HomeMy WebLinkAboutOrdinance #4047 ORDINANCE NO. 4 0 4 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADOPTING ZONING TEXT AMENDMENT NO. 15-001 AND AMENDING CHAPTER 233
OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATED
TO SIGNS
WHEREAS, Pursuant to California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 15-001,which amends Chapter
233 of the Huntington Beach Zoning and Subdivision Ordinance related to signs; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council has determined that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That Zoning Text Amendment No. 15-001, amending Chapter 233 of the
Huntington Beach Zoning and Subdivision Ordinance related to signs as more fully set forth
herein, is hereby adopted and approved.
SECTION 2. That Section 233.08 of the Huntington Beach Zoning and Subdivision
Ordinance, entitled "Exempt Signs" is hereby amended to read as follows:
233.08 Exempt Signs
The following signs are exempt from the sign permit requirements of Section 233.04. These
signs shall not be restricted by content and no fee, permit or application is required:
A. Cornerstones (including names of buildings and dates of erection), and citations that
are made an integral part of the structure.
B. Signs not exceeding 0.5 square feet each posted by commercial establishments.
C. Flags posted by any governmental agency.
D. Signs posted by neighborhood safety organizations.
E. Notices posted by a utility or other quasi-public agent in the performance of a public
duty.
F. Signs or notices posted by any court, public body or officer.
G. Signs posted by property owners on private property, as required by law (including no
trespass and legal notices).
H. One sign, not over six square feet in area, may be posted at each door, loading dock, or
other entrance facing a public street.
I. One double-faced sign per each commercial parking entrance, not exceeding two
square feet in area and four feet in height.
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Ord . 4047
J. Signs erected by a public agency.
K. Signs manufactured as a standard, integral part of a mass-produced product accessory
or display structure including telephone booths, vending machines, automated teller
machines, and gasoline pumps.
L. Signs within a building not visible from a public street and window signs not
exceeding 20% of the visible area of a window (50% during December). No window sign
shall be displayed above the second story.
M. Signs required by the Americans with Disabilities Act (ADA).
N. Two signs (including, but not limited to, street numerals and"no solicitation" notices),
not exceeding two square feet each, placed on any part of a building facing a public street.
O. Temporary Signs. Temporary signs are permitted on private property where the
property owner has granted permission for its display. Temporary signs are permitted in
public rights-of-way, but not permitted in street medians or dividers, or affixed to trees,
shrubs or other landscape materials. This signage shall not be restricted by content and shall
be permitted as follows:
SITE TYPE MAX. MAX. MAX. OTHER STANDARDS
CRITERIA NUMBER SIGN SIGN
AREA HEIGHT
Non- F/S or N/A 8 sq. ft. 1. Cannot create traffic or
commercial Wall; total In all zones, safety hazards; cannot
signs on private no roof combined 42 inches encroach in the
property in all signs of all signs within front visibility triangular
zones on a setback areas described in
property areas; 6 ft. Section 230.88.
in other 2. In Commercial and
areas Industrial Zones, F/S
non-commercial signs
are allowed only in
landscaped areas and
landscaped planters.
Non- F/S or N/A N/A N/A 1. Cannot create traffic or
commercial Wall safety hazards.
signs in public 2. Non.-commercial signs
rights-of-way in public rights-of-way
may be posted no
sooner than 50 days
before an Election Day
and must be taken down
no later than 10 days
following the Election
Day. Non-commercial
signs in public rights-of-
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Ord . No . 4047
way may be removed by
anyone beginning the
Friday after Election
Day.
Real Estate
Signs
Residential F/S or One per 8 sq. ft. 6 ft. 1. Cannot create traffic or
Wall site safety hazards.
2. Maybe erected no
earlier than the date the
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement.
3. No sign may be
attached to the
perimeter walls of
residential communities.
Commercial F/S or 1 per site 20 sq. ft. 10 ft. 1. Cannot create traffic or
Office Wall 12 ft. safety hazards.
District 2. Maybe erected no
earlier than the date the
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement.
Commercial F/S or 1 per site 30 sq. ft. 12 ft. 1. Cannot create traffic or
Industrial Wall safety hazards.
2. Maybe erected no
earlier than the date the
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Ord . No . 4047
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement.
All Other F/S or 1 per site 20 sq. ft. 10 ft. 1. Cannot create traffic or
Districts Wall safety hazards.
2. Maybe erected no
earlier than the date the
property is placed on
the market for sale,
lease or rental, and is
removed immediately
after the sale, lease, or
rental of the property
which is defined as the
close of escrow or
execution of lease or
rental agreement.
3. Signs shall not be
attached to the
perimeter walls of
residential communities.
Construction F/S or 1 per site 32 sq. ft. None Is erected no earlier than
Signs Wall the date a building permit
is issued for the property,
and is removed prior to
issuance of a certificate of
occupancy or final
inspection, whichever
comes first.
Open Douse
Signs
F/S or 1 per site 6 sq. ft. 4 ft. 1. Sign must be displayed
Wall adjacent to the entrance
of a property or in the
case of a residential
subdivision at the
immediate points of
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Ord . No . 4047
access to the property
from an arterial, and is
removed by sunset on
any day it is erected.
2. Placement shall not be
in street medians,
dividers, on street signs,
traffic control devices
and shall not obstruct
the public right-of-way.
Flags 3 per site 2.5 sq. ft. 6 ft. Must be displayed at the
immediate points of access
to a property or, in the
case of a residential
subdivision, from the
immediate point of access
from an arterial.
Pennants 30 sq. ft. 1. Must be placed on light
standards located on
private property.
2. Must have an 8-foot
clearance from the
ground.
3. Must be removed
within 5 business days
of the completion of the
City-sponsored event or
theme.
(3334-6/97, 3360-12/97, 3826-4/09, 3872-3/10, 3881-8/10, 3927-1/12)
SECTION 3. That Section 233.10 of the Huntington Beach Zoning and Subdivision
Ordinance, entitled "Prohibited Signs" is hereby amended to read as follows:
233.10 Prohibited Signs
A. Canvas signs, banners, pennants, streamers, balloons or other temporary signs except
as provided in Sections 233.08 (Exempt Signs), 233.16 (Subdivision Directional Signs) or
233.18 (Promotional Activity Signs).
B. Mobile, A-frame, and portable signs and those of a similar nature which are not
permanently attached to the ground or building except as provided in Section 233.18 or
233.20.
C. Roof signs except those permitted under Section 233.18(D).
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D. Signs which resemble any official marker erected by the City, state, or any
governmental agency, or which, by reason of position, shape, color or illumination would
conflict with the proper functioning of any traffic sign or signal or would be a hazard to
vehicular or pedestrian traffic.
E. Signs which produce odor, sound, smoke, fire or other such emissions.
F. Flashing, moving, pulsating, or intermittently lighted signs, mechanical movement
signs, including searchlights, except electronic readerboards and public service signs such
as those for time and temperature.
G. Animals or human beings, live or simulated, utilized as signs.
H. Projecting signs, except canopy or awning signs and under-canopy signs, subject to
subsections 233.06(A) and 233.06(E).
I. Signs which constitute a nuisance or hazard due to their intensity of light.
J. Signs visible from and within 100 feet of an R district which are illuminated between
the hours of 10:00 p.m. and 7:00 a.m. unless they identify an establishment open for
business during those hours.
K. Off-premises signs, including billboards or advertising structures installed for the
purpose of advertising a project, subject or business unrelated to the premises upon which
the sign is located, except as permitted pursuant to Sections 233.14 (Readerboard Signs—
Multiple Users) and 233.16 (Subdivision Directional Signs).
L. Abandoned signs and signs which no longer identify a bona fide business conducted
on the premises. Such signs shall be removed by the property owner within 60 days of the
business's closing date. The sign panel may be turned over (blank side out) if the sign
complies with code.
M. Signs located on public property, including signs affixed to utility poles, trees or
projecting onto the public right-of-way, except otherwise exempt temporary signs pursuant
to Section 233.08(0) and those required by law. This section shall not prohibit the
placement of advertising panels on public service items including, but not limited to, trash
receptacles, bicycle racks, bus benches, transit shelters, and telephone booths, within public
rights-of-way or in publicly-operated beaches or parks provided such items are placed in
accord with an agreement granted by the City Council, and for such signs proposed in the
coastal zone, subject to approval of a coastal development permit unless otherwise exempt.
N. Vehicle signs, signs affixed to automobiles, trucks, trailers or other vehicles on public
or private property for the purpose of advertising, identifying or providing direction to a use
or activity not related to the lawful use of the vehicle for delivering merchandise or
rendering service. Any such vehicle signs which have as their primary purpose to serve as a
non-moving or moving display are prohibited.
O. Within the coastal zone, signs that limit or prohibit public access to public coastal
areas, public accessways and/or to public parks except, subject to approval of a coastal
development permit, when necessary for public safety, no other feasible alternative exists,
the signs are consistent with all other applicable local coastal program requirements, and are
subject to a requirement that the signs shall be removed as soon as the public safety issue is
resolved.
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Ord . No . 4047
P. Within the coastal zone, signs that adversely affect scenic and visual qualities of
coastal areas and public parks shall be prohibited except, subject to approval of a coastal
development permit, when necessary for public safety, no other feasible alternative exists,
the signs are consistent with all other applicable local coastal program requirements, and are
subject to a requirement that the signs shall be removed as soon as the safety issue is
resolved. (3334-6/97, 3360-12/97, 3826-4/09, 3881-8/10, 3981-8/13)
SECTION 4. That Section 233.28 of the Huntington Beach Zoning and Subdivision
Ordinance, entitled "Definitions" is hereby amended to read as follows:
233.28 Definitions
The following definitions shall apply to the provisions in this chapter. General definitions are
contained in Chapter 203.
Abandoned Sign. A sign which no longer directs, advertises or identifies a legal business
establishment, product or activity on the premises where such sign is displayed.
Alteration. Any change of copy, sign face, color, size, shape, illumination, position,
location, construction, or supporting structure of any sign.
Animated Sign. Any sign which is designed to give a message through a sequence of
progressive changes of parts or lights or degree of lighting.
Area of Sign.
1. The area included within the outer dimensions of a sign (excluding structural
supports).
2. For freestanding signs, sign area shall be calculated on one face of the sign,
provided a sign face on a double-sided sign is not separated from the opposite side of
the sign by more than 12 inches at any point.
3. For illuminated awning or canopy signs, sign area shall be calculated around the
sign copy only.
4. For signs without a border or frame (channel or skeleton letters), the area shall be
within a rectangle or eight continuous straight lines (with right angles) formed around
the extreme outer limits of the sign message, including all figures and any background
or color which is an integral part of the sign.
SIGN AREA SIGN
AREA
Awning. A shelter supported entirely from the exterior wall of a building and composed of
non-rigid materials except for the supporting framework.
Awning Sign. A sign painted on, printed on, or attached flat against the surface of an
awning.
Banner Sign. A temporary sign composed of fabric or flexible material with no enclosing
frame.
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Ord . No . 4047
Bonus Sign. An internally illuminated freestanding sign designed with opaque sign
faces/panels, and illumination for items of information only.
Building Frontage. The linear extent of a building or business which has frontage on either
a street or parking area. Only one side of the building facing the street or parking area shall
be used to determine the maximum sign area.
Business Identification Sign. A sign which serves to identify only the name and address of
the premises, business, building or portion of building upon which it is located and includes
no other advertising such as product lists, phone numbers and hours of operation. Logos
may also be permitted.
Canopy. A permanent roof-like structure which extends along and projects beyond the wall
of a building, or is freestanding as common in service stations, and is generally designed
and constructed to provide protection from the weather.
Changeable Copy Sign. A sign or portion thereof with characters, letters or illustrations
that can be changed manually or electrically without altering the face or surface of the sign.
Channel Letters. Individual letters or figures, illuminated or non-illuminated, affixed to a
building or freestanding sign structure.
Construction Sign. A temporary sign identifying the persons, firms or businesses directly
connected with a construction or development project and may include the name of the
future site occupant.
Directional Sign. An on-premises incidental sign designed to guide or direct pedestrian or
vehicular traffic.
Electronic Readerboard. A changeable message sign consisting of a matrix of lamps
which are computer controlled.
Exposed Neon. Neon tubing used for lighting in signs and other building identification such
as raceways and accent lighting.
Exposed Raceway. Visible tube or box behind a wall sign used to house electrical wiring
for the wall sign.
Flashing Sign. An illuminated sign which contains an intermittent or sequential flashing
light source or any other such means to attract attention. This definition is not intended to
include "changeable copy signs" or"animated signs."
Freestanding Sign. A sign permanently attached to the ground and which does not have a
building as its primary structural support. This includes ground signs, pole signs and
monument signs.
Grand Opening. A promotional activity not exceeding 90 calendar days used by newly
established businesses to inform the public of their location and services.
Ground Sign. See Freestanding Sign.
Illegal Sign. A sign which was erected without obtaining a permit as required by this
chapter, that does not meet the requirements of the ordinance codified in this title, or has not
received legal nonconforming status.
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Ord . No . 4047
Incidental Sign. A small sign pertaining to goods, products, services or facilities which are
available on the premises where the sign occurs and intended primarily for the convenience
of the public.
Indirect Illumination. A light cast on the surface of a sign from an exterior source.
Industrial Center. Any site containing three or more industrial activities.
Integrated Development. A development or site comprised of one or more parcels served
by common accessways, driveways, parking and landscaping.
Interior Illumination. Any sign face which is artificially lit from the inside.
Item of Information. Each word, design, symbol, or figure.
Limited Sign Permit. A permit approved by the director that permits a temporary sign used
to advertise a short-term special activity or sale, i.e., grand opening, under new ownership,
fall sale, etc., and maintenance or modification to the face or copy of a nonconforming sign
to extend a use of the sign for a time period deemed appropriate by the director, but not to
exceed two years.
Logo. A trademark or company name symbol.
Mansard. A sloped roof or roof-like facade.
Marquee. See Canopy.
Monument Sign. A freestanding sign with a solid base.
Moving Sign. Any sign or device which has any visible moving part, visible revolving part,
or visible mechanical movement.
Name Plate Sign. An attached sign which designates the names and/or address of a
business, and/or the words "entrance" or"exit."
Non-commercial Sign. A sign that does not have a message that is commercial in nature,
such as, but not limited to, signs that are political in nature, social issues,religious
messages, beliefs, candidates, or other non-commercial content. Non-commercial signs do
not include:
a. Signs that promote the sale, lease or exchange of goods, services, or property.
b. Signs that identify or attract attention to any place which sells, leases, or exchanges
goods, services or property.
c. Signs that identify or attract attention to any club, nonprofit facility, governmental
office or facility, or other such place where a person, group of persons, or organization is
engaged in any activity involving interaction with the general public or a significant portion
thereof, whether for income purposes or not.
"Non-commercial Sign" does not include Directional Signs or Construction Signs as
defined in this Section. Nonconforming Sign. A sign which was erected legally but does
not comply with provisions of the current sign ordinance.
Off--Site Sign. Any sign which advertises goods, products, services or facilities not sold,
produced, manufactured or furnished on the premises on which the sign is located. These
signs are also known as outdoor advertising, billboards, and poster panels.
On-Site Sign. A sign which pertains to the use(s) of the site on which it is located.
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Ord . No . 4047
Open Rouse Sign. A sign which identifies a building for sale or lease which is open and
available for inspection.
Planned Sign Program. A required component for certain sign permits that incorporates
coordinated and quality sign design elements and is reviewed and approved by the director.
Point of Purchase Display. Advertising of a retail item accompanying its display, e.g., an
advertisement on a product dispenser.
Pole Sign. See Freestanding Sign.
Portable Sign. Any sign not permanently attached to the ground or a building.
Projecting Sign. A sign which is attached to and projects from the wall of the building
more than 18 inches and which has its display surface perpendicular to such wall, to the
structure to which it is attached.
Promotional Activity Sign. A temporary sign used to advertise a short-term special activity
or sale, i.e., grand opening, under new ownership, fall sale, etc.
Public Access Signage. Signage that directs the general public to the coast or sea and/or
public amenities available for general public use.
Public right-of-way shall mean the area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets,
and ways within the City, as they now exist or hereafter will exist.
Public Service Information Sign. Any sign intended primarily to promote items of general
interest to the community such as time, temperature, date, atmospheric conditions, news or
traffic control, etc.
Real Estate Sign. Any temporary sign indicating that the premises on which the sign is
located is for sale, lease or rent.
Roof Sign. An attached sign constructed upon or over a roof, or placed so as to extend
above the visible roofline; or a freestanding sign which is greater in height than the building
it serves to identify.
Rotating Sign. Any sign or portion thereof which physically revolves about an axis.
Sign. Any medium for visual communication, including its structure and component parts,
which is used or intended to be used to attract attention.
Sign Code Exception. A deviation to some of the specifications set forth in this chapter that
is approved by the director.
Sign Copy. Any words, letters, numbers, figures, designs or other symbolic representation
incorporated into a sign for the purpose of attracting attention.
Sign height. Measurement from the adjacent sidewalk or curb to the highest portion of the
sign, including architectural elements.
Site. One or more parcels of land identified by the assessor's records where an integrated
building development has been approved or proposed. The site shall include all parcels of
land contained within or a part of the development application.
Site Frontage. The length of a lot or parcel of land along or fronting a street.
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14-4519i 116956
Ord . No . 4047
Special Events Sign. A temporary sign advertising or pertaining to any civic, patriotic, or
special event of a general public interest taking place within the City.
Subdivision Directional Sign. A sign providing direction to a land development project
pursuant to this chapter.
Supergraphic. A painted design which covers an area greater than 10% of a wall, building
facade, or other structure.
Temporary Sign. A sign which is installed for a limited time and is not constructed or
intended for long-term use.
Temporary Window Sign. A sign painted or constructed of paper or other lightweight
material and affixed to the interior or exterior side of a window or glass area on a building
for a limited time.
Wall Sign. Any sign which is attached or erected on the exterior, posted, or painted or
suspended from or otherwise affixed to a wall of a building including the parapet, with the
display surface of the sign parallel to the building wall, and which does not project more
than 18 inches from the building, or project above the height of the wall or parapet.
Window Sign. A sign in which the name, address, phone number, or hours of operation are
applied directly to the window of a business, or a sign visible through the window from the
street.
TO remain clear
x 143" ied 25'
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DIAGRAM 0-tir4MAmtn�bb",BOO,
1 4-45 1 9/1 1 6956
Ord . No . 4047
{
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; I I
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I
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a 70% Le ehold -Max. Width
DIAGRAM B b 75% Fascia- Max. Height
x Equal Dimensions
Equal Dimensions
(3334-6/97, 3360-12/97, 3826-4/09)
SECTION 5. That Chapter 233 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended by adding new Section 233.30 entitled "Message Substitution" to
read as follows:
233.30 Message Substitution
The owner of any sign which is otherwise allowed by this Chapter may substitute non-
commercial copy in lieu of any other commercial or non-commercial copy. The purpose of this
provision is to prevent any inadvertent favoring of commercial speech over non-commercial
speech, or favoring any particular non-commercial message over any other non-commercial
message.
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Ord . No . 4047
SECTION 6. This ordinance shall become effective thirty days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6 t h day of April
X�Aayo
ATTEST: APPROVED` AS TO FORM:
jt3m,Am®
City C k ,City Attorney
REVIE&ljD APPROVED: INITIA A PROVED:
City a a er Direct r of Planning and Building
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14-4519/1 l 6956
Ord. No. 4047
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on March 16, 2015, and was again read to said City Council at a
Regular meeting thereof held on April 6,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Wave on
April 16,2015.
In accordance with the City Charter of said City
Joan L. Flynn,Cfty Clerk City Cork and ex-officio C k
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California