Skip to code content (skip section selection)
(A) No sign shall be painted, placed, pasted, posted, printed, tacked, fastened, or maintained, except as provided in this article.
(B) Except for election signs, no sign shall be erected, re-erected, constructed, altered or maintained without a sign permit approved by the development services manager as well as by the manager; provided, however, that signs painted or letters pasted on a window or wall do not require approval by the development services manager.
(C) On receiving an application for a sign permit, the development services manager shall determine whether to approve the permit in accordance with article X of chapter 14 of the city code.
(D) On receiving an application for a sign permit, the manager shall determine whether the application contains all information and items required to determine whether the proposed sign complies with the provisions of the city code, an approved sign program, or an applicable specific plan. If the manager determines that the application is not complete, the manager shall notify the applicant in writing within 30 calendar days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information or items necessary to render the application complete. The applicant shall have 30 calendar days to submit such additional information and items. Failure to do so within such period renders the application void.
(E) Within 30 calendar days following receipt of such required additional information or items, the manager shall again determine whether the application is complete in accordance with the same procedures until the manager finds the application to be complete ('the application date').
(F) The manager shall not accept a sign permit application if:
(1) The applicant has installed one or more other signs in violation of the provisions of the city code at the same location or at other locations and, at the time the application is submitted, each such illegal sign has not been legalized, removed or included in the application;
(2) Another violation of the city code exists on the site of the proposed sign (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the sign permit is sought) that has not been cured at the time the application is submitted;
(3) The application is substantially the same as an application previously denied, unless 12 months have elapsed since the date of the previous denial or new evidence or proof of changed conditions is provided in the new application; or
(4) The applicant has not obtained any required use permit or downtown design review permit.
(G) Within 30 calendar days of the application date, the manager shall notify the applicant in writing that the application is approved or denied. If the application is denied, the written decision shall specify the grounds for denial. The manager shall approve the application if the proposed sign conforms to all design, size, height and other sign standards imposed by the city code, an approved sign program, or an applicable specific plan. An application for more than one sign or location may be granted or denied in whole or in part.
(H) Approval of a sign permit does not relieve the permit holder of the duty to obtain any other required permits and approvals, including but not limited to a downtown design review permit for a sign in the CBD zone.
(I) The manager may revoke any sign permit on failure of the permit holder to comply with the provisions of the city code, an approved sign program or an applicable specific plan, after the manager gives the permit holder written notice of noncompliance and at least 15 calendar days to cure the noncompliance. If the manager revokes the permit, the manager shall adopt a written decision stating the reasons for revocation and shall mail or deliver a copy thereof to the permit holder, along with a statement of the permit holder's right to appeal.
(J) Any person may appeal to a hearing officer a decision of the manager approving or denying an application for a sign permit or revoking a sign permit. The appeal shall be in writing, shall state the grounds for appeal, and shall be filed with the city clerk within 15 calendar days of the date of the manager's decision, together with the appeal fee adopted by resolution of the city council.
(K) The city clerk shall schedule the appeal for hearing no later than 30 days thereafter, unless the appellant requests or concurs with a later date, and shall notify the appellant and the manager of the date, time and place of hearing. The hearing may be continued to a later date on the request of or with the concurrence of the appellant.
(L) The hearing officer shall render a decision on the day of the hearing and shall adopt a written decision on that day or within 15 calendar days thereafter. The hearing officer's decision is final and is not subject to administrative appeal. The manager's decision shall be stayed during the pendency of the time to appeal and, if an appeal is filed, the time before the hearing officer renders a written decision.
(M) All written notices and decisions required to be given to the applicant or permit holder may be prepared on forms or otherwise and may be given by personal delivery to the applicant or permit holder; by depositing the notice and/or decision in the United States mail, first class postage prepaid, addressed to the applicant or permit holder at the address stated on the application; or by e-mail to the applicant or permit holder at the e-mail address stated on the application.
(N) An applicant or permit holder dissatisfied with the decision of the hearing officer may seek judicial review of that decision in accordance with applicable provisions of Sections 1094.5, 1094.6 and 1094.8 of the Cal. Code of Civil Procedure.
(O) All rights, duties and responsibilities related to signs attach to the property on which the sign is placed and run with the land. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner, the person in control or possession of the property, or the person placing the sign.
(`64 Code, Sec. 34-181) (Ord. No. 1573, 2687)