Billboards are recognized as a legitimate form of commercial advertising in the city. However, the size, number, location and illumination of billboards can have significant influence on the city's visual character, and can, without appropriate control, create or contribute to visual light conditions. The purpose of this section is to provide the parameters under which existing billboards may be relocated and reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this section becomes effective to continue to exist pursuant to an agreement or as a legal non-conforming use to be maintained pursuant to such agreement or in conformance with this chapter.
(A) General requirements.
(1) The requirements of this section shall apply to any off-site sign (billboard) project involving the installation or construction of relocated billboard, or the expansion, modification, or digitization of an existing billboard, or the addition of additional face(s) to an existing billboard within the city. Relocated billboards shall be permitted in the city only after an agreement has been negotiated and executed between the billboard operator/owner and city and a permit has been issued in accordance with the terms of this section. The agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the relocation, installation and operation of any billboard or modification of an existing billboard within the city. All relocated billboards constructed shall comply with this chapter and all applicable requirement of the California Business and Professions Code and the California Code of Regulations.
(2) An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:
(a) The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation;
(b) The applicant chooses to completely demolish and relocate an existing billboard, including a legal non-conforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement;
(c) The applicant chooses to completely demolish and relocate an existing billboard, including a legal non-conforming billboard, to a more suitable location within the city that lessens the overall negative aesthetic impacts on the city and its residents and provides public benefits for such relocation;
(d) The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business and Professions Code, § 5443.5 and such relocation benefits the city; or
(e) The applicant proposes to enhance, improve and modify an existing billboard already established within the city for the purpose of modernizing and improving the aesthetic appearance of such billboard.
(3) In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.
(4) No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property for the term desired. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.
(5) All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this section shall require the city to negotiate and/or approve an agreement on terms that are unacceptable to the City Council.
(B) Physical requirements.
(1) The minimum distance between two or more billboards shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.
(2) All utilities for each billboard shall be underground.
(3) No billboard shall have more than one face (display surface) oriented in the same vertical plane. Additional display face may be added if used for on-premise advertising only in accordance with approved site plan.
(4) All billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.
(5) All billboards shall be placed at least 100 feet from any single-family residential zone or single-family residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the single- family residential zone or closest property line on which a single family residential use is located.
(C) Application requirements; review procedures.
(1) Application requirements. In addition to the application requirements for sign permits required by this code, a person or entity wishing to enter into a billboard relocation agreement shall submit a request in writing for approval of an agreement that includes the following:
(a) The name, address phone number and other contact information of the person or entity proposing the agreement;
(b) Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed or modified, where applicable;
(c) Information that establishes that the person or entity proposing the agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement;
(d) Conceptual design drawings for the billboard that includes technical specifications to determine the billboard's compliance with this chapter;
(e) An explanation of the compensation to be paid or public benefits to be provided to the city; and
(f) The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.
(2) The applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.
(3) Review process. All agreements shall be reviewed by the Planning Commission at a duly noticed public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to this chapter. The Planning Commission shall review the agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.
(4) At a City Council meeting held no later than 45 days after the Planning Commission makes its recommendation, the City Council shall review and consider the agreement, at a duly noticed public hearing. The hearing before the City Council shall be
noticed the same as any conditional use permit and may be continued from time to time. In order to approve a request for an agreement, the City Council shall make the following findings for approval of an agreement:
(a) The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, the Municipal Code and any applicable specific plans;
(b) The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation;
(c) The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;
(d) The proposed agreement for installation would not interfere with onsite parking or
landscaping required by city ordinance or permit; and
(e) The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of city residents.
(f) The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.
(Ord. 1510, passed 6-19-24)