A. Purpose. This section sets forth reasonable content-neutral regulations to create opportunities for the erection and operation of modern forms of freeway-oriented off-site advertising signs and the public benefits they can potentially provide while ensuring that their size, number, location, illumination and other operating characteristics do not impair the city's visual character and quality of life by creating or contributing to visual blight conditions.
B. Conditionally permitted in non-residential zones.
1. Notwithstanding § 20.28.240, freeway-oriented off-site advertising signs are allowed in non-residential zones, subject to approval of a conditional use permit and compliance with all requirements of this section. 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.
2. A conditional use permit for a freeway oriented off-site advertising sign shall not be approved unless the reviewing authority finds, in addition to all other findings required for approval of a conditional use permit, that:
a. The proposed freeway oriented off-site advertising sign would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility; and
b. The proposed freeway oriented off-site advertising sign would not interfere with on-site parking or landscaping required by city ordinance or permit.
3. The maximum duration of any conditional use permit approved for any freeway oriented off-site advertising sign shall be five (5) years for an electronic freeway-oriented off-site advertising sign, two (2) years in the case any other freeway-oriented off-site advertising sign, or the term of any development agreement, if any, that applies to such sign. Extensions of conditional use permit shall not be granted.
C. General requirements. All freeway oriented off-site advertising signs must comply with the following requirements:
1. Freeway oriented off-site advertising signs must comply at all times with applicable laws including Caltrans regulations and this code.
2. Freeway oriented off-site advertising signs shall be placed at least two hundred (200) feet from any residential zone. The measurement shall be from the closest edge of the freeway oriented off-site advertising sign face to the closest edge of the residential zone.
3. The minimum distance between freeway oriented off-site advertising signs or between such signs and the freeway right-of-way shall be the same as the minimum distance and separation criteria established by Caltrans. All distances shall be measured from the vertical centerline of each sign face.
4. Walls or screens at the base of the freeway oriented off-site advertising sign shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.
5. Freeway oriented off-site advertising signs shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways.
6. No freeway oriented off-site advertising sign shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning or direction to vehicle traffic; for example, using such words or phrases as "stop" or "slow down."
7. No freeway oriented off-site advertising sign shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.
8. Freeway oriented off-site advertising signs shall be operated and maintained in compliance with Cal. Business and Professions Code § 5403.
9. All utilities for freeway oriented off-site advertising signs shall be underground.
10. No freeway oriented off-site advertising sign shall have more than one (1) digital face (display surface) oriented in the same vertical plane.
11. The maximum height of any freeway oriented off-site advertising signs, including sign faces, shall be sixty-five (65) feet as measured from the bottom of the sign supports to the highest point of the sign face.
12. All freeway oriented off-site advertising signs shall plainly display, and be visible from no less than one hundred (100) feet, the name of the person or company owning or maintaining it and the freeway oriented off-site advertising sign identification number.
13. The sign owner must provide, and keep current, the name and contact information of a designated maintenance service available by telephone and able to respond to a repair call "24/7" in the event the sign malfunctions or becomes damaged.
14. Freeway oriented off-site advertising signs projecting over a driveway or driving aisle shall have a minimum clearance of thirty (30) feet between the lowest point of the sign and the finished driveway grade.
15. No part of any freeway oriented off-site advertising signs shall cross onto or over an adjacent private property.
16. Freeway oriented off-site advertising signs projecting over a pedestrian walkway shall have a minimum clearance of thirty (30) feet between the lowest point of the sign and the walkway grade. Freeway oriented off-site advertising signs not projecting over drive areas shall have a minimum clearance of thirty (30) feet between the lowest point of the electronic freeway oriented off-site advertising sign and finish grade level.
17. Freeway oriented off-site advertising sign structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an electronic freeway oriented off-site advertising sign, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the Director of Community Development.
18. No freeway oriented off-site advertising sign shall display any statement or words of an obscene, indecent, or immoral character, as that phrase is used in Cal. Business and Professions Code § 5402 and judicial decisions interpreting the same.
D. Electronic signs - additional requirements. All electronic freeway oriented off-site advertising signs must comply with the following requirements in addition to the requirements in subsection C., above:
1. Signs shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols.
2. Static messages shall not include flashing lights or the varying of light intensity.
3. Each message shall be displayed for a minimum of four (4) seconds, or as otherwise specified in applicable laws.
4. Each sign shall have a light sensing device that will adjust the brightness as ambient light conditions change.
5. Signs 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 based on the expected viewing distances of each size sign as follows, unless otherwise specified in applicable laws:
Nominal Face Size | Distance to Point of Measurement |
300 sq. ft. | 150 ft. |
450 sq. ft. | 200 ft. |
650 sq. ft. | 250 ft. |
Anything larger | 300 ft. |
6. Each electronic freeway oriented off-site advertising sign shall be designed and required to freeze the display in one (1) static position, display a full black screen, or turn off, in the event of a malfunction.
E. Application requirements. Applications for approval of a freeway oriented off-site advertising sign must include the following documents, materials, or information as well as any other documents, materials, or information deemed reasonably necessary by the Director of Community Development to ensure compliance with this section.
1. The name, address, phone number and other contact information of the person or entity proposing the agreement.
2. The location of the proposed freeway oriented off-site advertising sign.
3. Evidence that the applicant has legal or equitable interest in the proposed freeway oriented off-site advertising sign an in the site proposed for the sign; e.g., a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the freeway oriented off-site advertising sign on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.
4. Conceptual design drawings for the freeway oriented off-site advertising sign(s) that include technical specifications to determine the freeway oriented off-site advertising sign's compliance with this section.
5. Photos of all existing signage, architectural renderings and elevations in the vicinity of the proposed freeway oriented off-site advertising sign, and a scaled site plan and elevations showing the locations of all existing structures and improvements on the property and the proposed freeway oriented off-site advertising sign. Photo simulations shall be provided of the before and after physical site appearance from views as specified by the Director of Community Development.
6. A photo metric study prepared by a city-approved lighting engineer demonstrating compliance of the freeway oriented off-site advertising sign with the operational criteria of this section.
7. Details of any public benefit that would be provided by the proposed freeway oriented off-site advertising sign.
8. The applicant shall pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for business licenses or permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review of the application.
9. The applicant shall pay the cost of any environmental studies and reports necessary for the completion of the environmental review of the proposal pursuant to the California Environmental Quality Act.
10. Such other documents, materials, or information deemed reasonably necessary by the Community Development Director.
(Ord. 1241, passed 8-15-23)