Purpose. Billboards are recognized as a legitimate form of commercial use in the city. However, the size, number, location and illumination of 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 billboard control, recognizing that community appearance is an important factor in ensuring the general community welfare. This section contains the entirety of the city’s zoning regulations with respect to billboards in the Freeway Overlay Zone (“FOZ”). In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provision contained in this section shall prevail.
(A) Use regulations. Billboards shall be allowed in the FOZ not more than 200 feet from the centerline of the freeway and only after a valid conditional use permit has first been obtained and a development agreement has been approved. A conditional use permit shall be obtained and a development agreement shall be entered into prior to the issuance of a building permit for any project involving construction of a new billboard, expansion or modification of a billboard, or addition of additional face(s) to a billboard. A development agreement shall include the amount of money to be paid to the city as a result of the installation and operation of the billboard.
(B) Separate applications. Each individual proposal for construction of a new billboard, or modification of a billboard, shall be considered a separate application, and each application shall be separately and individually subject to the provisions in this code relating to conditional use permits, and the provisions and requirements of this section. Multiple sites shall not be combined into one application.
(C) Required findings. In addition to the required findings for a conditional use permit (§ 155.716), the Planning Commission or City Council, as applicable, shall not approve a conditional use permit for any billboard project unless it can make a finding that the billboard will not constitute a hazard to the safe and efficient operation of vehicles upon a street or freeway.
(D) Locations allowed. Billboards shall be allowed only in the FOZ.
(E) Locations prohibited.
(1) On the roof of a building or projecting over the roof of a building, whether the building is in use or not.
(2) On the wall of a building or otherwise attached or integrated to, or suspended from a building.
(3) On or encroaching over the public right-of-way.
(4) Within a classified “Landscaped Freeway” pursuant to the State Outdoor Advertising Regulations, § 2500 through 2513.
(5) Within any landscaped freeway area under the jurisdiction of the California Department of Transportation, unless there is a relocation agreement between the outdoor advertising structure owner and the California Department of Transportation.
(6) Within 300 feet of an intersection of highways or of highway and railroad right-of-way, but a sign may be located at the point of interception, as long as a clear view is allowed for 300 feet, and no sign shall be installed that would prevent a traveler from obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway.
(7) In no event shall any billboard be permitted in any location which would result in a violation of any applicable federal or state law.
(8) More than 200 feet from the centerline of a freeway.
(F) Landscape segment relocation credits. No new billboard shall be constructed or installed within the city through utilization of credits given by the California Department of Transportation or state for relocation of billboards located in landscaped freeway segments, unless mandated by state law. This shall include credits for billboards located either within the city or in other jurisdictions.
(G) Types of billboards prohibited. The following types of prohibited billboards are specified for clarity. However, this shall not limit the types of prohibited billboards to those described below:
(1) Mobile billboards. To the extent not in conflict with any provision of the Vehicle Code, any ‘mobile billboard advertising display,’ as that term is defined in the Cal. Vehicle Code § 395.5, including any billboard installed upon, mounted, attached, or applied to any vehicle, non-motorized vehicle, bicycle, scooter, or trailer whose primary purpose is conveyance, transportation, or support of the billboard message surface shall be prohibited from any display or placement on public or private property or the public right-of-way in a manner making it visible from any other public or private property or the public right-of-way.
(2) Supergraphics. Any off-site advertisement meeting the definition of “supergraphic” as defined in § 155.383 shall be prohibited.
(3) Static billboards. Any off-site advertisement meeting the definition of “Billboard, Static” as defined in § 155.383 shall be prohibited.
(H) General requirements.
(1) Maximum advertising copy area. The maximum advertising copy area of each billboards face shall be 672 square feet per face (e.g., 14 feet x 48 feet). Measurement of the maximum advertising copy area includes only the measurement of the billboard face, exclusive of architectural elements which may extend up to two feet on either side and/or below the advertising copy.
(2) Maximum height. The maximum height of billboards shall be 50 feet, measured from the finished grade at the base of the sign to the top edge of the billboard face. This excludes architectural elements which may extend up to six feet above the 50 feet limit.
(3) Maximum number of signs. No property (defined as a single parcel or two or more contiguous parcels under common ownership) shall have more than two billboards.
(4) Minimum distance from another billboard or freestanding sign on the same parcel. The minimum distance from another billboard or freestanding sign on the same property shall be 500 feet as measured from the vertical centerline of each billboard or freestanding sign.
(5) Minimum distance from another billboard on the same side of the freeway. The minimum distance from another billboard not on the same property but on the same side of the freeway shall be 1,000 feet, as measured from the vertical centerline of each billboard.
(6) Minimum setback. The minimum setback distance of the billboard column support post shall be at least 25 feet from any property line and at least 25 feet from any building. Notwithstanding, no portion of a billboard shall project over the width of any street, highway or other public right-of-way.
(7) Maximum number of faces. No billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed (no V-shape billboards shall be allowed except as provided in division (H)(14) of this section).
(a) The two faces of two-sided billboards shall be identical in size.
(b) The two faces shall be attached directly and be parallel to each other.
(c) The top, bottom and sides of the two 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 billboard.
(8) Face orientation. No billboard shall have more than one face (display surface) oriented in the same vertical plane.
(9) Name of owner. No 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 billboard are plainly displayed thereon.
(10) Driveways. 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.
(11) Pedestrian walkway. 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.
(12) All others. All other 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.
(13) Screening. back or rear portions of single-faced or double-faced billboards visible from a public right-of-way or other public or private property shall be screened. The screening shall cover all structural members of the billboard, not including the pole supports.
(14) V-Shape billboards. V-Shape billboards shall not be located immediately adjacent to another V-Shape billboard on the same side of the freeway. In addition to the standard requirements for double-sided billboards, a V-Shape billboard shall comply with the following:
(a) The maximum angle of the opening shall be 30 degrees.
(b) All exposed backs, sides and under area shall be suitably screened by a material acceptable to the Director of Planning or designee.
(15) Additional requirements. Prior to issuance of a building permit for any billboard project subject to the requirements of this chapter, the applicant shall provide the following:
(a) The telephone number of a maintenance service, to be available 24 hours a day, to be contacted in the event that a billboard becomes dilapidated or damaged.
(b) Proof of lease demonstrating a right to install the billboard on the subject property.
(c) A list of locations of all billboards in the city owned or managed by the entity that will own or manage the subject billboard, and all billboards within 1,000 feet of the proposed billboard. This information also shall be provided on a map. The intent of this requirement is to facilitate analysis of the proposed billboard's compliance with the spacing and location requirements.
(I) Standards of design.
(1) All new billboards shall be designed to have a single (steel) cylindrical column support post.
(2) All new billboard structures shall be free of any bracing, angle iron, guy wires, cables, and/or similar supporting elements. All exposed portions of billboards, including backs, sides, support members and support poles, shall be screened to the satisfaction of the Director of Planning or designee.
(3) The installation of any new billboard shall not require the removal of trees or other on-site landscaping or the reduction of any required on-site parking spaces.
(4) The backs of all new billboard structures shall be screened, encased, or otherwise suitably covered.
(5) The torsion bar of all billboards shall be screened by a material acceptable to the Director of Planning or designee or contained between the sign faces of the billboard whereby it is not visible.
(6) The single (steel) cylindrical column support post of all billboards shall be provided with a façade acceptable to the Director of Planning or designee.
(J) Design and operational restrictions.
(1) Each digital billboard shall be constructed to withstand a wind pressure of 20 pounds per square foot of exposed surface.
(2) No billboard shall display any statement or words of an obscene, indecent or immoral character.
(3) No billboard shall display any advertising of: products, goods, or services related to tobacco, marijuana, or illegal substances; or sexually explicit material or adult-type land uses, including but not limited to nude or topless bars or nightclubs, or establishments that feature nude or topless dancing or mud wrestling, or businesses featuring the sales of adult novelty items, books, magazines, videos, DVDs or tapes.
(4) No digital 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.
(5) No digital billboard shall include any illumination or message change that is in motion or that change or expose a message for less than four seconds. Continuous motion, including full motion video, shall not be permitted.
(6) The utilities of each digital billboard shall be underground.
(7) Each digital billboard shall be tied into the National Emergency Network and provide emergency information, including child abduction alerts (i.e., “Amber Alerts”).
(8) Each digital 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), the California Outdoor Advertising Act (Cal. Bus. and Prof. Code §§ 5200 et seq.), and the California Vehicle Code.
(9) Each digital billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions. So on overcast or poor weather days, the sign would automatically adjust to the ambient light level.
(10) Each digital 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.
(11) No digital 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.
(12) Walls or screens at the base of the digital billboard shall not create a hazard to public safety or provide an attractive nuisance.
(13) No digital billboard shall emit audible sound, odor or particulate matter.
(14) No digital 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.”
(15) No digital 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.
(K) 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.
(Ord. 1036, passed 11-20-12; Am. Ord. 1092, passed 5-24-17)