed from the city by the digital billboard owner receiving the approval and the removal of all the display faces and their respective advertising structures to be removed shall be completed prior to construction by that owner of any advertising structure including a digital billboard;
(M) A digital billboard shall only display a series of still images and each still image must be displayed for a minimum of four consecutive seconds. No still image shall have animation, movement, or the appearance of an optical illusion of movement of any part of the advertising structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means of not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second; and
(N) (1) If a digital billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that digital billboard (the OWNER/OPERATOR), that digital billboard replaced a non-digital billboard (the REPLACED NON-DIGITAL BILLBOARD), and the replaced non-digital billboard was the subject of a previous formal written agreement with the city, then the owner/operator shall be permitted to reinstall a new state-of-the-art non-digital billboard (the REPLACEMENT NON-DIGITAL BILLBOARD) on the same advertising structure used to support that digital billboard; provided, that the reinstallation of the replacement non-digital billboard must occur before the date the previous formal agreement would have terminated (the PREVIOUS TERMINATION DATE), the replacement non-digital billboard and supporting advertising structure must be removed on or before the previous termination date and the replacement non-digital billboard must comply with all the applicable criteria for digital billboards, as set forth in in this section and the agreement referred to in division (D)(2).
(O) The following sections do not apply to signs approved per this § 153.170.110: §§ 153.050.030, 153.170.050(D)
(Ord. 1510, passed 6-19-24)