HomeMy WebLinkAboutORDinance 291 Amending Saratoga City Code Article 15-30 Concerning Sign Regulations ORDINANCE NO. 291
AN ORDINANCE AMENDING SARATOGA CITY CODE
ARTICLE 15-30 CONCERNING SIGN REGULATIONS
"Tf-IE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
a. The regulation of signs is necessary to further the substantial governmental interests of the
City to protect the public health, safety, and general welfare as follows:
Findings. The City of Saratoga hereby finds that the regulation of signs is necessary to further the
substantial governmental interests of the City to protect the public health, safety, and general welfare.
As provided in the City's Vision Statement, Saratogans value the City's natural beauty, historic assets,
and small town residential character. Furthermore,the City recognizes the importance of protecting the
economic viability of the Village and other commercial areas in the City.
Signs serve a useful purpose in communicating a message, whether commercial or otherwise. Their
location, number, size, design and relationship to each other and to other structures have a significant
influence upon a community's appearance and welfare. Where signs are not properly regulated, they
conti•ibute to visual clutter which may have a negative effect upon a viewer's perception ofthe community
and impede rather than enhance commerce. Furthermore, signs can impact traffic safety by interfering
with necessary sight-distances or by distracting drivers, cyclists and pedestrians.
The regulations set forth in this Article will directly advance the public interest by preserving the
appearance of residential and commercial buildings and areas and circumventing unsafe placement of
signage and distraction to drivers or pedestrians.
The regulations are also designed to provide the greatest freedom of speech and expression consistent
with the City's substantial interests in aesthetics and traffic safety. Traditional methods of conveying
ideas, such as hand-held signs, window signs, and temporary signs, are allowed throughout the City
without a permit. The regulations do not discriminate among signs based on their messages. Where
pe�•mits are required, the regulations cabin the discretion of permitting authorities and provide an
expeditious timeline for decisionmaking. As a result, those seeking permits will have a clear
understanding of the requirements and there is no opportunity for permitting authorities to allow any
viewpoint or message bias to affect their permitting decisions.
The regulations also recognize that there are certain times when additional signage might be desirable or
necessary, such as when there is a special event, ongoing construction, or property for sale or lease, and
allow for additional signage during these times.Again,the content-neutral regulations do not require any
pai-ticular content to be placed on these signs, but the City has determined that, during these times,
additional signs would not have an adverse affect on the City's aesthetic and traffic safety interests.
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The City's General Plan identifies five main comuiercial areas in the City including the Village,Argonaut
Shopping Center, the Gateway, Quito Shopping Center, and the commercial uses between Saratoga
Avenue and Prospect Road (at Lawrence Expressway). The Sign Ordinance condenses these five areas
into four sign disti•ict at•eas by combining all of the commercial uses along Saratoga-Sunnyvale Road
including the Argonaut Shopping Center and the various centers located in the Gateway District into one
sign district;the Saratoga-Sunnyvale District.Professional-administrative offices are scattered throughout
the City and fall into one or more of the proposed sign districts.
The Village Sign District encompasses the Commercial-Historic (CH) zoning district which includes a
mix ofcommercial,office,and residential uses. Big Basin Way is a two-lane cor►•idor where a majority of
the storefronts abut the sidewalk with parking in the 1•ear.Thus,signage in the Village needs to reflect the
pedestrian-oriented enviconment. The additional allowance for projecting signs that hang over the
sidewalk at a perpendicular angle to the building help create a pedestrian flow as custome►•s walk between
buildings. Signs in the Village Sign Dist��ict are fucther guided by the Village Design Guidelines.
The three remaining sign districts encompass all of the land cui•rently zoned for Commet•cial-Visitor•,
Commercial-Neighborhood,and Pi•ofessional-Administrative development(i.e.,CV,CN,and PA). With
the exception of free-standing sign height,sign regulations are the same for commercial and professional
administrative uses in the three remaining sign districts.The Prospect Sign District borders San Jose and
primarily consists of commercial uses and larger existing signs in general;thus higher signs in this District
will not adversely affect the aesthetics of this area or create unsafe driving conditions. Moreove►•, the
average speed of drivers travelling on Prospect Road and Lawrence Expressway is generally highec than
other areas of the City. These higher speeds require larger signs for legibility. The lower height limit of
free-standing signs in the Saratoga-Sunnyvale District is a reflection of the speed and volume of t►•affic
along this major arterial along with the mix of residential and commercial uses. The fi•ee-standing sign
height limit in the Quito District is lower than the Prospect and Saratoga-Sunnyvale Districts due to the
lower traffic volumes as compared to the other two districts and the mix of residential, commercial, and
office uses along this corcidoi•. Signs in the Gateway area of the Saratoga-Sunnyvale District are further
guided by the Gateway Design Guidelines.
The allowable area of building signs in each of the sign districts is based on the lineal feet of building
frontage, so that signage is propot-tional to the building. This proportional approach also prevents the
appearance of clutter, as it spreads out signage along the streets in each district.
Free-standing signs are located on the ground and are typically erected to identify the business to passing
pedestrians and motorists, although the ordinance contains no limit on their content. Where multiple
businesses and other uses open io the public are located o�i a single lot,additional free-standing signage is
provided to allow these uses to identify each use in a fashion legible to passing pedestrians and motorists.
This additional signage will reduce the likelihood of traffic accidents and unsafe driving practices as
motorists search for their destinations. It will also reduce confusion of�passing pedestrians and motorists.
Many businesses cun•ently use electronic or neon signs to indicate when they are"open"or to identify the
type of services they offer (e.g., "nails"). While these types of signs are consistent with the economic
environment of commercial areas, their presence would be inconsistent with and intrusive to the mo►•e
tranquil environment of residential areas.
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The land outside of the four sign districts is primarily developed with agricultural, residential, and
community-facilities (i.e., AP, A, ROS, HR, R1, RM, MUPD, and CFS zoning districts). Community
facilities as defined in the Saratoga General Plan include institutional,public and quasi-public uses such
as churches,schools,city facilities, libraries,museums,gardens,and meeting halls for civic organizations.
These non-residential uses are scattered throughout the City's residential, agricultural, and open space
districts.They are generally located on larger lots and open to the public.As such,additional signs on the
properties where these uses are permitted are necessary to safely guide traffic and pedestrians to these
uses, and to limit the number of drivers who get lost looking for these uses. Drivers who are lost tend to
perform u-turns and conduct other potentially unsafe driving practices while trying to find their
destinations. Allowing additional signs on these community facilities will not undermine the overall
aesthetic value of the City because these uses are spread out among residential uses. In addition,the City
of Saratoga is largely built-out. Thus, it is unlikely that many additional community facilities will be
developed.Moreover,by allowing some additional signs on lots where non-residential uses are permitted,
as compared with lots with residential uses,the City does not intend to favor any particular viewpoint or
speakers over others.The City's sole purpose is to ensure that drivers safely reach their destinations while
balancing the aesthetic needs of the community where these non-residential uses are located.While there
is no requirement that this additional signage contain any particular content,the City wishes to ensure that
there is sufficient sign area allowed for these uses to identify themselves to the public for the reasons
discussed above. Moreover,the mere existence of additional permanent signage on lots with community
facilities would likely signal to drivers and others that the use is open to the public.
Signs located at the entrances to residential subdivisions and multi-family dwellings have a similar
purpose in enabling both the traveling public and emergency personnel to quickly locate these residential
areas foc the purpose of either visitation or responding to emergency calls.Although no particular content
is requii•ed on these signs,existing signs in the City often contain such identifying information.Moreover,
the ve�y presence of additional, permanent signage in these areas in residential neighborhoods tends to
indicate the location of an entrance to a subdivision or the location of multi-family dwellings.Allowing a
greater sign area on lots with multi-family dwellings is also consistent with free speech goals, given that
more potential speakers live in multi-family dwellings than in single family homes.
Traffic cont�•ol signs and devices erected by the City and other government entities are essential to the safe
functioning of City streets. The City frequently utilizes traffic control and warning or danger signs to
inform drivers and pedestrians of traffic regulations,hazards,construction work,special events,and other
information essential to the public's safe use of roads, buildings,and parks.These signs include"Stop,"
"Yield," "No U-Turn," "One Way," speed limit, and street name signs, among others. They must be
located immediately adjacent to the street or overhead. They must be visible to drivers and must be
located so that drivers can see and take notice of the sign's information in time to act,given the speeds at
which cars are travelling at a given location. Sometimes, they must be made of reflective material or
incorporate flashing lights so that they are visible to drivers at night. The City also erects and maintains
temporary traffic control signs and devices when engaged in road construction or maintenance work.
These signs typically inform drivers ofthe location ofthe City's work,direct traffic around the work site,
and notify drivers of reduced speeds. Such signs include "Lane Closed," "Detour," "Slow," "Men At
Work," etc. These signs are frequently located in the street or along the shoulder of the road where
construction or maintenance is occurring. In the event that the City needs to repair or maintain the City's
sidewalks, the City will erect signs notifying pedestrians of this work. Such signs include "Sidewalk
Closed," "Use Other Sidewalk,"etc. When sidewalks must be closed, these signs are located across the
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closed sidewalk to keep pedestrians from using the closed sidewalk. The City also erects and maintains
temporary traffic control and warning or danger signs when there has been an accident or other
emergency situation.These signs notify drivers that an accident has occurred and direct traffic around the
accident site. These signs include "Caution"and "Lane Closed" signs, among others.
These traffic control signs and devices are essential to the safe movement of traffic and pedestrians on
City streets and sidewalks. If the City could not use reflective or illuminated traffic control signs,drivers
and pedestrians would be placed in signi�cant danger because drivers would not see important
information—such as"Stop"signs,etc.—in time to react. If drivers cannot see this information in time to
react, they will be more likely to get into accidents with other drivers and pedestrians. Similarly, if the
City could not place signs in the road, along the shoulder, or blocking sidewalks, as needed, drivers and
pedestrians would be placed in significant danger. Traffic control, warning and danger signs must be
placed where drivers and pedestrians can see them. In the case of road construction or traffic accidents,
signs must be placed between oncoming traffic and the personnel working on the road(e.g.,construction
crews,emergency response workers). Ifthe City could not place signs in this way,these personnel would
be exposed to greater risk of being struck by oncoming traffic. "Sidewalk closed" signs are also more
effective if placed across the sidewalk to prevent passage. When thece is an emergency situation,such as a
car accident,the City must erect the appropriate traffic control,warning and danger signs quickly—within
minutes or hours—to effectively protect the safety of emergency response workers and the public. The
City could not effectively protect these workers and the public if it were required to obtain a sign pe►•mit
from the City Planning Department prior to erecting these traffic contc•ol signs and devices. For t►•affic
control signs to be effective, it is also important that their messages not be"drowned out"by other signs.
If the City allowed all speakers to erect illuminated,reflective signs along City streets and sidewalks,such
signs would distract drivers from the messages on the City's traffic control signs.This disti•action would
likely lead to an increase in accidents as drivers would not be adequately warned about ti•affic control
regulations and dangers.
Likewise, it is essential that governmental entities be allowed to erect utility location signs, utility
identification signs, and utility markers without a permit and in any location th►•oughout the City. Fot•
example, these signs tnay need to be located in the public right-of-way to alert the public of downed
power lines. They also tnust be made of bright, attention-getting material to alert the public of potential
dangers. Failure to alert the public of utility locations and dangers could result in serious injury.
There are certain types of signs, , that, by their very nature, are unattractive, intrusive, distracting, and
dangerous. These signs include, but are not limited to: obscene signs; signs that obstruct egress from
buildings; signs that conflict with traffic control signs or misdirect traffic; digital signs; signs made of
reflective material;signs incotporating flashing o��inoving�arts;mobile billboard advertising displays and
other types of advertising displays painted on vehicles; posters, placards, announcements, and
advertisements erected on fences,poles,trees,etc. in or upon the public right ofway.Similarly,attention-
getting devices attached to signs, such as streamers, balloons, flares, pennants,and twirlers, can create a
look of clutter as well as distract motorists if employed in great numbers.
b. The Sign Ordinance is consistent with Saratoga General Plan Land Use Element Goal LU 2
which provides that the City should encourage the economic viability of Saratoga's existing
commercial and office areas and their accessibility by residents, taking into account the
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impact on surrounding residential areas; General Plan Circulation Element Policy CI 6.6
which provides that City should enforce ordinances to prevent the use of non-conforming
roadside signs on all roads and highways within the City, whether erected by private
individuals or business enterprises; and the General Plan Safety Element Objective to
enhance the response to emergencies in a timely, coordinated manner.
c. Pursuant to the California Environmental Quality Act, the ordinance amendment is exempt
under CEQA Guidelines Section 15061(b)(3),where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA.
Section 2. Adoption.
The Saratoga City Code is hereby amended by repealing Article 15-30 in its entirety and
replacing it with the following text:
Article 15-30 - SIGNS
Sections:
15-30.010 - Purposes of Article 15-30
15-30.020 - Definitions
15-30.030 - General Provisions
15-30.040 - Sign Design Criteria
15-30.050 - Prohibited Signs
15-30.060 - Signs Allowed in Any Zoning District without a Sign Permit
15-30.070 - Village Sign District
15-30.080 - Prospect Sign District
15-30.090 - Quito Sign District
15-30.100 - Saratoga-Sunnyvale Sign District
15-30.110 - Temporary On-Site Signs on Lots in any Sign District
15-30.120—Signs on Lots with Institutional, Public, or Quasi-Public Uses
15-30.125 - Signs on Lots with Multi-Family Dwellings or Residential Subdivisions
15-30.130—Wall Signs on Lots Zoned Residential and Agricultural
15-30.135 - Temporary Off-Site Signs in Residential Districts
15-30.140 - Temporary On-Site Sign on Lots with Residential Properties Actively Marketed
for Sale or Lease
15-30.145 - Temporary On-Site Sign on Lots with Commercial Properties Actively
Marketed for Sale or Lease
15-30.150 - Sign Permits
15-30.160 - Sign Programs
1�-30.170 - Expiration, Extension, and Renewal of Sign Permit Approval
15-30.180 - Sign Alteration
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15-30.190 - Sign Conformance, Violations and Abatement of Illegal Signs
15-30.200 - Sign Permit Variance
15-30.210—Substitution Clause
15-30.220 - Severability
15-30.10 - Purposes of Article 15-30
The purposes of the regulations in this Article are to:
(a) Ensure high-quality designed signs are compatible with adjacent land uses and preserve
the residential character of the City;
(b) Prevent substandard sign generation and sign clutter which is counterproductive to
business and visually unattractive to the community;
(c) Direct persons to various activities and enterprises in the City;
(d) Protect the public safety and reduce traffic and safety hazards through proper location and
design of signs; and
(e) Provide a reasonable and constitutional system of sign control including the quantity,
type, placement, size, illumination and design of signs.
15-30.020— Detinitions
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context or provision clearly requires
otherwise:
(a) Active Construction means ongoing construction or remodeling under an active City
permit.
(b) Actively Marketed means currently marketed for sale or lease.
(c) Advertising Display or Advertising Sign means any sign promoting a business or the
sale of a good, service, or other commodity.
(d) A-Frame Sign means a sign with two sides that are adjoined at the top and sloping down
at opposite angles.
(e) Alteration means any change of size, shape, illumination, position, location, construction
or supporting structure of an existing sign.
(� Building Sign means a wall sign or a projecting sign.
(1) Wall sign means a sign that is erected, printed, painted, incorporated into,
suspended from or otherwise affixed to a wall or fascia of a building or structure with
the exposed face of the sign parallel to the plane of the wall.
(2) Projecting Sign means a sign that projects outward fi•om a building at a
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walkway.
(g) Business is defined in Section 4-OS-020 of this Code. No single tenant or building
occupant shall have more than one primary business at one location for the putposes of
this Article.
(h) City means the City of Saratoga, California.
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(i) Director means the Community Development Director or designee.
(j) Double Faced Sign means a sign with two faces, with each face oriented one hundred
eighty (180) degrees (back to back) from the other.
(k) Electronic Sign means a sign which uses electrified or luminous materials to display a
fixed graphic or message to the public.
(1) Free-Standing Sign means a self-supported sign either mounted on one pole (pole sign)
or mounted to the ground (monument sign).
(m) Hand-Held Sign means a sign that is held or carried by a person, rather than placed on
the ground or other support structure.
(n) Illuminated Sign means a sign illuminated by either internal or external lighting.
(1) Internally illuminated sign means a sign with a source of illumination that is
completely enclosed by the surface of the sign structure or the characters of the sign.
(2) Externally illuminated sign means a sign with a source of illumination that is
not completely enclosed by any portion of the sign.
(3) Halo-Lit sign means a sign in which the light reflects back off the solid face of
the sign or channel cut letter, and onto the facade of the building to give it a halo
effect.
(o) Mobile Billboard Advertising Display means an advertising display that is attached to a
wheeled, mobile, non-motorized vehicle that carries,pulls, or transports a sign or
billboard and is used for the primary purpose of advertising.
(p) Multi-Family Dwelling is defined in subsection 15-06.240(c) of this Code.
(q) Non-Commercial Sign or Message means a sign or message other than an advertising
display or sign.
(r) Off-site Sign means an advertising sign that identifies or advertises a location, service,
activity, or good sold elsewhere than upon the same site where such a sign is displayed.
(s) On-site Sign means an advertising sign that identifies or advertises an establishment,
service or activity that is or will be provided on the same premises.
(t) Permanent Sign means a sign that is constructed to be used for an unlimited period of
time and that is affixed to the ground, wall, or building in a permanent manner.
(u) Sign means any structure or material that is used to advertise, announce, identify, direct
attention to, or communicate a message, and which is visible from any adjacent property,
public right-of-way, or public parking lot. The word "sign" includes but is not limited to
any letter, writing, graphic, pictorial representation, logo, trademark, symbol, or any
other figure. The word "sign" includes but is not limited to a banner, building sign,
canopy sign, awning sign, fi•ee-standing sign, subdivision sign, and window sign. A
mural, sculpture, or seasonal decoration that does not promote or advertise a commercial
event, service for hire, or product for sale is not a"sign" for purposes of this Article.
(v) Sign District means a designated area within the City of Saratoga within which certain
regulations apply to signs erected, installed, or retained. The sign districts include
permitted non-residential uses other than institutional, public, and quasi-public uses. A
map of the sign districts is available at the Community Development Department.
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(1) i�illage Sign District. This sign district includes all lots with permitted non-
residential uses on Big Basin Way.
(2) Quito Sign District. This sign district includes all lots with permitted non-
residential uses on Cox Avenue, Village Drive, and Saratoga Avenue between Cox
Avenue and V ineyard Lane.
(3) Prospect Sign District. This sign district includes all lots with peimitted non-
residential uses on Prospect Road between Lawrence Expressway and Saratoga
Avenue.
(4) Saratoga-Sunnyvale Sign District. This sign district includes all lots with
permitted non-residential uses on:
a. Saratoga-Sunnyvale Road between Prospect Avenue and Aloha Avenue.
b. Prospect Road between Saratoga-Sunnyvale Road and the Highway 85 underpass.
c. Saratoga Avenue between Park Place and the intersection of Saratoga-Sunnyvale
Road and Saratoga-Los-Gatos Road.
d. Saratoga-Sunnyvale Road between Prospect Avenue and the train tracks (north of
Manor Drive).
(w) Sign Program means a master plan for signage approved by the Planning Commission
pertaining but not limited to the area, dimension, color, material, design, size,
placement, and illumination of all signs to be erected or installed on a building(s) oi• lot.
(x) Street Frontage means the property line of a site abutting a street.
(y) Temporary Sign means a sign that is displayed for a limited period of time.
(z) Tenant Frontage means the width of tenant space, measured in lineal feet, where the
most-traveled customer entrance to an individual establishment is located. If the tenant
space is located on the corner of a building facing either a street, driveway, or parking
lot, the width of both sides of the tenant space may be used for calculating allowable
sign area.
(aa) Traffic Control Sign or Device means any non-advertising sign, signal, marking or
device used for the puipose of regulating, warning or guiding traffic, parking, loading, or
pedestrian movement.
(bb) Use means the primary function of an establishment, institution or other entity operating
at a site or structure. No single business shall have more than one primary function for
the purposes of this Article.
(cc) Windo�v Sign means a sign that is displayed on a��indo«�, or«�ithin fivP (5) feet of a
window, and is visible from a street, walkway, parking lot, or other place that is
accessible to the public.
15-30.030 - General Provisions
(a) General Compliance. No sign shall be erected, installed, altered or maintained in the
City, including within or upon public and private streets therein, except in conformity with
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the provisions of this Article, and the particular regulations of the district in which the sign is
located.
(b) Construction Standards. All signs shall be constructed in such manner as to protect the
public safety. Construction of permanent signs shall be as set forth in the latest edition of the
California Building Code or other construction standard adopted by the City.
(c) Street Intersections. No sign or sign element exceeding three feet in height shall be
located within a triangle having sides fifty feet in length from a street intersection (as
measured from intersecting curblines or intersecting edges of the street pavement where no
curb exists) unless otherwise approved by the City.
(d) Driveway Intersections. No sign or sign element exceeding three feet in height shall be
located within a triangle having sides twelve feet in length from either side of a driveway
where it intersects with edge of pavement.
(e) Site Restriction. All signs advertising a good, service, or any other commercial activity
shall be located on the same lot as the business or entity selling the good, offering the service,
or engaging in the advertised commercial activity, except as otherwise expressly provided in
this Article. This restriction does not apply to signs displaying only non-commercial
messages.
(� Multiple Uses on Same Site. The allowable area of signage for a single use shall not
exceed the maximum allowable area of signage for that individual use, regardless of the
amount of signage allowed for others uses on the site.
(g) Reduction of Sign Area, Height, Type, and Number. The regulations concerning sign
area, height, type, or number, do not confer upon any person the right to erect, install or
maintain a sign or signs having such maximum area, height, type, or number. The approving
authority may require that the area, height, type, or number of sign(s) be reduced below the
maximum set forth herein, based upon a written finding that such reduction is necessary to
satisfy the criteria set forth in this Article. The approving authority shall not consider the
content of the proposed sign in making this finding.
(h) Legibility. All signs shall be legible under normal viewing conditions.
(i) Maintenance of Signs.
(1) All signs shall be maintained in a secure and safe condition.
(2) All signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, torn and
tattered materials, or other surface deterioration.
(3) Illuminated signs shall function as designed and permitted.
(4) Signs that are not maintained in accordance with subsections 15-30.030(i)(1)-(3), whether
conforming or legal nonconforming as defined in Section 15-30.190(b), shall be subject
to abatement in accordance with this Article.
(j) Application of Article.. Notwithstanding Section 15-30-05.030 of this Code, this Article
shall apply to City property.
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15-30.040 - llesign Criteria
(a) Size of Letters. Unless otherwise authorized in this Article, no sign shall have letters
greater than eighteen inches in any dimension.
(b) Sign Height is calculated by measuring the vertical distance from the average ground
level directly beneath the sign to the highest point at the top of the sign. All architectural and
design elements, poles, posts, and other supporting structures are included in the calculation
of height.
(c) Sign Area means the area of the smallest rectangle drawn to include all sign copy (e.g.,
letters, characters, symbols, graphics, logos). Where the sign copy is placed upon a sign board
or other background surface, the exposed board or background surface shall be calculated in
the sign area.
(d) Sign Materials. All permanent signs shall be constructed and maintained with high
quality all-weather wood, metal, or durable synthetic materials, unless otherwise specified
under this Article. Signs allowed under Section 15-30.060 may be made of any material,
unless otherwise specified in this Article.
(e) Illuminated Signs. All permanent building and free standing signs may be either
illuminated or non-illuminated, provided that illuminated signs must be approved by the
Planning Commission pursuant to Subsection 15-30.150(c) or 15-30.160. No temporary sign
may be illuminated unless specifically provided in this Article. All illuminated signs shall
comply with the following, unless otherwise specified under a sign program:
(1) The primary source of light shall not be visible from off the property.
(2) The sign shall not cause annoying glare.
(3) The sign may be subject to conditions, including, but not limited to, the intensity, type,
location, and the time during which the sign may be illuminated.
(4) Illuminated building signs in the Village Sign District shall be externally illuminated,
halo-lit solid surface, or internally illuminated individual channel cut letters.
(5) Illuminated building signs in the Prospect Sign District, Quito Sign District, and
Saratoga-Sunnyvale Sign District shall either be externally illuminated, halo-lit, or
internally illuminated individual channel cut letters.
(6) Illuminated cabinet signs are not permitted except as provided for elsewhere in this
Article.
(� �Y•ee-Sta�di�ig Signs.
(1) Monument signs may be mounted directly on the ground or on two posts where the posts
supporting the sign are no more than two feet high, as measut�ed from the ground to the
bottom of the sign.
(2) Pole signs are mounted directly on one pole. The pole supporting the sign shall not extend
more than two feet above the top of the sign.
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(g) Sign Projection. No sign shall extend above the ridge line of the building upon which it
is located. No sign shall project over a public right-of-way (e.g., sidewalk, street, alley),
unless otherwise authorized in this Article.
15-30.050 - Prohibited Signs
'I,he following signs are prohibited everywhere within the City:
(a) Signs made of reflective material, and signs incorporating flashing or moving parts,
except for traffic control signs or devices erected by a governmental entity. Televisions or
monitors less than three (3) square feet in area are excluded from this prohibition.
(b) Mobile billboard advertising displays.
(c) Advertising displays that are painted or attached to a vehicle parked on any property for
more than 48 hours within a one week period, if the sign is larger than 20% of the body panel
(e.g. door, hood, roo� on which it is located.
(d) Streamers, balloons, flares, pennants, twirlers and similar attention-getting�devices on or
incorporated into any advertising display.
(e) Posters, placards, announcements, and advertisements that are erected on any fence, pole,
tree, pavement, wall, bus stop, bench, or any other object permanently affixed in or upon a
public highway, public street or public right-of-way.
(� Obscene signs, which are defined as signs containing depictions or representations which
(a) taken as a whole, the average person, applying contemporary community standards, would
find appeals to the prurient interest; (b) depict or describe, in a patently offensive way, sexual
conduct specifically defined by California law; and (c) taken as a whole, lack serious literary,
artistic, political, or scientific value.
(g) Signs that obstruct any door, window, fire escape or other egress path from any building.
(h) Signs or sign structures that conflict with traffic control signs or devices; interfere with,
obstruct, or misdirect traffic; impede pedestrian movement; obstruct the clear view of
vehicular or pedestrian traffic; or otherwise create a pedestrian or vehicular safety hazard.
(i) Any signs other than those allowed by this Article.
15-30.060—Signs Allowed in Any Zoning District Without a Sign Permit
The following signs are allowed without a sign permit in any zoning district in the City.
(a) Flags, provided that they display only non-commercial messages. The aggregate area of
all flags displayed on any lot shall not exceed 30 square feet. No flagpole shall be higher than
25 feet.
(b) Hand-Held Signs displaying non-commercial messages.
(c) Window Signs, provided that the signs do not comprise more than 25% of the area of any
individual window.
(d) Temporary Special Event Signs included with a Special Event Permit issued per City
Code Article 10-10. There shall be no more than eight temporary signs per event and no
individual sign shall exceed ten (10) feet in height and sixty (60) square feet in area.
11
(e) Temporary Non�Commercial Signs (including but not limited to election signs),
provided that:
(1) No sign shall be displayed for more than seventy-five (75) cumulative days within a one
year period.
(2) No sign shall exceed four (4) square feet in area and four(4) feet in height.
(3) The sign shall not be illuininated.
(4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the
ground.
(5) A temporary, non-commercial sign located on private property may incorporate balloons,
ribbons, streamers, or other attention-getting devices, provided these devices are not
displayed for more than 24 consecutive hours at a time, nor more than six 24-hour periods
in any one year.
(6) No signs shall be located on private property without the permission of the property
owner.
(7) No sign shall be located on any median, street, travel lane or on any sidewalk where it
impedes pedestrian travel.
(� Temporary Signs on Lots with Active Construction. In addition to the temporaiy, non-
commercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary, non-
illuminated on-site or non-commercial signs on any active construction site, provided that:
(1) The sign shall be located on the same lot as the construction project.
(2) One sign may be free-standing, but in such case shall not exceed six (6) feet in height.
(3) One sign may be located on a construction fence.
(4) No sign shall exceed 15 square feet in area.
(g) Banners on Light Poles erected or co-sponsored by a governmental entity.
(h) Traffic control signs and devices erected by a government entity. Lots with a parking
area exceeding ten spaces may have up to four (4) signs for every 10 parking spaces, where
each sign shall not exceed two (2) square feet in at�ea and four (4) feet in height.
(i) Utility location signs, utility identification signs, and utility markers erected by a
governmental entity.
(j) City Entrance Signs. One permanent sign adjacent to an arterial street at each entrance
to the City. The total sign area of each sign shall not exceed 50 square feet.
15-30.070—Village Sign llistrict
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in the Villa�e Si�n District with a si�n permit. Si�ns on lots in the Village Sign District shall also
be consistent with the Village Design Guidelines.
(a) Building Signs.
(1) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half
12
square foot of area for each lineal foot of tenant frontage, as defined in Section 15-
30.020, or 40 square feet, whichever is less.
(2) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the
building.
(b) Projecting Sign. If one of the primary building signs permitted pursuant to subsection
15-30.fl70(a)(1) is a projecting sign, the maximum area for all building signs upon any one
building shall be increased by six (6) square feet. However, no projecting sign permitted
pursuant to this section shall exceed 10 square feet in area and the bottom of the sign shall be
at least seven (7) feet above the grade below. An example of a projecting sign is shown in
Graphic 1.
H 2'H
S�gn � I .--► 5°.---►
Copy 5> � (� Awning
I�
I S�gn 2
� Copy 2'
� ' A �
7' TT11T11111UTT1 �
p above grade � '�
^, 7' minimum
� � above grade
�
a.
�'
00
Graphic 1: Projecting Signs
Gi�ade (Example only,not to scale)
W v
(c) Electronic Sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square
feet in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
13
(d) Free-Standing Sign. One permanent free-standing sign per lot, as follows:
(1) Four (4) or Fewer Uses. The sign shall only be a pole sign and shall not exceed nine (9)
square feet in area or ten (10) feet in height. An example is shown in graphic 2.
(2) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 14
square feet in area, plus one (1) additional square foot of area for each additional use over
five (5) uses. The sign shall not exceed 6.5 feet in height.
� w ♦
� 10' ,
9 SF
. i
•iphic 2: Pole Sign Examples
�ample Only,not to scale)
r
15-30.080 -Prospect Sign District
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in the Prospect Sign District with a sign permit.
(a) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half square
foot of area for each lineal foot of tenant frontage, as defined in section 15-30.020, or 40
square feet, whichever is less.
(b) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the building.
(c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square
feet in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The �ign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign, as follows:
(1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 17 feet in
height.
14
(2) Three (3) or Four(4) Uses. The sign shall not exceed 25 square feet in area or 17 feet in
height.
(3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40
square feet in area or 10 feet in height.
(e) Illuminated cabinet signs.
15-30.090 - Quito Sign District
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in the Quito Sign District with a sign permit.
(a) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half square
foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or 40
square feet, whichever is less.
(b) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the building.
(c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square
feet in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign, as follows:
(1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 10 feet in
height.
(2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 10 feet in
height.
(3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40
square feet in area or 10 feet in height.
15-30.100 - Saratoga-Sunnyvale Sign District
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with non-residential uses in the Saratoga-Sunnyvale Sign District with a sign permit. Signs on
lots located in the Saratoga-Sunnyvale Road Gateway area shall also be consistent with the
Gateway Design Guidelines.
(a) Primary Building Signs. Any number of pern�anent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half square
foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or 40
square feet, whichever is less.
15
(b) Wall Signs on Buildings with IVlore than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the building.
(c) Electronic sign. One electronic sign(e.g., neon or L.E.D.), not exceeding two (2) square feet
in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign, as follows:
(1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 12 feet in
height.
(2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 12 feet in
height.
(3) Five (5) or More Uses. The sign shall only be a monuinent sign and shall not exceed 40
square feet in area or 10 feet in height.
15-30.110 —Temporary On-Site Signs on Lots in Any Sign District
In addition to other signs allowed pursuant to this Article, temporary signs that comply with the
following standards are allowed on lots in any of the four sign districts without a permit:
(a) One temporary banner or free standing on-site sign, provided that:
(1) Temporary on-site banner shall comply with the following:
a. The banner shall only be placed on a building.
b. The banner shall not exceed 10 square feet in area.
c. The banner shall be constructed of durable all-weather fabric or synthetic material.
d. Each lot shall be free of temporary on-site banners at least 180 days in a calendar
year.
e. No individual temporary on-site banner shall be displayed more than 30
consecutive days.
(2) Temporary on-site free-standing sign (including but not limited to A-frame type sign)
shall comply with the following:
a. The sign shall only be located within 10 feet from the primaiy entrance to the building
and shall not impede pedestrian traveL
h Tha cinn chall nnt axrParl cix (hl cnitarP fPPt in at'efl a11[� fnllf �4� feet lri IlelEllt.
v. ...., .,.b.. .,....... ..... ..........» .,_._ �..� .,Z��-- ---- --- ------ ----- -- -- . �
c. The sign shall not be affixed to any tree or structure.
d. The sign shall only be displayed when the business is open.
e. The sign shall be constructed of durable all-weather wood, metal, and/or blackboard.
(b) No business shall display more than one temporary on-site sign at any one time.
(c) No temporary on-site sign shall be located within 10 feet of another temporary sign.
16
(d) No temporary on-site sign shall be illuminated.
(e) No temporary on-site sign shall include balloons, ribbons, streamers, or other attention-
getting devices.
(� No temporary on-site sign shall be located on any median, street, or travel lane, or upon
any sidewalk where it impedes pedestrian travel.
15-30.120—Signs on Lots with Institutional, Public, or Quasi-Public Uses.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with an Institutional, Public, or Quasi-Public use anywhere in the City.
(a) Building Signs: Any number of permanent building sign(s) on any lot are allowed with a
sign permit, provided that:
(1) The aggregate area of all permanent building sign(s) shall not exceed 40 square feet.
(2) No individual permanent building sign shall be greater than 10 square feet in area.
(b) Free-Standing Signs: Up to two permanent free-standing sign(s) per street frontage, or
one permanent free-standing sign per driveway, whichever is greater are allowed with a sign
permit provided that:
(1) The aggregate area of all permanent free-standing sign(s) shall not exceed 40 square feet.
(2) No individual permanent free-standing sign shall exceed 10 feet in height and the
aggregate height of all such signs shall not exceed 15 feet.
(c) Temporary Signs: On-site temporary signs are allowed without a sign permit, provided
that the aggregate area of all such signs shall not exceed 40 square feet or one-eighth square
foot of area for each lineal foot of street frontage, whichever is greater. In no case, shall the
aggregate total of all temporary on-site signs exceed 80 square feet. If the property has more
than one street frontage, the total area of on-site temporary signs shall be proportional to the
lineal feet of such street frontage.
(1) No individual temporary on-site sign shall be displayed on a building for more than 30
consecutive days.
(2) Up to two temporary on-site signs may be displayed on a single permanent free-standing
dark colored durable all-weather wood or metal frame structure.
a. The maximum height of the structure shall be six (6) feet.
b. One structure may be located on each street frontage.
c. No individual sign shall be displayed on such free-standing structure for more
than 180 consecutive days.
15-30.125 - Signs on Lots with Multi-Family Dwellings or Residential Subdivisions
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with multi-family dwellings or residential subdivisions with a permit.
(a) Up to two permanent free-standing signs per multi-family complex or subdivision,
provided that:
(1) The aggregate sign area shall not exceed 24 square feet in area and the height of each sign
shall not exceed six (6) feet.
17
(2) The sign shall be located at the entrance to the multi-family dwelling complex or
subdivision.
15-30.130 - Wall Signs on Lots Zoned Residential and Agricultural
In addition to other signs allowed pursuant to this Article, one permanent non-illuminated wall
sign not exceeding two (2) square feet in area is allowed on lots zoned Residential or
Agricultural without a permit.
15-30.135 -Temporary Off-Site Signs in Residential Districts
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in residential districts without a permit.
(a) Any number of temporary off-site signs (including but not limited to real estate open
house signs) are allowed, provided that:
(1) No individual sign shall exceed two (2) square feet in area and three (3) feet in height.
(2) No more than two identical signs per intersection shall be displayed.
(3) The signs shall only be displayed between dawn and dusk.
(4) No sign shall include balloons, ribbons, streamer•s, or other attention-getting devices.
(5) No off-site signs shall be located on property without the permission of the property
owner.
(6) No sign shall be located on any median, street, travel lane or on any sidewalk where it
impedes pedestrian travel.
15-30.140 -Temporary On-Site Sign on Lots with Residential Properties Actively Marketed
for Sale or Lease
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with residential properties actively marketed for sale or lease without a permit.
(a) One temporary on-site sign may be located on a property that is actively marketed for sale
or lease, provided that:
(1) The sign shall not exceed four (4) square feet in area and six (6) feet in height.
(2) The sign shall not include balloons, ribbons, streamers, or other attention-getting devices.
15-30.145 - Temporary On-Site Sign on Lots with Commercial Properties Actively
Niarkeieci ior �ale or I.ease
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with commercial properties actively marketed for sale or lease without a permit.
(a) One temporary on-site sign per use may be located on a property that is actively mar�keted
for sale or lease, provided that:
(1) The sign area for any one use shall not exceed 10 square feet. If the sign is
advertising three or more uses, it shall not exceed 24 square feet in area.
(2) No sign shall exceed six (6) feet in height.
18
(3) No sign shall include balloons, ribbons, streamers, or other attention-getting
devices.
15-30.150 - Sign Permit
(a) Sign Permit Application Requirements. An application for a sign permit shall be made
to the Community Development Department in accordance with this Article and shall contain
the following information, as applicable:
(1) A site plan showing the lot on which the proposed sign(s) will be located, adj acent land
uses, streets, and parking lots; the location of off-street parking and loading spaces; major
points of entry and exit for motor vehicles; existing or proposed buildings and structures
on the site; the primary entrance to the building; the lineal feet of tenant frontage(s) used
for calculating sign area; and the location of all existing and proposed signs on the
building(s) or ground.
(2) A scaled elevation drawing showing the building(s) upon which the proposed sign(s) will
be located; the lineal feet of the tenant frontage(s) used for calculating sign area; and the
placement and dimensions, including height, of all existing and proposed signs on the
building(s) or ground.
(3) A scale drawing showing the size, height, sign dimensions, letter dimensions, colors,
materials and general design and construction of the proposed sign(s) or sign structure(s).
If a sign is to be illuminated, the method, source, intensity, and placement of illumination.
(4) A table showing the dimensions and area for each existing or proposed sign on the lot and
the aggregate area of all existing and proposed signs on the lot.
(5) Such other information as the Director or the Planning Commission may require in
determining whether the proposed sign(s) will comply with the regulations and standards
of the City; provided, however, that the Director and the Planning Commission shall not
consider the content of any proposed sign in determining whether additional information
is required.
(b) Administrative Review.
(1) The Director shall review and approve or deny, pursuant to this Article and the findings
in subsection 15-30.150(e), sign permits for each of the following types of signs.
a. Any sign that is located on a property that is consistent with an approved sign
program.
b. Any non-illuminated building sign that does not require a sign program.
(2) An administrative sign permit may be issued as soon as the application is found complete.
(3) The Director may refer any sign permit application to the Planning Commission for its
review. If the Director refers an application, he/she shall provide the applicant with
his/her reasons for the referral in writing.
(c) Planning Commission Review.
(1) The Planning Commission shall review and approve or deny, pursuant to this Article and
the findings in subsection 15-30.150(e), a sign permit for each of the following types of
signs.
a. Illuminated signs that are not already subject to a Sign Program.
19
b. Free-standing signs that are not already subject to a Sign Program.
c. All Signs on lots with five (5) or more businesses or other uses that are not
already subject to a Sign Program.
d. Any application for a sign permit referred by the Director to the Planning
Commission for a decision thereon.
(d) Public Hearing. A public hearing is required for any new Sign Program and all free-
standing signs over six (6) feet in height. Notice of the public hearing shall be given not less
than 10 days nor more than 30 days prior to the date of the hearing by mailing, postage
prepaid, to the applicant and to all persons whose names appear on the latest available
assessment roll of the County as owning property within 500 feet of the boundaries of the
parcel which is the subject of the application. Notice of the public hearing shall also be
published once in a newspaper having general circulation in the City not later than 10 days
prior to the date of the hearing.
(e) Sign Permit Findings. A sign permit shall be granted if and only if all of the following
findings are made:
(1) Each sign complies with the regulations of this Article, including but not limited to the
provisions set forth in Sections 15-30.030 and 15-30.040; and
(2) Each sign is consistent with any approved sign program for the subject site; and
(3) Each sign is consistent with the applicable Specific Plan and/or Design Guidelines for the
subject district; and
(4) The quantity, size, proportion, height, and spacing of signs minimizes the perception of
clutter; and
(5) Each sign is compatible with: a) other nearby signs; and b) the building and/or site upon
which it is located; and c) adjacent structures and the general vicinity. Compatibility shall
be determined and limited to the relationships of the elements of form, proportion, scale,
color, materials, surface treatment, overall sign size, and the size and style of lettering.
(� Prompt Review. The City shall comply with California Government Code §65920
through §65965 and Public Resources Code §21151.5, including the time limits contained
therein. Within 30 days after receipt of an application for a sign permit, the Director shall
inform the applicant in writing if the application is incomplete and will list the submittals
required to complete the application. If the Director does not notify the applicant within 30
days after receipt that the application is incomplete, then the application will be deemed
complete.
(g) Application �Sp�rovai. If a proposed sign complies with the requirements of this Article,
the reviewing body shall grant the requested sign permit. If a proposed sign does not comply
with the requirements of this Article, the reviewing body shall either deny the requested sign
permit or grant it subject to conditions that will bring the sign into conformance with this
Article. Any denial or conditional grant of a sign permit shall be accompanied by written
findings stating the reasons for the denial or conditional permit.
(h) Appeal. A decision or determination made under this Article may be appealed in
accordance with the procedure set foi-th in Article 15-90 of this Chapter.
20
(i) Sign Permit Revocation. The City shall reserve continuing jurisdiction over a sign
permit and may revoke the same upon any failure by the permittee to comply with any
condition set forth therein.
15-30.160 - Sign Program
(a) Purpose. The purpose of a Sign Program is to achieve a consistent theme and visual
harmony among all permanent signs erected on a single lot. In order to achieve this purpose,
a Sign Program may include exceptions to the requirements contained in this Article limiting
the number and size of individual permanent signs erected and maintained on any one lot, as
well as their design features (including but not limited to illumination, color, material, letter
size, height etc.), upon making the findings in subsection 15-30.160(e).
(b) Eligibility. Any property owner may apply for a Sign Program. All advertising signs on
lots with five (5) or more uses shall be regulated under a Sign Program. If such a property
does not have a Sign Program, the property owner shall receive approval for a Sign Program
prior to installation of any new permanent advertising signs or the alteration of any existing
permanent advertising signs.
(c) Sign Program Application Review.
(1) The Planning Commission shall review and approve or deny, pursuant to this Article and
the findings in Subsection 15-30.160(e), all Sign Program applications.
(2) A public hearing is required for all new Sign Programs, pursuant to Subsection 15-
30.150(d).
(3) The Planning Commission shall comply with California Government Code § 65920
through § 65965 and Public Resources Code § 21151.5, including the time limits
contained therein, in reviewing Sign Program applications. Within 30 days after receipt of
an application for a Sign Program, the Director shall inform the applicant in writing if the
application is incomplete and will list the submittals required to complete the application.
If the Director does not notify the applicant within 30 days after receipt that the
application is incomplete, then the application will be deemed complete.
(d) Sign Program Application Requirements. An application for a Sign Program shall
include all of the following information:
(1) All of the information required under subsection 15-30.150(a) of this Article.
(2) Theme. A graphical representation of the visual theme of the Sign Program including
how individual signs will relate to one another through common elements such as size,
shape, material, color, location, illumination, letter style, or letter size.
(3) Sign Area Distribution. A description of the total sign area allowed under the proposed
Sign Program will be distributed, e.g., the area will be limited by the square footage of
tenant space or an anchor tenant will be allowed a larger percentage of area than other
tenants.
(e) Sign Program Findings. The Planning Commission shall grant approval of a Sign
Pi•ogram if and only if all of the following findings are made:
21
(1) The total area of all permanent signs governed by the Sign Program is not greater than the
total area of all permanent signs otherwise allowed on the lot by this Article.
(2) All signs in the Sign Program are consistent with the applicable Specific Plan and/or
Design Guidelines for the subject disri�ict; and
(3) The quantity, size, proportion, height, and spacing of signs minimizes the perception of
clutter; and
(4) The signs governed by the Sign Program are compatible with: a) other nearby signs; b)
the building and/or site upon which it is located; and c) adjacent structures and the
general vicinity. Compatibility shall be determined and limited to the relationships of the
elements of form, pt•oportion, scale, color, materials, surface treatment, overall sign size
and height, and the size and style of lettering.
(� Sign Program Approval. If a proposed Sign Program complies with the requirements of
this Article, the reviewing body shall grant the requested Sign Program. If a proposed sign
does not comply with the requirements of this Article, the reviewing body shall either deny
the requested Sign Program or approve it subject to conditions that will bring the Sign
Program into conformance with this Article. Any denial or conditional approval of a Sign
Program shall be accompanied by written findings stating the reasons for the denial or
conditional approval.
(g) Appeal. A decision or determination made under this Article may be appealed in
accordance with the procedure set forth in Article 15-90 of this Chapter.
(h) Sign Program Revocation. The City shall reserve continuing jurisdiction over a Sign
Program and may revoke the same upon any failure by the permittee to comply with any
condition set forth therein.
(i) Implementation.
(1) Existing signs must be brought into compliance with an applicable Sign Program upon
alteration, as defined in Section 15-30.020.
(2) All new signs, including replacement signs, shall comply with the Sign Pt•ogram.
(j) Modifications. Any modifications to a Sign Program shall require a new application.
15-30.170—Expiration, Extension, and Renewal of Sign Permit Approval
(a) Expiration. An application approved in accordance with this Article shall be deemed to
have expired, when any of the following occurs:
(1) When a sign permitted by the approved sign permit or sign program has not been erected
within three (3) veais of approval, or for signs associated with other land use approvals
within the maximum time limit of the land use approval. The time period, within which a
project must be commenced starts on the effective date of a decision approving a project
or the end of the appeal period, whichever is longer. When there is an appeal, the
effective date is the date of the final determination of the appeal.
(2) When a building permit for the sign has expired, and the Building Official does not renew
the building permit within one hundred eighty days after expiration.
22
(3) When a business, that has obtained a sign permit to erect or maintain a sign at a certain
location, has been closed at such location for a period of at least one (1) year.
(b) Extension. The Community Development Director may extend a sign permit for a single
period of twelve months if an application for extension is filed no earlier than three months
prior to the expiration date and no later than one month prior to the expiration date.
(c) Renewal. Any approved application which has been allowed to expire shall be subject to
the filing of a new application pursuant to this Article.
15-30.180—Sign Alteration
(a) No person shall alter a sign unless the alteration conforms to this Article.
(b) Any sign erected or displayed pursuant to a sign permit must obtain a new sign permit for
any alteration.
(c) Replacement of the sign face shall be considered an alteration, unless such replacement
results in a sign that is�visually identical to the original sign.
15-30.190 —Sign Conformance, Violations and Abatement of Illegal signs
(a) Illegal Signs. Any sign, including its supporting structure, other than a legal non-
conforming sign, as defined in subsection 15-30.190(b), that is in violation of this Article
shall be deemed to be a public nuisance and shall be made to conform or removed by the
owner of the property on which it is located upon thirty (30) days written notice by the City.
(b) Legal Non-Conforming Signs. A "legal nonconforming sign" is a permanent sign that
was in existence on the effective date of the ordinance adopting this Article and that does not
conform to the provisions of this Article.
(1) A permanent"legal nonconforming sign" shall not be considered an "illegal sign", or in
violation of this Article, or required to be removed or made to conform, unless:
a. It is altered or relocated, or
b. A conditional use permit for a new use, or design review pursuant to City Code
Section 15-46.060, is required for the property on which the "legal nonconforming
sign" is located.
(2) Temporary signs and window signs are not considered permanent legal non-conforming
signs for the purposes of this Article.
(3) The owner of the sign shall bear the burden of demonstrating to the Director that the sign
was in existence on the effective date of the ordinance adopting this Article, and the
Director's determination shall be final.
(4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the
maintenance requirements of Subsection 15-30.030(i).
(c) Signs on Public Property. Any sign located upon or affixed to any public property in
violation of the provisions of this Article is subject to removal, upon giving at least three
days' prior written notice of such violation and intended removal to the sign owner. If the
sign owner cannot be ascertained or found after reasonable efforts to do so, the notice shall be
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posted upon the sign for a period of at least three days prior to the removal of the sign. Any
such sign that constitutes an immediate and substantial hazard to the public health or safety
may be promptly abated and removed with written notice of the removal provided to the sign
owner, or without notice if the owner cannot be promptly ascertained.
(d) Sign Removal. Except as provided in subsection 15-30.190(b), all signs presently
existing and not in conformity with the provisions of this Article constitute a violation of this
Code and shall be removed or made to conform to the provisions of this Article.
(1) Any sign removed pursuant to this Article will be retained by the City for a period of at
least ten days, during which the sign owner may retrieve the sign upon payment of all
removal costs or an administrative fine established by the City Council, whichever is
greater. Any person desiring to contest such payment may request a hearing before the
Community Development Director, who shall waive the payment if he determines that the
sign did not violate any provisions of this Article. The decision of the Community
Development Director can be appealed to the City Council.
(2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have
been abandoned by the owner thereof and may be destroyed or otherwise disposed of by
the City. The City shall have the right to recover from the owner of such sign all removal
and destruction costs.
(e) Each sign found to be in violation of any provision of this Article shall constitute a
separate violation of this Code.
(� The enforcement of sign regulations pursuant to this Section shall be in addition to any
other rights and remedies available to the City under Chapter 3 of this Code by reason of the
same violation.
15-30.200 —Sign Permit Variance.
(a) The Planning Commission shall grant a variance to any of the size, design or temporal
requirements contained in this Article if and only if all of the following findings a1�e made:
(1) Strict compliance with the size, design, or temporal requirements would r•esult in practical
difficulty or unnecessary hardship inconsistent with the purposes of this Article, due to
unique physical or topographic circumstances or conditions of design; and
(2) Strict compliance with the size, design, or temporal requirements would deprive the
applicant of privileges enjoyed by owners of similarly zoned property.
(3) The extent of the variance from the requirements of this Article shall be limited to that
reasonably necessary to alleviate the problem created by the unique ot•unusual
circumstances or conditions identified pursuant to subsection (a)(1), above.
(b) No other provision in the Municipal Code authorizing a variance or exception to the
City's zoning regulations shall apply to the requirements of this Article.
(c) Within 30 days after receipt of an application for a sign variance, the Community
Development Director shall inform the applicant in writing if the application is incomplete
and will list the submittals required to complete the application. If the Community
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Development Director does not notify the applicant within 30 days after receipt that the
application is incomplete, then the application will be deemed complete.
15-30.210— Substitution Clause
(a) A sign displaying a protected non-commercial message of any type is allowed anywhere
that commercial signs are allowed, subject to the same regulations applicable to such
commercial signs. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or favoring of any particular non-
commercial message over any other non-commercial message.
(b) This message substitution provision does not: 1) create a right to increase the total
amount of signage on a parcel, lot or land use; 2) affect the requirement that a sign structure
or mounting device be properly permitted; 3) allow a change in the physical structure of a
sign or its mounting device; or 4) authorize the substitution of an off-site commercial
message in place of an on-site commercial message or in place of a non-commercial message.
Section 3. Severance Clause.
The City Council declares that each section,sub-section,paragraph,sub-paragraph,sentence,
clause and phrase of this ordinance is severable and independent of every other section,sub-section,
paragraph,sub-paragraph,sentence,clause and phrase of this ordinance. If any section,sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid,and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a newspaper
of general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 18th day of April, 2012, and was adopted by the following vote
following a second reading on the 2nd of May, 2012:
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
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I
�
uc Page
MAYOR, CITY OF SARATOGA CA FORNIA
ATTEST:
� ���r�i(�
Crys�Morrow
CITY CLERK
APPROVED AS TO FORM:
� _ t � _ -.
Richard Taylor
CITY ATTORNEY
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