In adopting this chapter, the city council acts in its proprietary capacity as to public property within the city. Private parties may post signs on public property only in accordance with this chapter or some other authorization duly adopted by the city council.
(Ord. 927 § 2, 2014)
The city declares its intent that all public property in the city shall not function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.
(Ord. 927 § 2, 2014)
For purposes of interpreting and enforcing this chapter, the following words have the special definitions given. For words not defined in this chapter, definitions from Chapter 17.640 may be used as interpretive aids. In consultation with the city attorney, the administrator is authorized and directed to interpret these definitions in light of relevant court decisions.
"Administrator"
means the person authorized by the city council to enforce and interpret this chapter; in the absence of a contrary authorization by the city council, the administrator shall be the city manager or designee.
"City"
means for purposes of this chapter, the city of Brentwood and any of its related entities.
"Cluster sign structure"
means a permanent sign structure in a fixed location designed to advertise and give direction to a maximum of eight housing subdivisions, with four panels on each side, under development or construction in the city.
"Neighborhood identification sign"
means a sign that identifies a neighborhood that is officially designated by the city.
"Non-commercial message"
means a constitutionally protected message that is not commercial in nature. Non-commercial messages on signs typically address topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. The on-site/off-site distinction does not apply to non-commercial messages or signs displaying them.
"Permit"
means a written authorization from the city for third party display of a sign on public property.
"Personally attended"
means that a person is physically present within five feet of the sign at all times.
"Public property"
means land or other property in which the city is the owner or has the present right of possession and control, as well as areas which are either designated as public rights-of-way or which have long been used as such.
"Sign"
means the same as the definition of the word "sign" in Chapter 17.640.
"Sign ordinance"
means Chapter 17.640, as that chapter may be amended from time to time.
"Special public events"
means events such as public street closures, parades and demonstrations.
"Traditional public forum"
means the surfaces of city-owned streets, surfaces of city-owned parks, surfaces of city-owned plazas, surfaces of sidewalks which are connected to the city's main pedestrian circulation system and the exterior surfaces of pedestrian areas immediately surrounding City Hall.
(Ord. 927 § 2, 2014)
A. 
General Prohibition. No sign may be displayed on public property unless a permit therefor has first been issued or the subject sign is expressly exempt from the permit requirement by this or another applicable policy statement or other authorization approved by the city council.
B. 
Abatement. All permits must be consistent with this chapter. Any sign posted on public property within the city, contrary to the sections stated herein, may be summarily removed as a trespass and a nuisance by the city pursuant to this chapter. Sign owners who have signs removed by the city may be charged for all costs associated with the removal. Removed signs will be held by the city for a period of thirty days and the property/sign owner notified of same. Failure to respond to the notification may result in the sign(s) destruction or disposal by the city.
(Ord. 927 § 2, 2014)
A. 
Permit Application. The administrator shall prepare and make available to members of the public an application for a permit, which shall, when fully approved, constitute a permit and indicate the city's consent, in its proprietary capacity, for placement of a sign on public property. The applicant for the permit must be the same person or entity who is to be the owner of the sign and who shall be responsible for its removal when required. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance, as that fee currently exists or may be amended from time to time, or such other fee as may be set by the city council. The application form shall require the applicant to state that he or she shall abide by the city's policies, as well as any special terms or conditions which may be stated on the permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated.
B. 
Findings for Permits for Signs on Public Property. The administrator shall issue a permit for placement of a sign on public property only if, based on the information provided on the permit application and any testimony or evidence presented by the public, the following findings can be made:
1. 
The proposed sign complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable development standards of this chapter; and
2. 
Placement of a proposed sign at or near any street or driveway intersection shall be subject to the satisfaction of the city's community development department and traffic engineer with regard to sight-distance issues; and
3. 
The overall height of the proposed sign complies with the design requirements of this chapter, and, when combined with supports and/or tethers, will not interfere or come in contact with overhead utilities or be subject to tipping or other potential hazards; and
4. 
The city engineer or designee has determined that the proposed sign will not create an unlawful obstruction and will not be placed within the following areas:
a. 
Within a portion of a roadway, alley, or projecting into a portion of a roadway or alley;
b. 
Within four feet of any marked crosswalk;
c. 
Within fifteen feet of the curb return of an unmarked crosswalk;
d. 
Within four feet of a fire hydrant, fire call box, police call box or other emergency facility;
e. 
Within four feet of a driveway, building entrance, or sidewalk leading to the entrance of the building;
f. 
Within four feet ahead of, and fifteen feet to the rear of, a sign or pavement markings designating a bus stop;
g. 
Within four feet of a bench, seat or chair placed for public use within a public right-of-way;
h. 
Within four feet of an above-ground utility cover or street furniture;
i. 
At any location where the clear space for the passageway of pedestrians is reduced to less than four feet;
j. 
Attached to any parking meter, traffic signal, street light, fire hydrant, power pole, sign post, refuse container or tree;
k. 
In violation of local and state handicapped accessibility regulations.
C. 
Permits Issued in Error. Any permit issued in error may be summarily revoked by the administrator by informing, in writing, the applicant of the nature of the error in issuance. Any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application, but shall be waived when the original issuing error was caused by the city. When a permit is revoked, the permittee must remove the sign within seven calendar days of the revocation. If the permittee does not do so, then the city may remove the sign and recover from the permittee the reasonable cost of removal, as may be set by resolution of the city council. Such cost recovery may be a condition to any future or additional permits.
D. 
Right to Permit—Appeal. An applicant whose application fully complies with the terms and conditions of this chapter shall be duly issued a permit. Applications which are denied or permits which are revoked or suspended may be appealed in the same manner as any sign-related decision under Chapter 17.835.
(Ord. 927 § 2, 2014)
The following signs are exempt from the permit requirement:
A. 
Exempt Signs—General.
1. 
Government Signs. Traffic control and traffic directional signs erected by the city or another governmental entity; official notices required or authorized by law; signs placed in furtherance of its governmental functions; and signs allowable under Chapter 17.640.
2. 
Legal Nonconforming Signs. Permanent signs which were erected in the past on public property in conformance with all applicable laws, rules and regulations then in effect may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.
3. 
Commercial Mascots. Commercial mascots on the public sidewalk from sunrise to sunset, subject to a maximum sign area displayed of twelve square feet per person, with no special illumination and no inflatable objects.
B. 
Traditional Public Forum Areas.
1. 
This section applies only when city regulations concerning special public events, parades and demonstrations do not.
2. 
In areas qualifying as traditional public forums, private persons may display non-commercial message signs thereon without first obtaining a permit, provided that the signs conform to all of the following:
a. 
The signs must be personally held by a person or personally attended by one or more persons.
b. 
The signs may be displayed only during the time period of sunrise to ten p.m.
c. 
The maximum aggregate size of all signs held by a single person is twelve square feet.
d. 
The maximum size of any one sign which is personally attended by two or more persons acting in concert is thirty-two square feet.
e. 
The sign(s) shall have no more than two display faces and may not be inflatable or air-activated or produce noise, smoke or fumes.
f. 
In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within the visibility triangle.
C. 
Real Estate Signs; Garage Sale Signs. Signs displaying information about real estate open house events, garage sale events, or any non-commercial messages may be displayed without a permit, subject to the following:
1. 
Signs may be displayed on weekends, legal holidays and broker tour days only and shall be removed at the conclusion of the event, and in the case of real estate open house signs and non-commercial messages, at the end of the weekend, holiday or broker tour day.
2. 
The total dimensions including support stake or pole shall not exceed three feet in height by three feet in width.
3. 
Signs may be mounted in the public right-of-way in locations where they will not interfere with normal pedestrian or vehicle traffic, and must not block the visibility triangle. Signs may not be placed in the street median (middle of the street) or on any light standard or pole, and cannot block the view of other signs.
4. 
A maximum of four signs shall be allowed for each event or message. Personal attendance is not required, and illumination is not allowed.
5. 
Signs shall be temporary in physical structure and mounting method.
6. 
Signs described in this subsection which are displayed in times other than the allowable hours may be summarily removed by the city.
(Ord. 927 § 2, 2014)
A. 
General. Subject to the conditions stated in this chapter, banners may be displayed on city-owned light standards in the downtown and on major and minor arterials as described in the general plan, for the purpose of identifying and promoting area themes or identities, or announcing or promoting special events which are open to the public and are sponsored or co-sponsored by the city.
B. 
Eligibility. Participation in this light standard banner program is open only to programs sponsored or co-sponsored by the city and commercial establishments with Brentwood locations which are open to the public, and educational institutions which are properly authorized, licensed and accredited with the California Department of Education, which comply with the mandatory public education requirements of state law. No more than twenty percent of the display area on each side of a banner promoting a special event or area theme may be devoted to commercial sponsorship identification.
C. 
Display Time. Eligible parties may display street banners only for a maximum of six months per year. Extensions may be granted by the administrator if the sponsor wishes to retain the banners, the banners remain current and no other eligible party has applied for that location. Requests to display banners in accordance with this chapter shall be prioritized in the order received. City sponsored banners have priority over all eligible applicants seeking to participate in the street banner program.
D. 
Technical Standards. The technical standards for such banners shall be developed by the administrator or designee, who is also authorized to establish and enforce policy regarding the physical installation and removal of banners.
E. 
Insurance and Indemnification. As a condition of approval, parties participating in the city's light standard banner program must provide proof of insurance, in a form satisfactory to the administrator, that the participant carries insurance covering comprehensive general liability (including risks of personal injury including death and property damage, as well as advertising injury), with a coverage limit of at least one million dollars. Such insurance shall name Brentwood, including its city council, individual city council members, boards and commissions and their individual members, officers and employees as additional insureds, or name them as certificate holders. The participant shall also indemnify, hold harmless and defend Brentwood, its city council, individual city council members, boards and commissions and their individual members, officers and employees (including reasonable attorney's fees) in the event of a challenge to the banner program, as well as against all claims of liability.
(Ord. 927 § 2, 2014)
A. 
When the city sponsors or co-sponsors a program for a special public event, with or without cosponsors, public property may be used to promote and identify the special event.
B. 
Off-site signs may be used to advertise parades, festivals, charitable or educational fundraisers, sports league sign-ups, holiday home tours and similar events, provided that the following standards are adhered to:
1. 
Signs on public property shall be limited to the following locations:
a. 
The northwest and southeast corners of the Sand Creek Road and Fairview Avenue intersection.
b. 
The southwest and southeast corners of the Sand Creek Road and O'Hara Avenue intersection.
c. 
The northeast corner of Dainty Avenue and Central Boulevard.
d. 
Within fifty feet of the southwest corner of Chestnut Street and Sellers Avenue.
2. 
No more than four signs per event shall be allowed, with no more than one sign at each location.
3. 
Signs shall not be placed more than thirty days in advance of the event and shall be removed no later than five days after the conclusion of the event.
4. 
Individual signs shall not exceed an area of thirty-two square feet.
5. 
Signs shall be non-illuminated, and shall not include reflective materials.
6. 
Signs shall be securely fastened on all sides to an on-site structure such as a building, fence or wall.
7. 
Signs shall be constructed of durable and weatherproof materials, including, but not limited to, vinyl and woven nylon, and shall be continuously maintained in good condition.
8. 
Signs shall only advertise events that are to take place within the Brentwood city limits, or that are sponsored by or raise funding for organizations located within the Brentwood city limits.
(Ord. 900 § 2, 2012; Ord. 927 § 2, 2014)
Off-site cluster sign structures designed to advertise and give direction to a maximum of eight subdivisions (four sign panels on each side) under development within the city may be allowed on public property subject to the provisions of this section.
A. 
These signs shall be located at the intersection of two thoroughfares. The exact locations shall be considered on a case-by-case basis by the city.
B. 
No two cluster sign structures shall be located within one thousand feet of any other cluster sign structure with the exception that two cluster signs may be allowed at one intersection, provided that they are not on the same corner.
C. 
The maximum height of these signs shall be eleven feet and the maximum area shall be forty square feet (excluding base).
D. 
A refundable cash bond in an amount set by resolution of the city council shall be posted with the city prior to the issuance of building permits, as a guarantee for the removal of each sign structure.
E. 
If any sign falls into disrepair or is modified in any way that is not in compliance with this section, the city shall have the right to remove the sign and any deposits posted will be forfeited.
F. 
The signs authorized by this section may be used only for commercial messages related to development of tract housing projects.
(Ord. 927 § 2, 2014)
Neighborhood identification signs may be installed at the entrance to neighborhoods or districts, subject to the following restrictions:
A. 
The maximum number of signs is two per neighborhood or district.
B. 
Signs shall be located at the corners of streets entering the area.
C. 
Signs shall be mounted on a legal fence, wall or similar structure.
D. 
The maximum copy area shall be fifteen square feet.
E. 
Where dedication of the sign is proposed, and subject to acceptance, the dedication shall include the structure on which the sign is located, and the land on which the structure is located, together with access to the nearest public right-of-way.
F. 
Illumination of signs shall be external and ground-mounted only.
(Ord. 927 § 2, 2014)
If any section, subsection, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 927 § 2, 2014)