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HomeMy WebLinkAboutOrdinance 255 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 255 adopted by the Atascadero City Council at a regular meeting thereof held on September 22, 1992 and that it has been duly published pursuant to State Law. DA TED. LEE OIN City Clerk City of Atascadero, California ORDINANCE NO. 255 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO REPEALING SECTION 9-4.130 THROUGH SECTION 9-4.136 AND SECTION 9-7.109 OF TITLE 9 AND ADDING CHAPTER 15 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE REGARDING SIGNS (Zone Change 92-006) The City Council of the City of Atascadero does hereby ordain as follows: Section 1. Section 9-4. 130 through Section 9-4. 136 and Section 9-7. 109 of the Zoning Ordinance (Title 9 of the Atascadero Municipal Code) are hereby repealed. Section 2. Chapter 15 is hereby added to Title 9 of the Atascadero Municipal Code to read as follows: Chapter 15. SIGN ORDINANCE 9-15. 001 Title and Intent. This Chapter shall be known and cited as the Sign Ordinance of the City of Atascadero. This Chapter is based on the City' s responsibility to protect the general public's health, safety and welfare. The spirit of this Chapter is based on the City' s desire to protect the economy and aesthetics of the community. The purpose of this Chapter is to establish sign regulations that are intended to: (a) Maintain and improve the aesthetic environment and overall community appearance to foster the City' s ability to attract sources of economic development and growth. (b) Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs. (c) Implement quality sign design standards that are consistent with the City's General Plan, Zoning Ordinance and Appearance Review Guidelines. (d) Enable fair and consistent enforcement of these sign regulations. (e) Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image. ORDINANCE NO. 255 9-15.002. Definitions. (a) Sian: Any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premise, product, service, person, organization, business or event, not including such devices visible only from within a building. (b) Sign Area: The smallest area within which a single sign face can be enclosed. (c) Sign Copy: The information content of a sign, including text, illustrations, logos, and trademarks. (d) Sian, Directory: A sign identifying the location of occupants of a building or group of buildings which are divided into rooms or suites used as separate offices, studios or shops. (e) Sign, Exterior-Illuminated Any sign, any part of which is illuminated from an exterior artificial light source mounted on the sign, another structure, or the ground. (f) Sian Face: The visible portions of a sign including all characters and symbols, but excluding structural elements not an integral part of the display. (g) Sign, Freestanding: A sign not attached to any building and having its own support structure. (h) Sian, Freeway Identification: An on-site sign permitted for a highway-oriented use. (i) Sian Height: The vertical distance from average adjacent ground level to the top of the sign including the support structure and any design elements. (j ) Sign, Identification: Any sign identifying an occupant, apartment, residence, school, or church, and not advertising any product or service. (k) Sian, Interior-Illuminated: A sign with any portion of the sign face or outline illuminated by a light source on the interior of the sign. (1) Sign, Monument: A self-supported sign with its base on the ground. 2 ORDINANCE NO. 255 (m) Sign, Non-Illuminated: A sign illuminated only incidentally by ambient light conditions. (n) Sign, Off-Premise: A sign directing attention to a business, service, product, or entertainment not sold or offered on the premises on which the sign is located. (o) Sign, Political: A sign drawing attention to, or communicating a position on, any issue, candidate, or measure in any national, state, or local election. (p) Sign, Price: A sign, as may be required by State law, on the premises of a gasoline service station, identifying the cost and type or grade of motor fuel only. (q) Sign, Roof: Any sign located on, or attached to, the roof of a building. (r) Sign, Suspended: A sign attached to and located below any permanent eve, roof, or canopy. (s) Sian, Temporary: A sign used not more than 20 days. (t) Sign, Wall: A single-face sign painted on or attached to a building or wall, no part of which extends out from or above a wall more six inches. (u) Sign, Window: a sign displayed within a building or attached to a window but visible through a window or similar opening for the primary purpose of exterior visibility. 9-15.003. Applicability. (a) General: 1. The provisions of this Chapter are applicable to all signs constructed or altered after the effective date of this Chapter. 2. Nonconforming signs shall be revised to conform to the provisions of this Chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. 3. All signs that are not specifically exempted from this Chapter are subject to the Appearance Review Guidelines and an approved sign permit. 3 ORDINANCE NO. 255 4. Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires Appearance Review by the Planning Division. 5. The sign design standards herein are intended to be the maximum standards allowable without an Administrative Use Permit or Conditional Use Permit. (b) Permits Required: 1. No sign shall be constructed, displayed or altered without an approved sign permit. 2. The application requirements, processing, review and approval for a sign permit shall be as set for in Section 9-15.009 of this Chapter. 3. When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9-15.009 of this Chapter, and any other information determined to be necessary for Planning Division review. (c) Exempt Signs: 1. Agricultural Signs: Unlighted, with an aggregate area of thirty-two (32) square feet. One ( 1) sign per street frontage. 2. Construction Signs: With an aggregate area of forty (40) square feet, not exceeding 8 feet in height. One (1) sign per street frontage. 3. Directory Signs: Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. 4. Holiday Signs: Holiday and special event decorations, for a single holiday, may be in place up to sixty (60) days. 5. Real Estate Signs: Located on a lot for sale, lease or rent. Aggregate area up to six (6) square feet. Sign must be removed 14 days after sale or transaction has occurred. One ( 1) sign per street frontage. 6 Hazard Signs: As long as a hazard exists 4 ORDINANCE NO. 255 7. Residential Identification Signs: For names of occupants and home occupations, with an aggregate area of four (4) square feet. Apartment, condominium projects with five (5) or more units, and subdivisions may have an aggregate sign area up to ten ( 10) square feet. 8. Window Identification Signs: With an aggregate area not exceeding four (4) square feet, at public entrances for business address, hours and days of operation, open or closed signs, credit card and emergency information. 9. Official Government Flags: Signs, flags and notices. 10. Political Signs: With an aggregate area of thirty two (32) square feet. Political signs may be installed up to sixty (60) days preceding an election, and must be removed seven (7) days following an election. 11. Window Lettering: Limited to lettering and graphics with and aggregate area not to exceed 50% of the window area. 12. Landscaped Signs: Consistent with Section 9-4. 127. 13. Safety and Directional Signs: With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale and shall not display any logo, product name, establishment, service or any other advertising. 14. Banner or Temporary Signs: Constructed from non-permanent material, (e.g. paper, canvas, vinyl, etc. ) for a temporary event. Each business may have one ( 1) banner sign per public street frontage, with an aggregate area of forty (40) square feet. Temporary signs may be in place for a maximum of twenty (20) days. Temporary signs may not be put up more then once every sixty (60) days. Temporary events for the purposes of this section include grand openings, public events, sidewalk and parking lot sales, and new product and services available. (d) Prohibited Signs: 1. Off-Premises Signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards. 2. Abandoned Signs advertise or identify a business for which no bona fide owner, lessor, service, or activity exists and/or are signs which are 50% or more deteriorated, damaged or 5 ORDINANCE NO. 255 destroyed and not brought into conformance with the provisions of this Chapter. 3. Confusing Signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. 4. Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other similar sign, except electronic message boards displaying time or temperature. 5. Roof Signs. 6. Snipe Signs advertising temporary events such as garage sales, rummage sales, moving sales, car washes or any other sign attached to a tree, utility pole, fence post, etc. 7. Changeable copy signs, except as allowed by an Administrative Use Permit for movie theaters, arenas, stadiums, or auto malls, or as approved by the Planning Commission for City owned and maintained public information signs. 8. Vehicle Signs Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign. 9. Portable Signs not permanently affixed to the ground or a building, and that are not otherwise allowed in this Chapter. 10. Inflatable Signs. 9-15.004. Sign Design Standards. (a) Sign Faces Counted: Where a sign has two (2) faces containing sign copy, which are oriented back to back and separated by not more than twenty-four (24) inches at any point, the area of the sign shall be measured using one sign face only. (b) Wall Mounted Letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area within which all letters and words can be enclosed. (c) Three-Dimensional Signs: Where a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statue-type trademarks, the sign 6 ORDINANCE NO. 255 area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. (d) Sian Materials and Design: Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on-site and adjacent properties. (See Appearance Review Guidelines) (e) Sign Messages: Sign messages shall be limited to the identification of the business or the type of activity conducted on the premises. Sign messages shall use a minimum of graphics, letters, numbers etc. , to convey the business at the subject location. (f) Sign Programs: A master sign program must be provided for locations with three (3) or more tenants or businesses. (g) Franchise and Logo Signs: Businesses that are part of a franchise or corporation may not exceed the maximum sign area allowed in their zone including franchise or logo signs. (h) Monument Signs: All monument signs must have either landscaping or decorative hardscaping at their base to soften the appearance and incorporate the signs into their surroundings. 9-15.005. Allowed Signs. (a) Commercial and Industrial Zones: The aggregate sign square footage allowed per site is 125 square feet. This sign square footage may be divided by using more than one type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: 1. Wall Sian: One (1) wall sign per building face with public street frontage (except streets adjacent to a residential zone) per business (up to two (2) businesses at the same location) . Maximum size for wall signs may not exceed one ( 1) square foot per lineal foot of business frontage or forty (40) square feet, whichever is less. 2. Monument Sian: One (1) monument sign"per 200 lineal feet of public street frontage per site (except streets adjacent to a residential zone) . Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten- 7 ORDINANCE NO. 255 ( 10) feet from the natural grade. 3. Suspended Sign: One ( 1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign Code. 4. Projecting Sign: One (1) projecting sign with an aggregate area not to exceed fifteen ( 15) square feet. Minimum ground clearance must be eight (8) feet, or as regulated by the Uniform Sign Code. Projecting signs may not be closer than five (5) feet to a public right-of-way. 5. Tenant Sign: Centers with three (3) or more tenants may have one ( 1) tenant wall sign per business street frontage (except streets adjacent to a residential zone) . The aggregate area of tenant signs are not to exceed one (1) square foot per lineal foot of business frontage, or twenty (20) square feet, whichever is less per tenant. Centers may have one ( 1) center identification monument sign per 200 lineal feet of street frontage, with a maximum sign area of sixty (60) square feet.. Major tenants (10,000 square feet or more) may have 150% more wall sign area. 6. Freeway Signs: In addition to the signs allowed above, sites located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through Administrative Use Permit, approval to use a freeway oriented sign as provided below: a. Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway oriented sign with an area not to exceed one ( 1) square foot of sign area per lineal foot of freeway oriented building frontage up to 150 square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9-15.006(c) ) . b. Where the principal use is a planned shopping, office or industrial complex with five or more tenants, a building mounted freeway oriented sign, which states the name of the center or the principal tenant(s) , may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet per principal tenant, whichever is less. 8 ORDINANCE NO. 255 C. Where the building area of a single tenant building exceeds 10,000 square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one ( 1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. (b) Downtown Zones 1 - 4: The following signs are allowed in Downtown Zones 1 through 4. Each business shall be allowed one ( 1) square foot of sign area per lineal foot of street or alley frontage. Such allowance for signage shall not be utilized on a building face other than the qualifying building face. A minimum of twenty (20) square feet of signage shall be allowed for each building face with street or alley frontage. No building face shall contain more than fifty (50) square feet of signage. I. Awnings which meet the following standards are allowed in lieu of wall mounted signs. a. Awnings may project five (5) feet into the public right- of-way and must maintain a vertical clearance of eight (8) feet, except for the valance which must maintain a vertical clearance of no less than seven (7) feet. Poles and/or supports for the awning may not be placed in the public right- of-way. An encroachment permit shall be obtained for any awning located over a public right-of-way. b. Awning canopies and valances shall be constructed of suitable fabric. Translucent valances and logo panels may be constructed of other suitable materials. c. Awning canopies shall be a dark forest green color. All sign copy shall also be a dark forest green color. The valance and any logo panel on the canopy shall be cream colored. Other awning and/or lettering colors may be approved by Administrative Use Permit. d. The business name and address may be located on the awning valance only. Letters, numbers, and logos located on the valance shall not exceed eighteen ( 18) inches in height (the address shall not be counted in the computation of sign area) . A business logo may be located on a cream colored panel on the awning canopy. A business logo so located will be counted in the computation of total sign area. e. Awning canopies shall not extend above the roof line or 9 ORDINANCE NO. 255 second floor level of a building. Buildings with more than one floor may have awnings for windows on each floor. Awnings shall not cover significant architectural features of the building. f. Awning canopies shall be designed with good scale and proportion, and correspond to the individual architecture of each building. g. Interior illumination of the awnings with incandescent lighting is encouraged. 2. Wall signs may be approved by Administrative Use Permit (see Section 9-1.112) where the installation of an awning is not practical or feasible due to location, visibility, or architectural features of the building. Wall mounted signs shall meet the following standards: a. Wall signs shall be located below the top of the parapet on single-story buildings and below the floor sill on multi- story buildings. b. Wall signs shall: (1) be painted directly on the wall; (2) consist of individual letters; or (3) consist of a sign panel attached to the wall. Internally illuminated "box" signs are not allowed. c. Only one (1) wall sign per building face with frontage on a public street or alley is allowed. In a multi-tenant building, each tenant may be allowed a wall sign of a size determined by the pro rata share of the each tenant's street frontage. 3. Projecting signs which do not exceed nine (9) square feet in area per side are allowed. Such signs may extend no more than three (3) feet into the public right-of-way, must maintain a vertical clearance of eight (8) feet, and must not extend above the top of the parapet on single-story buildings or above the floor sill on multi-story buildings. Only one ( 1) projecting sign per tenant per building face with frontage on a street or alley is allowed. Both sides of the projecting sign(s) are to be counted in the computation of allowable total sign area. 4. Cloth pendants containing the business name or logo are allowed as an alternate form of projecting sign and may be used in multiples. The size and height standards specified 10 ORDINANCE NO. 255 for projecting signs shall apply to pendants. Cloth or paper signs are not allowed as wall signs. 5. Window graphics which are painted or appliqued directly on a window and which identify services, products, store hours, address, business name and/or logo are allowed. The area of window graphics shall not be counted in the calculation of sign area, but shall not exceed twenty percent (20%) of a store's total window area per building face. 6. External, incandescent lighting of permitted signs is allowed. Such lighting must conform with the requirements of Section 9- 4. 137 of this part. Neon signs and signs consisting of individual letters may utilize internal lighting. (c) Public and Recreation Zones: The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed 100 square feet. 1. Wall Sian: One ( 1) wall sign for each public street frontage for business or tenants with a sign area maximum of 10% of the building face or up to a maximum of forty (40) square feet, whichever is less. 2. Suspended Sign: One (1) suspended sign for each public street frontage, with a maximum area of ten ( 10) square feet for each business or tenant. 3. Monument Sian: One (1) monument sign for each business per 300 lineal feet of public street frontage. Monument signs may have a maximum sign area of forty (40) square feet, and a maximum height of five (5) feet from the natural grade. (d) All Zoning Districts: The following signs may be allowed, either by Conditional Use Permit or Administrative Use Permit, as specified, in all zoning districts. 1. Community Identification Sign: Community Identification signs may be allowed, by Conditional Use Permit, on arterial streets entering the City with a maximum area of eighty (80) square feet and a maximum height of twelve ( 12) feet. Such signs may include the name of the City, names of civic or religious organizations, and names and locations of City facilities. 11 ORDINANCE NO. 255 Such signs shall not contain the names of businesses of commercial products. 2. Information Kiosks: Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through Administrative Use Permit. 3. Changeable Copy Sign: Approval of the size, location, purpose, design, and content of changeable copy signs shall be by Conditional Use Permit or Administrative Use Permit as provided in Section 9-15.003(d)7. 9-15.006. Exceptions to Sign Standards: The sign area or other limitations of this Chapter may be modified, increased or decreased through approval of an Administrative Use Permit. In reviewing an Administrative Use Permit, the following criteria shall be considered: (a) The need for such signing is based on the purposes set forth in Section 9-15.001; and (b) The opportunity to combine signs for more than one use on a single sign structure has been considered; and (c) For freeway oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and (d) Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several Elements, and the Appearance Review Guidelines. 9-15.007. Sign Construction Standards: (a) Illumination: Signs shall be indirectly lighted by continuous, stationary, shielded light sources, directed solely at the sign, or internal to it. All light sources for signs are to be shielded so as not to be directly visible from off-site. (b) Code Standards: All signs established in this City must 12 ORDINANCE NO. 255 comply with all current the Uniform Building Code, Uniform Electrical Code, and Uniform Sign Code for anchoring, foundations, windloads, illumination, and design standards. Awning signs and projecting signs require structural plans to be done by a licensed architect or civil engineer. 9-15.008. Sign Maintenance: All signs established in this City are subject to this code regarding safety, maintenance, and repair. All signs are to be properly maintained in a safe and legible condition at all times. Any sign that is 50% or more damaged or deteriorated, must be repaired and brought into conformance with this code or removed. Any sign not repaired and brought into conformance with this Chapter will be presumed to be abandoned as defined in Section 9-15.003(d)2. 9-15.009. Sian Permit Application Package: (a) Permit Requirements: Applications for a sign permit for the establishment, alteration or relocation of a sign shall be made to the City, and shall include the following items for processing: 1. Sian Application Form: Include the name and business address of the applicant and/or property owner and name and address of agent if applicable, assessor parcel number, legal description, type and number of sign(s) , applicant and property owners signature and agent's signature. 2. Site Plan: Show location of all existing structures on site. Show location of proposed sign(s) . Note distance of monument signs to structures and public right-of-way, if applicable. Show any grading required for monument signs. 3. Elevations: Provide drawings of all building elevations, specifying all dimensions of signs, including lettering, length, height, width and depth of projecting letters if applicable. Provide building elevations showing location of existing and proposed signs on walls, including dimensions to building structural features such as roof, windows, doors and finished grade. If monument sign, show plan and side views of proposed sign. Also provide all structural support elevations and details. 4. Colors and Materials Board: Provide samples of proposed 13 ORDINANCE NO. 255 colors and materials for signs. If a master sign program is required, provide colored drawings for proposed signs on building wall elevations. Include manufacturer's color and materials names. 5. Structural Calculations: When applicable, provide all structural calculations by a licensed architect or civil engineer. 9-15.010. Non-Conforming Signs: The use of a nonconforming sign may continue as follows: 1. Free-Standing and Attached Signs: A nonconforming sign shall not be: a. Increased in area; b. Moved from its location on the effective date of this Title unless required by law or pursuant to this Title; C. Be provided with increased or intensified lighting; d. Changed to an advertisement for a business not occupying the premises or a product not sold on the premises. 2. Sign Copy: The advertising copy on a nonconforming sign may be changed, except as provided by Subsections 1, 3, and 4 of this Section. 3. Discontinued Use: If the use of a building or land associated with a nonconforming sign is discontinued for a period of three (3) months or more, any signing except for an off premise sign shall thereafter conform to the provisions of the Chapter. 4. Public Nuisances: Any nonconforming sign which is found to present a danger to the public or becomes abandoned due to disrepair or lack of proper maintenance may be declared a public nuisance and abated as set forth in Chapter 9-8 (Enforcement) . 5. Destroyed Sign: If a nonconforming sign is destroyed to the extent of 50% or more of its replacement cost prior to its destruction by fire, explosion or act of God, it may be restored only if it is brought into full conformance with the provisions of this Chapter. If the sign is damaged to the 14 ORDINANCE NO. 255 extent of less than 50% of its replacement cost, it may be restored to its former nonconforming status. 9-15.011. Code Enforcement: The provisions of this Chapter shall be enforced pursuant to Section 9-8. 101 et seq. of Title 9. Section 3. Environmental Review. The Council finds that adoption of Chapter 15 of Title 9 will not have a significant adverse impact on the environment. The Negative Declaration prepared for the project is adequate. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Cuncilperson Kudlac and seconded by Councilperson Luna, the foregoing Ordinance is approved by the following role call vote: AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo NOES: None ABSENT: None 15 ORDINANCE NO. 255 DATE ADOPTED: September 22, 1992 CITY OF ATASCADERO, CALIFORNIA By: Pa—w-:tt, ROBERT P. NIMMO, Mayor ATT S y LE OTN: ^'ty Clerk APPROVED AS TO FORM: —�rt %� I Acozlzv,-� ART MON ANDD , Cit Attorney PREPARED BY: HER ENG , Commu Ty Development Director 16