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HomeMy WebLinkAboutApprove for introduction Ordinance No. 4047 approving Zoning Dept. ID PL 15-003 Page 1 of Meeting Date:3/16/2015 30,11- �5 �� � -o CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve for introduction Ordinance No. 4047 approving Zoning Text Amendment (ZTA) No. 15-001 Amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) regarding signs Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 15-001, a request to amend Chapter 233— Signs of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Financial Impact: Not applicable. Planning Commission and Staff Recommended Action: A) Approve Zoning Text Amendment No. 15-001 with findings for approval (Attachment No. 1); and, B) Approve for introduction Ordinance No. 4047, "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." (Attachment No. 2) Alternative Action(s): The City Council may make the following alternative motion(s): 1. Deny Zoning Text Amendment No. 15-001 with findings for denial. 2. Continue Zoning Text Amendment No. 15-001 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 15-001 represents a request to amend Chapter 233 Signs of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define non-commercial signs, add provisions for permitting non-commercial signs on private property and within public rights-of- way, and delete references to political signs pursuant to Chapter 247 of the HBZSO. ZTA No. 15- HB -453- Item 15. - I Dept. ID PL 15-003 Page 2 of 4 Meeting Date:3/16/2015 001 was initiated by the City Attorney's office to ensure that the City's sign code conforms to recent State and federal court cases related to the posting of signs on private property. The following sections of Chapter 233 are proposed to be amended (ATTACHMENT NO. 2): - Section 233.08 Exempt Signs — deletes references to examples of exempt temporary signs; clarifies regulations pertaining to sign type, location, size, number and other standards for non-commercial signs on private property and within public rights-of-way - Section 233.10 Prohibited Signs — expressly exempts temporary signs within public rights-of-way pursuant to the provisions of Section 233.08 Exempt Signs - Section 233.28 Definitions — defines "non-commercial sign" and "public right-of-way" and deletes the definition of "political sign" - Section 233.30 Message Substitution — new section to ensure that commercial sign copy is not inadvertently favored over non-commercial sign copy. B. PLANNING COMMISSION MEETING: The Planning Commission held a study session on February 10, 2015, to discuss Zoning Text Amendment (ZTA) No. 15-001. On February 24, 2015, the Planning Commission held a public hearing on ZTA No. 15-001. During the public hearing, staff gave an overview of the proposed amendment. The Planning Commission discussed the proposed location and height provisions for signs on private property, removal of non-commercial signs within the public right-of-way and potential for amending other provisions of the sign code. There were no speakers during the public hearing and the Planning Commission voted to recommend that the City Council approve Zoning Text Amendment No. 15-001 based on the findings provided in Attachment No.I. Planning Commission Action dated February 24, 2015: A MOTION WAS MADE BY MANDIC, SECONDED BY CROWE TO APPROVE ZONING TEXT AMENDMENT NO. 15-001 AND FORWARD TO CITY COUNCIL BY THE FOLLOWING VOTE: AYES: MANDIC, CROWE, KALMICK, SEMETA,_HOSKINSON, BRENDEN NOES: PINCHIFF ABSTAIN: NONE ABSENT: NONE (NOTION PASSED C. STAFF ANALYSIS AND RECOMMENDATION: The intent of the proposed Zoning Text Amendment is to ensure the consistent application of regulations for all types of non-commercial signs on private property and within public rights-of-way. As such, specific references to political signs are proposed to be deleted. In addition, a new classification of non-commercial signs, which would include political signs, is proposed to conform to recent cases in the State and federal courts that focus on content neutrality and time restrictions for the posting of signs on private property. Non-commercial signs include sign messages that may be political, religious, social or philosophical in nature as well as any other non-commercial sign content. Non-commercial signs do not include signs that promote the sale, lease or exchange of goods, services or property; signs that identify or attract attention to any place that sells, leases or exchanges goods, services or property; and-signs that identify or attract attention to any club, nonprofit facility, government office or similar place where a person, group or organization engages in activities involving interaction with the general Item 15. - 2 HB -454- Dept. ID PL 15-003 Page 3 of 4 Meeting Date: 3/16/2015 Public. Non-commercial signs also do not include directional or construction signs as those signs are separately defined in the sign code. The standards related to the posting of non-commercial signs within public rights-of-way are limited to duration only and are not proposed to further restrict these signs beyond what the current sign code allows for political signs. There are no restrictions relative to maximum sign area, height, or number of signs. The ordinance would not permit any signs to be affixed to any tree, plant, or shrub by any other foreign object (including wire, nail, rope, etc.) within the public rights-of-way consistent with Section 13.50.180 of the Huntington Beach Municipal Code. Although no new regulations are proposed, the definition of non-commercial signs would allow any type of non- commercial sign within the public right-of-way during the time period permitted by the proposed zoning text amendment (50 days before an election day and 10 days following an election day). The existing language also includes reference that such signs may be removed by anyone beginning the Friday after an Election Day. Staff is not proposing any changes to that language. For non-commercial signs posted on private property, ZTA No. 15-001 proposes to add criteria to address maximum total sign area, maximum height, and sign location. These provisions are recommended in part by the National Sign Code and are also based on current HBZSO provisions for allowing other types of structures on private property within the front yard setback. As proposed, there is no limitation on the duration of posting and the total combined sign area for all non-commercial signage on a parcel is eight (8) square feet. As an example, non-commercial signs could be installed year-round, and there could be four non-commercial signs at two square feet each or two non-commercial signs at four square feet each per property. There is no limit on the number of signs as long as the total combined area of the non-commercial signage does not exceed eight (8) square feet for each property. The height of such signage would be limited to 42 inches in front setback areas and a maximum of six feet in all other areas on the property. Non- commercial signs only in Commercial and Industrial zones would be allowed in landscaped areas only and not on driveways or parking areas. Language has also been added to reference Section 230.88 of the HBZSO to ensure that these signs are not located within visibility clearance areas at driveways and street intersections. A survey of other Orange County cities regulating political signs was conducted for the cities of Fountain Valley, Irvine, Tustin, Westminster, Costa Mesa and Anaheim. The matrix attached to the Planning Commission staff report (Attachment No. 3) compares the City's proposed changes to the current HBZSO provisions as well as the aforementioned cities. Although there is a lot of variation in sign codes amongst the individual cities, the matrix shows that the proposed amendments to Chapter 233 would be within the range of regulations for non-commercial signs on private property and within public rights-of-way adopted by the surrounding cities. In addition, the proposed amendments would not change the zoning or permitted uses for any property within the City. The proposed amendments would also remove ambiguity for regulations applicable to non-commercial signage on private property versus within public rights-of-way and ensure that the City's code would not distinguish political sign messages from other non-commercial sign copy. Staff recommends that the City Council adopt Zoning Text Amendment No. 15-001 because the changes are consistent with the General Plan, ensure consistent application of regulations for all types of non-conforming signs on private property as well as within the public rights-of-way and would bring the City's zoning code into conformance with recent court cases related to the posting of signs on private property. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. 11B -455- Item 15. - 3 Dept.1D PL 15-003 Page 4 of 4 Meeting Date:3/16/2015 Strategic Plan Goal: Improve quality of life Attachment(s): 1. Suggested Findings - ZTA No. 15-001 2. Ordinance No. 4047, "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" 3. Planning Commission Staff Report dated February 24, 2015 4. PowerPoint Presentation Item 15. - 4 HB -4-56- TACHMENT # 1 ATTACHMENT NO.1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 15-001 (Non-Commercial Signs) SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 15-001: 1. Zoning Text Amendment No. 15-001 amends Chapter 233 Signs of the Huntington Beach Zoning and Subdivision Ordinance to define non-commercial signs, add provisions for permitting non- commercial signs on private property and within public rights-of-way, deletes references to political signs and ensures that the City's sign code conforms to recent State and federal court cases related to the posting of signs on private property. ZTA No. 15-001 is consistent with the goals, policies and objectives specified in the General Plan and would ensure the consistent application of regulations for all types of non-commercial signs on private property as well as within public rights-of-way. 2. In the case of the general land use provisions, the amendments proposed are compatible with the uses authorized in, and the standards prescribed for the Zoning districts for which they are proposed. The changes do not affect zoning of any property by altering allowed land use or the development standards thereof. 3. A community need is demonstrated for the proposed amendment to ensure that the City's sign code conforms to recent cases in the State and federal courts that focus on content neutrality and time restrictions for the posting of signs on private property. 4. Adoption of ZTA No. 15-001 will be in conformity with public convenience, general welfare and good zoning practice because the amendments will conform to the General Plan Urban Design Element, State and federal court cases and provide clear standards for implementing provisions for allowing non-commercial signs on private property and within public rights-of-way. 15SR07 ZTA 15-001 Political Signs(2-24-15) HB -457- Attach Item15. - 5 ATTACHMENT #2 ORDINANCE NO. 4047 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. 1 1 4-45 1 9/1 1 6956 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), I ot 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- 2 14-4519/116956 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. May be 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. May be 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. May be erected no earlier than the date the 3 14-4519/116956 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. May be 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 House 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 4 14-4519/116956 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). 5 1 4-45 1 9/1 1 6956 Ord . No . 4047 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. 6 14-4519/116956 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. 7 1 4-45 19/1 1 6956 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. 8 144519/116956 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. 9 14-4519/116956 Ord . No . 4047 Open House 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. 10 144519/116956 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. o remain clear *isli'-i°i�i ♦i i •i i0 tip iii9fili10, \ - i�"iiio°��iia i g oivis s• �ii ilia#aii o s i�iio iie i s ,'*� `�,,\\ �ss♦!i•�o�i•�aa+ a�,�_e_®,�„r�oi„i„oiai•iP �;t \ � 28", CL \ I Min. Driveway O � Wide ;. landscape area CL IL Sign Type Setback Pole 40' x Monument: ;Subject to Director review DIAGRAM A 11 14-4519/116956 Ord . No . 4047 I I 1 I I I i I I I t }/ I SlPI AREA I b I I I I Y I I I I a 70% Lei seh©ld -Max.Width DIAGRAM B b 75% Fascia - Max, Height x Equal Dimensions Equal Dimensions Y Ib R M (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. 12 1 4-45 1 9/1 1 695 6 Urd . No . 4U4 / 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 , ayo ATTEST: APPROVED AS TO FORM: u City Cvlk ,City Attorney REVIE ND APPROVED: INITIA A PROVED: City a a er Direct r of Planning and Building 13 14-4519/116956 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,City Clerk City CUrk and ex-officio C k Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No . 4047 Legislative Draft 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. Sim-is 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. 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. Suns 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 Iimited 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 positions,ideelegieal �on,—,YRaee shalt be permitted as follows: i SrrE CRITERIA TYPE MAX. MAX. MAX.SIGN OTHER STANDARDS NI iMBER SIGN HEIGHT AREA Non-commercial F/S or N/', N''A TT A L Cannot create traffic or safety Formatted:Space After: 0 pt,Line spacing: Elc „ „_ Wall- In all zones hazards:cannot encroach into the I single no roof b -ft 42 inches visibility trianwlar areas described Formatted:Space After: 0 pt,Line spacing: dal signs on signs within front in Section 230.88.- single private property in setback areas= all zones 6 ft-in other area � in land ern -32. In Commercial and industrial Zones.F/S non-commercial signs are allowed only in landscaped areas and landscaped planters. 2 Dvlmeall signs -nc, -_ sooner than 50 days before—a19 G , L� c ¢Tl Non-commercial F;/S or N/A N/A N/A i. Cannot create traffic or safety signs in public Wall hazards rights-of--way 2. Non-commercial signs in public rights-of-way may be posted no sooner than 50 days before an Election Dav and must be taken down no later than 10 days following the Election Day.Non- commercial signs in public rights- of-way main be removed by anvone 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 safety Wail site hazards. 2. May be 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 z' perimeter walls of residential l communities. s x Commercial F/S or 1 per site 20 sq 10 ft. 1. Cannot create traffic or safety F " Office District Wal] ft. hazards. x I2 ft. _. May be erected no earlier than the date thee 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 r escrow or execution of]ease or rentalagreement. Commercial F/S or 1 per site 30 sq. 12 ft. 1. Cannot create traffic or safety ; hazards. Industrial Wall ft. May be 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. All Other F/S or 1 per site 20 sq. 10 ft. 1. Cannot create traffic or safety xs hazards. Districts Wall ft. - w 2. May be erected no earlier than the date the property is placed on the market for sale,lease or rental,and ;ey is removed immediately after the sale,lease,or rental of the property a which is defined as the close of L escrow or execution of lease or rental agreement. _ 3. Signs shall not be attached to the K " perimeter walls of residential I K communities. Construction Signs F/S or 1 per site 32 sq. None Is erected no earlier than the date a ' h- Wall ff building permit is issued for the property,and is removed prior to issuance of a certificate of occupancy or final inspection,whichever comes ' first. r , ,rE Open House Signs �- F/S or 1 per site 6 sq.ft. 4 ft. 1. Sign must be displayed adjacent to the entrance of a property or in the y Wall case of a residential subdivision at _ rw the immediate points of access to ` „r t the property from an arterial,and is removed by sunset on any day it is erected. 2. Placement shall not be in street _ Er medians,dividers,on street signs, traffic control devices and shall not obstruct the public right-of-way. g_ Flags 3 per site 2.5 sq. 6 ft. Must be displayed at the immediate r fr. points of access to a property or;in the case of a residential subdivision,from the immediate point of access from anF + arterial. Pennants 30 sq. 1. Must be placed on light standards fr 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) _ w 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). _h y 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. WKI Rn F. Flashing,moving,pulsating,or intermittently lighted signs,mechanical movement signs,including y ' 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). AzW I. Signs which constitute a nuisance or hazard due to their intensity oflight. J. Signs visible from and within 100 feet of an R district which are illuminated between the hours of 10:00E p.m.and 7:00 a.m.unless they identify an establishment open for business during those hours. s '- -- �s X. .b t, K. Off-premises signs,including billboards or advertising structures installed for the purpose of advertising -a 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 n panel may be turned over(blank side out)if the sign complies with code. T M. Signs located on public property;including signs affixed to utility poles,trees or projecting onto they public right-of-way,except otherwise exempt temporary signs pursuant to Section 233.08(0l p ' eal'signs � 'N 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 x - 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 7 to approval of a coastal development permit unless otherwise exempt. w - 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 g 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 y , a as soon as the public safety issue is resolved. 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 f program requirements,and are subject to a requirement that the signs shall be removed as soon as the safety -- issue is resolved.(3334-6/97,3360-12/97,3826-4/09,3881-8/1073981-8/13) 3 233.28 Definitions - � a K The following definitions shall apply to the provisions in this chapter.General definitions are contained in Chapter 203. F� 3 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. s. = 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 F parts or lights or degree of lighting. Area of Sign. 1. The area included within the outer dimensions of a sign(excluding structural supports). - can � 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. 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." x1ai� l.' :6 h A. Freestanding Sign.A sign permanently attached to the ground and which does not have a building as its r 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 oftheir 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 7,y meet the requirements of the ordinance codified in this title,or has not received legal nonconforming status. Incidental Sign.A small sign pertaining to goods,products;services or facilities which are available on the premises where the sign occurs and intended primarih 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., and opening,under new ownership,fall sale.etc.,and maintenance or " t Fes: P ty � P x�l' ' 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. w Monument Sign.A freestanding sign with a solid base. i Moving Sign.Any sign or device which has any visible moving art,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 ,_- Formatted:Font!Bold 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. : T, w ` a Signs that promote the sale lease or exchange of goods services or property. b Signs that identifi or attract attention to any place which sells leases or exchanges goods services or "a c Signs that identifV 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 pumoses or not "Non-commercial SiUn"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. r s,? 40 s, 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. xa a On-Site Sign.A sign which pertains to the use(s)of the site on which it is located. Open House Sign.A sign which identifies a building for sale or lease which is open and available for x 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. a Point of Purchase Display.Advertising of a retail item accompanying its display,e.g.,an advertisement on a product dispenser. Pole Sign.See Freestanding Sian. 3« 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. x01 "Public right-of-wav"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. a 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 Fi rooflme;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 t-- 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. - i Sign Copy.Any words,letters,numbers,figures,designs or other symbolic representation incorporated into a Y sign for the purpose of attracting attention. � h, _ 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. Special Events Sign.A temporary sign advertisma 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 101/0 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 displav 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 — �-- 1 Q` 0 i 251 I 14�in, Driveway wide +`v landscape area a � Sign Type Setback Pole 4 _,._.� x - DIAGRAM # Monument Subject to Director review R 4. . X - �y i 5t3R7 AREA , : lb i y i a 700/6 Leitsehold-Max.Width DIAGRAMb 711/e Fascia-Max-Height x Equal Dimensions y Equal Dimensions (3334-6/977 3360-12/97,3826-4/09) T� 233.30 Message Substitution + x 34 K The owner of arty sign which is otherwise allowed by this Chapter may substitute non-commercial copy in lieu of am other commercial or non-commercial cope The puroose of this provision is to prevent anNr inadvertent favoring 7 of commercial speech over non-commercial speech o-favoring any articuiar non-commercial message over any other non-commercial message. - ' KIM �� rr 1 s� �y ai s gig'. E w.: M € _ 5 1 S' Y'. s S s,a � ATl'AC FI M E N T #3 City of Huntington Beach Planning and Building Department STAFF PORT HUNTINGTON BEACH TO: Planning Commission FROM: Scott Hess,AICP,Director of Planning and Building BY: Rosemary Medel, Associate Planner DATE: February 24,2015 SUBJECT: ZONING TEXT AMENDMENT NO. 15-001 (AMENDING CHAPTER 233— SIGNS OF THE HBZSO) APPLICANT: City of Huntington Beach,2000 Main Street,Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: o Zoning Text Amendment(ZTA)No. 15-001 request: - To amend Chapter 233 Signs of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define non-commercial signs, add provisions for permitting non-commercial signs on private property and within public rights-of-way and delete references to political signs pursuant to Chapter 247 of the HBZSO. ZTA No. 15-001 was initiated by the City Attorney's office to ensure that the City's sign code conforms to recent State and federal court cases related to the posting of signs on private property. o Staff Recommendation: Approve Zoning Text Amendment No. 15-001 based upon the following: - Consistent with the General Plan goals and policies by ensuring consistent citywide application of the City's sign code for all types of non-commercial signs within public rights-of-way and on private property - Does not alter zoning or change the uses allowed on any property - Conforms to recent State and federal court cases related to the posting of signs on private property RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 15-001 with findings (Attachment No. 1)and forward Draft Ordinance (Attachment No. 2)to the City Council for adoption." ALTERNATIVE ACTION(S); The Planning Commission may take alternative actions such as: A. "Deny Zoning Text Amendment No. 15-001 with findings for denial." B. "Continue Zoning Text Amendment No. 15-001 and direct staff accordingly." #D-0 PROJECT PROPOSAL: Zoning Text Amendment No. 15-001 represents a request to amend Chapter 233 Signs of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to define non-commercial signs, add provisions for permitting non-commercial signs on private property and within public rights-of-way and delete references to political signs pursuant to Chapter 247 of the HBZSO. ZTA No. 15-001 was initiated by the City Attorney's office to ensure that the City's sign code conforms to recent State and federal court cases related to the posting of signs on private property. The following sections of Chapter 233 are proposed to be amended(Attachments. 2 & 3): - Section 233.08 Exempt Signs — deletes references to examples of exempt temporary signs; clarifies regulations pertaining to sign type, location, size, number and other standards for non-commercial signs on private property and within public rights-of-way - Section 233.10 Prohibited Signs — expressly exempts temporary signs within public rights- of-way pursuant to the provisions of Section 233.08 Exempt Signs - Section 233.28 Definitions— defines "non-commercial sign" and "public right-of-way" and deletes the definition of"political sign" - Section 233.30 Message Substitution — new section to ensure that commercial sign copy is not inadvertently favored over non-commercial sign copy. Background: The proposed Zoning Text Amendment was initiated by the City Attorney's office as a result of a pending lawsuit to ensure conformance of the City's sign code to recent State and federal court cases related to the posting of signs on private property. Study Session: The Planning Commission held a study session on ZTA No. 15-001 on February 10, 2015. The Planning Commissioners had general questions regarding the differences between proposed criteria for signs within the public right-of-way versus private property; the legality of tying time limitations for posting of non-commercial signs within public rights-of-way to election dates; allowable locations for posting signs (e.g. — utility poles, tract walls); and the enforcement process for failing to remove signs within public rights-of-way. Planning and City Attorney staff responded to the questions and the City Attorney staff provided additional general background on the recent court cases that were the catalyst for the proposed Zoning Text Amendment. No members of the public spoke at the study session. ISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals, policies, and objectives of the City's General Plan as follows: Urban Design Element Policy UD 1.2.3: Coordinate the design of public and private signs and graphics on a citywide basis. PC Staff Report—02/24/2015 2 (15sr07 ZTA 15-001) ZTA No. 15-001 would ensure the consistent application of regulations for all types of non- commercial signs on private property as well as within public rights-of-way citywide. Zoning Compliance: Not applicable. Urban Desikn Guidelines Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: This project would be considered a minor amendment to the City's Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments for certification. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The City Attorney's Office recommends changing Chapter 233 so that it will conform to recent cases in the state and federal courts that focus on content neutrality and time restrictions for the posting of signs on private property. Public Notification: Legal notice was published in the Huntington Beach Wave on February 12, 2015, and notices were sent to individuals/organizations requesting notification(Planning Division's Notification Matrix). As of February 17, 2015,no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): January 15, 2015 Legislative Action-Not Applicable ANALYSIS: The intent of the proposed Zoning Text Amendment is to ensure the consistent application of regulations for all types of non-commercial signs on private property and within public rights-of-way. As such, specific references to political signs are proposed to be deleted. In addition, a new classification of non-commercial signs, which would include political signs, is proposed to conform to recent cases in the State and federal courts that focus on content neutrality and time restrictions for the posting of signs on private property. PC Staff Report-02/24/2015 3 (15sr07 ZTA 15-001) The proposed amendments to Chapter 233 also provide a better distinction of provisions applicable to the posting of non-commercial signs on private property and within public rights-of-way. The standards related to the posting of non-commercial signs within public rights-of-way are limited to duration only and are not proposed to further restrict these signs beyond what the current sign code allows. No new regulations are proposed. For non-commercial signs posted on private property, ZTA No. 15-001 proposes to add criteria to address sign size and height. These provisions are recommended in part by the National Sign Code and are also based on current HBZSO provisions for allowing other types of structures on private property within the front yard setback. Language has also been added to reference Section 230.88 of the HBZSO to ensure that these signs are not located within visibility clearance areas at driveways and street intersections. No limitation on the number of signs or duration of posting is proposed to be established. A survey of other Orange County cities regulating political signs was conducted for the cities of Fountain Valley, Irvine, Tustin, Westminster, Costa Mesa and Anaheim. Attachment No. 4 provides a matrix comparing the City's proposed changes to the current HBZSO provisions as well as the aforementioned cities. Although there is a lot of variation in sign codes amongst the individual cities, the matrix shows that the proposed amendments to Chapter 233 would be within the range of regulations for non-commercial signs on private property and within public rights-of-way adopted by the surrounding cities. In addition, the proposed amendments would not change the zoning or permitted uses for any property within the City. The proposed amendments would also remove ambiguity for regulations applicable to non-commercial signage on private property versus within public rights-of-way and ensure that the City's code would not distinguish political sign messages from other non-commercial sign copy. Staff recommends that the Planning Commission approve Zoning Text Amendment No. 15-001 and forward to the City Council for adoption because the changes are consistent with the General Plan and would bring the City's zoning code into conformance with recent court cases related to the posting of signs on private property. ATTACHMENTS: 1. Findings for Approval—Zoning Text Amendment No. 15-001 2. Draft Ordinance No. HBZSO Chapter 233, Section 233.08 (Exempt Signs) 3. Legislative Draft—Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Signs 4. Survey: Political Sign Regulations of Other Cities with Sign Ordinances SH:JV:RM:kd PC Staff Report—02/24/2015 4 (15sr07 ZTA 15-001) LEGISLATIVE DRAFT 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. 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,but is usually and eustemafily used to ad-,*Aise feal estate sales,pelitieal e shall be permitted as follows: AACMTT MT 0.'� i SITE CRITERIA TYPE MAX. MAX. MAX.SIGN OTHER STANDARDS NUMBER SIGN HEIGHT AREA Non-commercial F/S or N/A NL�A 1. Cannot create traffic or safety Ele "ie„ _ Wall; In all zones, hazards:cannot encroach into the � �i�signs on no roof 8 s9•ft• 42 inches visibility triangular areas described signs within front in Section 230.88.: private property in setback areas: 2. In Residential Zones,F/S non- all zones 6 ft.in other commercial signs are allowed oniv areas in landscaped areas. 3. In Commercial and Industrial Zones.F/S non-commercial signs are allowed only in landscaped areas and landscaped planters. 2 PE)446el SigRS ffla„be«.,Steil« Pleetie«Tl..y a d.«,st be tak@ down no later thaR 10 days f llewifi.t @ Lleet;e«Day.Sign-,by anyeae b fla the Ffiday af4er Eleetie«I)a ui..r�cvv�zvra T Non-commercial F/S or N/A N/A N/A 1. Cannot create traffic or safety signs in public Wail hazards. rights of wav 2. Non-commercial signs in public rights-of-wav 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-we 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 safety Wall site hazards. 2. May be 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. 10 ft. 1. Cannot create traffic or safety hazards. Office District Wall ft 12 ft. 2. May be 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. 12 ft. 1. Cannot create traffic or safety Industrial Wall ft, hazards. 2. May be 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. All Other F/S or 1 per site 20 sq. 10 ft. 1. Cannot create traffic or safety Districts Wall ft. hazards. 2. May be 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 Signs F/S or 1 per site 32 sq. None Is erected no earlier than the date a Wall ft. 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 House Signs F/S or 1 per site 6 sq.ft. 4 ft. 1. Sign must be displayed adjacent to Wall the entrance of a property or in the case of a residential subdivision at the immediate points of access to ATTACHMENT NO. 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. 6 ft. Must be displayed at the immediate ft. 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. 1. Must be placed on light standards ft 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) 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). 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. ATTACHMENT NO'. 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)Pektisal signs 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. 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) 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. 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. 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 Sian. 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 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. Aka , 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. Open House 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. b ublic effiee er an issue b b elee 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 root 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. 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 1 Q%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 G o'°rro°r$o®r°rrt�r�rsro® a®e�+rr rrs"�yrrrrrmr rr 'r�°r°°•°neoBe °s°r'rr" 10, e®r�r aor roar°r°"'�'m°°e ra"rro'�r'�io'r�r rr ro'er _ ' C Min. Driveway o wide landscape t area Eys O � Sign Type setback Pole 41Y Monument subject to Director review ATTMCNMENT . I i I I I I I I I Jill 1 01 y SIGN AitA i lb LL I I I I y I I i ' a 7011/9 Lee sehold-Max.Width DIAGRAM 8 b 75%Fascia-Max. Height x Equal Dimensions Equal Dimensions (3334-6/97,3360-12/97,3826-4/09) 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. =aNO. -/ ZTA No.15-001:Non-Commercial Signs—Other Cities Survey Table PRIVATE- Current Huntington Proposed - _ Fountain.Valley Irvine - - Tustin Westminster Costa Mesa Anaheim PROPERTY: Beach Reguletions Huntington Beach.Regulations - 1. *Maximum Political signs may be No Restriction No Restriction 90 days 45 days No Restriction No Restriction 120 Days Duration of posted no sooner than 50 Sign Posting days before an Election i (prior to Day and must be taken election) down no later than 10 days following and Election Day.Signs on public property may be removed by anyone beginning on the Friday after Election Day. 2. Max Political signs may be No Restriction 10 Days. 10 Days 5 calendar days. 30 days after election 10 days 120 days of its Number of posted no sooner than 50 Signs not removed Signs not removed Signs posted more than 6 Following the date of erection or Days to days before an Election shall be removed by shall be removed by calendar days after any election. placement or within Remove Day and must be taken City at expense of City at expense of election shall be deemed thirty(30)days after down no later than 10 candidate or issue candidate or issue abandoned. election to which the days following and advocate on sign advocate on sign sign relates Election Day.Signs on public property may be removed by anyone beginning on the Friday after Election Day. 3, Max N/A No Restriction No Restriction No Restriction No Restriction No Restriction No restriction if not No Restriction more than 5 sq ft, Number of Signs Permitted -- 4. Maximum N/A Maximum 8 sq ft 9 sq ft 3 sq ft 32 sq ft. 40 sq ft max 5 sq ft 32 sq ft Size/Square 12 sq ft Greater than 3 ft x3 ft Footage can be mounted to light Limitation weight frame 5. Maximum _N/A Maximum 42"within front setback 6 ft tall maximum No Size Restriction 10 ft Maximum Greater than 3 ft x 3 ft 3 ft Not to exceed size of Sign Height 6 feet in other areas shall be mounted to 32 sq ft total frame 6. Sign other Standards: 1.Cannot create traffic or safety hazards;cannot No Restriction No Restriction No Restriction 5 ft setback from any No Restriction Minimum 25 ft sight Location on Cannot create traffic or encroach Into visibility triangle areas described In public r-o-w distance requirement Private safety hazards. Section 230.88. Property 2.In Residential Zones/F/s non—commercial signs are allowed only in landscaped planters. 3.In Commercial and Industrial Zones,F/5 non- commercial signs are allowed only In landscaped areas and landscaped planters. - - Note: Type: F/S or Wall Signs:Add No Roof 5igns in private property *With permission of property owner T;AT PUBLIC RIGHT Current Huntington Beach. Proposed Huntington.Beach Regulations Fountain Valley; Irvine Tustin - Westminster Costa Mesa Anaheim OF WAY(R O- .Regulations W) r. Z Maximum Political signs may be posted no Defines non-commercial signs. Not Applicable 90 days 45 days Not Applicable No Restriction Not Applicable Duration sooner than 50 days before an No change In criteria - ofSign Election Day and must be taken Posting down no later than 10 days (Prior to following and Election Day.Signs - Election) on public property may be removed .. by anyone beginning on the Friday - after Election Day. S. Maximum Political signs may be posted no Defines non-commercial signs. Not Applicable 10 Days S calendar days. Not Applicable 10 Days following the Not Applicable Number sooner than 50 days before an No change in criteria Signs not removed Signs posted more date of any election of Days to Election Day and must be taken shall be removed by than 6 calendar days Removed down no later than 10 days City at expense of after election shall be following and Election Day.Signs - candidate or Issue deemed abandoned.on public property may be removed advocate on sign by anyone beginning on the Friday after Election Day. - 9. Maximum No Limitation No Change Not Applicable No Restriction No more than three Not Applicable 10 Signs Not Applicable Signs (3)identical political 1 Permitted signs shall be permitted in public r- o-w abutting any _ one(1)parcel_ 10.Maximum No Limitation No Change Not Applicable 3 sq ft 6 sq ft Not Applicable 5 sq ft Not Applicable - Size/Squar 12 sq ft _ e Footage Limitation 11.Maximum No Limitation No Change Not Applicable No size Limitation 4 It Not Applicable 3 ft above grade Not Applicable Sign Height 12.Location; Other Standards: No Change Prohibited Prohibited Limited to 3 signs in Prohibited Parkway Only Prohibited Traffic Cannot create traffic or safety - Public Parkway only Not adjacent to Signal, hazards. residential or industrial Utility zones Pole, 15 ft from hydrants and Traffic edge of driveways control Device TTA G NO. _ ATTACHMENT #4 ,� �x � ..�� n .�_ �� r; i � i � � Y�;, � k "r �, :y., � ,� s °� ,,.rY�, �, ,. l � y/� ��� � q1�, �; � 4 �� N 4 x. ^r �.. � "i:., nya, ,, ,.. �;. ,� ,;„ �4 � yy,z � ',, y. `" e , �„ Y 4 f ., 6y- ,� ���, � ��� a E a � .l'cR` � Sri, � ,: ��;,,�, bra, "j ���, >e z>, � . �' ,� � � %�.� � fr, ��° ✓�K�a N ���f� t5^^ CD N :x ♦ Ab • AS • x { __ .,,�.n, ,,,,, ors• x ,., 7� / Ag i � r kg""' T ZTA No . 15-001 was initiated by the City ttorneyfs Office as a result of a pending lawsuit to ensure conformance of the City's sign code to recent State and federal court cases related to the posting of signs on private property +z s �► i ! •m ! i • !. sri° The int f t zT �s"to ensure "u nit t "W"Pap"P n of re- > r III ty, f non-commercial "v �r rop rt and within public rights - f-r , � tione I signs i in accord l "f with recent court cases regarding content neutrality and time restrictions for the posting of signs on private property Ensures code would not distinguish political sign messages from other non-commercial signs on private property MIL IS (conrcl ZTA proposes to addcriteria to address size, location and height only --- no limitations on number z f signs r rtien f posting are proposed for z. private property Public rights-of-way: No new regulations proposed survey of other Orange Countycities regulating political signs was conducted The ity's proposed changes arewithin the range of regulations Recommendat"ion Staff and the Planning Commission recommend approval of Zoning Text Amendment No . 15-001 amending Chapter 233-Signs with Findings for Approval based on the following .,- Changes are consistent with the General Plan, Ensures consistent application of regulations for all types of non-commercial signs on private property as well as within the public rights-of-way ` • s :. Conforms to recent court decisions