City of Dana Point, CA Chapter 9.37 SIGNS AND ADVERTISING DEVICES

§ 9.37.010 Intent and Purpose.

The intent of this Chapter is:

(a) To recognize that the primary purpose of signage is to identify, locate, and encourage businesses and events.

(b) To encourage well designed consistent signage that is pleasing in appearance and compatible with community character while providing latitude for a variety of signage.

(c) To eliminate potential traffic and safety hazards to motorists and pedestrians.

(d) To maintain the attractiveness of the community and to enhance the character of the City as a place in which to live, work, play, and visit.

(e) To promote the public health, safety, and general welfare of the citizens and business community of the City through quality sign standards.

(f) To promote a high quality business environment by assuring signage is complementary to the City's urban design.

The purpose of the provisions of this Chapter is to provide a reasonable and equitable system for regulation of the location, size, type, content, illumination, and number of signs, integrated as a part of the Zoning Code as set forth by this Chapter.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.020 Definitions.

(a) "A" Definitions.

Advertising device —

Any object, person, or animal including but not limited to banners, balloons, statues, flags, pennants, lights, portable signs, signs or landscaping, used to attract attention for the purpose of drawing attention to a site or promoting the sale of goods or services.

A-frame sign —

A sign generally not securely attached or fixed to the ground or to a permanent structure used as a stationary advertising device and usually supported by two upright sign faces (also known as a "sandwich board").

Aggregate area —

The total area of sign and/or advertising device surface.

Alteration —

Any change of copy, sign face, color, size, shape illumination, position, location, construction, or support of any sign or advertising device.

Animated sign —

A sign designed and constructed to attract attention through the movement of the whole or any part of the sign.

Area of sign (for).

Attached sign —

Sign area for an attached sign shall be considered the entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of any writing, representation, emblem, or any figure or similar character together with any material or color forming any integral part of the display or used to differentiate such sign against which it is placed. Necessary supports or uprights on which the sign may be placed are excluded unless supports or uprights are designed in such a manner as to form an integral background or part of the display. When a sign has two or more faces, the area of all faces shall be included in determining the area of the sign except where two such faces are placed back to back. When a five foot space or greater is provided between two advertising devices, sign area shall be calculated as two separate signs (Exhibit 9.37-1).

Detached sign —

Sign area for a detached sign shall be considered the entire area within which a single continuous perimeter of not more than eight straight lines enclose the extreme limits of representation, emblem, or figure or similar characters. Necessary supports or uprights shall be excluded from sign area unless such uprights are designed in such a manner so as to form an integral part of the background or display. When a sign has two or more faces, the area of all faces shall be included in determining the area of the sign except where two such faces are placed back to back (see Exhibit 9.37-2).

Attached sign —

Any sign or advertising device attached to a structure or building other than a freestanding pole, flag, or monument sign.

Awning —

See Canopy.

EXHIBIT 9.37-1 AREA OF ATTACHED SIGNS

Sign area = length x width or area calculated within not more than eight straight lines.

EXHIBIT 9.37-2 AREA OF DETACHED SIGNS

Sign area = area within not more than eight straight lines.

(b) "B" Definitions.

Balloon —

A spherical, flexible, non-porous bag or similar object capable of being filled with air or gas such as helium.

Banner —

A sign usually constructed of cloth, paper, or other lightweight material used for the purposes of advertising a business, organization, service, product, or event.

Bench —

A seat usually located upon or adjacent to the public right-of-way for the purpose of persons resting and which is capable of displaying a sign or advertising device.

Billboard —

A freestanding or attached outdoor advertising sign capable of having interchangeable messages (generally related to off-site advertising).

Building identification sign —

A sign which contains only the name of a building and/or the address of the building.

(c) "C" Definitions.

Campaign sign —

Campaign sign usually refers to a political sign but may include any advertising device or sign, not otherwise prohibited by this Section, which is designed to influence the passage or defeat of any measure on the ballot or designed to influence the voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election.

Canned monument sign —

A freestanding sign supported by a sign structure with an acrylic, fiberglass, plastic or bare aluminum face, or material that exhibits a reflection similar to these materials.

Canopy —

A fixed structure of any material projecting from and connected to a building, column, or post or supported by a frame extending from a building and/or posts.

Canopy sign —

Any form of advertising or illumination attached, painted, or constructed for a canopy.

Center —

A center can be commercial, industrial, or professional use, consisting of one or more buildings sharing common facilities such as off-street parking, access, or landscaping. In each case, a center will consist of two or more retail stores or businesses, but may not necessarily be under a single ownership.

Center identification sign —

Any freestanding sign which identifies the name or address or directs attention to a center but that does not identify an individual business or activity and which does not contain trademarks, tradenames, logos, symbols, or any form of art that can be construed as a name of a single business.

Changeable copy sign —

An advertising device which is capable of changeable text or graphics, regardless of method of attachment, which advertises events, services, or products.

Civic activity sign —

A bulletin board or other similar advertising device incident to places of worship, hospitals, libraries, museums, and other similar public or non-profit institutions.

Construction sign —

A temporary sign on the premises listing the development, architect, engineer, planner, contractor, or other person or firm participating in the development, construction or financing of a development.

(d) "D" Definitions.

Detached sign —

Any freestanding sign or advertising device used to attract attention, including pole, flag and monument signs.

Directional sign —

Any on-site freestanding, non-flashing sign which is designed, erected, and maintained to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site.

(e) "E" Definitions.

Eave line —

That part of a roof which projects over or meets the wall.

Electric sign —

Any sign utilizing electricity to illuminate its surface.

Electronic message sign —

A directly illuminated sign which presents variable advertising message displayed by electronically controlled lighting pattern against a contrasting background, and which may be programmed to change the message display periodically.

Externally illuminated sign —

An electric sign designed and constructed to display artificial light for the purpose of advertisement or identification, including but not limited to exposed neon signs.

(f) "F" Definitions.

Facade —

The entire building front including the parapet.

Fascia —

A broad well defined horizontal member of color or material having the form of a flat band between the top of a wall and the eaves of a roof. The area used for identification over the front of a shop.

Flag —

Cloth or other lightweight material of distinctive size, color, and design, used as a symbol, standard, signal, emblem, or a device used to attract attention.

Flag sign —

A permanent freestanding sign with its advertising device suspended by a post and beam support.

Flashing sign —

Any electric sign which intermittently flashes on and off, changes in intensity, or creates the illusion of flashing in any manner.

Freestanding sign —

A sign that is not attached to any building, but is securely attached and fixed to the ground.

Frontage, building —

The lineal measurement of a building facade which fronts on a street, landscaped area, and/or a parking area and is used to determine the maximum sign area and number of signs permitted for a given use.

Frontage, street —

The linear measurement of a lot along a public or private right-of-way but not including the lineal measurement along an alley, railroad, beach, freeway, or parking lot.

Fuel price identification sign —

A permanent sign, usually of a monument type, containing the prices and grades of fuel for sale at an automobile service station.

Future facility sign —

A temporary sign denoting sale, lease, or rental of a site that is under construction.

Future tenant sign —

A temporary sign denoting center name, tenant name, and type of use for a site that is constructed.

(g) "G" Definitions.

Garage sale sign —

A temporary sign announcing the limited sale, from a private resident, of goods, furniture, clothing, or other similar articles.

(h) "H" Definitions.

Height of sign —

Sign height is calculated by measuring the vertical distance from the uppermost point of the sign to the ground directly beneath.

Historical sign —

A sign, which because of its character, age, or influence, is of historic significance to the community.

(i) "I" Definitions.

Identification sign —

A sign which serves to identify only the name, address, or trade of a business and sets forth no other advertising.

Illegal sign —

A sign not permitted or exempted by this Code.

Inflatable sign —

See Balloon.

Interior sign —

A sign located within the inside of a business which is not visible from any area outside the building which is open to the public.

Internally illuminated sign —

An electric sign whose source of illumination is not visible to the viewer.

(j) "J" Definitions.

None.

(k) "K" Definitions.

Kiosk —

A freestanding, round or multiple-sided structure whose main purpose is to display signs or information.

(l) "L" Definitions.

Linear frontage —

The horizontal measurement of a building face or site.

Logo —

A name, symbol, feature, or trademark that represents a business, enterprise, group, or activity.

(m) "M" Definitions.

Major tenant —

Any tenant in a multi-tenant commercial center which either: occupies 30% or more of the leasable square footage of the center; or has 5 or more locations in the region, state or nation.

Marquee —

A permanent structure attached to and supported by a building and projecting over public or private right-of-way usually using changeable copy.

Mansard —

A roof system having a steep slope, normally on all building sides, often used to screen roof top equipment.

Menu board sign —

Sign displaying food items sold on the premises.

Mixed-use districts —

Areas with land use and zoning designations for which both residential and non-residential uses are the primary permitted uses.

Monument sign —

A freestanding sign directly supported by a sign structure that is not narrower than the display surface of the sign.

Multi-tenant identification sign —

A single sign identifying each tenant or business individually.

Mural —

A display or illustration painted on a building or wall within public view.

(n) "N" Definitions.

Neon sign —

An electric sign consisting of gas-filled tubing exposed to view.

Nonconforming sign —

A sign, billboard, or other advertising device which does not conform to the sign regulations as set forth in this Section or applicable zone or land use district.

Non-residential districts —

Areas with land use and zoning designations for which commercial, industrial or recreational uses are the primary permitted uses.

(o) "O" Definitions.

Off-site sign —

Any sign which is not located on the business or activity site it identifies or advertises.

On-site sign —

Any sign which directs attention to an occupancy, business, service, or activity conducted, sold, or offered upon the premises where the sign is located.

(p) "P" Definitions.

Parapet —

A low wall, railing, or screen to protect the edge of a platform or roof.

Pole sign —

Except for a flag sign, a freestanding sign directly supported by a sign structure that is narrower than the display surface of the sign.

Political sign —

Political signage usually refers to campaign signs, but may include any sign, not otherwise prohibited by this Section, pertaining to the conduct of government in general.

Portable sign —

Any sign not designed to be permanently attached to a building or permanently anchored to the ground.

Projecting sign —

A sign which projects from a wall more than six inches.

Public/quasi-public uses —

Uses of a community-serving nature such as civic centers, churches, parks, hospitals, schools, etc.

Pump sign —

Signs displayed upon service station gas pumps for the purpose of advertising the sale of products incidental to the sale of gas and oil or other automobile service provided on the premises.

(q) "Q" Definitions.

None.

(r) "R" Definitions.

Real estate sign —

A sign advertising the sale, lease, or rental of the premises on which the sign is located and maintained, excluding construction, future facility, and future tenant signs.

Residential districts —

Areas with land use and zoning designations for which residential uses are the primary permitted uses.

Roof —

The upper covering of a building for weather protection or any architectural feature resembling the covering in design or material.

Roof sign —

Any sign which is erected, constructed, or maintained on or above a roof system, roof line, or parapet of any building.

(s) "S" Definitions.

Sandwich board —

See A-Frame Sign.

Service station —

A lot or a portion of a lot used for the servicing of motor vehicles including gas stations.

Sign —

Any structure, object, display verbiage, illustration, emblem, and/or logo used to direct or attract attention to an object, person, institution, organization, business, service, or event. A sign may include, but is not limited to, words, numbers, symbols, posters, pictures, and other objects or characters similar in nature used to attract attention.

Sign program —

A program intended to provide incentive, latitude, and variety in order to achieve aesthetically appealing and compatible signage for shopping and professional office centers and industrial parks with two or more occupants. A sign program may also be applicable for a single business proposing two or more signs.

Sign structure —

The supports, uprights, braces, cables, framework, and display surface of a sign.

"Snipe" sign —

Any sign made of cloth, paper, cardboard, poster material, plastic, metal or other material affixed to or upon fences, posts, trees, buildings, people, or other structures or surfaces usually found off-site.

(t) "T" Definitions.

Temporary sign —

Any sign constructed of paper, cloth, canvas, fabric, cardboard, or other materials, including but not limited to flags, streamers, pennants, banners, and balloons, not intended for permanent display.

Time and temperature device —

A device that displays the time or temperature whether or not it displays any advertising or establishment identification.

Transportation shelter —

A structure constructed for the use of persons waiting for transportation.

(u) "U" Definitions.

Under-canopy sign —

A pedestrian-oriented sign which is perpendicular to the building and the pedestrian path, and is suspended from, or projects from the wall below a canopy or covered arcade. An Under-Canopy sign does not project beyond the canopy or covered arcade.

(v) "V" Definitions.

Vehicle mounted sign —

Any sign or advertising device attached to any vehicle for the purposes of advertisement.

(w) "W" Definitions.

Wall sign —

Any sign or advertising device permanently attached to a building. A sign attached to a parapet shall be considered a wall sign.

Window sign —

Any sign exposed to public view, attached, painted, posted, or displayed, either permanently or temporarily, on or within one foot of the interior or exterior surface of a window.

(x) "X" Definitions.

None.

(y) "Y" Definitions.

None.

(z) "Z" Definitions.

None.

Exhibits 9.37-3 through 9.37-9 depict many of the sign types described above and in the Permitted Sign Matrix, Section 9.37.150(a) through 9.37.150(f).

EXHIBIT 9.37-3 SIGN TYPES

EXHIBIT 9.37-4 SAMPLE SIGN LOCATION ELEVATION

EXHIBIT 9.37-5 DIRECTIONAL SIGNS

EXHIBIT 9.37-6 CENTER/TENANT IDENTIFICATION SIGNS (FREESTANDING)

EXHIBIT 9.37-7 TEMPORARY FUTURE FACILITIES SIGN

EXHIBIT 9.37-8 TEMPORARY CONSTRUCTION SIGN

EXHIBIT 9.37-9 TEMPORARY SIGNS

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 94-09, 5/24/94; Ord. 01-06, 10/9/01; Ord. 03-09, 4/23/03)

§ 9.37.030 Administration and Enforcement.

The Director of Community Development or his authorized designee shall have the authority to enforce all the provisions of this Chapter and the applicable provisions of the City of Dana Point Municipal Code.

Sign permits shall be reviewed in the following manner:

(a) Administrative Approval. Sign applications deemed by the Community Development Department to be in substantial compliance with Dana Point Sign Guidelines may be approved administratively by the Director of Community Development or his authorized designee.

(b) After review of the Dana Point Sign Guidelines, if the Director of Community Development or his authorized designee determines that the sign application is not in conformance with the said guidelines, then the sign application may be forwarded by the Director of Community Development to the Planning Commission for formal review.

(c) If submitted to the Planning Commission, the sign application shall be processed as a Minor Site Development Permit, as shown in Section 9.71.034.

(d) The Planning Commission may approve, deny or approve with conditions the Minor Site Development Permit for the sign application. The Planning Commission shall consider the following findings for the sign application:

(1) Suitability of the site for the proposed sign; and

(2) Sign design that is appropriate for the site and compatible with the character of the surrounding area.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 04-01, 3/10/04)

§ 9.37.040 Permits Required.

No signs shall be erected, constructed, or altered except for maintenance or repair, except as provided for in this Section and unless a permit has been issued by the Director of Community Development. A separate permit shall be required for each sign or group of signs in one location. In addition to the requirements set forth in this Chapter, all applicable building and electrical permits shall be obtained in accordance with the Uniform Building Code and the Uniform Electrical Code. A tag issued by the City indicating the sign permit number shall be affixed to the sign so as to be readily visible.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.050 Permit Application.

An application for a sign permit shall be made in writing upon forms provided by the Department of Community Development. The application shall be signed either by the owner, lessee, or authorized agent of the premises on which the sign is located.

Permit application requirements shall include:

(a) A completed application form.

(b) Plans, drawn to scale, to include the following:

(1) All sign details including sign area, dimensions, colors, materials, letter style, proposed copy, letter height and method of illumination.

(2) A site plan indicating the location of all existing and proposed signs with sign area, dimensions, colors, materials, letter style, proposed copy, letter height, and method of illumination.

(3) All building elevations with the proposed signs depicted on the elevations (see Exhibit 9.37-10).

(4) A deposit/fee as required by a Resolution of the City Council.

EXHIBIT 9.37-10 SAMPLE ELEVATION REQUIRED FOR SUBMITTAL OF PERMITS

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.060 Neon Sign Review.

Prior to the issuance of a sign permit, neon signs shall be subject to review and approval by the Director of Community Development. The Director shall assure the neon sign is an aesthetic enhancement to the site signage, site design and surrounding area; and does not create visual incompatibility. Pursuant to this title, the Director's decision may be appealed to the Planning Commission.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.070 Sign Programs.

The purpose and intent of a Sign Program is to integrate signs with building and landscape design into a unified architectural statement. Sign programs may also be used to consider signage alternatives for developments which have unique tenant visibility problems, such as obscured lease space or complex access patterns. A Sign Program shall be subject to the review of the design, placement, size, content, and compatibility of the proposed signage by the Planning Commission and shall be in substantial compliance with Section 9.37.150 of this Chapter.

(a) Sign Program Required. A Sign Program shall be required for any new or upgrading center with two or more tenants on a site; for any new or upgrading single enterprise which proposes three or more signs on a site; for any new multiple-unit residential project (attached or detached) which proposes two or more signs on the project site; or for any sign proposal deemed necessary by the Director of Community Development and in the interest of the public health, safety and general welfare. A Sign Program may also be submitted for the consideration of sign proposals which are designed to address centers with limited tenant visibility. A Sign Program may vary from the requirements of Section 9.37.150, but in no event shall any sign identified as prohibited in Section 9.37.170 be permitted.

A Sign Program shall not be required for an existing single- or multi-tenant commercial establishment, unless initiated by the property owner and/or tenants as part of an overall aesthetic upgrading of the building or center. However, new signage for sites without a Sign Program must conform with all other provisions of this Chapter.

(b) Application Requirements. An application for any Sign Program shall be submitted for review and approval by the Planning Commission in accordance with Chapter 9.61 of the Dana Point Zoning Code.

Sign Program application requirements shall include:

(1) A completed application form.

(2) Plans, drawn to scale, including the following:

(A) All sign details including sign area, dimensions, colors, materials, letter style, proposed copy, letter height and method of illumination.

(B) A site plan indicating the location of all existing and proposed signs with sign area, dimensions, colors, materials, letter style, letters height and method of illumination; and definition of type of signage, such as center identification signage or tenant identification signage.

(C) All building elevations with sign area and location depicted.

(3) A deposit or fee as required by a Resolution of the City Council.

(4) A letter of justification delineating how the proposed Sign Program is consistent with the in-tent of this Chapter.

(5) Any other information as may be required by the Director of Community Development.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 94-09, 5/24/94; Ord. 96-10, 8/13/96; Ord. 01-06, 10/9/01; Ord. 03-07, 4/9/03; Ord. 03-09, 4/23/03)

§ 9.37.080 Signs Requiring a Variance.

Any proposed sign which deviates from any development standard set forth in this Chapter, except as may be permitted through a Sign Program pursuant to Section 9.37.070, shall require approval of a Variance in accordance with Chapter 9.67 of the Dana Point Municipal Code. However, the use or establishment of a sign or device which is prohibited pursuant to Section 9.37.170 shall not be permitted by a Variance.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 96-10, 8/13/96)

§ 9.37.090 Permit Fees.

A sign permit and plan check fee for each sign permit shall be paid to the Community Development Department prior to the issuance of a sign permit in accordance with the schedule of fees established by a resolution of the City Council.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.100 Permit Issuance.

The Director of Community Development shall determine whether the proposed sign and related discretionary approvals with respect to construction, location, and materials conform to all applicable City ordinances, regulations, and the provisions of this Chapter. Any permit may be revoked in accordance with Section 9.61.110 of the Dana Point Municipal Code should any of the provisions set forth in this Chapter, any provision of this Code, or other applicable regulations and ordinances be violated by the permittee.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.110 Exemptions.

The provisions and regulations of this Chapter shall not apply to the following signs, nor shall the area of such signs be counted toward the maximum allowable sign area for any premises or use.

(a) Directional or informational signs provided they are:

(1) Each no more than two and one-half (2½) square feet in area;

(2) Contain no advertising message; and

(3) Are located entirely on the business premises.

(b) Four Real Estate Open House or Garage Sale directional signs per intersection provided they are:

(1) Each no more than four square feet in area;

(2) Contain no advertising message;

(3) Are located entirely on private property; and

(4) Not in excess of one per public street corner, per direction.

(c) Signs for the convenience of the public, such as signs identifying restrooms, public telephones, walkways, and similar features or facilities, provided such signs are:

(1) Each no more than one and one-half (1½) square feet in area;

(2) Contain no advertising message; and

(3) Are located entirely on the business premises.

(d) Memorial signs on tablets or plaques (intended to convey historical connotations), including names of buildings or sites, and dates of erection when cut into or attached to the surface or the facade of the building. Said signs and size may be exempted if deemed a memorial sign by the Director of Community Development.

(e) Signs exclusively regulated by the state, traffic or municipal signs, signs required by law, railroad crossing signs, legal notices, and emergency or danger notices; provided such signs:

(1) Shall not exceed 12 square feet in area unless otherwise specified by law;

(2) Contain no advertising message; and

(3) Shall not be more than one sign per street frontage unless otherwise required by law.

(f) Emergency, temporary, and non-advertising signs as may be authorized by the City Council, including City-sponsored seasonal and promotional banners.

(g) Signs of public utility companies and private contractors indicating danger or which serve as an aid to public safety, or which show the location of underground facilities.

(h) One real estate sign per street frontage provided such sign:

(1) Is located entirely on the property offered for sale or lease; or on private property;

(2) Does not exceed six feet in height;

(3) Does not exceed four square feet in area; and

(4) Is removed upon the close of escrow or when the rental or lease has been accomplished, whichever event occurs first.

(i) Street addressing, house numbers, nameplates, "No Trespassing," "No Parking," and other warning signs consistent with City Codes, provided the signs:

(1) Do not exceed two and one-half (2½) square feet in area; and

(2) Are located entirely on-site.

(j) Signs located in the interior of any building which are not visible from any public or private right-of-way.

(k) One of each of the following flags:

(1) United States of America;

(2) State of California; and

(3) One other flag.

(4) Additional flags and banners may be permitted pending approval of a minor Conditional Use Permit. See Section 9.65.040 for application procedures.

(l) Temporary, removable non-illuminated, window signs with the following provisions:

(1) The signs do not exceed 25% of the total exposed window area;

(2) If maximum allowable sign area is met, window signage shall not exceed 10% of the total exposed area;

(3) The signs complement the building and permanent signage;

(4) Additional signage shall be subject to the provisions of Section 9.37.160;

(5) Window signs shall complement the building and permanent signage. The use of fluorescent, day-glo, and neon colors shall be limited;

(6) No more than three signs per establishment;

(7) Open or closed signs not to exceed four square feet in area may be displayed in the window of each business establishment;

(8) One sign, not more than one square foot, listing hours of operation may be displayed in the window of each business establishment; and

(9) Credit card, club and association affiliation stickers not to exceed one square foot per entrance.

(m) Traditional Christmas signs and lights within any commercial and residential zone so long as they meet City Fire Codes, do not cause a detriment to the public health, safety, or welfare, and are displayed only between November 1st and January 10th, inclusive.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 01-06, 10/9/01; Ord. 04-01, 3/10/04)

§ 9.37.120 Political Signs.

Political signs, as defined in Section 9.37.020, including their supporting structures shall be permitted in all zones, provided that:

(a) No sign shall be permitted on or to extend over any public property, public easement, or in the public right-of-way;

(b) Political signs shall not be posted in a manner which obstructs traffic or street signs or devices. In addition, all political signs shall be posted in a manner which preserves the lines of sight as set forth in Section 9.05.090;

(c) All political signs pertaining to a particular election shall be removed within 10 days after the date of the election;

(d) The candidate, committee, or any other authorized person posting political signs shall insure that all signs include the name, address and the required committee identification number of the campaign or political organization, if any.

(e) If the Director of Community Development finds that any political sign has been posted or is being maintained in violation of the provisions of this Section, the Director may cause said sign to be removed without prior notice. Any political sign that remains posted for more than 14 days after the election to which it pertains shall be deemed abandoned. The Director may also cause such abandoned signs and any signs which constitute an immediate peril to persons or property to be removed summarily and without prior notice.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 94-09, 5/24/94)

§ 9.37.130 Location and Height.

(a) All signs, unless otherwise provided for in this Chapter, shall be erected upon the premises occupied by the person or business sought to be identified by such signs.

(b) No sign shall be located upon or project over a public right-of-way, except projecting signs and signs promoting civic and non-profit activities sponsored by the civic and non-profit organizations subject to the review and approval of the Director of Community Development and in accordance with Section 9.37.160 (Special Use Sign Permits).

(c) No sign shall be attached to any public utility pole or public property except non-advertising signs or public notices of public utility companies as may be required in their operations which provide service for the health and welfare of the general public or as required by any Federal or State law or agency thereof.

(d) No sign shall be placed in such a manner that the visibility of a sign on adjacent properties is obscured as viewed from a public or private right-of-way.

(e) No sign shall extend above the eave line or parapet of the building on which it is located, with the exception of signs located on mansard roofs of buildings without wall area for signage, provided that the sign does not exceed the roofline.

(f) Signs shall be placed at or near the entrance to a building or site to indicate the most direct access to the business.

(g) The maximum height of permanent detached signs is six feet. The Community Development Director has the discretion to grant up to a 25% increase in allowable height, if the Director finds the sign design to be extraordinarily creative and significantly contributing to the character of Dana Point and that the site characteristics warrant the additional height.

Sign height shall be measured from the ground (finished grade) directly surrounding the sign to the top of the sign. When signs are constructed on hillsides or embankments where the sign supports are at varying lengths, height shall be measured from the horizontal mid-point of the sign. Signs may exceed the maximum height if approved in conjunction with a variance in accordance with Section 9.37.080.

(h) Signs located within any required building setback, access intersection or street intersection area shall be located in accordance with the sight distance requirements of Section 9.05.090. No sign shall be located so as to promote a safety hazard as determined by the Director of Community Development.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 94-09, 5/24/94; Ord. 01-06, 10/9/01; Ord. 03-09, 4/23/03)

§ 9.37.140 Materials, Design and Construction.

(a) All signs, with the exception of monument signs, shall be constructed of permanent materials, including but not limited to, metal, wood, acrylic or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign.

(b) It is acceptable and desirable to utilize the following high quality materials and/or methods for monument signs:

(1) Natural materials such as wood (hand carved, sand-blasted, painted or routed), stone, brick or some other natural material that is of a high quality.

(2) Ceramic tile either painted or sand blasted.

(3) Sign face, supports and standards trimmed with moldings and letter of similar high quality design and material.

(c) It is not acceptable to utilize the following materials for monument signs: finished materials such as acrylic, fiberglass, plastic or bare aluminum face, or material that exhibits a reflection similar to these materials. Canned signs are not permitted.

(d) Any sign support used in the construction of any permanent sign shall be reviewed as part of the sign application. Brackets or other structural elements that contribute to the architecture or in any way contribute to the advertisement of a business shall be calculated as part of the aggregate area of signage permitted for the site.

(e) Design, color, and scale of the sign shall be in keeping with the design elements in the General Plan, respective Specific Plan or Planning Area, and/or with the existing and surrounding architecture.

(f) Signs may be externally illuminated. Signs, with the exception of monument signs, may be internally illuminated. Internal illumination is from the interior of a sign, behind letters (back lighting), channel lighting, or other internal lighting source. Letter and logos may be internally lit but the sign background shall be opaque where the only portion of the signs that is illuminated is the actual letterings and/or a registered trademark or logo. Monument signs are permitted to be externally illuminated only. External illumination is located outside of the sign and is focused to illuminate the exterior of the sign. External lighting shall be designed so as not to reflect glare or visually disturb surrounding land uses or function. Illumination shall be considered excessive when it prevents the normal perception of buildings or structures beyond or in the vicinity of the sign or when it is disruptive to residential zones or any public or private right-of-way.

(g) Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. The architectural design of the building's facade shall be considered in selecting sign materials that complement the design.

(h) Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

(i) Sign colors and materials should be selected that provide a contrast between the background color(s) and the lettering.

(j) Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

(k) Light sources shall utilize energy-efficient fixtures to the greatest extent possible.

(l) Sign removal or replacement shall ensure all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 01-06, 10/9/01; Ord. 03-09, 4/23/03)

§ 9.37.150 Permitted Signs.

The following table identifies the signs permitted in each land use district. In addition to the following regulations, all signs must be in compliance with all other provisions of this Chapter.

All signs shall be governed by the following matrix, except if specifically addressed elsewhere in this Chapter. Where contradictory, the more restrictive standards will apply. The matrix lists standards for the type, maximum number, aggregate area, maximum height of signs, and additional standards. In addition to the listed standards, each sign shall comply with the requirements set forth in each specific district or zone, and all other applicable City standards and ordinances. Consideration shall also be given to the overall appearance of the property and the surrounding neighborhood. The Planning Commission may adopt separate sign standards or provisions for specific sites or areas.

(a) Permitted Temporary Signs in Residential Districts.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Construction Sign	Freestanding or Wall	Yes	One per building site or street frontage	32 sq. ft.	6 feet	(A) Copy shall be limited to the name of the project and may denote firms such as architectural, engineering, or construction firms engaged in work on the site. (B) A legal building permit must be issued for the site prior to sign erection. (C) Sign shall be removed upon issuance of the first certificates of use and occupancy. (D) A construction and future facility sign may be permitted simultaneously as long as the total signage does not exceed 50 square feet.
(2) Future Facility	Freestanding or Wall	Yes	One per building site or street frontage	32 sq. ft.	6 feet	(A) Sign shall be removed prior to occupancy of 50% of the buildings on site. (B) Copy may include sale, lease, or rental of the property on which the sign is located in lieu of a real estate sign. (C) Sign permits shall be valid for one year. However, prior to expiration of time period, the City may grant an extension of not more than one year. (D) A future facility sign may only be permitted upon removal of a construction sign, unless the combined area of the construction and future facility signs does not exceed 50 square feet.
(3) Open House Sign	Freestanding	No, unless proposed in conjunction with a temporary sales facility	One sign per corner per direction, plus one sign per site	4 sq. ft.	4 feet	(A) Open house signs may be displayed only until dusk and when the property is available for inspection. (B) Placement shall be permitted on private property only. (C) Signs shall be placed so that they do not obscure and are not attached to fire hydrants, traffic signals/signs or otherwise inhibit or interfere with vehicular or pedestrian traffic. (D) No wind signs (flags, balloons) shall be displayed. However, one flag shall be permitted on site.
(4) Remodeling Sign	Freestanding or Wall	No	One per building site	4 sq. ft.	6 feet	(A) Copy limited to name of firm engaged in home repairs, remodels, pool installation, etc. (B) Sign shall be removed upon completion of work and prior to final inspection.
(5) Real Estate Sign	Freestanding or Wall	No	One per street frontage	4 sq. ft.	6 feet	(A) Copy may include only information relating to the sale, lease or rental of the premises on which the sign is located. (B) Signs shall be removed upon close of escrow or when lease or rental has been accomplished.
(6) Garage/Yard Sale Sign	Wall, Window or Freestanding	Yes	One per intersection; maximum of four signs	4 sq. ft.	4 feet	(A) Placement shall be permitted on private property only. (B) See Section 4.20.010 in the Municipal Code for additional regulations related to conducting garage sales.

(b) Permitted Permanent Signs in Residential Districts.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Tract Identification	Freestanding or Wall	Yes	One per street frontage or one on each side of an entrance	1 sq. ft. per lineal foot of street frontage up to 100 square feet maximum or as defined by an approved sign program	Wall: 6 feet Freestanding: 5 feet	(A) Signs shall be affixed to a perimeter wall or placed within a landscaped planter. (B) Copy shall be limited to 18 inches in height. (C) Location to be determined at time of sign program approval. (D) Freestanding signs shall be of a monument type. (E) Signs may be seven feet in height if height includes a two-foot high landscaped overall berm.
(2) Rent/Leasing Identification Signage (Apartment complexes only)	Freestanding or Wall	Yes	One per complex or entrance	12 sq. ft.	Wall: Below the eave line Freestanding: 5 feet	(A) Signage shall be approved as part of a comprehensive sign program. (B) Signs may be seven feet in height if overall height includes a two-foot high landscaped berm
(3) Directional	Freestanding or Wall	No	Minimum number necessary to provide adequate information and direction	2½ sq. ft. per sign	Wall: Below the eave line Freestanding: 4 feet	(A) Copy limited to directional signage as defined in this Section. (B) Signage to be included with a comprehensive sign program.
(4) Site Directory Occupant Listing (Condominium Complex)	Freestanding or Wall	Yes	One per site, or as dictated by the sign program	24 sq. ft., or as dictated by the sign program	6 feet	(A) Signs to be approved in conjunction with the approved sign program.

(c) Permitted Temporary Signs in Mixed Use and Non-Residential Districts.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Construction Sign	Freestanding or Wall	Yes	One per building or leased parcel, or one per street frontage	32 sq. ft.	6 feet	(A) Copy shall be limited to the name of the project and may denote firms such as architectural, engineering, or construction firms engaged in work on the site. (B) A legal building permit must be issued for the site prior to sign erection. (C) Sign shall be removed upon issuance of the first certificates of use and occupancy.
(2) Future Facility	Freestanding or Wall	Yes	One per building or street frontage	32 sq. ft.	6 feet	(A) Sign shall be removed prior to occupancy of 50% of the buildings on site. (B) Copy may include sale, lease, or rental of the property on which the sign is located in lieu of a real estate sign. (C) Sign permits shall be valid for one year. However, prior to expiration of time period, the City may grant an extension of not more than one year. (D) A future facility sign may only be permitted upon removal of a construction sign, unless the combined area of the construction and future facility signs does not exceed 50 square feet.
(3) Future Tenant	Freestanding	Yes	One per building site or street frontage	32 sq. ft.	6 feet	(A) Only permitted in lieu of a construction/future facility sign. (B) Copy shall be limited to center name, tenant name, and type of use. (C) Sign shall be removed at time of installation of permanent sign for a single business on a separate parcel or when a comprehensive sign program is approved for a multiple tenant site.
(4) Real Estate	Freestanding or Wall	Yes	One per street frontage	12 sq. ft.	Wall: Below the eave line Freestanding: 6 feet	(A) Copy shall pertain only to the sale, rent, or lease of the building property. (B) Sign shall be removed upon close of escrow or when lease or rental has been accomplished. (C) Sign may only be erected in lieu of a construction and/or future facility sign.
(5) Special Event Sign	Wall	Yes	One per site or as deemed appropriate with a special event permit	Banners not to exceed 24 sq. ft.	Below the eave line	(A) A special event permit is required pursuant to Section 9.37.160(a), Special Use Sign Permits, and Section 9.39.070, Special Events. (B) Special event signs are to be removed on or before date of permit expiration.
(6) Remodeling Sign	Freestanding or Wall	No	One per building site	4 square feet	Wall: 6 feet Ground: 4 feet	(A) Copy limited to name or firm engaged in repairs, remodels, installations, etc. (B) Signs shall be removed upon completion of work and prior to final inspection.

(d) Permitted Permanent Signs in Mixed Use and Non-Residential Districts (for Commercial Centers).

Note: Total of all allowable signage is based on total street frontage unless otherwise noted.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Center Identification Sign	Freestanding	Yes, Minor Site Development Permit	Two: (One freestanding sign allowed for each street frontage)	1/3 of allowable sign area for the site up to 25 square feet Up to 25 percent of additional sign area may be granted by the Community Development Director	6 feet. See Section 9.37.130(g) (or as determined by an approved Sign Program)	(A) Sign shall contain the name of the center (if any) and/or the name(s) of major tenant(s). Inclusion of other tenants may be permitted with an approved minor Conditional Use Permit. See Section 9.37.160(d) for development standards and Section 9.65.040 for procedures and application requirements for a minor Conditional Use Permit. (B) Sign may include the address of the site. Telephone numbers shall not be permitted. (C) A sign program may be required (see Section 9.37.070). (D) Sign shall be of a monument type.
(2) Tenant Identification Sign	Wall or Window	Yes	Four: (One sign allowed for each street frontage, parking lot frontage or interior courtyard frontage)	1 sq. ft. per lineal foot of building frontage on a public right-of-way, parking lot or interior courtyard	Below the eave line	(A)Signs may be located on building elevations with street frontage or main public entrance. (B) Signs installed above the first floor may be installed adjacent to the entrance. (C) Two or more tenants requires approval of a Sign Program. (D) Under canopy signs shall be centered above a window or entrance.
(3) Directional Signage	Freestanding or wall	No	Minimum number necessary to provide adequate information and direction	2½ square feet per sign	Wall: Below the eave Freestanding: 4 feet	(A) Copy limited to directional signage as defined. (B) Signage to be included with a comprehensive sign program.
(4) Menu Board	Freestanding or Wall	Yes	One per drive through lane	20 sq. ft.	6 feet	(A) Shall be approved as part of a comprehensive sign program. (B) Shall not be readily visible from any public right-of-way. (C) Sound shall not exceed 45 dBA at any point within 20 feet of the sign. (D) Shall include independent speaker pedestal or order placing/confirmation equipment.
(5) Tenant Identification	Projecting	Yes	One: (per tenant)	9 square feet. Shall not project more than 4-feet from the building and shall not extend beyond the curb.	7-front vertical clearance from sidewalk	(A) Contingent upon the sign owner obtaining and maintaining in force liability insurance if the projecting sign projects or is suspended above a public right-of-way. (B) Projecting signs shall not be internally illuminated.
(6) Window Sign	Affixed to window only	No	Three signs per business	25% of exposed window area. If allowable sign area is maximized, signs shall not exceed 10% of exposed window area	N/A	(A) The signs shall complement the building and permanent signage. The use of fluorescent, day-glo, and neon colors shall be limited. (B) Permanent window signage shall be included in the maximum aggregate area allowed for the business. (C) Text of permanent window signage shall be limited to business name and brief message identifying the product or service or pertinent information. (D) Window signage shall conform to the provisions of Section 9.37.110(I).

(e) Permitted Permanent Signs in Mixed Use and Non-Residential Districts (for Single Tenant Sites).

Note: Total of all allowable signage is based on total street frontage unless otherwise noted.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Center Identification Sign	Freestanding	Yes, Minor Site Development Permit Required	Two: (One freestanding allowed for each street frontage)	1/3 of allowable sign area for the site up to 25 square feet Up to 25 percent of additional sign area may be granted by the Community Development Director	6 feet. See Section 9.37.130(g) (or as determined by an approved Sign Program)	(A) Sign shall contain only the name and address of the tenant. (B) A Sign Program may be required (see Section 9.37.070). (C) Sign shall be a monument type.
(2) Tenant Identification Sign	Wall Canopy, or Window	Yes	Four: (one sign allowed for each street frontage, parking lot frontage or interior courtyard frontage)	1 sq. ft. per lineal ft. of building frontage on any public right-of-way, parking lot interior courtyard	Wall: Below the eave line	(A) Signs may be located on building elevations with street frontage or main public entrances. (B) Sign installed above the first floor may be installed adjacent to the entrance. (C) Three or more signs may require approval of a Sign Program. (See Section 9.37.070). (D) Under canopy signs shall be centered above a window or entrance.
(3) Directional Signage	Freestanding	No	Minimum number necessary to provide adequate information and direction	2½ square feet per sign	Wall. Below the eave Freestanding: 4 feet	(A) Copy limited to directional signage as defined. (B) If a Sign Program is otherwise required, the directional signage shall be included.
(4) Menu Board	Freestanding or Wall	Yes	One per drive through lane	20 sq. ft.	6 feet	(A) Shall be approved as part of a comprehensive sign program. (B) Shall not be readily visible from any public right-of-way. (C) Sound shall not exceed 45 dBA at any point within 20 feet of the sign. (D) Shall include independent speaker pedestal or order placing/confirmation equipment.
(5) Tenant Identification	Projecting	Yes	One: (per tenant)	9 square feet. Shall not project more than 4-feet from the building and shall not extend beyond the curb.	7-foot vertical clearance from sidewalk	Contingent upon the sign owner obtaining and maintaining in force liability insurance if the projecting sign projects or is suspended above a public right-of-way. Projecting signs shall not be internally illuminated.
(6) Window Sign	Affixed to window only	No	Three signs per business	25% of exposed window area. If allowable sign area is maximized, signs shall not exceed 10% of exposed window area	N/A	(A) The signs shall complement the building and permanent signage. The use of fluorescent, day-glo, and neon colors shall be limited. (B) Permanent window signage shall be included in the maximum aggregate area allowed for the business. (C) Text of permanent window signage shall be limited to business name and brief message identifying the product or service or pertinent information. (D) Window signage shall conform to the provisions of Section 9.37.110(I).

(f) Special Sign Requirements for Service Stations.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Identification Sign	Freestanding	Yes	One per site	20 square feet if sign contains only identification and no changeable copy panels for pricing. If price information is incorporated in the identification sign, the total square footage may be 32 square feet.	4 feet	(A) Service stations with an associated convenience store shall be limited to a 20 square foot identification sign. (B) Signs shall be located within a landscape planter and may not be located closer than five feet to the property line.
(2) Fuel Price Information	Freestanding	Yes	One per street frontage	12 square feet per sign	4 feet	(A) Price signs shall advertise fuel prices only and no other products available. (B) Signs shall be completely located within a landscape planter area. (C) Signs shall only be permitted in lieu of the provisions of a 32 square foot identification sign. (D) The total square footage of sign including attached or detached signs shall not exceed an aggregate of 100 square feet in area.
(3) Attached	Wall or Canopy	Yes	One per street frontage	1 sq. ft. per lineal foot of building frontage	Wall - below the roof line Canopy - confined to canopy fascia, canopy columns or other structural elements below the canopy	(A) The total square footage of sign including attached or detached signs shall not exceed aggregate of 100 square feet in area.
(4) Information/Instruction Signs	Attached to island column	No	One per canopy column	3 square feet	10 feet	(A) No other signs shall be permitted on the canopy or columns. (B) Signs encompassed within a fuel pump or required by State or Federal Government shall not be regulated by this Code. (C) No signs shall be permitted to be displayed on top of attachment to or suspended from any pump.

(g) Special Sign Requirements for Public/Quasi-Public Uses.

CLASS	TYPE	PERMIT REQUIRED	MAXIMUM NUMBER	AGGREGATE AREA1	MAXIMUM HEIGHT2	ADDITIONAL STANDARDS3
(1) Identification (Detached)	Freestanding or Wall	Yes	One per site	1 square foot per lineal foot of street frontage not to exceed 50 square feet per street	4 feet	(A) Sign shall be located within a landscaped planter. (B) Additional signage may be permitted subject to a sign program (i.e., booster signage for baseball diamonds).
(2) Identification (Attached)	Wall	Yes	One per use or building frontage	1 square foot per lineal foot of building frontage not to exceed 24 square feet	Below the entire line

Footnotes for Section 9.37.150(a) through 9.37.150(g):
1)	The maximum site sign area is 1 square foot of sign area per linear foot of building site frontage on a public street, up to a maximum of 100 square feet for all sign (monument and wall). A greater maximum site sign area may be allowed for multi-tenant commercial developments subject to approval of a Sign Program and based on building frontage. Replacing of existing signs at a multi-tenant development shall not require a Sign Program if the sign was originally legally constructed.
2)	The maximum allowable height of a sign must also comply with the height/setback requirements of Section 9.37.130(g).
3)	Illuminated signs located in residential districts may only be externally illuminated.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96; Ord. 01-06, 10/9/01; Ord. 03-07, 4/9/03; Ord. 03-09, 4/23/03; Ord. 04-01, 3/10/04; Ord. 08-04, 3/18/08)

§ 9.37.160 Special Use Sign Permits.

The purpose of the Special Use Sign Permits section is to permit and regulate the use of: temporary banners, pennants, and flags, in conjunction with special events; and off-site directional signage for visitor-serving land uses.

(a) Special Event Sign Permit. The use of banners, pennants, flags, and other temporary signage which are used to promote or advertise special events, civic activities, grand openings, and special sales are permitted when erected in an approved location and only upon obtaining a Temporary Site Development Permit as defined in Chapter 9.71 of the Dana Point Municipal Code; the provisions as set forth in this Section; and, where applicable an encroachment permit. Applications for special event banners, pennants and flags shall be filed with the Department of Community Development on forms furnished by the Department.

Special events held outdoors in tents, unfinished structures, or in occupancies not approved for general use shall comply with the provisions as set forth in this Section and Chapter 9.39 of the Dana Point Municipal Code.

(1) Grand Opening/Liquidation/Special Sales. On-site grand opening or liquidation sale banners, pennants, or flags in connection with the opening of a business, a major remodel, new ownership, or closure of a business may be permitted and approved by the Director of Community Development, subject to the provisions listed in this Subsection. If approved, a certificate of approval shall be issued including the expiration date.

(A) Banners, pennants, and flags shall be permitted for 60 days within a 12 month period unless extended by the Director of Community Development. This can be accrued in any multiple or consecutive days up to 60 days;

(B) Banners, pennants, and flags shall not exceed a total aggregate area of more than one square foot per lineal foot of building frontage on a public street; such banners, pennants, and flags shall not exceed an aggregate area of 24 square feet.

(C) Copy shall be limited to usual wording such as "Going Out of Business Sale," "Liquidation Sale," "Grand Opening," or wording related to special sale items. The business name may be used if the banner is used to temporarily advertise a new business prior to obtaining permanent signage.

(D) Any banner, pennant, or flag shall not be displayed within or on a window, be ground-mounted, or placed in trees. Banners, pennants, and/or flags shall be placed only on the building in which the event is to occur. No off-site banners, pennants or flags shall be permitted.

(E) Pennants and flags proposed in conjunction with the use of a banner and window signage shall be limited in size and number subject to the discretion of the Director of Community Development.

(F) Temporary banners, pennants, flags, and window signage shall compliment rather than detract from the site and permanent signage and shall comply with Section 9.37.140(e) and (f) of this Chapter.

(G) Total temporary signage for each site shall not exceed three different forms of banners, pennants, and/or flags.

(2) Non-Profit Organizations. Temporary banners, pennants, and flags advertising a special event, on- or off-site, including civic, public, religious, educational, or philanthropic events, may be granted a special event sign permit for no longer than one month per occurrence unless extended by the Director of Community Development. Temporary banners, pennants, and flags shall be appropriate for the event and shall not have an adverse affect on adjacent land uses. The sign copy may contain names, logos, or corporate sponsors but such names, logos, or corporate sponsors may not exceed 1/3 of the aggregate area of signage. Advertising signage area, specific locations, colors and materials shall be submitted for review by the Director of Community Development. If approved, a certificate of approval shall be issued including the expiration date.

(3) Fee. A fee and deposit shall be required as approved by a Resolution of the City Council to guarantee the removal of temporary banners, pennants and flags at the end of the permit period. If temporary banners, pennants or flags are not removed at the end of the permit period, the applicant shall forfeit the deposit and excess days will be debited against any potential future permit time. Fees for non-profit organizations may be waived by the Director of Community Development. The applicant shall retain a copy of an approved permit on-site to be presented upon request by an authorized City Official.

(b) Off-Site Sign Permit.

(1) Eligibility Criteria. The intent of this Section is to provide adequate off-site directional sign-age for visitor-serving land uses which are not readily visible or accessible from major public roadways. To be eligible for consideration of an off-site sign permit, a business or activity must be:

(A) A visitor-serving use as defined in the Zoning Code to include resorts, hotels, motels, restaurants, conference facilities, commercial-recreation uses, specialty and convenience shops, and recreation/open spaces uses; and

(B) Located on a site not immediately adjacent to or taking access from a Circulation Element roadway of primary or higher classification. Businesses and activities which do not meet both of these criteria are not eligible for off-site signage.

(2) Location. Off-site signs must be placed entirely on developed, private, non-residential property with the approval of the property owner. Only one off-site sign is permitted per business or activity, although more than one business or activity may be identified on an off-site sign in conformance with Subsection (3)(D) of this Section. All off-site signs must be located within a 1,000 foot radius of the business or activity advertised.

(3) Design. In order to present a unified appearance and avoid visual clutter, off-site signs shall comply with the following design criteria:

(A) Maximum height of 42 inches, which may be increased up to a maximum of 66 inches if the sign is mounted on a 24 inch landscaped berm.

(B) Maximum sign area of 24 square feet.

(C) Minimum and maximum character size of eight inches and 12 inches, respectively. Character size may be increased to a maximum of 16 inches at the discretion of the Director of Community Development.

(D) Maximum of three businesses and/or activities advertised per sign.

(E) Sign copy limited to the name of the business or activity and a simple directional arrow.

(F) Sign color, materials, method of illumination and design to be consistent with the architecture and existing on-site signage for the site where it will be located.

(G) Sign placement to comply with the provisions of Section 9.37.130 of this Chapter.

(H) The sign shall not displace any required parking stall or other required feature or element of the subject site plan.

(I) The sign shall be integrated with the site design of the subject property, including landscaping.

(J) The sign shall be calculated with the sign budget of the site it is located and shall not exceed the allowed sign budget as defined in the Zoning Code.

(4) Review and Administration. Off-site signs may be permitted subject to the approval of a minor Conditional Use Permit as a consent action by the Planning Commission. In approving an off-site sign, the Planning Commission must find:

(A) That the business or activity meets the eligibility criteria from Subsection (b)(1) of this Section;

(B) That the proposed off-site sign will improve the accessibility and visibility of the businesses or activities advertised; and

(C) That the placement and design of the proposed off-site sign will not create visual confusion, clutter or traffic hazards.

As a condition of approval for off-site signs, the applicant shall provide evidence of an agreement between the applicant and the owner of the property where the sign will be located for the placement and maintenance of the sign.

(c) Multi-Tenant Identification Sign. This Section contains criteria to allow multi-tenant centers to include all tenant names on the centers identification sign.

(1) Design. In order to assure eligibility, multi-tenant identification signs shall comply with the following design criteria:

(A) The sign shall be monument design and comply with the monument design standards detailed in this Chapter.

(B) Sign shall contain the name of the center (if any) and/or the name(s) of tenants. The name of the center shall be the prominent title either by using larger characters, different color or other design technique.

(C) Copy is easily readable from passing vehicles and character size is not more than eight inches in height.

(D) Sign color, materials, method of illumination and design to be consistent with the architecture and existing on-site signage for the site where it will be located and comply with Section 9.37.140.

(E) Sign placement and height to comply with the provisions of Section 9.37.130 of this Chapter.

(F) Size of sign shall comply with the provisions of Section 9.37.150(d) of this Chapter.

(G) The sign shall not displace any required parking stall or other required feature or element of the subject site plan.

(H) The sign shall be integrated with the site design of the subject property, including landscaping.

(I) In order to assure aesthetic compatibility, additional conditions may be required to maintain continuity and harmony of the signage on the site.

(2) Review and Administration. Multi-tenant center identification signs may be permitted subject to the approval of a minor Conditional Use Permit by the Planning Commission. In approving a multi-tenant center identification sign, the Planning Commission must find:

(A) That the business or activity meets the eligibility criteria from Subsection (d)(1) of this Section;

(B) That the proposed multi-tenant center identification sign will improve the accessibility and visibility of the businesses or activities advertised; and

(C) That the placement and design of the proposed multi-tenant center identification sign will not create visual confusion, clutter or traffic hazards.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; amended by Ord. 95-02, 1/24/95; Ord. 95-04, 2/14/95; Ord. 96-04, 3/26/96; Ord. 96-05, 4/9/96; Ord. 01-06, 10/9/01; Ord. 04-01, 3/10/04)

§ 9.37.170 Prohibited Signs.

Except as otherwise expressly permitted in this Chapter, all signs are expressly prohibited, including, but not limited to the following:

(a) Flashing, moving, animated and intermittently lighted signs and advertising devices including animals and human beings, excluding public service signs such as time and temperature signs and traditional barber shop poles.

(b) Roof signs as defined in Section 9.37.020(r).

(c) Signs which project over public right-of-way or adjacent private property.

(d) Changeable copy signs with the exception of signs intended for the advertisement of civic activities and menu board signs.

(e) Banners, flags, pennants, balloons, and other temporary signage except as may be permitted by Section 9.37.160 in conjunction with a Temporary Site Development Permit or Section 9.37.110(k).

(f) Off-site signs and other similar signs installed for the purpose of advertising a project, subject, or business, unrelated to the premises upon which the sign is located, inclusive of "snipe" signs and billboards, but exclusive of garage/yard sale and open house signs.

(g) Vehicular signs including signs attached by any means to automobiles, trucks, trailers, or other vehicles on private or public property for the purpose of advertising, identifying, or providing direction to a use or activity not related to the lawful use of the vehicle for rendering service or delivering merchandise.

(h) Obscene or unlawful signs.

(i) Signs in the public right-of-way and public property except those signs that are provided for in this Chapter.

(j) Permanent pole signs exceeding five feet in height, not including flag signs, with open space from ground level to the bottom of the sign exceeding 35% of the overall height.

(k) Audible signs or advertising devices.

(l) Inflatable signs and advertising devices.

(m) Canned monument signs.

(n) Portable signs which include A-frame or sandwich board signs.

(o) Internally illuminated monument signs.

Exhibit 9.37-11 depicts many of the prohibited sign types described in this Section.

EXHIBIT 9.37-11 PROHIBITED SIGNS

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 03-07, 4/9/03; Ord. 03-09, 4/26/03)

§ 9.37.180 Unsafe and Unauthorized Signs.

For any sign or other advertising device regulated in this Chapter that is deemed by the Director of Community Development to be unsafe or hazardous to the public health, safety, and welfare or that has been constructed, erected, or maintained in violation of this provisions as set forth in this Chapter or other applicable code, the permittee or property owner shall be given written notice to correct and/or remove the sign violation. If the permittee or property owner fails to alter or remove the structure to comply with the regulations set forth in this Code within 10 days, such sign violation may be removed or altered by the City at the expense of the permittee or owner. Any sign or advertising device which presents an immediate threat to the public safety may be removed without notice.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.190 Nonconforming Signs.

A legal nonconforming sign is any permanent sign which was legally established and maintained in conformance with the ordinance codified in this Chapter in effect at the time of original installation, but because of size, height, location, design, construction, or other circumstance is not in conformance with the requirements of this Code. The provisions of this Section shall apply to all nonconforming signs.

(a) General Provisions. A nonconforming sign shall be properly maintained in accordance with Subsection (c) of this Section, but may not be:

(1) Changed to another nonconforming sign either due to a change in text, cosmetically or structurally;

(2) Structurally or electrically expanded or altered unless such alteration brings the sign into conformance with all current provisions of this Chapter;

(3) Relocated to another site on the same property;

(4) Re-established after discontinuance for 90 days or more;

(5) Re-established after damage or destruction of more than 50% of its original valuation.

(b) Removal. Existing signs which are determined to be nonconforming on the effective date of this Chapter (December 26, 1991) shall be modified or removed to comply with all provisions of this Chapter within seven years of the initial date of first written notice from the Director of Community Development, unless extended as permitted in this Section. Such written notice shall be recorded with the Orange County Recorder and mailed to the property owner. The owner shall be given written notice to correct or remove the non-conforming sign within the seven year amortization period. If the property owner fails to alter or remove the structure to comply with the regulations set forth in this Chapter within 10 days following the final date of the amortization period, such sign may be removed or altered by the City at the expense of the permittee or owner. Signs which were erected or altered without a required permit or signs which did not comply with the applicable regulations when erected shall be immediately removed by the owner upon written notice from the City.

(1) Window Signs. Any window sign that does not conform to this Chapter shall be abated or made to conform within 120 days of the property or business owner receiving written notice that the sign is nonconforming.

(c) Maintenance. All signs shall be maintained in good repair and functioning properly, to the satisfaction of the Director of Community Development. Signs shall be free from all defects including but not limited to cracking, peeling and rusting. Signs that are not properly maintained shall be deemed a public nuisance and may be abated upon proper notice.

(d) Minor Repairs and Repainting. Legal nonconforming signs may be removed for the purpose of repairing or repainting and may be replaced upon obtaining a sign permit. Legal nonconforming signs may be replaced if the identical sign and text is replaced within 60 days of its removal.

(e) Change of Ownership. Upon change of ownership of the business advertised by the nonconforming sign, the sign as originally approved, including text, may remain on site for seven years from the date of written notice from the Director of Community Development in accordance with procedure of Subsection (b) of this Section.

(f) Change in Property Size or Configuration. If any size or configuration of a parcel or building is changed by the subdivision of the property, building addition or demolition, signs for the property shall be made to conform to the sign regulations applicable to the newly created parcel or building at the time such change becomes effective.

(g) Time Extension. Prior to the expiration of the seven year period provided in Subsection (b) of this Section, a written request may be made to the Planning Commission for an extension. No time extension shall be approved for any sign unlawfully erected.

(1) Time Period. The Planning Commission may approve a time extension for a period deemed appropriate, up to one year.

(2) Application and Fee. An application shall be submitted on a form provided by the Director of Community Development and accompanied by a fee set by a Resolution of the City Council. Submittal requirements shall include:

(A) An exhibit showing all signs currently on site;

(B) The date the sign was constructed and located on the site;

(C) The remaining economic life of the sign, which may or may not be less than the actual physical life of the sign;

(D) Any unusual circumstances concerning the size, height and location of the sign;

(E) The manner in which the sign violated the sign regulations as provided in this Section;

(F) A letter of justification showing how the immediate removal or alteration of the sign, as required by this Section, would create unnecessary hardship on the applicant, and which hardship may be inconsistent with the purpose and intent of the sign regulations.

(3) Findings. The Commission shall find the following in approval of an extension of time for a nonconforming sign:

(A) Due to special circumstances, immediate removal of the sign will result in a substantial hardship for the applicant.

(B) The sign is not detrimental to the surrounding properties or the general health, safety and welfare.

(C) The sign does not constitute an obstruction to vehicular or pedestrian traffic or visibility and is not a hazardous distraction.

(4) Conditions. Subject to approval of the time extension, the Planning Commission may require reasonable modification or alteration to the sign to improve appearance or its compliance with this Section. Modification that would extend the useful life of the sign shall not be permitted.

(h) All signs deemed nonconforming by the adoption of this Code and subject to Subsections (b) through (g) of this Section shall have the period of time extended to remove or modify the sign extended to December 31, 2001.

(i) Discretionary Review of Existing Nonconforming Signs. Nonconforming signs in existence at the time these provisions are adopted by the City Council may apply for a Sign Exception Permit to legalize the subject sign as an alternative to removing or modifying the sign to comply with the requirements of this Chapter. Applications to request a Sign Exception Permit shall be submitted to the Community Development Department within 90 days from the date the Sign Ordinance amendment is adopted. Nonconforming signs, as defined in this Section, for which applications have not been received by this date shall be removed.

(1) The Planning Commission, at a noticed public hearing, may grant a Sign Exception Permit, provided the following findings can be made:

(A) Enforcement of regulations of the Sign Code would result in unnecessary physical hardship which would preclude visual access of the proposed sign;

(B) There are exceptional circumstances to subject property which do not apply to other properties;

(C) Enforcement of regulations would deprive the applicant of privileges enjoyed by other properties with the same constraints;

(D) Sign Exception Permit would not result in a grant of special privilege;

(E) Request is based on hardship and not as a matter of convenience;

(F) Granting of the Sign Exception Permit would not result in conditions which would be detrimental to public health, safety or welfare to properties in the vicinity;

(G) Approval places suitable conditions to protect surrounding properties;

(H) Approval would not result in adverse impacts, either cumulatively or individually, to coastal access, public recreation opportunities, or coastal resources, and development would be consistent with Local Coastal Program;

(I) The sign is visually appealing, currently in good working order and well maintained, and does not currently have a sight-line or other vehicular or electrical problem that creates a public health, safety or welfare issue; and

(J) The site has a physical or functional constraint that effectively limits the ability of the business to advertise its location to the general public through the placement of a conforming sign;

(2) The property owner shall submit the Sign Exception Permit application to the Community Development Department within 90 days from the date the ordinance codified in this Chapter is adopted. The application shall include:

(A) Discretionary Application forms;

(B) Letter of justification addressing findings identified in Subsection (1) of this Section;

(C) Colored site photos of all signs on subject property;

(D) Site plan including dimensions of subject sign; and

(E) Planning fees (CEQA fee).

(3) The Planning Commission's denial of a request for a Sign Exception Permit shall designate the sign as illegal. As an illegal sign, it shall be removed within 30 days once the decision is final.

(4) The Planning Commission's approval of a Sign Exception Permit shall render the sign legal nonconforming which shall be subject to the provisions of this Section except shall not require removal under Subsection (b) of this Section.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94; Ord. 00-06, 10/24/00; Ord. 01-06, 10/9/01; Ord. 04-01, 3/10/04)

§ 9.37.200 Inventory and Abatement of Illegal or Abandoned Signs.

(a) Within six months after the adoption of the ordinance codified in this title, the Director of Community Development shall authorize an inventory and identification of illegal and abandoned signs shall be made of all signs within the City. Illegal or abandoned signs shall be abated in accordance with the provision of this Section.

(b) The Director of Community Development shall require the removal or abatement of all illegal or abandoned signs. If signs are not removed by the owner, abatement shall commence after 60 days of the final inventory of illegal or abandoned signs.

(c) Any unlawful signs located within the public right-of-way or on public property may be removed, without notice, by the Director of Community Development. Abated signs shall be retained at City Hall for a period of not less than three working days, after which the signs may be discarded.

(d) Should the City be required to remove any illegal or abandoned signs, the reasonable cost of such removal shall be assessed against the owner of such signs. The cost of removal shall be established by a Resolution of the City Council.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.210 Historical Signs.

An existing sign, which because of character, age, influence, cultural or historic significance, may be exempted from the standards of this Chapter. All such signs shall be subject to approval of a minor Conditional Use Permit by the Planning Commission.

(a) Historical signage criteria may include:

(1) Date in which the sign was erected;

(2) Documentation of originality of historic or cultural value;

(3) Documentation showing that the sign has been maintained in original form and significant text as when it was originally constructed.

(b) Findings. In approving a historical sign, the Planning Commission shall determine:

(1) That the sign contributes to the positive architectural, cultural, or historical character of the City of Dana Point, County of Orange, State of California, or the United States;

(2) That the sign would not create confusion to the public or to public safety officials in response to emergencies;

(3) That the sign would not adversely affect the health, safety or welfare of the community; and

(4) That documentation of the history of the sign and site has been provided to the City for archive purposes.

(Added by Ord. 91-17, 11/26/91; amended by Ord. 94-03, 1/11/94)

§ 9.37.220 Maintenance and Operation.

(a) All time and/or temperature signs shall be continually maintained and calibrated to display the correct time and accurate temperature. Within three days of the bi-annual time change, signs displaying the time shall be adjusted accordingly.

(b) All signs shall be maintained in good repair and functioning properly to the satisfaction of the Director of Community Development. Signs shall be free from all defects including but not limited to cracking, peeling, and rusting. Signs that are not properly maintained shall be deemed a public nuisance and may be abated upon proper notice.

(Added by Ord. 94-09, 5/24/94; amended by Ord. 01-06, 10/9/01)

§ 9.37.230 Use of Product or Manufacturer Names in Signs.

(a) Product or manufacturer names are permitted on temporary banner signs. Product or manufacturer names may be allowed in tenant identification signage under the following conditions:

(1) The registered name of the business (dba) includes the product or manufacturer name; or

(2) The product or manufacturer name is associated with a product which, when new, has a manufacturer's suggested retail price exceeding $1,000.

(b) If a product and/or manufacturer name is used in a tenant identification sign, the following restrictions shall apply:

(1) The product and/or manufacturer name portion of the sign may not exceed 20% of the total sign area; and

(2) A maximum of one product name and one manufacturer name may be included in the sign except as provided in Subsection (c).

(c) Exceptions from Subsection (b)(2) may be permitted subject to the approval of a minor Conditional Use Permit by the Director of Community Development.

(Added by Ord. 94-21, 12/18/94; amended by Ord. 04-01, 3/10/04)