10.34.170   Electronic Display Billboards.
   A.   Purpose and Intent. These provision regulate the establishment, operations, and maintenance of Electronic Display Billboards, as defined in 10.34.050. The City recognizes that Electronic Display Billboards can serve a community purpose through the generation of revenue for the City, for the advertising of products and services that may be of interest to community members, and for the provision of a medium to display public service announcements and emergency messages.
   B.   Applicability. This Section applies to all Electronic Display Billboards in the City as follows:
      1.   The provisions of this Section are in addition to any standards or other regulations imposed by the required Development Agreement. However, where any standard(s) imposed by the required Development Agreement conflict with the general standards specified in this Section, the standards imposed by the Development Agreement shall prevail. In no case, however, shall the required Development Agreement allow for deviations from subsections D, F and I below, unless otherwise set forth in those subsections.
      2.   No Electronic Display Billboard shall be erected or maintained that does not comply with the provisions of this Section and any other applicable statutes or laws.
      3.   In the event of direct and irreconcilable conflict between any provisions of this Section and any other provisions of Chapter 10, or any other provisions contained in the Municipal Code, the more restrictive requirements shall govern.
   C.   Application: Development Agreement Required.
      1.   Development Agreement. A Development Agreement, prepared and adopted in compliance with Section 65864 et seq. of the Government Code and the City’s Code, shall be required to allow an Electronic Display Billboard.
      2.   Mandatory Contents of Development Agreement. Each Development Agreement to permit an electronic display billboard considered by the City shall, at a minimum, contain language addressing the following:
         a.   Annual, quarterly, and/or monthly fees and other public benefits to be conveyed to the City. The City's intent and objective in requiring the payment of fees is to compensate for the aesthetic impact on the community associated with the presence of off-site signs.
         b.   Any allowed deviations from the development standards established in subsection E, and operational standards in Subsection F.1., below.
         c.   The amount of time each day dedicated to public service announcements, at no cost to the City.
         d.   Terms requiring periodic review of the Development Agreement, as may be required by law or otherwise established by the City.
      3.   Method of Review and Approval. The Development Agreement shall be filed, processed, reviewed, and approved or denied in compliance with Chapter 10.118 (Development Agreements). In addition, the following procedures shall be required:
         a.   The Development Agreement shall be filed with the Development Services Department, along with applicable fees, on forms provided by the Department.
            i.   The application shall be accompanied by accurate architectural renderings and elevations of the proposed electronic display billboard, as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the subject property, and the proposed electronic display billboard.
            ii.   At the time of filing the application, the applicant shall pay a filing fee in compliance with a Council approved resolution. This fee shall be in addition to any other required fees relative to development of the property and shall be for the purpose of defraying the costs associated with City review and action on the application.
         b.   The Commission may recommend approval and the Council may approve the Development Agreement for an Electronic Display Billboard if all of the following finding can first be made:
            i.   The proposed Electronic Display Billboard is to be located in an appropriate area as defined by subsection D, below;
            ii.   The proposed Electronic Display Billboard is placed on its site in the least visually impacting manner;
            iii.   The subject Development Agreement contains appropriate language addressing revenue for the City;
            iv.   The proposed Electronic Display Billboard complies with all of the applicable development standards specified in subsection E, below, unless modified through the Development Agreement, as well as all applicable Federal, State, and local laws;
            v.   The placement of the proposed Electronic Display Billboard will not obscure or otherwise visually impact any Council-designated historical buildings;
            vi.   The placement of the proposed Electronic Display Billboard will not adversely affect residential use of property; and
            vii.   The placement of the proposed Electronic Display Billboard will not pose a traffic hazard.
         c.   The Commission may recommend and/or the Council may impose additional conditions as are deemed reasonable and necessary to ensure that the Electronic Display Billboard is consistent with the General Plan, compatible with surrounding land uses, meets the provisions and intent of Chapter 10, minimizes potential traffic hazards, and otherwise protects the public health, safety, and general welfare.
   D.   Location: Where Permitted and Prohibited.
      1.   Electronic Display Billboards shall only be permitted on City-owned property (as defined in Section 10.132.040 of this Code) in any nonresidential zone or within the Downtown Specific Plan area.
      2.   No Electronic Display Billboards shall be located any closer than 1,500 linear feet of another electronic display billboard, as measured from the centerline of each support structure.
      3.   No Electronic Display Billboard shall be permitted on or overhanging the roof of any building.
   E.   Development Standards.
      1.   Sign Face Dimensions. The Electronic Display Billboard display area shall not exceed 672 square feet, exclusive of border, trim, and other special advertising features of additions.
      2.   Height. Unless permitted pursuant to the terms of the Development Agreement, the maximum overall height of Electronic Display Billboards shall not exceed 36 feet, measured from the finished grade of the Billboard structure’s base to the top of the billboard structure.
      3.   Support Structure. All proposed Electronic Display Billboards shall be designed to have a single cylindrical column support, and shall be structurally sound and designed with consideration to seismic safety. Billboard faces shall be in line with the support structure, and no cantilevered design will be approved.
      4.   Cutouts and Attachments. No cutouts or attachments shall be permitted, unless permitted pursuant to the terms of the Development Agreement.
      5.   Double-faced Signs. Bidirectional or double-faced Electronic Display Billboards shall be located on the same cylindrical column structure and shall be restricted to the following:
         a.   The distance between sign faces shall not exceed eight feet ; and
         b.   Electronic Display Billboard faces located on the same structure shall be positioned back-to-back (i.e., their backs shall be parallel to each other) and within five degrees of perpendicular to the roadway from which they are to be viewed.
      6.   Mechanical Screening. Each sign structure shall, at all times, include a facing of proper dimensions to conceal back bracing and framework of structural members and/or any electrical equipment. During periods of repair or alteration the facing may be removed for a maximum period of 48 consecutive hours.
      7.   Billboard Owner Identification Signs. Billboard owner identification signs shall be provided on all Electronic Display Billboards and shall have a minimum character height of 12 inches.
      8.   Undergrounding of Utilities. The Electronic Display Billboard owner shall underground all utilities installed in connection with the electronic display billboard.
      9.   Compliance with other Codes. All Electronic Display Billboards shall comply with the appropriate detailed provisions of the latest editions of the California Building, Electrical, and related Codes.
   F.   Operational Standards.
      1.   Unless permitted pursuant to the terms of a Development Agreement, the provisions set forth in this subsection shall apply to all Electronic Display Billboards.  The images on the Electronic Display Billboards shall not change more often than every eight seconds, and transitions between images shall not exceed one second. The images shall change instantaneously, with no special effects or video. Any form of moving, animated, oscillating, or rotating images, or any other design intended to attract attention through movement or the semblance of movement on the whole or any part of the sign, or any other method or device that suggests movement, is prohibited at all times.
      2.   Each Electronic Display Billboard shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 foot candles (over ambient levels) as measured at a height of five feet above the ground and a distance of between 150 and 350 feet from the sign under consideration, depending on the size of the sign. The City may further restrict the intensity of any electronic display billboard.
      3.   Electronic display billboards shall be required to provide for public service announcements, Amber Alerts, and other community service announcements per the terms of the required Development Agreement.
   G.   Column/Support Structure Screening Standards.
      1.   The area surrounding the base of the column structure of an Electronic Display Billboard shall be landscaped or screened in compliance with the requirements of this Subsection. The intent is to achieve a positive and creatively aesthetic treatment of the column structure as viewed from the ground level and to discourage graffiti.
      2.   The base around the column structure of the Electronic Display Billboard shall be screened from the adjacent uses. Examples of potential screening methods may include landscaping, decorative walls and fencing, or public art to achieve the intent of this subsection. Decorative walls and fences and public art may be used in conjunction with landscaping but may not be used by themselves to comply with screening requirements.
      3.   The plant materials used for landscaping shall be drought-resistant and irrigated with an automatic drip irrigation system.
   H.   Ladders Prohibited. The installation and/or maintenance of a ladder or any other feature that allows unauthorized access to the column structure or sign face of any Electronic Display Billboard is prohibited.
   I.   General Standards. Unless otherwise specified in this section, the general advertising requirements specified in the Business and Professions Code, Division 3, Chapter 2, shall apply to plans and materials for and to design, construction, identification and maintenance of Electronic Display Billboards under this Section.
   J.   Maintenance Standards.
      1.   All Electronic Display Billboards shall be maintained in good condition and working order at all times, and free of graffiti, peeling pain, faded colors, and/or damaged materials.
   2.   Notwithstanding the requirements of Section 3.44.040 of the Municipal Code, when Electronic Display Billboard is defaced with graffiti, the sign owner shall remove the graffiti within 48 hours after having received mailed or electronic notice by the City. (Ord. 964 §§ 4 - 5, 2019; Ord. 935 § 3 (part), 2015)