(A) Purpose. Electronic billboards are recognized as a legitimate form of commercial use in the city. However, the size, number, location, and illumination of electronic billboards can have significant influence on the city's visual environment, and can, without adequate control, create or contribute to blighted conditions. The purpose of this section is to provide reasonable electronic billboard controls along the Interstate 605 corridor through the city, recognizing that community appearance is an important factor in ensuring the general community welfare.
(B) Location of Interstate 605 corridor. The Interstate 605 corridor consists of properties that are immediately adjacent to Interstate 605.
(C) Sign permit required. To ensure compliance with the regulations contained in this section, a sign permit shall be required in order to erect, repair, alter, relocate, or maintain any electronic billboard. Application for said permit shall be on a form provided by the city and shall be accompanied by a filing fee as set by City Council resolution.
(D) Conflicts with other provisions of the zoning ordinance. Electronic billboards allowed under the provisions of this section shall be in addition to all other signs allowed by the zoning ordinance. The locations and heights of allowed electronic billboards shall be governed by this section. If there is a conflict between the provisions of this section and other sections of the zoning ordinance, the provisions of this section shall control.
(E) Permitted use in the M-2 zone. Subject to the limitations of this section, and notwithstanding the provisions of any other section of the zoning ordinance, electronic billboards shall be a permitted use in the M-2 zone.
(F) Operating agreement required. Electronic billboards shall only be permitted when the city has entered into an operating agreement with an electronic billboard owner to allow for an electronic billboard under certain circumstances; including (i) compensation to the city; (ii) the provision of access to the city to a portion of the total available display time to allow the city to present messages of community interest and information, and public safety; (iii) the provision of access to the appropriate agencies for the purpose of displaying "Amber Alert" messages and emergency-disaster communications; and (iv) to establish quality and maintenance standards.
(H) Locations prohibited.
(1) Within a classified "landscaped freeway" pursuant to the state regulations relating to the California Outdoor Advertising Act (4 California Code of Regulations §§ 2500 et seq.), as they currently exist or may hereafter be amended.
(2) More than 200 feet from the centerline of Interstate 605.
(3) On or encroaching over the public right-of-way. No portion of an electronic billboard shall project over the width of any street, highway, sidewalk, or other public right-of-way.
(4) On the roof of a building or projecting over the roof of a building, whether the building is in use or not.
(5) On the wall of a building or otherwise attached to, or integrated to, or suspended from a building.
(6) Within 200 feet of residential uses as measured from the centerline of the support post to the exterior wall of the nearest habitable residential structure, as such use exists on the date the electronic billboard development plan approval application is approved by the city. This minimum distance may be reduced to 180 feet if the electronic billboard utilizes the most effective light reducing technology available in the industry, proven to reduce light impacts below standard LED displays and documented by an independent engineering light study.
(7) Within 1,000 feet of another electronic billboard on the same side of the freeway, as measured from the centerline of the support post of each electronic billboard.
(8) Within 500 feet of a freeway oriented freestanding sign, as measured from the centerline of the support post of the electronic billboard and the freeway oriented freestanding sign.
(9) In no event shall any billboard be permitted in any location which would result in a violation of any applicable federal, state, or local law.
(I) Development standards.
(1) V-shape billboards. V-shape billboards shall not be located immediately adjacent to another v-shape billboard on the same side of the freeway.
(2) Maximum height. Heights of electronic billboards shall be established relative to topography and setting so as to provide the best balance between the sign's purpose of effectively communicating a visual message, the setting including topography and surrounding architecture, and freeway traffic safety. However, in no case shall an electronic billboard exceed a maximum height of 50 feet as measured from the center line of the nearest travel lane of Interstate 605 to the top edge of the electronic billboard face. This excludes architectural elements, which may extend up to six feet above the 50-foot height limit.
(3) Minimum setback. The minimum setback distance of the electronic billboard column support post shall be at least 25 feet from any property line and at least 25 feet from any building. Upon a showing of good cause, the minimum setbacks may be reduced as a part of the development plan approval review, if the Planning Commission finds that the electronic billboard as proposed will not be placed and/or designed in such a manner as to create a traffic hazard. Examples of such sign placement and/or design include, but are not limited to, signs which interfere with traffic sight distances, traffic flow or the visual access to a traffic sign; and signs with color, configuration, text or location which cause them to be mistaken for, or otherwise imitate, a traffic sign or signal.
(4) Driveways. Electronic billboards projecting over a driveway or driving aisle shall have a minimum clearance of 16 feet between the lowest point of the face, including architectural elements, and the driveway grade.
(5) Pedestrian walkway. Electronic billboards projecting over a pedestrian walkway shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and the walkway grade.
(6) Minimum ground clearance. Electronic billboards shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and ground level so as not to provide an attractive nuisance for graffiti and vandalism.
(7) Face orientation. Electronic billboards shall be designed to be viewed primarily by persons traveling on the main-traveled way of the freeway. No electronic billboard shall have more than one face (display surface) oriented in the same vertical plane.
(8) The electronic billboard shall be constructed to withstand a minimum wind pressure of 20 pounds per square foot of exposed surface.
(9) Each electronic billboard shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, the Highway Beautification Act of 1965 (23 U.S.C. § 131 et seq.), the California Outdoor Advertising Act (Cal. Bus. and Prof. Code §§ 5200 et seq.), and the California Vehicle Code, as they currently exist or may hereafter be amended.
(J) Standards of design.
(1) All new electronic billboards shall be designed to have a single cylindrical column support post.
(2) The single cylindrical column support post of all electronic billboards shall be provided with an architectural façade.
(3) Maximum number of faces. No electronic billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed.
(a) The faces of two-sided electronic billboards shall be identical in size.
(b) The top, bottom, and sides of the faces shall be in alignment, and no portion of either face shall project beyond the corresponding portion of the other face. Architectural elements shall also be aligned on both sides of the electronic billboard.
(4) Maximum face size. Each face of the sign shall be no larger than 14 feet by 48 feet in dimension (total 672 square feet), plus framing.
(5) Screening. All exposed portions of electronic billboards, including backs, sides, under areas, support members and support posts, shall be screened to the satisfaction of the Director of Planning or designee.
(6) The angle between the faces of a v-shape electronic billboard shall be no greater than 30 degrees.
(7) The utilities of each electronic billboard shall be underground.
(K) Strict application of design and numerical standards not required. In general, no electronic billboard should exceed the number, size, height, or location limitations set forth in this section. However, as rigid numerical or other design standards may preclude exceptional design that might better achieve the purpose and objectives of this section, exceptions to the stated numerical or design standards, including size, shape, and location, may be approved by the Planning Commission when appropriate, provided any resulting determinations or approvals shall be supported by clear and descriptive findings that are consistent with and which achieve one or more of the purposes and the objectives of this chapter. No design exceptions may be approved for prohibited signs. For any approval of an electronic billboard which does not strictly conform to the stated numerical and design standards set forth in this section or the applicable development plan approval, the Planning Commission must first make the following findings in writing:
(1) The proposed electronic billboard achieves the purposes and objectives of this section and the city sign ordinance; and
(2) The proposed electronic billboard exemplifies innovation and creativity and is appropriate and consistent with the architecture and context of the building and the neighborhood where the sign will be located; and
(3) The proposed electronic billboard is consistent with all applicable sign guidelines or has been determined by Planning Commission to better achieve the purpose and objectives of this sign subchapter than the strict application of said sign guidelines and standards.
(L) Operational restrictions.
(1) No electronic billboard shall display flashing, shimmering, glittering, intermittent or moving light or lights. Exceptions to this restriction include time, temperature, and smog index units, provided the frequency of change does not exceed four-second intervals.
(2) Minimum display time. Each message on the sign must be displayed for a minimum of four seconds or the minimum time allowed under the State of California Outdoor Advertising Act and Caltrans implementing regulations, whichever is the shorter period of time.
(3) Maximum display time. Electronic billboard messages shall be displayed for no longer than two minutes at a time.
(4) Each electronic billboard shall be tied into the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts").
(5) Each electronic billboard shall be designed to either freeze the display in one static position, display a full black screen, or turn off in the event of a malfunction.
(6) No electronic billboard shall utilize technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to, a radio frequency identification device, geographic positions system, or other device.
(7) No electronic billboard shall emit audible sound, odor, or particulate matter.
(8) No electronic billboard 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 to traffic, by, for example, the use of the words "stop" or "slow down."
(9) No electronic billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals, nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Cal. Vehicle Code § 21466.5.
(10) Each electronic billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions.
(11) Electronic billboards 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 distance of 250 feet for a sign with a nominal face size of 14 feet by 48 feet.
(12) No electronic billboard shall be maintained in the city unless the name of the person or company owning or maintaining it and the identifying number of the electronic billboard are plainly displayed thereon.
(M) Outdoor advertising permit. Outdoor advertising displays require a permit from Caltrans if they are located within 660 feet from the edge of the right-of-way and viewed primarily by persons traveling on a freeway.
(N) Additional requirements. Prior to issuance of a building permit for any electronic billboard project subject to the requirements of this chapter, the applicant shall provide the following:
(1) The telephone number of a maintenance service, to be available 24 hours a day, to be contacted in the event that an electronic billboard becomes dilapidated or damaged.
(2) Proof of lease demonstrating a right to install the electronic billboard on the subject property.
(3) A list of locations of all electronic billboards in the city owned or managed by the entity that will own or manage the subject electronic billboard.
(O) Future technologies. The technology currently being deployed for electronic billboards is LED (light emitting diode), but there may be alternate, preferred, or superior technology available in the future. Owners of electronic billboards are authorized to change the electronic billboards to any other technology that operates under the maximum brightness standards in division (L) of this section. The city shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.
(P) After receiving approval to install an electronic billboard, owners of electronic billboards may replace the digital faces to their electronic billboard, however, the following shall apply:
(1) All required permits are obtained.
(2) All screening and architectural elements are maintained.
(3) The number of physical sign faces shall not be increased.
(4) The overall size of the sign faces shall not be increased by more than 5% over the originally approved design.
(Am. Ord. 1118, passed 9-7-21) Penalty, see § 10.97