A. Purpose. The purpose of relocation agreements approved pursuant to this section is to allow for the removal and relocation of existing, nonconforming, off-site signs to new and different locations, and to enable the substitute of off-site signs meeting modern standards for such existing, nonconforming, off-site signs. For purposes of this section: (1) "off-site sign" and its variants includes "billboards"; and (2) "relocation" includes the removal of existing nonconforming, off-site signage and the construction of new replacement off-site signage or alteration of existing off-site signage, subject to compliance with the requirements of this section.
B. Off-Site Signs Pursuant to Relocation Agreement. Notwithstanding provisions of this chapter to the contrary, a new or relocated off-site sign that does not comply with all of the requirements of this chapter may be allowed pursuant to a relocation agreement approved by the city council pursuant to this section, subject to the requirements and procedures set forth below.
C. Applicability. Any legal, nonconforming off-site sign may be considered as a candidate for relocation pursuant to a relocation agreement as provided in this section. Such off-site signs may be relocated to a new site or relocated on the present site only in accordance with this section.
D. Procedure. Relocation agreements shall be approved by the city council. Applications for relocation agreements shall be noticed and heard before the planning and design commission and city council in the same manner as applications for city council approved conditional use permits are noticed and heard pursuant to the Planning and Development Code.
E. Application-Property Owner's Consent or Indemnity. To the extent the applicant is not the owner of the property on which the nonconforming, off-site sign proposed for relocation is located, or is not the owner of the property to which the nonconforming, off-site sign will be relocated, the applicant shall, either at the time of application, either provide documentation of the consent of the owner(s) to the application or, agree to indemnify the city against any and all claims from owner(s) concerning the processing and approval, should approval occur, of the relocation agreement application.
F. Requirements for Relocated Off-Site Signs. The off-site sign(s) approved for relocation pursuant to a relocation agreement under this section shall comply with the requirements of this chapter for off-site signs, except as specifically provided below:
1. Size. The maximum size of an individual off-site sign relocated pursuant to a relocation agreement shall not exceed seven hundred (700) square feet;
2. Distance Between Off-Site Signs. Except as prohibited by the California Outdoor Advertising Act, and notwithstanding Section 15.148.160(B), off-site signs may be located at or greater than two hundred fifty (250) feet from another off-site sign on the same side of the street; and to the extent an off-site sign is located on one street but is oriented to be viewed from another street, no such sign shall be located nearer than two hundred fifty (250) feet to any other off-site sign on the same side of the street on which it is located or any other off-site sign located on the nearest side of the street to which said sign is oriented.
3. Zoning. Relocated off-site signs shall be allowed in the C-4, M-1 and M-2 zones; provided that lawfully existing, nonconforming off-site signs located in other zones may be altered, modified or replaced in the same location pursuant to a relocation agreement, provided that all of the other provisions of this section are satisfied.
4. Reduction in Number of Signs and Square Footage. No relocation agreement shall be approved unless the relocation agreement results in: (a) a net reduction in the number of off-site signs lawfully allowed; and (b) a net reduction in the total square footage of off-site signage lawfully allowed.
5. Signs Within Six Hundred Sixty (660) Feet of a Freeway. Notwithstanding Section 15.148.850, a relocation agreement may be approved even though it would result in the relocation of a sign or signs to a location within six hundred sixty (660) feet of a freeway where the copy of such off-site sign would be visible by persons traveling on that freeway.
6. Consistency with Outdoor Advertising Act. In addition to complying with the other requirements set forth in this section, the relocated off-site sign must also comply with the requirements of the Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code, including, but not limited to, the restrictions on size, height, proximity to interstate and primary highways and landscaped freeways, and other regulations set forth in Articles 7 and 8 of the Act. To the extent any conflict arises between this section and the Outdoor Advertising Act, the Outdoor Advertising Act will prevail.
G. Findings. A relocation agreement may be approved if the council makes the following findings concerning the signage proposed for relocation pursuant to the relocation agreement;
1. The relocated signage complies with the purpose and requirements of this section and this chapter;
2. The relocated signage is compatible with the uses and structures on the site and in the surrounding area, including parks, trails and other public facilities and amenities;
3. The relocated signage will not interfere with on-site access, circulation or visibility;
4. The relocated signage will not create a traffic or safety hazard;
5. The relocated signage will not result in any undue or significant increase in visual clutter in the area surrounding the new site.
H. Removal of Existing Off-Site Sign. The off-site sign(s) approved for relocation must be removed from the original site(s) prior to construction or installation of the off-site sign(s) authorized by the relocation agreement. (Ord. 2016-0010 § 36; Ord. 2014-0017 § 2; Ord. 2013-0021 § 70; Ord. 2010-011 § 2; Ord. 2002-005 § 1, 2002)