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2014/04/08 City Council Ordinance 876CITY COUNCIL ORDINANCE NO. 876 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING CHAPTER 17.04 (DEFINITIONS) AND CHAPTER 17.27 (SIGNS) OF THE MUNICIPAL CODE (TITLE 17, ZONING) WHEREAS, the City of Rohnert Park ( "City ") filed Planning Application No. PL2013- 029MC to initiate a municipal code update process that proposes amending Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) of the City of Rohnert Park Zoning Ordinance; and WHEREAS, the City Council desires to preserve and enhance the appearance of the community, promote the orderly construction, placement and display of sign, and to protect the health safety and general welfare of the City through reasonable sign regulations; and WHEREAS, the proposed amendments to Chapter 17.04 (Definitions) and Chapter 17.27 (Signs) would update the sign regulations of the Zoning Ordinance and definitions related to signage to clarify, simplify and streamline the regulations where possible, and strengthen provisions where needed; and WHEREAS, the purpose of the revisions are to better address new sign types and technologies that have emerged over the past several years, provide more enforceable sign code provisions, create a more user - friendly code that is more readable and easier to understand and interpret; and WHEREAS, the proposed changes to Chapter 17.04 (Definitions) are attached hereto as Exhibit A and changes to Chapter 17.27 (Signs) are attached hereto as Exhibit B; and WHEREAS, by separate action and resolution, the City Council reviewed the Negative Declaration, prepared for the Project, recommended its adoption by the City Council; and has otherwise carried out all requirements for the Project pursuant to CEQA; and WHEREAS; pursuant to California State Law and the RPMC, public notice was published in the Community Voice for a minimum of 20 days prior to the first public hearing and a copy of the Negative Declaration and proposed code amendment have been available for public review at City Hall; and WHEREAS; on November 14, 2013 and January 23, 2014 the Planning Commission held public hearings at which times interested persons has an opportunity to testify either in support or opposition to the proposal and adopted Resolution 2014 -04 recommending that the City Council adopt the code amendment and negative declaration; and WHEREAS: a duly noticed public hearing regarding introduction of the Zoning Ordinance amendments was held by the City Council on March 25, 2014 in conformance with the notice provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Findings for Enactment of Amendments to Zoning Ordinance. The City Council hereby makes the following findings concerning amendments to Chapters 17.04 (Definitions) and 17.27 (Signs) of the Zoning Ordinance: 1. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments are consistent with three specific provisions related to signage contained within General Plan 2020. 1. Goal CD -J relating to Neighborhoods and Focus areas, states a goal to, "Maintain the character of existing neighborhoods while undertaking streetscape and signage improvements in selected areas." 2. Policy CD -56 relating to commercial centers, states that, "As part of the Zoning Ordinance, maintain development standards for all development within commercial districts that include, but are not limited to...Signage Requirements..." 3. Goal TR -A relating to the Street System, states a goal to, "Promote safe and efficient vehicular circulation throughout Rohnert Park." In part, the intent of the proposed amendments is to improve the appearance and upkeep of signage used throughout the community. Sign provisions should also help reduce visually clutter that could result from the placement of numerous unregulated signs throughout the community. The proposed sign provisions help implement the General Plan and specifically implement the Goals and Policies listed above. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public by create a more streamlined sign review process, reducing visual clutter from unregulated signs and improving the appearance of signs installed within the community, and allowing for appropriate directional signs to be placed on private property and, in limited cases, on public property and rights -of -way to assist the public with way - finding. The proposed amendment will not have any detrimental impacts and will have some positive impacts to the public health, safety or welfare. Section 2. Environmental Clearance_ An Initial Study was prepared for the project, and has been adopted under separate resolution. Section 3. Approval of Zoning Ordinance Amendments. The City Council hereby approves the amendments to the Zoning Ordinance in substantially similar form as attached as Exhibit A and Exhibit B which are incorporated by reference as if set forth in full. Section 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on March 25, 2014 and adopted by the Council of the City of Rohnert Park on April 8, 2014, by the following roll call vote: AYES: FIVE (5) Council Members Belforte, Mackenzie, Stafford, Ahanout and Mayor Callinan NOES: NONE (0) ABSENT: NONE (0) ABSTAIN: NONE (0) ATTEST: 01A A nne Buergler, City Clerk APPROVED AS TO FORM: .5). City Attorney CITY OF ROHNERT PARK Jose T. Callinan, Mayor BELFORTE: 1 -`4 MACKENZIE: A Jt( STAFFORD: (3/4(5 AHANOTU: tome CALLINAN: AYES: ( ) NOES: (L7) ABSENT: (0) ABSTAIN: (0 ) Exhibit A Amendments to Chapter 17.04 (Definitions) of the Zoning Ordinance Sign Code Definitions 17.04.030 Definitions of words and terms. [All of the existing text after the definition for "Setback" and prior to the definition for "Single family residential will be replaced by the following. This update will not include any other changes in Chapter 17.04] "Sign" means a device, display, figure, message, placard or structure, including its component parts, situated indoors or outdoors, which is constructed, designed, intended or used to advertise or otherwise attract or direct attention, provide information, to a business, event or location, institution, person, product or service, or promotes the interests of any person, by any means including, but not limited to, color, design, figures, illumination, letters, projected images or words, and is visible from any public street, road, highway, right -of -way, or parking area. Signage terminology used in this code includes the following: 1. "Abandoned" means any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on premises where the sign is displayed. 2. "Address" means a sign identifying the position of a land use in relationship to a public or private street. 3. "Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. 4. Area. See "Sign area." 5. "Attention attracting device" means animated or moving signs, including signs held by mechanical mannequin or other devices, balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners and streamers, but excluding approved temporary banners, time /temperature devices, and electronic message boards. 6. "Awning" means a sign attached to a roof -like projection from the wall of a building that serves to shield a doorway or window from the weather and is often constructed of weather resistant fabric. 7. Banner. See "Flags, banners or pennants." 8. "Campaign" means a temporary sign that is designed to support the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election. 9. "City entry" means a public sign located at specific entry points to the city of Rohnert Park. 10. "Commemorative" means a sign which commemorates the historical status and /or date of erection. 1 11. Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. 12. "Commercial" means any sign with a commercial message. 13. "Construction" means a sign that identifies the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. 14. "Copy" means words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. 15. "Directional" means a sign that has been designed and erected for the sole purpose of directing vehicular and /or pedestrian traffic within a project, e.g., restroom, security office, entrance /exit. 16. "Directory" means a sign that lists tenants of a multiple tenant building or center. 17. "Double- faced" means a sign which has back to back sign copy where the angle between the two faces does not exceed thirty degrees. 18. "Edge of roof' means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less. 19. "Electronic message center" means a sign with a fixed or changing display composed of a series of lights, but not including time /temperature displays. 20. "External illumination" means the lighting of an object from a light source located at a distance from the object. 21. "Flags, banners or pennants" means cloth, plastic, paper or similar material used for advertising purposes attached to framing, line, pole, structure, staff or vehicle. 22. "Flashing" means a sign that includes an intermittent or sequential flashing light source. 23. "Freestanding, monument" means a sign that is supported by a base structure that rests on the ground and is not supported or attached to a building. 24. "Freeway oriented" means a freestanding sign located on a nonresidential property and directly adjacent to Highway 101. 25. "Hand- held" means a sign that is held by or otherwise mounted on a person. For the purposes of this title, hand held sign does not include a noncommercial sign. 26. Height, sign. See "Sign height." 2 27. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and (e) any sign that is in violation of the provisions of Chapter 17.27(Signs). 28. "Inflatable device" means an object that is filled with a gas, including CO2. 29. "Internal illumination" means the lighting of an object from within the interior so that light rays go through the face of the sign. This does not include a sign with a light source that is attached to the face of the sign and is perceived as a design element of the sign. 30. "Live /work" means a sign that identifies the location of a live /work unit within a mixed - use or similar type development. 31. "Maintenance, normal" means the painting and cleaning of signs and /or the replacement of like parts of a nonstructural nature e.g., lights, panels, trim pieces and other similar items. 32. Marquee. See "Theatre, marquee." 33. "Mural" means a two dimensional piece of art which is applied to the flat surface or wall of a building. 34. "Neon" means a light source that is generated by inserting electrical energy into a chemically inert gas. 35. "Noncommercial message" means any wording, logo or other representation that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity. 36. "Noncommercial sign" means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 37. "Nonconforming" means an advertising structure or sign which was lawfully erected and maintained in conformance with the requirements in effect at the time, and which has subsequently come under new amended requirements and no longer complies with the requirements. 38. "Obscene" means a sign that includes materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. 39. "Off -site, billboard" means a sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign. 3 40. "On -site sign" means any sign which directs attention to an occupancy, business, commodity, good, product, service or other activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this title, all signs with noncommercial messages are deemed to be "on- site," regardless of location. 41. Pennants. See "Flags, banners or pennants." 42. "Permanent" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. 43. "Primary street frontage" means the primary street frontage is the most prominent public right -of -way as related to a lot of record. 44. "Private information" means signs that are required or permitted by law to be posted, or signs displayed on private property that are intended to preserve and protect public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no soliciting signs, and no trespassing signs, 45. "Portable" means an "A" frame sign or other sign attached to a devise used to allow the sign to be rolled or moved around. 46. "Projecting or suspended" means a sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward from the building. 47. "Public information" means a sign that has been displayed by a federal, state or local agency for the purpose of protecting public health, safety and general welfare. 48. "Real estate" means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent or directing people to a property, and does not include temporary subdivision signs. 49. "Roof" means a sign mounted on the roof of a building or supported entirely by the building and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. 50. "Sign area means the surface of a sign. 51. "Sign face" means that portion of a sign intended to be viewed from one direction at a time. 52. "Sign height" means the vertical distance from the lowest point of the base of the sign to the highest point of the structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height. 53. "Sign program" means a process for reviewing and approving nonresidential or mixed use signage for larger sites and buildings, and for properties with multiple tenants for the purpose of ensuring aesthetic compatibility and equitable signage area. 4 54. "Sign structure" means the supporting framework or bracing of a sign and incidental to the sign display. 55. "Subdivision" means a sign that identifies a subdivision project with units for sale. 56. "Temporary" means a sign intended to be displayed for a limited period of time and capable of being viewed at a building frontage, including but not limited to: construction and subdivision signs, campaign signs, , real estate signs, and special event signs. 57. "Theatre marquee "means a sign that is attached to or otherwise made part of a permanent roof -like structure and projects beyond the building wall in the form of a large canopy to provide protection from the weather. 58. "Three- dimensional" means a sign that has a relief image on its surface that exceeds six inches. 59. "Time /temperature" means the area of any time and /or temperature device incorporated into a sign shall not be included in the calculation of total sign area. 60. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. 61. "Vehicle" means a sign that is used or intended for use as a portable sign and is towed or affixed to a vehicle and used to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of the vehicle. 62. "Wall" means a sign that is attached or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. 63. "Window" means a sign posted, painted, placed, or affixed on the interior or exterior of a window exposed to public view, and includes an interior sign that faces a window exposed to public view and is located within two feet of the window. This definition does not include window displays of merchandise offered for sale, so long as such displays are located more than two feet from the window on the interior. 5 Exhibit B Amendments to Chapter 17.27 (Signs) of the Zoning Ordinance Chapter 17.27 - SIGNS Sections: 17.27.010 - Purpose The purposes of these sign standards and regulations include: A. Protect the public safety and welfare by avoiding hazardous distractions or conditions to pedestrian and vehicle traffic through careful placement, orientation, design and maintenance of signage. B. Ensure that signage is clearly stated, appropriately scaled, and in harmony with the character and appearance of the building or use that is being identified. C. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. D. Protect residential districts and adjoining nonresidential districts from adverse impacts of excessive numbers or sizes of nearby signs. E. Generally limit commercial signage to on -site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. F. Limit the number and size of signs to levels that reasonably allow for the identification of institutional or commercial locations and the nature of the use, business or services provided at such location. G. Regulate the number and sizes of signs according to standards consistent with the types of establishments in each zoning district or in different portions of a zoning district. H. Avoid unnecessary and time consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City's building .7 1 trica rl l 1 limiting the e and number n such VU11U111�', and electrical codes while lrri11u11�, I11V size atll3. number of Juvii sr17ns so as to minimize visual clutter. Respect and protect the right of free speech by sign display, while reasonably regulating the structural locational and other aspects of signs not related to communication, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety. 1 J. Enable the fair and consistent enforcement of these sign standards and regulations. K. Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes stated in this section. 17.27.020 - Applicability. A. Regulation. This chapter regulates signs located on private property within all zoning district of the city. This chapter also applies to signs within public rights - of -way, and to property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter. B. Definitions. Definitions of the specialized terms and phrases used in this chapter are contained in Chapter 17.04 (Definitions) of this municipal code. References to "department" means the Department of Development Services, and references to "director" means the Development Services Director or the director's designee. 17.27.030 - General provisions. A. Sign Permit Required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter, change commercial message copy (except for changeable copy signs), move, or display any temporary or permanent sign without first obtaining a sign permit in accordance with the provisions of this chapter. No additional sign permit or approval is required for cleaning or other normal maintenance of a previously approved sign, unless a structural or electrical change is made. B. Owner's Consent Required. The consent of the property owner, designated agent, or person in control or possession of the property is required before any sign may be erected on any private property within the city. C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. A sign permit or sign program approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial messages are deemed to be "on- site," regardless of location. D. Substitution of Noncommercial Messages. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial 2 message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional permit is required to substitute a noncommercial message for any other message on a permitted sign, provided the sign structure is already approved or exempt from the sign permit requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail. E. Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off -site commercial messages may be substituted for on -site commercial messages. F. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the sign permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. 17.27.040 - Sign permit and sign program requirements. A. General. Unless specifically exempted in Section 17.27.050 (Exempt Signs), a sign permit or sign program approval must be secured for all signs in accordance with this chapter. Granting a permit or approval in accordance with this chapter in no way eliminates the need to otherwise obtain a building or encroachment permit when required. B. Purpose. The purpose of the sign permit and sign program requirement is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. C. Sign Programs. A sign program shall be required for: 1. Any new nonresidential project with three (3) or more tenants; 2. Building groups that involve three (3) or more live /work uses; 3 3. Any existing nonresidential project consisting of three (3) or more tenants, where more than 60 percent of the existing signs or building exterior are being rehabilitated within a 12 -month period: 4. Any single building of more than 20,000 square feet: and 5. Any commercial building or buildings occupying two (2) or more acres. D. Application Process. 1. An application for a sign permit or sign program must be made in writing on the form provided by the department and accompanied by the required fee established by city council resolution. 2. The application must include descriptive materials sufficient to conduct a proper evaluation including the following items: a. A site plan showing existing improvements and proposed sign locations; b. Detailed elevations showing the proposed signage, including the dimensions and locations; c. A detailed plan of the proposed signage, including dimensions, proposed illumination and method of attachment or mounting; d. Samples and descriptions of the proposed sign copy, colors and materials; e. A completed construction permit application, as needed, in conformance with Title 15 (Buildings and Construction) of this municipal code. f. Such additional information requested by the department as may be necessary to make a fully informed decision, process the application and make the required findings. 3. The director will initially determine whether the application contains all the information and items required by this chapter and may be deemed complete. 4. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United State mail, the date upon which 4 personal service of such notice is provided or the date that the notice is electronically transmitted (if applicable). 5. No application will be accepted if: a. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application. b. The application is substantially the same as an application previously denied, unless: (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. c. The applicant has not submitted for processing or obtained any applicable permit for the underlying use of the property. E. Standard Sign Permit Review Process. 1. After receiving a complete sign permit application, the director must cause the application to be reviewed and render a written decision to approve or deny the application within ten business days. 2. Determinations on sign permit applications are to be guided by the standards, criteria and findings set forth in this chapter. 3. The director may refer certain sign permit applications to the planning commission for review. Such determination should be made within ten business days of a complete application and acted upon by the planning commission within 60 days or concurrent with any related and required project approval that is presented to the planning commission. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the director or planning commission must be in writing and must specify the grounds for such denial. F. Standard Sign Program Review Process. 5 1. After receiving a complete sign program application, the director must schedule consideration of the sign program by the planning commission within 60 days of the complete application or concurrent with any related and required project approval that is presented to the planning commission. 2. Determinations on sign program applications are to be guided by the standards, criteria, and findings set forth in this chapter. 3. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this chapter. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the planning commission must be in writing and must specify the grounds for such denial. G. Findings. A sign permit or sign program that is reviewed in compliance with this chapter may be approved only after the following findings and determinations are made by the appropriate review authority: 1. That the proposed location of the use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the sign is located; 2. That the proposed location of the sign and the conditions under which the sign would be operated and maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. H. Approval Period, Expiration and Time Extensions. A sign permit or sign program approval will expire one (1) year from the date of issuance unless the sign or at least one (1) sign in an approved sign program has been installed in accordance with the conditions of approval. If the sign permit or sign program is for a building or shopping center under construction, the one year approval period will commence on the date of issuance of the first Certificate of Occupancy for the proj ect. 1. Prior to expiration of a sign permit or program, the applicant may apply for an extension of up to one (1) additional year. The extension request will be reviewed by the review authority that acted on the original request. 2. The permit or approval will be null and void if the zoning ordinance changes significantly prior to the installation of the sign to a point that given the new regulations in the zoning ordinance such a sign would not be permitted. 6 Revocation. The initial reviewing authority may revoke any sign permit or sign approval according to the process outlined in Section 17.25.140 through 17.25.148 upon refusal of the permit or approval holder to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days opportunity to cure. 17.27.050 - Exempt signs. The following signs are allowed without a sign permit or sign approval provided that they otherwise comply with the city's design guidelines and this chapter. A sign which is considered exempt in accordance with this chapter in no way eliminates the need to otherwise obtain a building or encroachment permit when required. A. Address Signs. Street address numbers must be installed in compliance with the California Fire Code or the U.S. Postal Service. B. Commemorative Signs. Such signs may not exceed six (6) square feet in area and are subject to the approval of the director.. C. City Informational Signs. The city may erect identification, welcome and /or directional signs at entries and key locations within the community. D. On -Site Directional Signs. Such signs are subject to the following provisions: 1. Directional Entry Sign (Small). One on premise parking and directional sign not exceeding one (1) double -faced sign is permitted per site entrance. The sign face may not exceed four (4) square feet in area and the sign height may not exceed five (5) feet. 2. Directional Entry Sign (Large). A larger directional sign may be used in place of each Directional Entry Sign (Small) if the sign is setback more than 100 feet from a public way. This sign may be up to ten (10) square feet in area and up to eight feet in height. 3. Small Internal Directional Signs. Other directional signs may be used throughout a project site so long as the area of each sign does not exceed one square foot. E. Open / Closed Sign. Each business may have one "open /closed" sign, not exceeding one square foot in area. F. Flags and Flag Poles. Flags of national, state or local governments, or nationally recognized religious, fraternal or public service agencies provided that: 7 1. A single flag that does not exceed one- fourth the height of the flag pole and two or more flags combined that do not exceed one -half the height of the flag pole. 2. Properties in residential zoning districts may have one flag pole that does not exceed 12 feet in height. 3. Properties in nonresidential zoning districts may have no more than three (3) flags per property and the flag pole may not exceed thirty (30) feet in height. 4. If taller than twelve (12) feet in height, the flag pole must be constructed of metal, fiberglass or carbon fiber. Wood flag poles taller than twelve (12) feet are not permitted. 5. According to federal flag guidelines, the United States flag should only be displayed from sunrise to sunset unless properly illuminated for nighttime visibility. If illuminated, flag lighting shall be directed and /or shielded to avoid off -site glare. 6. Smaller flags displayed during daylight hours for Federal holidays (e.g. Veterans Day, Memorial Day, etc.) are permitted without limitation. G. Live /Work. Such signs may not exceed two (2) square feet and must be attached to the wall of the building in which the use is housed and may not be illuminated. For building groups that involve three (3) or more live /work units, an integrated sign program is required in accordance with Section 17.27.040.0 (Sign Programs). H. Private Informational Signs. Such signs may not exceed one square feet in area. Public Informational Signs. Signs displayed by a federal, state or local governmental agency when required to carry out its responsibility to protect public health, safety and general welfare. Examples include, but are not limited to: public hearing signs, emergency and warning signs necessary for public safety or civil defense, signs locating underground facilities, and traffic signs erected and maintained by an authorized public agency. 1. On -Site Signs Required for City Public Hearing Notification. On -site signs for public hearing notification before a city agency must comply with the following: a. Sign Area. Each sign must comply with the following minimum and maximum area requirements, based on the size of the subject parcel. 8 Table 17.27 — 1: Public Hearing Signs Lot Area Less than 6,000 sf, or store front 6,000 sf to 20,000 sf Greater than 20,000 sf More than 1 acre !Minimum Sign Area 6 sf 12 sf 132 sf b. Height Limit. Sign height may not exceed eight feet. c. Location. The sign may be located not less than five feet inside the property line for residential zones, not less than one foot inside the property line for commercial and industrial zones and shall be placed in an area that is most visible to the public. d. Other Restrictions. i. No sign may be illuminated, ii. One (1) sign must be displayed per public street frontage of the subject property, and iii. Removal is required within fifteen (15) days after the noticed public hearing. e. Verification. On or before the required date of posting, the applicant or applicant's representative must submit to the department a signed affidavit of the installation of an on -site public hearing sign. J. Temporary Signs. 1. Construction and Subdivision Identification Signs. Such signs are permitted in all zoning districts subject to the following: a. One sign not exceeding 32 square feet per site. For each site larger than ten acres, one additional 32. square foot sign per ten acre increment is allowed; b. One sign not exceeding six (6) square feet for each model home and located on the site of each model home in the subdivision; c. One (1) off -site directional sign not exceeding ten (10) square feet. Any off -site directional sign may be required to be large enough to accommodate more than one (1) construction or subdivision project. The location and number of direction signs will be determined by the director. 9 2. Campaign Signs. Such signs are subject to the following: a. Campaign signs are not permitted on any public property or within any public right -of -way. In order to assist the public in locating public property, the city will make available, through the city manager, a map showing publicly owned real property within the city. As to those areas of right -of -way or other small parcels wherein it is difficult to determine the line of demarcation between public and private property, the city sign enforcement authority, as designated by the city manager, will inquire of the nearest adjacent private property owner or owners as to whether they have given permission to the posting of the sign. If the owner or owners reply in the negative it will be conclusively presumed that the sign was posted in violation of this section. If the nearest owner or owners indicate that permission was given to post the sign then the city will ascertain by survey or other accurate method as to whether the sign is posted on public or private property. b. Any campaign sign placed upon privately owned property must receive consent of the owner or occupant thereof. d. All campaign signs must be removed within ten days after the day of the election to which it pertains. The person or organization placing the sign and the owner and the occupant of the premises upon which the sign is placed are each responsible for the removal of such signs. In the event it becomes necessary for employees of the city to remove such signs, the city may hold all or any of the abovementioned parties responsible for the costs incurred by the city in removing such signs. 3. Freestanding Signs. In residential zones only, each parcel is permitted two temporary freestanding noncommercial signs (this includes "garage sales" and similar incidental "for sale" signs typical at a residential address). Such signs may not exceed six (6) square feet in area and four (4) feet in height, and may not be illuminated. Such signs are in addition to all other signage allowed under this chapter. 4. Real Estate Signs. Such signs may not be illuminated and are subject to the following regulations: a. Residential Signs. One sign not exceeding six (6) square feet in area located on the property being advertised. Riders on such signs are limited to three (3) square feet in area. b. Residential Open House Signs. Signs directing customers to an open house may not exceed two (2) square feet which may contain the words "Open House" together with an arrow indicating the direction to the open 10 house between the hours of eight a.m. and eight p.m. No more than one sign per direction may be placed at any intersection. c. "Open House" Real Estate Sign. One (1) sign not exceeding six (6) square feet may be placed on the property coinciding with the hours of open viewing. The sign may also contain the name of the sales person or firm sponsoring the open house. d. Nonresidential Real Estate Signs. One (1) sign not exceeding 20 square feet per frontage that is located on a nonresidential property being advertised. A maximum of one (1), two (2) foot by three (3) foot window sign is allowed for each vacancy. All signs must be non - illuminated. One (1) sign is allowed per frontage. Signs exceeding these limitations may be administratively approved by the director. 5. Seasonal Decorations. Decorations and displays related to locally recognized holidays may be installed up to thirty days prior to the holiday and shall be removed no later than ten days after the holiday. 6. Special Event Signs. Signs or banners that advertise and publicize special events to be held within Rohnert Park are permitted, including, but not limited to civic events and special events, grand openings, religious services and athletic sign -ups are permitted in accordance with the following standards or guidelines: a. A maximum of two special event signs not exceeding thirty two (32) square feet each, located on the property where the event is taking place; b. One (1) banner for special events, for a civic or non - profit organization may stretch across City Center Drive and /or Lynne Conde Way; c.. Up to three (3) banners for a civic or non - profit organization not exceeding thirty two (32) square feet each and no more than one (1) at each location for special events may be placed at the following locations: i. West side of Commerce Boulevard at Golf Course Drive (west of 4960 through 5050 Commerce Boulevard); ii. West side of Commerce Boulevard, in the vicinity of Arlen Drive on the landscaped strip adjacent to Highway 101; and iii. Northeast corner of E. Cotati Avenue at Snyder Lane. b. The term the special event sign may be displayed shall not exceed fourteen consecutive days and more than four times in any calendar year. 11 c. Two hundred dollars shall be deposited with the Development Services Department to assure the special event signs are removed at the conclusion of the event and against which the city may charge the costs of removal if the applicant fails to do so. If the applicant removes the special event signs the funds deposited with the city shall be refunded to the applicant. d. A list of the location of the special event signs or banners together with the required deposit shall be submitted to the Development Service Department before the installation of the proposed signs or banners. e. The applicant shall submit to the Development Services Department a list of names, addresses and telephone numbers of three responsible adults in the organization to whom the sign permit is issued. 17.27.060 - Prohibited signs. The following signs, as defined by this code, are prohibited and subject to immediate abatement by the city of Rohnert Park's code enforcement officer. A. Abandoned Signs. B. Attention Attracting Sign. C. Flags unless considered exempt under Section 17.27.040 (Exempt Signs), F (Flags and Flag Poles) or specifically permitted as part of a sign program or a site plan and architectural review entitlement. D. Internally illuminated cabinet signs, except where a dark, opaque background is used in conjunction with light, translucent lettering. E. Obscene Signs. F. Off -Site Signs (Billboards). G. Portable Signs. H. Roof Signs except when approved in conjunction with site plan and architectural review for a building. Public Right -of -Way Signs that are placed in a street right -of -way without a valid encroachment permit, except as otherwise allowed in this chapter. This includes temporary signs displayed on public property, in the public right -of -way, utility pole, fence, tree or other vegetation. J. Signs located in a vision triangle as described in Section 17.14.040 (Clear Vision Triangle). 12 K. Vehicle Signs. This includes any vehicle sign parked within the public right -of- way or in a location on private property that is visible from a public thoroughfare. L. 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 signal or would be a hazard to vehicular or pedestrian traffic. M. Signs which produce odor, sound, smoke or fire or other emissions. N. A vehicle or equipment with mast arms or booms in an elevated position with intent to advertise. 0. Signs painted on fences, walls and roofs. P. Statuary or representative figures used for advertising purposes. 17.27.070 - General sign area, height, illumination and location standards. A. Sign Area Measurement. The measurement of sign area will be calculated as follows: 1. Area. The area of a sign will be calculated by enclosing the extreme limits of all framing, writing, logo, emblem or other display within a single continuous perimeter composed of squares or rectangles. 2. Double Faced Signs. The area of a double -faced (back -to -back) sign will be calculated as a single sign face if the angle at the apex of the sign does not exceed thirty degrees. 3. Three - Dimensional Signs. Where a sign consists of three - dimensional objects the area will be measured as their maximum projection upon a vertical plane. 4. Structure. Supporting framework or bracing that is clearly incidental to the sign display will not be computed as part of the sign area. 5. Time /Temperature Signs. The area of any time and /or temperature device incorporated into a sign will not be included in the calculation of total sign area. B. Sign Height Measurement. The height of a sign will be measured as the vertical distance from the lowest point of the base of the sign structure at grad level to the highest point of the sign structure. C. Sign Illumination. 13 1. Externally illuminated signs must utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the site or onto any public right -of -way or adjoining properties. 2. Internally illuminated cabinet signs must have opaque backgrounds where copy and a logo are the only illuminated features. 3 Transformers, raceways and other types of electrical equipment and features must be concealed. 4. Signs both visible from and within 100 feet of a residential district (R -E, R -R, R -L, R -M, R -H), or similar designation within a Planned Development or Specific Plan may not be illuminated between 10 p.m. and 7 a.m. 5. No movement or apparent movement or change in intensity of illumination is permitted. Rapidly flashing or stroboscopic lighting is also prohibited, D. Sign Location. 1. All signs must be located on the same site as the subject of the sign (i.e. on- site), except as otherwise allowed by this chapter. 2. No sign may be located in the public right -of -way, except as otherwise allowed by this chapter such as public information signs: 3. Signs must be installed in a location and manner that ensures that: a. They do not block the sight lines of existing signs on adjacent properties; and b. Pedestrian and vehicular safety is maximized. 17.27.080 — Sign design, materials, construction, and maintenance standards All signs must be designed, constructed and maintained in compliance with the following standards: A. Permanent signs must be designed by a qualified professional, i.e., architect, designer or others whose principal business is the design, manufacture, or sale of signs. B. Sign colors and materials should be compatible with the existing building designs and should contribute to legibility and design integrity. Signs should avoid the use of garish colors or combinations of colors. 14 C. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex must be designed to incorporate the materials common or similar to all buildings. D. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements: 1. Type of construction materials; 2. Sign/letter color and style of copy; 3. Method used for supporting sign (i.e., wall or ground base); 4. Sign cabinet or other configuration of sign area; 5. Illumination; and 6. Location. E. Except for signs of a temporary nature (banners, flags, etc.) all signs must be constructed of durable materials. F. Every sign, including all parts, portions and materials, must be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city's building code and electrical code. Under no circumstances may a permanent sign have an exposed back. G. All permanent signs must be permanently attached to the ground, building or other structure by direct attachment. H. Every sign and all parts, portions and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned out lamps or lighting, replacement of broken faces, repainting of rust, chipped or peeling structures or faces within 15 days following written notification by the city. When there is a change or discontinuance of a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign must be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure. I. Within 30 days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises must be repaired and restored to remove any visible damage or blemish left by the removal of the sign. 15 17.27.090 - Zoning district sign standards. Each sign must comply with the sign area, height and number provided by this section except as otherwise provided. Table 17.27 -2: Standards for Signage in R -LX, R -M, R -H, R -M /M -H and P -I Districts Sign Type Allowed Wall mount Freestanding Maximum Height Below edge o roof. 6 ft. Maximum Number Maximum Sign Area 1 of either sign type per I street frontage. 16 sf. each sign; 32 sf. total I for all signs. * Applies to attached single family, public and quasi - public land uses only in an R -L zoning district. Table 17.27 -3: Standards for Signage in C -N, C -O, M -U and OS -EC Districts Sign Type Allowed Maximum Height Freestanding 8 ft. Building Mounted (ground floor) Awning 1 Below roof Maximum Number Maximum Sign Area Proj ecting Wall 1 per street frontage. edge of 13 of any combination of allowed building mounted sign types per primary street frontage. plus 1 of any allowed sign type per secondary street frontage. Sites with 3 or more tenants require a Sign Program with 1 of any allowed sign type per business frontage. Below edge of roof Below eave or canopy; and at least 8 above walking surface. Below edge of roof. ft. a Temporary /Portable l Section 17.27.050 (H) (Exempt Signs) Window Section 17.27.100 (J) (Special Sign Type Requirements) Building Mounted (second floor and above) Awning I Below edge of 1 sign per tenant space. 12 sf for each tenant. plus 10.25 sf. per linear ft. of property line adjoining street. 0.5 sf for each linear ft of building frontage; and 100 sf maximum area per lot of record with a Sign (may be exceeded Program). 16 Projecting Wall Window roof. directory sign not to exceed 12 sf per floor to identify upper floor i occupants. Section 17.27.100 (L) (Special Sign Type Requirements) Table 17.27 -4 Standards for Signage in C -R, I -L, and I -L /O Districts Sign Type Allowed Freestanding Building Mounted Awning Projecting Suspended Wall Maximum Height 8 ft. !Maximum Number 1 per street frontage. I Maximum Sign Area 10.5 sf for each linear ft lof property line i adj oining street. ground floor) Below edge of roof. 3 of any combination of 11.0 sf for each linear ftl 'allowed sign types per €of building frontage. (primary street frontage. Below edge of roof. Below eave or canopy; at least 8 ft I above a walking plus surface. Below edge of roof. 1 of any allowed sign type x per secondary street frontage. Sites with 3 or more Tenants require a Sign Program with 1 of any I allowed sign type per l business frontage. 200 sf per lot of record (may be exceeded with 1 a Sign Program. Temporary /Portable Section 17.27.040 (H) (Exempt Signs) Window Section 17.27.100 (L) (Special Sign Type Requirements) Building Mounted (second floor and above) Awning ;Below edge of roof. 1 sign per tenant space. Projecting :....................... ............................... Wall €12 sf for each tenant. 17 Window 1plus 1 directory sign not to I exceed 12 sf per floor to identify upper floor t occupants. !Section 17.27.100 (L) (Special Sign Type Requirements) 17.27.100 - Special sign type requirements. This section is intended to be used in conjunction with other standards contained in this chapter. The director is authorized to issue a sign permit for the following signs consistent with the regulations of this chapter, the city's design guidelines and any required building permit is obtained. A. Awning Signs. 1. Area. Not more than twenty -five (25) percent of the awning face or twenty - five (25) square feet whichever is less. Sign width on the sloped face or valance is limited to eighty five (85) percent of the awning width, on the sloped awning surface the maximum size of logos limited to two square feet. 2. Height. Below edge of roof. 3. Illumination. External lighting only. Back -lit or translucent awnings are not allowed. 4. Location. One or two story buildings only. 5. Information limited to the name, logo, and type of business. 6. On the valance the height of the letters should be limited to 80 percent of the valance height. B. Directory Signs. 1. Area. Not more than twelve (12) square feet. 2. Height. Six (6) feet maximum when freestanding or attached to wall. 3. 3. Location. Permitted in any zoning district. C. Electronic Message Centers 18 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Publicly owned properties located adjacent to a major arterial or highway. D. Freestanding (Monument) Signs. 1. Area. Subject to the requirements of Section 17.27.090 (Zoning District Standards). 2. Height. Subject to the requirements of Section 17.27.090 (Zoning District Standards). 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. Permitted in all zoning districts. E. Freeway Oriented Freestanding Signs. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Any nonresidential zoning district immediately adjacent to Highway 101. F. Murals. 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Determined by conditional use permit. G. Neon Signs and Tubing. Notwithstanding neon signs and tubing that are approved in conjunction with site plan and architectural review for a building, neon signs and tubing are subject to a conditional use permit in the C -R, C -N, I -L /O and M- U zoning districts. 19 1. Area. Determined by conditional use permit. 2. Height. Determined by conditional use permit. 3. Illumination. Determined by conditional use permit. 4. Location. Determined by conditional use permit. H. Projecting and Suspended Signs. 1. Area. No more than nine square feet. 2. Height. Below the edge of roof and not to exceed the top plate of the first floor of a multistoried building. Minimum clearance of ten (10) feet between the bottom of the sign and the finished grade below. The clearance may be reduced to eight (8) if the sign is suspended below an awning, portico or other roof overhang. 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. No more than thirty -six inches of sign may project over a public right -of -way or easement. Signs which project over a public right -of -way or easement will need to secure an encroachment permit. I. Theatre Marquee Signs. In addition to the signage allowed in Section 17.27.090 in (Zoning District Standards), a sign with changeable copy that does not exceed 65 square feet may be permitted upon approval of a conditional use permit. J. Time and Temperature Devices. In addition to the signage allowed in Section 17.27.090 (Zoning District Standards) a time and temperature device that does not exceed eight square feet may be permitted. K. Wall Signs. 1. Area. Notwithstanding the standards in Section 17.27.090 (Zoning District Standards), a wall sign may be located on any primary or secondary building frontage according to the area limits established in Tables 17.27 -2, 17.27 -3 and 17.27 -4. . 2. Height. Below edge of roof. 3. Illumination. Internal or external lighting allowed subject to review. 4. Location. No sign mayproject from the surface to which it is attached more than required for construction purposes, and in no case more than 12 inches. No sign may interfere with the operation of a door or window. 20 L. Window Signs (Permanent). 1. Area. No more than 20 percent of each glazed area. 2. Height. Within the window frame. 3. Illumination. By conditional use permit. 4. Location. The first and second floors of a building only. 17.27.110 - Nonconforming signs. A. General Requirements. Signs which lawfully existed, were maintained and became nonconforming after the adoption date of the ordinance codified in this chapter that rendered such sign nonconforming, must be removed or made to conform within 30 days after written notice by the department in the following circumstances: 1. Where there is a land use change on the site; 2. When a request is made for an exterior alteration or remodel where site design and architectural review is required; 3. When a sign is damaged by any cause which results in replacement or repairs where the cost for replacement or repair is greater than fifty percent of its replacement value at the time the damage occurred; or 4. The sign is amortized in accordance with the Amortization Schedule Table. Table 17.27 -5: Amortization Schedule 200% Original Value (dollars) <500 500 to < 1,000 1,000 to < 3,000 3,000 to < 6,000 6,000 and above Amortization Period (years Two Three Five B. Multiple Signs. For the purpose of determining value when more than one nonconforming sign is located on a site, the original values will be aggregated. C. Value Determination. The original value of a sign shall be determined by any one of the following methods: 21 1. Appraisal in writing by a sign manufacturer; 2. Bill of sale; or 3. Description schedule from federal or state income tax return. 17.27.120 — Removal of signs A. Unsafe Signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property 15 days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage will be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of 30 days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with applicable law. B. Illegal signs. Any illegal sign must be removed or brought into conformity by the permit holder, property owner, or person in possession and control of the property following written notice from the director. Such notice must specify the nature of the violation, order the cessation of the use and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair may not be less than 15 days from the date of mailing the notice. The director's order may be appealed to the planning commission according to the procedure in Section 17.25.120 and following. C. Legal nonconforming signs - special circumstances. In accordance with California Business & Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. 17.27.130 - Enforcement. 22 A. The violation of any section of this chapter is an infraction and may be punished in accordance with the provisions set forth in Chapter 1.16(General Penalty) of this code. B. If the owner of any sign or sign structure fails or neglects to comply with provisions of this chapter, such noncompliance constitutes a public nuisance in accordance with the provisions of Chapter 1.24 (Nuisance Abatement) of this code and may be abated in the manner provided by such chapter. 17.27.140 — Appeals A. Any person seeking to appeal a decision of the director or planning commission granting or denying an application for issuance of a sign permit or sign program, revoking a permit or approval, or ordering the remediation or removal of a sign, may appeal such action in the manner provided by Article XII of Title 17 of this code commencing at Section 17.25.120. B. Any person dissatisfied with the final action taken by the planning commission or city council, as applicable, may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure section 1094.8. 23