(A)
The purposes of this chapter include:
(1)
Encourage the effective use of signs as a means of communication
in the City;
(2)
Maintain and enhance the aesthetic environment and the City's ability
to attract sources of economic development and growth;
(3)
Encourage signs, which are integrated with and harmonious in size,
design, style, material, and appearance to the buildings and sites,
which they occupy and surround;
(4)
Improve pedestrian and traffic safety;
(5)
Minimize the possible adverse effect of signs on nearby public and
private property; and
(6)
Enable the fair and consistent enforcement of these sign restrictions.
(B)
This chapter is adopted pursuant to the City's police powers in furtherance
of the more general goals set forth in the General Plan to regulate
the time, place, and manner that signs may be used within the City's
jurisdiction.
(Ord. 2097 § 3, 2013)
This chapter regulates signs placed on private and public property
located within the City of Monterey Park. For signs on public property,
this chapter applies only to public property not owned or controlled
by the City and over which the City may exert its land use regulations.
Signs on public property owned or controlled by the City are subject
to separate codes, regulations, or policies not set forth in this
chapter.
(Ord. 2097 § 3, 2013)
Unless otherwise provided in this chapter, all signs displayed
within the City must have a valid permit issued in accordance with
the procedures in this chapter.
(Ord. 2097 § 3, 2013)
Before the City issues any permit pursuant to this chapter for
a permanent sign, an applicant must provide written documentation
that the building or property owner of the area upon which a proposed
sign would be erected or displayed, consents to its placement. Signs
that are exempt from the permit requirements of this chapter may be
erected or displayed only with the building or property owner's consent.
(Ord. 2097 § 3, 2013)
Noncommercial copy may be substituted for any commercial or
noncommercial copy on any sign that is allowed by this chapter, whether
permitted or exempt. Message substitution may be made without any
additional City approval or permitting. This section prevails over
any more specific provision to the contrary within this chapter. The
purpose of this section is to prevent any inadvertent favoring of
commercial speech over noncommercial speech, or favoring of any particular
noncommercial message over any other noncommercial message. This section
does not create a right to increase the total amount of signage on
property, does not affect the permitting requirements of this chapter,
and does not override terms and conditions in private contracts.
(Ord. 2097 § 3, 2013)
All signs must comply with all applicable law including, without
limitation, the uniform building, electrical, plumbing, mechanical,
and grading codes, at the time the sign is constructed and mounted
for display. Signs that are substantially rebuilt, remodeled, or refurbished
must conform to all codes in effect at the time such work occurs.
(Ord. 2097 § 3, 2013)
Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in Chapter 21.32. Unless otherwise provided to the contrary, all sign regulations of precise plans and conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs.
(Ord. 2097 § 3, 2013)
The City Planner may classify every sign proposed to be erected
within the City's jurisdiction in accordance with this chapter. Signs
that do not clearly fall within one of the definitions provided by
this chapter must be placed in the classification that the sign, based
upon its design, location, physical characteristics, and purpose,
most closely approximates. Unless appealed to the Planning Commission
pursuant to this code, the City Planner's decision is final.
(Ord. 2097 § 3, 2013)
All elements of signs including, without limitation, supports,
poles, lights, and temporary construction materials, must be maintained
in good and safe structural condition. Permittees, persons who erected
or posted the sign, persons owning the property or building who granted
permission for the sign to be erected or displayed, and the owner
of the real property upon which the sign was erected or posted, regardless
of that owner's knowledge of the sign, are all jointly responsible
for sign maintenance. All successors in interest to these persons
are equally responsible for sign maintenance.
(Ord. 2097 § 3, 2013)
Unless otherwise expressly permitted by this chapter, it is
unlawful to construct or use any permanent structure for displaying
offsite commercial messages.
(Ord. 2097 § 3, 2013)
Unless otherwise expressly permitted by this chapter, all exterior
signs must be permanently affixed to a building, permitted sign support,
or firmly attached to the ground. Portable or moving signs with commercial
copy are unlawful. Temporary signs are unlawful except as expressly
allowed by this chapter.
(Ord. 2097 § 3, 2013)
It is unlawful for signs to be constructed, erected, or displayed
as follows:
(A)
Signs Supports. Signs may not be supported with exposed bracing,
angle iron, guy wires, cables, or similar materials.
(B)
Lighting. Signs may not include bare light bulbs over 15 watts that
are visible from the front of the sign or beyond the property line.
Neon or argon lamps are permissible.
(C)
Overhead Power Lines. Signs may not be connected to visible overhead
electrical power lines.
(Ord. 2097 § 3, 2013)
It is unlawful to erect signs that are detrimental to public
health or safety. Such hazardous signs include those, that because
of design, construction, lighting, or location:
(A)
Could be reasonably mistaken for a traffic signal;
(B)
Obstruct free and clear observation of any legal traffic sign, signal
or device;
(C)
Obstruct any door, window, or fire escape of buildings or impeded
pedestrian traffic over public rights-of-ways;
(D)
Are attached to a standpipe or fire escape; or
(E)
Otherwise poses a threat of death, damage, or injury to persons or
property.
(Ord. 2097 § 3, 2013)
(A)
It is unlawful to erect a sign within the clear-sight triangle area
other than as described in this section. These regulations ensure
visibility for operators of motor vehicles, bicycles, and pedestrians
on intersecting roadways.
(B)
Within a clear-sight triangle area, signs may not extend above 36
inches in height, measured from the adjacent street, alley, or sidewalk
grade (Figure 21.24(A)). However, pole signs with a sign face that
is at least eight feet above grade may be placed within a clear-sight
triangle.
|
Figure 21.24(A) Clear-Sight Triangle Area
 |
(Ord. 2097 § 3, 2013)
Unless otherwise provided by this chapter or by City Council
resolution, it is unlawful to display signs on public property owned
by the City.
(Ord. 2097 § 3, 2013)
Unless otherwise provided by this chapter, it is unlawful to
erect, allow, or maintain wind activated signs such as spinner, pennants,
streamers, and balloons.
(Ord. 2097 § 3, 2013)
(A)
Except as otherwise provided by this chapter, mobile signs are prohibited.
(B)
This section does not apply to mobile signs where the copy relates
only to the business or establishment of which the vehicle itself
is a part; pertains to the sale, rent, lease, or hiring of such vehicle;
or is a noncommercial message.
(Ord. 2097 § 3, 2013)
Unless otherwise provided by this code, it is unlawful to erect,
allow, or maintain animated signs or illuminated signs that detrimentally
affect surround property. This prohibition does not apply to neon
and argon lamps designed for outdoor display.
(Ord. 2097 § 3, 2013)
Unless otherwise provided by this chapter, it is unlawful to
erect, allow, or maintain a roof sign. However, roofs with a slope
varying more than 45 degrees from the horizontal plane are considered
wall space. However, noncommercial temporary signs, whether using
illumination or not, may be mounted on roofs in residential zones
between November 14 and January 5 each year.
(Ord. 2097 § 3, 2013)
(A)
Unless otherwise provided in this chapter, it is unlawful to erect,
allow, or maintain signs with commercial messages that face any residential
area.
(B)
This prohibition does not apply to commercial establishments that
face streets designated as arterial in the General Plan.
(C)
Businesses that face a residential area, are not located on an arterial
street, and do not have other street frontage for identification may
obtain a permit for a sign facing the residential area. Permits issued
for such signs, in additional to any other condition required by this
chapter, are conditioned upon such signs not being illuminated; only
on-site directional signs located on such businesses may be illuminated.
(Ord. 2097 § 3, 2013)
It is unlawful to erect, allow, or maintain a sign that blocks
or shadows solar energy collection devices from direct sun exposure
in a manner inconsistent with any State or City regulation.
(Ord. 2097 § 3, 2013)
(A)
No billboards or outdoor advertising structures shall be permitted
in any zone in the City. This prohibition shall not apply to any billboard
or outdoor advertising structure (1) for which a building permit or
the equivalent had been obtained and (2) for which construction has
commenced and substantial liabilities have been incurred, both in
good faith reliance on the permit. The issue on the "substantiality"
of expenditures, and liabilities, and the issue of "good faith" are
questions of fact to be determined by the City Council, with the burden
proof on the applicant. Any person or entity who speeds up his or
her project with knowledge of the pendency of this ordinance will
be deemed not to have proceeded in "good faith."
(B)
This section shall not be amended except by a majority of the voters
of the City voting thereon at a regular or special municipal election.
(Ord. 2097 § 3, 2013)
[1]
Added by Ordinance No. 1921, adopted by the electorate March
4, 1997.
Unless otherwise provided, the following are exempt signs:
(A)
Accessory Signs in Commercial Zones or the O-P Zone. The total area
of all such signs displayed by a single establishment may not exceed
two square feet without a permit.
(B)
Barber Poles. Traditional barber poles bearing no advertising message.
(C)
Construction Project Signs. Construction project signs displayed
on the same parcel as the project being developed or built during
the time period beginning with the City's issuing a building permit
and ending with the City's issuing of a certificate of occupancy for
the last unit or portion of the building must comply with the following:
(1)
A maximum of one sign in residential zones and two signs in all other
zones.
(2)
Signs may not exceed six square feet in residential zones; in all
other zones, they may not exceed 16 square feet.
(3)
Signs may not exceed more than three feet above where the roof line
of the completed structure is located.
(4)
All signs must be removed before a certificate of occupancy is granted
for the last unit or portion of the project.
(E)
Flags and Flagpoles. Flags or similar devices with noncommercial
images and symbols must comply with the following:
(1)
Flags cannot exceed a maximum vertical dimension of five feet;
(2)
Flags cannot exceed a maximum horizontal dimension of eight feet;
(3)
All flags located on a lot cannot exceed a maximum cumulative area
of 40 square feet;
(4)
When flags are mounted on a pole, the height of the pole cannot exceed
30 feet above grade; and
(5)
Not more than one flag pole may be placed on a lot.
(F)
Historical Site Plaques. Plaques or signs designating a building
as a historical structure.
(G)
Legally Required or Authorized Signs. Signs and notices required
by or specifically authorized by law must conform to the requirements
of the authorizing law. When the law states a minimum size for such
size, but no maximum size is stated, then the minimum size under the
law is also the maximum size permitted by this chapter.
(H)
Noncommercial Group Signs. Signs displaying the name(s) or message(s)
of noncommercial organizations or groups may be displayed on private
land. Such signs must comply with the following:
(1)
Signs must be freestanding.
(2)
Signs cannot exceed a maximum area of six square feet per display
face.
(3)
Signs cannot exceed a maximum number of two display faces.
(4)
Signs cannot exceed a maximum height of eight feet.
(5)
Signs cannot be illuminated.
(6)
Signs must be located near entrances to the City from an arterial
road or freeway and be oriented toward traffic as it enters the City.
(I)
Noncommercial Messages—Residential Uses. Noncommercial signs
displayed in legal dwelling units must comply with the following:
(1)
Signs cannot exceed a maximum cumulative area of six square feet.
(2)
Signs cannot exceed a maximum height of eight feet.
(3)
Not more than two noncommercial signs (except campaign signs) may
be placed on a lot.
(4)
Freestanding signs must be placed at least five feet back from the
property line.
(5)
Illuminated signs are prohibited.
(J)
Professional and Business Shingles. Name plate signs for a professional
office or a professional office within another establishment, or shingle
type signs which announce the name and type of profession, business
or activity, must comply with the following:
(1)
Signs must be displayed on the ground or second floor of a main building
in all commercial zones and the O-P Zone;
(2)
Signs cannot exceed three square feet in area;
(3)
Signs must be fastened directly to the building or hang from an awning,
building overhang or canopy, and may not extend beyond the property
line;
(4)
Signs may not be displayed in a residential zone or on a residential
use; and
(5)
Signs must comply with any master sign plans in place for the subject
property.
(K)
Public Interest Notices. Notices placed on bulletin boards or kiosks
maintained by the State or other public entity for the purpose of
displaying such notices.
(L)
Public Message Signs. Signs displaying noncommercial messages for
public information, such as designation of restrooms, telephone locations,
smoking rules, and door openings, may not exceed three square feet
in area.
(M)
Real Estate Signs. Signs must comply with the following:
(1)
Signs must be displayed on private real property.
(2)
One sign may placed on the real property to which it pertains in
residential zones; four signs may be placed on the real property to
which they pertain in all other zones.
(3)
Signs cannot exceed six square feet in residential zones or 16 square
feet for all other zones.
(4)
Signs must be removed within 15 days after the advertised property
is sold, rented or leased.
(N)
Special Events for Charitable and Other Noncommercial Groups and
Establishments. Moving and portable signs held by humans for the special
events of charitable, nonprofit, and noncommercial organizations must
comply with the following:
(O)
Temporary Freestanding Signs. Temporary freestanding signs as regulated
by this chapter.
(P)
Temporary Real Estate Directional Signs. Signs that identify and
provide directional information to any residential property that is
offered for sale, or for rent for the first time must comply with
the following:
(1)
Signs must be located only along the most direct single route to
the residential property along arterial streets.
(2)
Not more than one sign is permitted at each intersection.
(3)
Signs must be removed when the subject property is sold or, for temporary
signs, when the event ends.
(4)
Signs cannot exceed nine square feet in area.
(5)
Signs cannot exceed five feet in height.
(6)
Signs cannot be displayed on public property.
(7)
Temporary real estate directional signs allowed under this section
are in addition to those specifically allowed by State law.
(Q)
Temporary Window Signs. Up to 20% of the total first floor frontage
glass area or 25% of the window area on the second floor of a main
building may be covered with temporary window signs made of paper,
cloth, plastic, cardboard, or similar temporary materials. Any temporary
window sign must be either attached to the interior of the window,
or of weatherproof paint affixed to the exterior of the window, or
both. Sign copy must be changed, at a minimum, every 60 days to avoid
becoming permanent. Window signs that do not change copy are permanent
and allowable only with a permit. Signs may not obscure views into
the business by law enforcement personnel. A larger portion of the
total first floor frontage glass area beyond 20% may be allowed by
permit.
(S)
Umbrellas. Establishments serving food for consumption on private
property may display commercial or noncommercial messages on outdoor
table umbrellas.
(T)
Warning Signs. Signs displaying messages warning of danger are allowable
if they do not exceed three square feet in area.
(U)
Vending Machine Signs. Permanent signs painted on or attached to
vending machines, gas pumps, ice containers or similar dispensing
devices must be oriented primarily to pedestrians on the property
and not toward the street. The sign message or copy must relate to
the items vended by such machine. Vending machine signs may not display
offsite commercial messages.
(Ord. 2097 § 3, 2013)
Unless otherwise provided, sign permits are required for the
following:
(A)
For placing, erecting, moving, reconstructing, altering, or displaying
of any sign or advertising display in the City.
(B)
Structural, design, color, or illumination alterations to existing
signs.
(C)
Sign permits are not required for minor maintenance or minor repairs
to existing legally erected signs; however, some repairs may still
require building or electrical permits.
(Ord. 2097 § 3, 2013)
(A)
Except as otherwise provided by Federal, State, or local laws, or
other City Council authorized restrictions, all fees applicable to
this chapter will be established by City Council resolution.
(B)
Charges will be imposed for City services provided to a permittee.
Such charges will be determined by the applicable servicing City department(s)
and will be based on the actual cost incurred by the City in providing
such services. Such service charges will include, without limitation,
charges for labor, supervision, overhead, administration and attorneys
fees. Additional charges may be imposed to cover the cost of extraordinary
permit investigation and staff costs, if the City Planner determines
it necessary.
(C)
Fee Waivers. Upon an applicant's request, the City Planner may, but
is not required to, seek a fee waiver from the City Council for a
permit. Fees may only be waived for the following applicants:
(1)
Non-profit groups with current Internal Revenue Code 501(c)(3) status,
government agencies, and public schools; or
(2)
Community service groups or organizations without current Internal
Revenue Code 501(c)(3) status where the City Council, by resolution,
determines that the proposed sign provides services that meet community
needs and it is in the public interest to waive such fees.
(Ord. 2097 § 3, 2013)
(A)
Uniform Code Permits. If required by the uniform codes adopted by
this code, for example, the building, electrical or plumbing codes,
persons seeking to erect, attach, or install signs, must obtain a
building permit, or other similar permit, before erecting, attaching,
or installing such signs.
(B)
Encroachment Permit. If a sign requires an encroachment permit under
this chapter, then the terms and conditions of the encroachment permit
may be incorporated into the sign permit.
(Ord. 2097 § 3, 2013)
Where multiple copies of the same temporary sign will be simultaneously
displayed, or when a series of temporary signs will change copy relating
to the same subject matter, the City Planner may issue one permit
for the entire set of temporary signs.
(Ord. 2097 § 3, 2013)
When an applicant seeks a sign permit for an illegal sign, the
fee for such a sign permit will be doubled to cover the City's additional
administrative expenses.
(Ord. 2097 § 3, 2013)
Permit applications must be filed with the Community Development
Department, in a form prescribed by the City Planner and containing
all of the following information:
(A)
The name, mailing address, and daytime and evening telephone numbers
of the person filing the application;
(B)
The name, mailing address, and daytime and evening telephone numbers
of the property owner upon which the sign will be located;
(C)
The written consent of the legal owner for the property on which
the sign will be located and all lessees or persons having possession
of the property;
(D)
Three copies of a sign plan that includes the following information:
(1)
A drawing of appropriate scale showing the entire property upon which
the proposed sign would be displayed. The drawing must show property
lines, abutting streets, and the location and dimensions of existing
and proposed buildings and signs;
(2)
An illustration of appropriate scale showing the proposed sign including
its dimensions, area, materials, colors, and types of illumination;
(3)
Structural and electrical details; and
(4)
The address of the property upon which the sign will be displayed.
(E)
With respect to any proposed sign that constitutes an "advertising
display" as defined by Business and Professions Code Section 5202,
and is intended to be placed or maintained within 660 feet from the
edge of the right-of-way of any interstate or primary highway and
the copy of which is visible from such interstate or primary highway,
the applicant must submit reasonable evidence demonstrating compliance
with or exemption from the regulations of the Outdoor Advertising
Act (Business and Professions Code Sections 5200 et seq.).
(Ord. 2097 § 3, 2013)
In addition to the information required in this chapter, applications
for all permits authorizing a sign will include such supplemental
information which the City Planner may find reasonably necessary,
given the type of sign, in order to determine whether to approve or
deny a permit authorizing such sign in the manner provided by this
chapter. Such additional information may not include the sign copy
or content, but must only be related to non-communicative aspects
of the proposed sign.
(Ord. 2097 § 3, 2013)
The City Planner must determine whether or not an application
is complete within 30 days after the application is submitted. If
deemed incomplete, the City Planner must provide written notice of
incompleteness to the applicant and identify what is required to make
the application complete. An applicant must make corrections to the
application within 30 days after receiving notice to avoid paying
a new application fee. If the City Planner fails to provide a notice
of incompleteness within 30 days, then the application is deemed complete
on the date of application.
(Ord. 2097 § 3, 2013)
(B)
Use of any permit issued pursuant to this chapter must conform to
the general permit conditions of this chapter and, if applicable,
special permit conditions reasonably deemed necessary by the City
Planner to protect public, safety or welfare.
(Ord. 2097 § 3, 2013)
A permit may be denied for the following reasons:
(A)
The application is incomplete.
(B)
The applicant failed to provide reasonable supplemental application
information requested by the City Planner.
(C)
The proposed sign does not conform with this code including, without
limitation, provisions of the uniform codes adopted by reference.
(D)
The applicant failed to obtain such additional permits as may be
required by this code.
(E)
Information submitted by the applicant is materially false.
(F)
The applicant installed a sign in violation of this chapter and,
at the time the permit application is submitted, such illegal sign
was not rendered legal, removed, or listed in the application.
(G)
There is any other existing code violation located on the site of
the proposed sign(s) (other than an illegal sign that is not owned
or controlled by the applicant and is located at a different business
location on the site from that for which the approval is sought) at
the time of the application.
(I)
The applicant has not obtained any applicable use permit.
(Ord. 2097 § 3, 2013)
If the City Planner denies a permit for a sign that would be
acceptable by changing the sign's place or manner, then the City Planner
will inform the applicant of such alternatives. Should the applicant
accept the alternative place or manner, then the City Planner will
issue a permit in accordance with this chapter.
(Ord. 2097 § 3, 2013)
The City Planner's determination whether or not to issue a permit
and, if issued, what conditions are placed in a permit, must be guided
solely by the standards and criteria set forth in this chapter.
(Ord. 2097 § 3, 2013)
In addition to all other conditions, permittees must enter into
a hold harmless agreement with the City which will, in part, indemnify
the City, its officers, employees, and agents from any liability arising
from permittee's sign in a form approved by the City Attorney's Office.
(Ord. 2097 § 3, 2013)
Signs authorized by a permit issued pursuant to this chapter
must be erected within one year after the City issues a permit, otherwise
such approval is null and void.
(Ord. 2097 § 3, 2013)
The sign permit number must be affixed to each approved sign
so that the approval of the sign can be verified by field inspection.
The permit number must be easily readable from ground level but does
not have to be part of the sign face.
(Ord. 2097 § 3, 2013)
(A)
Grounds for Subsequent Conditions. The City Planner may condition
previously issued permits upon learning or discovering facts not previously
disclosed or reasonably discoverable.
(B)
Notice of Subsequent Conditions. Should subsequent conditions be
required, the City Planner will serve written notice on the permittee
of this decision.
(C)
Except where otherwise provided, a permittee may seek review of imposition
of subsequent conditions to the City Manager as provided in this chapter.
(Ord. 2097 § 3, 2013)
(A)
The City Planner will revoke a sign permit upon learning or discovering
facts requiring permit denial not previously disclosed or reasonably
discoverable.
(B)
The City Planner may revoke a sign permit when the permittee or sign
violates the permit's terms and conditions; provided, however, that
the City Planner will not revoke a permit without warning the permittee
and allowing him/her to correct the violation(s) within a reasonable
time.
(Ord. 2097 § 3, 2013)
Except as otherwise provided, an applicant may request administrative
review of the City Planner's decision pursuant to this chapter.
(Ord. 2097 § 3, 2013)
(A)
Except as otherwise provided, a request for review must be commenced
within five days from the date on which written notice of the City
Planner's decision is served on the applicant/permittee.
(B)
If request is untimely, the City Planner may, nevertheless, extend
the time for commencing such review for good cause shown.
(Ord. 2097 § 3, 2013)
A request for administrative review will be on a form provided
by the City Planner and contain the following information:
(A)
The name, address and telephone number of the person making the request;
(B)
A description of the decision, determination or order which is the
subject of the review, and the date such decision, determination or
order was made or issued;
(C)
A brief description of all grounds for making the request; and
(D)
Such other information as may be required by the City Planner.
(Ord. 2097 § 3, 2013)
(A)
Upon request for administrative review being filed, the City Planner
will provide a copy of the notice to the City Manager within two business
days.
(B)
Upon receiving a request for review from the City Planner, the City
Manager will review the request and, within 10 days of receiving the
request notice, provide the appellant with a written notification
that:
(C)
The City Manager may, but is not required to, conduct a hearing at
a time and place determined at the City Manager's sole discretion.
(D)
In addition to other provisions of this chapter, any notification
to the requestor must set forth any modifications of the City Planner's
decision.
(Ord. 2097 § 3, 2013)
Pursuant to California Code of Civil Procedure Section 1094.8(c),
and any successor statute or regulations, the permits under this chapter
are designated for expedited judicial review pursuant to the procedure
set forth in California Code of Civil Procedures Section 1094.8, or
any successor statute or regulation.
(Ord. 2097 § 3, 2013)
Sign area is calculated as follows and depicted in Figure 21.24(B):
(A)
Single-Faced Signs.
(1)
For signs having a distinct border or boundary, sign area is calculated
by multiplying the length times the width or the entire surface contained
within the border, boundary, sign board, or sign face.
(2)
For signs without distinct border or boundary, sign area is calculated
by computing the area of a simple geometric figure consisting of not
more than eight perpendicular lines which contains all of the writing,
representation, emblem, or other display of the sign.
(B)
Double-Faced Signs. For signs with two identical faces, arranged
back to back in parallel planes, and where the sign faces are separated
by no more than 24 inches, the sign area must be calculated for one
side only.
(C)
Multi-Faced Sign. For a sign with more than one face, where such
sign does not meet the standard of a double-face sign described in
this section, the area must be calculated by adding together the area
of all sign faces visible from any one point.
(D)
Measurement of Sign Height. Sign height is determined by measuring
the distance from the base of the sign or sign pole at grade to the
top of the highest attached component of the sign. Grade must be construed
to be the lower of either:
(Ord. 2097 § 3, 2013)
(A)
Architectural Context. Sign design must be compatible with the architectural
design and details of the building the sign or signs serve, with other
signs in the building, and with the business or activity that the
sign or signs identify.
(B)
Design Elements. The following elements must be considered in sign
design:
(1)
Materials. Creativity in the use of materials is encouraged. Durable
materials which are compatible in appearance to the building identified
by the sign must be used.
(2)
Colors. Sign colors must complement the building served, adjacent
landscaping and buildings, and signs of adjacent businesses.
(3)
Size. Sign size and height must be in scale with the building served
and with surrounding buildings. Size and height must also be appropriate
to the distance from which the sign is normally viewed.
(4)
Letter Style. Simple lettering styles must be used. Legibility must
take priority over complexity in the design of the sign face.
(5)
Placement. Monument and building-mounted signs are encouraged unless
visibility, safety concerns, or site identification considerations
dictate the use of a freestanding sign.
(6)
Illumination. Illuminated signs must meet the standards specified
in this chapter and the performance standards set forth in this code.
(Ord. 2097 § 3, 2013)
(A)
Except for non-commercial signs, and when otherwise allowed by this
chapter, temporary signs may be displayed only upon private property
for which the legal owner gave written consent to the display. Noncommercial
temporary signs may be displayed with the legal owner's oral consent
unless denied or revoked in writing by the owner.
(B)
Persons placing temporary signs on display may not remove, damage,
or block the view of any other signs, whether competing or not, and
whether temporary or permanent which were placed on display at an
earlier time.
(C)
Temporary signs must be constructed and mounted in a manner so that
they do not rip, shred, tear or blow away when exposed to normal weather
conditions.
(D)
Temporary signs may be displayed on City-owned property only in accordance
with City Council resolution.
(Ord. 2097 § 3, 2013)
Temporary freestanding signs are exempt signs and permitted
in all zones subject to the regulations in this chapter.
(Ord. 2097 § 3, 2013)
(A)
Residential Zones. Two temporary freestanding signs per lot are permitted
at all times. In addition, one temporary freestanding campaign sign
is allowed for each political candidate or issue on each street frontage
per lot. All campaign signs must be removed within seven days after
the election for which they are intended. Such signs are in addition
to all other signage allowed in this chapter.
(B)
Commercial, Office Professional and Open Space Zones. Two temporary
freestanding noncommercial signs per lot are permitted at all times.
In addition, one temporary freestanding campaign sign is allowed for
each political candidate or issue on each street frontage per lot.
All campaign signs must be removed within seven days after the election
for which they are intended. Such signs are in addition to all other
signage allowed in this chapter.
(Ord. 2097 § 3, 2013)
(A)
Area. Each temporary freestanding sign in a residential zone may
not exceed six square feet in sign area. Temporary freestanding noncommercial
signs in all other zones may not exceed 12 square feet in sign area.
(B)
Height. The maximum height is four feet.
(C)
Location. Signs may be placed in the front yard or side yard of any
property, provided that the signs do not encroach into any public
right-of-way.
(D)
Lighting. Signs may not be illuminated.
(Ord. 2097 § 3, 2013)
(A)
A business may obtain a temporary sign permit for special events,
such as promotional events, grand opening, indoor arts & crafts
shows, etc. Such a permit will allow the permittee to erect temporary
signs, including inflatable objects. A maximum of five signs are allowed
per special event. Permits for temporary signs related to a special
event may be granted for not more than 60 days in any one calendar
year. The total area of signage may not exceed the amount of wall
signage that could be permitted for such a business.
(B)
For temporary signs displayed before obtaining a temporary sign permit,
the number of display days is calculated from the date on which the
earliest displayed sign first went on display.
(Ord. 2097 § 3, 2013)
A business may obtain a temporary sign permit for special event
parking lot sales such as outdoor promotional events, carnivals, etc.
Commercially zoned properties conducting limited special event parking
lot sales, as provided by this code, may display not more than five
temporary signs, each with a maximum area not exceeding 12 square
feet. The temporary signs allowed under this section may not be displayed
for more than four consecutive days.
(Ord. 2097 § 3, 2013)
Commercial establishments conducting lot and sidewalk commercial
activities, as provided by this code, may display not more than two
temporary signs. Signs may not exceed 12 square feet.
(Ord. 2097 § 3, 2013)
All temporary signs must be removed within two business days
after the use concludes or when the permit expires, whichever is first
in time.
(Ord. 2097 § 3, 2013)
All requests for new signage require review and approval of the Planning Commission pursuant to Chapter 21.36, Design Review.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020)
(A)
Any new commercial or mixed-use project with three units or more
and any existing commercial or mixed-use project with three or more
units involving exterior remodeling must receive Planning Commission
approval of an integrated master sign plan before the City issues
a sign permit.
(B)
The City Planner may determine that a master sign plan is needed
because of special project characteristics (e.g., the size of proposed
signs, limited site visibility, a business within a business, the
location of the site relative to major transportation routes) or when
unique, creatively designed signs are being proposed and certain aspects
of the sign's design (e.g., animation) might not otherwise be allowed.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020)
(A)
As a part of any required conditional use permit or other discretionary
permit process involving three or more separate nonresidential tenant
spaces, a master sign plan must be submitted.
(B)
The master sign plan must show the size, location, number, and design
of all proposed signs, but need not show actual sign copy.
(C)
A master sign plan does not exempt signs in the project from building
permits.
(D)
All signs subsequently erected on a property for which a master sign
plan was approved must conform to that master sign plan.
(Ord. 2097 § 3, 2013)
To approve a master sign plan, the Planning Commission must
find as follows:
(A)
The master sign plan complies with the purpose of this chapter, including
the sign design guidelines;
(B)
Proposed signs enhance the overall development and are in harmony
with other signs included in the plan with the structures they identify
and with surrounding development;
(C)
The master sign plan contains provisions to accommodate future revisions
that may be required because of changes in use or tenants; and
(D)
The master sign plan complies with the standards of this chapter,
except that flexibility is allowed with regard to sign area, number,
location, and/or height to the extent that the master sign plan will
enhance the overall development, achieve superior quality design,
and will more fully accomplish the purposes of this chapter.
(Ord. 2097 § 3, 2013; Ord. 2181 § 3, 2020)
Revisions to master sign plans may be approved by the City Planner
if the intent of the original approval is not affected. Revisions
that would substantially deviate from the original approval require
the Planning Commission approval.
(Ord. 2097 § 3, 2013)
(A)
Wall Signs and Projecting Signs for a Single Establishment. Signs
for one establishment may not be transferred from one establishment
to another even if both are located on the same property or share
contiguous street frontages or adjacent areas within a building. Any
single establishment may increase the otherwise allowable display
area of any one permanent sign by up to 10% by transferring the same
amount of display area from another sign which the establishment is
allowed to display. This does not, however, allow the sign area on
any one wall to exceed the per wall area limits set forth in this
chapter.
(B)
Freestanding Signs. By private agreement between establishments,
continuous street frontages may be combined to qualify for a freestanding
sign, the display face of which may be shared by establishments contributing
to the qualifying frontage.
(C)
Unusual Signs. Unless specifically prohibited, signs that are single,
double, multi-faced, curved cylindrical, spherical, triangular or
oddly shaped, may be permitted, provided they satisfy all other provisions
of this code.
(Ord. 2097 § 3, 2013)
(A)
Unless expressly allowed by this section, signs with commercial copy
are prohibited in residential zones. Onsite commercial nonconforming
signs may remain on display until the business ceases operation.
(B)
Unless expressly allowed by this section, illuminated signs are prohibited.
Temporary noncommercial signs may be displayed in residential neighborhoods
during the time period between November 15th and January 5th. Such
displays may be illuminated and do not require a permit.
(Ord. 2097 § 3, 2013)
Signage within the C-B Zone must promote the General Plan's
visions for downtown Monterey Park and build upon the existing strengths
and unique character of the area.
(A)
Signage shall be pedestrian-oriented. See Figure 21.24(L).
(B)
Signage must be clear and distinctive, and uniformly and consistently
applied. See Figure 21.24(L).
(C)
Signage may operate on two levels: identification of individual businesses
and/or identification of a building.
(D)
Table 21.24(A) lists the standards for signs within the C-B Zone.
|
Figure 21.24(L) Pedestrian-Oriented Signage
 |
(Ord. 2097 § 3, 2013)
See Chapter 21.10 for a description of the commercial zones. Signage in the commercial zones must comply with the standards set forth in Table 21.24(A).
|
Table 21.24(A) Sign Standards in Commercial Zones
| ||
|---|---|---|
|
SIGNAGE
|
ZONE
| |
|
|
C-B
|
R-S, C-S, N-S, S-C, C-P, O-P
|
|
Primary Wall Sign
| ||
|
Number
|
1
| |
|
Area
|
1 sq. ft. per lineal foot of building or business frontage
| |
|
Text and logo height
|
12-18 in.
| |
|
Materials
|
○ Internally illuminated channel letters with opaque metal
sides and a matte translucent plexiglass face. See Figure 21.24(C)
○ Three-dimensional, individual internally illuminated and
backlit (halo) metal letters, also known as reverse channel letters.
See Figure 21.24(D)
○ Open-face channel, also known as exposed neon. See Figure
21.24(E)
○ Sculpted. See Figure 21.24(F)
○ Non-illuminated materials—wood, metal, tile
| |
|
Prohibited
|
○ Foam
| |
|
○ Canister signs prohibited
|
○ Canister signs – face changes permitted. No structural
alterations allowed
| |
|
○ Electronic message board subject to a conditional use
permit
|
Prohibited
| |
|
Height
|
| |
|
<30,000 sq. ft.
|
○ First story signage 15 ft. above sidewalk elevation; one
freeway oriented 2nd story sign allowed (within 100 ft. of the freeway
right-of-way), not to exceed roof line or parapet wall to which it
is attached.
○ In no event can the height of any wall sign exceed the
height of the building roof or building parapet wall to which it is
attached.
○ Upper story signage prohibited.
| |
|
<30,000 sq. ft.
|
○ First story signage 30 ft. above sidewalk elevation.
○ Restaurants >10,000 sq. ft., retail establishments >8,000
sq. ft., and motion picture theaters with 4 or more screens permitted
upper story signage.
○ In no event can the height of any wall sign exceed the
height of the building roof or building parapet wall to which it is
attached.
| |
|
Projection
|
Max. 12 in. beyond building face
| |
|
Secondary Wall Sign
| ||
|
Number
|
1
| |
|
Area
|
50% of 1 sq. ft. per lineal foot of building or business frontage
| |
|
Text and logo height
|
12-18 in.
| |
|
Materials
|
○ Internally illuminated channels with opaque metal sides
and a matte translucent plexiglass face. See Figure 21.24(C)
○ Three-dimensional, individual internally illuminated and
backlit (halo) metal letters, also known as reverse channel letters.
See Figure 21.24(D)
○ Open-face channel, also known as exposed neon. See Figure
21.24(E)
○ Sculpted. See Figure 21.24(F)
○ Non-illuminated materials—wood, metal, tile
| |
|
Prohibited
|
○ Foam
| |
|
○ Canister signs prohibited.
|
○ Canister signs – face changes permitted. No structural
alterations allowed.
| |
|
Height
|
○ First story signage 15 ft. above sidewalk elevation.
○ In no event can the height of any wall sign exceed the
height of the building roof or building parapet wall to which it is
attached.
○ Upper story signage prohibited.
| |
|
Projection
|
Max. 12 in. beyond building face
| |
|
Projecting Blade Sign (See Figure 21.22(K))
| ||
|
Number
|
1 per business
| |
|
Area
|
15 sq. ft.
| |
|
Distance between signs
|
15 ft.
| |
|
Projection
|
Max. 20 in. beyond building face
| |
|
Placement
|
Maintain a minimum clearance of 8 ft. above sidewalk
| |
|
Materials
|
Materials specified in the Building Code
| |
|
Freestanding Sign (Pole signs are prohibited)
| ||
|
Number
| ||
|
Street frontage <600 ft.
|
Prohibited
|
1
|
|
Street frontage >600 ft.
|
Prohibited
|
2
|
|
Height
|
Prohibited
|
20 ft.
|
|
Area
|
Prohibited
|
120 sq. ft. per side
|
|
Projection
|
Prohibited
|
○ No freestanding sign can project beyond the property lines.
○ No freestanding sign can project over a parking lot or
a driveway with less than 14 ft. of ground clearance or into a pedestrian
walkway with less than 8 ft. of ground clearance.
|
|
Location
|
Prohibited
|
○ No freestanding sign can be placed within 10 ft. of a
common lot line.
|
|
○ Minimum separation between freestanding signs is 25 ft.
| ||
|
Materials
|
Prohibited
|
○ Printed letters and graphics on anodized aluminum background
and supports
○ Opaque channel letters and graphics on opaque background
using plastic, smooth fiberglass, acrylic, prefinished aluminum or
color plastic laminates
○ Internally illuminated channel letters and graphics on
stucco, tile, brick, wood, stone or masonry background
○ Cast metal letters and graphics on wood, anodized aluminum,
plastic laminate, prefinished metal, stucco, tile, brick, stone or
masonry background
○ Engraved wood letters and graphics on wood frames and
supports
○ Carved wood form letters and graphics on stucco, tile
stone, masonry or wood background
○ Internally illuminated molded fiberglass letters and graphics
on aluminum housing
○ Etched and painted filled letters and graphics on polished
stone
○ Any non-internally illuminated sign may be illuminated
with a backlit system or a ground flush-mounted spotlight system
|
|
Monument Sign (combination of freestanding and
monument signs permitted, not to exceed maximums)
| ||
|
Number
|
| |
|
Street frontage <600 ft.
|
1
| |
|
Street frontage >600 ft.
|
2
| |
|
Height
|
7 ft.
| |
|
Area
|
56 sq. ft. per side
| |
|
Materials
|
○ Printed letters and graphics on anodized aluminum background
and supports
○ Opaque channel letters and graphics on opaque background
using plastic, smooth fiberglass, acrylic, prefinished aluminum or
color plastic laminates
○ Internally illuminated channel letters and graphics on
stucco, tile, brick, wood, stone or masonry background
○ Cast metal letters and graphics on wood, anodized aluminum,
plastic laminate, prefinished metal, stucco, tile, brick, stone or
masonry background
○ Engraved redwood letters and graphics on redwood frames
and supports
○ Carved redwood form letters and graphics on stucco, tile
stone, masonry or wood background
○ Internally illuminated molded fiberglass letters and graphics
on aluminum housing
○ Etched and painted filled letters and graphics on polished
stone
○ Non-blinking neon letters and graphics on redwood, stucco,
masonry, polished stone, anodized aluminum plastic laminate, tile,
brick
○ Any non-internally illuminated sign may be illuminated
with a backlit system or a ground flushmounted spotlight system
| |
|
|
○ Neon around windows and buildings are considered architectural
changes to the building and may require review and approval of the
Planning Commission
|
Prohibited
|
|
Figure 21.24(C) Example: Standard Channel Letters
 |
|
Figure 21.24(D) Example: Reverse Channel Letters
 |
|
Figure 21.24(E) Example: Open-Face Channel Letters
 |
|
Figure 21.24(F) Example: Sculpted Cabinet
 |
|
Figure 21.24(G) Example: Awning Sign Measurements
 |
|
Figure 21.24(H) Example: Under Canopy Sign
 |
|
Figure 21.24(I) Example: Monument Sign
 |
|
Figure 21.24(J) Example: Monument Sign
 |
|
Figure 21.24(K) Example: Projecting Blade Sign
 |
(Ord. 2097 § 3, 2013; Ord. 2148 § 2, 2018; Ord. 2181 § 3, 2020)
See Chapter 21.08 for a description of the residential zones. Signage in the residential zones must comply with the standards set forth in Table 21.24(B).
|
Table 21.24(B) Sign Standards in Residential Zones
| |||
|---|---|---|---|
|
SIGNAGE
|
ZONE
| ||
|
Multi-Family Development or Assembly Hall
| |||
|
Wall Sign
|
| ||
|
Number
|
1
| ||
|
Area
|
75% per lineal feet of building frontage
| ||
|
Text and Logo Height
|
12-18 in.
| ||
|
Height
|
○
|
First story signage cannot exceed 15 feet
| |
|
○
|
In no event can the height of any wall sign exceed the building
roof or parapet wall to which it is attached
| ||
|
Materials
|
○
|
Non-illuminated channel letters with opaque metal sides and
a matte translucent plexiglass face. See Figure 21.24(C)
| |
|
○
|
Three-diInternally illuminated channel letters when frontage
faces a principal or minor arterial street onlymensional, individual
internally illuminated and backlit (halo) metal letters, also known
as reverse channel letters. See Figure 21.24(D). Multi-family residential
and assembly hall that face a principal or minor arterial street only
| ||
|
○
|
Open-face channel, also known as exposed neon. See Figure 21.24(E)
| ||
|
○
|
Sculpted. See Figure 21.24(F)
| ||
|
○
|
Non-illuminated materials – wood, metal, tile
| ||
|
○
|
Prohibited materials: foam, canister signs, and electronic message
boards
| ||
|
Monument Sign
|
R-1
|
R-2, R-3
| |
|
Number and Area
|
|
| |
|
Street frontage > 75 ft.
|
Prohibited
|
Prohibited
| |
|
Street frontage 75—84 ft.
|
1
25 sq. ft. per side
|
1
30 sq. ft. per side
| |
|
Street frontage 85—99 ft.
|
1
25 sq. ft. per side
|
1
35 sq. ft. per side
| |
|
|
R-1
|
R-2, R-3
| |
|
Street frontage > 100 ft.
|
1
25 sq. ft. per side
|
1
40 sq. ft. per side
| |
|
Street frontage > 200 ft.
|
1
25 sq. ft. per side
|
1
60 sq. ft. per side
| |
|
Height
|
5 ft.
|
7 ft.
| |
|
Materials
|
○
|
Printed letters and graphics on anodized aluminum background
and supports
| |
|
○
|
Opaque channel letters and graphics on opaque background using
plastic, smooth fiberglass, acrylic, prefinished aluminum or color
plastic laminates
| ||
|
○
|
Internally illuminated channel letters and graphics on stucco,
tile, brick, wood, stone or masonry background when frontage faces
a principal or minor arterial street only
| ||
|
○
|
Cast metal letters and graphics on wood, anodized aluminum,
plastic laminate, prefinished metal, stucco, tile, brick, stone or
masonry background
| ||
|
○
|
Engraved redwood letters and graphics on redwood frames and
supports
| ||
|
○
|
Carved redwood form letters and graphics on stucco, tile stone,
masonry or wood background
| ||
|
○
|
Internally illuminated molded fiberglass letters and graphics
on aluminum housing when frontage faces a principal or minor arterial
street only
| ||
|
○
|
Etched and painted filled letters and graphics on polished stone
| ||
|
○
|
Non-blinking neon letters and graphics on redwood, stucco, masonry,
polished stone, anodized aluminum plastic laminate, tile, brick
| ||
|
○
|
Any non-internally illuminated sign may be illuminated with
a backlit system or a ground flush-mounted spotlight system
| ||
|
Landscape and irrigation must be provided around the base of
the monument sign
| |||
(Ord. 2148 § 2, 2018)
Highrise building identification signs may be attached to the
exterior walls of buildings of three or more stories in height subject
to the following:
(A)
Area. The total area of such signs cannot exceed an area of one square
foot per linear foot of building or structural wall to which the sign
is attached. This sign area will be counted toward a total of sign
area. Area cannot be accumulated from one side for application to
another side of a building or structure.
(B)
Height. Such a sign cannot be lower than the height of the third
story level and cannot exceed the height of the building parapet or
structural wall to which it is attached.
(C)
Projections. No sign may project more than 12 inches from the wall
elevation.
(Ord. 2097 § 3, 2013)
A freestanding major site identification sign for large scale
sites of more than two acres may be permitted subject to the following:
(A)
Number. One such sign is permitted per property.
(B)
Area. Total sign area cannot exceed 200 square feet.
(C)
Height. Such signs cannot exceed a height of 30 feet from the natural
grade adjacent to the base of a sign to the highest point of the sign.
(Ord. 2097 § 3, 2013)
Costumed figures/novelty characters are permitted outdoors two
time periods per calendar year. Figures/novelty characters are authorized
for not more than five consecutive days per time period at any business
location in a commercial zone. A temporary permit application must
be filed and accompanied by a fee. Temporary costumed figures/novelty
characters are prohibited in the public street and cannot impede pedestrian
or vehicle traffic.
(Ord. 2097 § 3, 2013)
The following freeway signs may be conditionally permitted in commercial and mixed-use zones pursuant to Chapter 21.14 on lots lower in elevation than the freeway roadside, and located within 500 feet from the edge of the outermost freeway traffic lane.
(A)
Not more than one additional freestanding or directory sign up to
50 feet in height and 300 square feet in area may be permitted.
(B)
Not more than one animated sign, which is counted toward wall sign
allowance may be permitted.
(C)
Freeway signs are prohibited within 100 feet from any residentially
zoned property.
(Ord. 2097 § 3, 2013)
Notwithstanding any other provisions of this chapter, all signs
legally and lawfully existing before the effective date of this chapter
that do not comply with its provisions are nonconforming. All nonconforming
signs must be removed or modified to comply with the provisions of
this chapter in accordance with the procedures established herein.
(Ord. 2097 § 3, 2013)
(A)
A nonconforming sign may only be displayed and maintained as set
forth in this chapter.
(B)
Nonconforming signs must be maintained and repaired as set forth
in this chapter.
(C)
All signs legally in use as of the effective date of the ordinance
codified in this chapter may continue to be used unless any of the
following events occur:
(1)
The sign is changed or altered in any way beyond maintenance and
repair, other than change of copy.
(2)
Any sign whose use has ceased due to the sale or closure of the business
which the sign represents. Also where the owner ceases to do business
in that structure, or where that structure has been abandoned for
a period of not less than 90 days. Costs incurred in removing an abandoned
sign may be charged to the owner in accordance with this chapter.
(Ord. 2097 § 3, 2013)
Any nonconforming sign may be continued in operation and maintained
after the effective date of the ordinance codified in this chapter;
however, nonconforming signs must not be:
(A)
Replaced with another nonconforming sign;
(B)
Moved to another location on the property or to another property;
(C)
Structurally altered as to extend the useful life of the sign;
(D)
Expanded or enlarged; or
(E)
Re-established after damage or destruction of more than 50% of the
sign value, as determined by the City Planner at the time of such
damage or destruction, unless required by law or unless such move,
alteration, enlargement, or re-establishment will result in the elimination
of the nonconformity.
(Ord. 2097 § 3, 2013)
All nonconforming signs must be discontinued, removed from their
sites, or altered to conform to the requirements of this chapter within
the time schedules specified in Table 21.24(B).
|
Table 21.24(B)
| |
|---|---|
|
Type of Nonconforming Sign
|
Abatement Schedule
|
|
Animated, Illuminated, or Moving Signs
|
Within 1 year of the date that the sign becomes nonconforming
|
|
Wall Signs
|
Within 2 years of the date that the sign becomes nonconforming
|
|
All Other Nonconforming Signs
|
Within 5 years of the date that the sign becomes nonconforming
|
(Ord. 2097 § 3, 2013)
If at the expiration of the time specified for removal or modification,
such removal or modification has not been completed, such sign is
declared to be a public nuisance. Abatement, or other enforcement
action, may proceed using the procedures set forth in this chapter.
(Ord. 2097 § 3, 2013)
No building permit may be issued with respect to any property
for a use conforming to the provisions of this code until any nonconforming
sign or any sign illegally maintained on the property is removed or
modified to comply with the provisions of this chapter.
(Ord. 2097 § 3, 2013)
All existing illegal on-premises signs and abandoned signs must
be inventoried and identified as required by Business and Professions
Code Section 5491.1.
(Ord. 2097 § 3, 2013)
Unsafe signs may be removed by the City without prior notice.
Alternatively, the City Planner may issue a notice of violation and
give the permittee, property owner or person in possession and control
of the property 15 days to cure the violation. In the case of an unsafe
sign removed by the City, the costs of such removal and storage are
borne by the permittee, property owner, or person in possession and
control of the property, as applicable, and may be collected by the
City in the same manner as it collects any other debt or obligation.
No unsafe sign that has been removed and stored by the City may be
released until the costs of removal and storage are paid. If an unsafe
sign remains unclaimed for a period of 30 days after notice of removal
is sent to the permittee, property owner, or person in possession
and control of the property, it is deemed to be unclaimed personal
property and disposed of in accordance with the law.
(Ord. 2097 § 3, 2013)
Any illegal sign must be removed or brought into conformity by the permittee, property owner, or person in possession and control of the property following written notice from the City Planner. Such notice must specify the nature of the violation, order the cessation thereof and require either the removal of the sign or performance of remedial work in the time and manner specified by the notice. Except as otherwise provided, the time for removal or repair may not be less than 15 days from the date of mailing the notice. The City Planner's order may be appealed to the Planning Commission in the manner provided by Chapter 1.10. Should the order be appealed to the Planning Commission, which, following a hearing, upholds the City Planner's order, the City need not follow the abatement procedures set forth in Section 21.24.810 to abate the sign.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016)
In the case of an illegal sign removed by the City, the costs
of such removal and storage are borne by the permittee, property owner,
or person in possession and control of the property, as applicable,
and may be collected by the City in the same manner as it collects
any other debt or obligation. No illegal sign that has been removed
and stored by the City may be released until the costs of removal
and storage are paid. If an illegal sign remains unclaimed for a period
of 30 days after notice of removal is sent to the permittee, property
owner, or person in possession and control of the property, it is
deemed to be unclaimed personal property and disposed of in accordance
with the law.
(Ord. 2097 § 3, 2013)
The City cannot require any legal nonconforming sign to be removed
on the sole basis of its height or size if special topographic circumstances
would result in a material impairment of visibility of the sign or
the owner's or user's ability to adequately and effectively continue
to communicate to the public through the use of the sign. The owner
or user may maintain the sign at the business premises and at a location
necessary for continued public visibility at the height or size at
which the sign was previously erected pursuant to all applicable codes,
regulations and permits. Such signs are deemed to be in conformance
with this chapter.
(Ord. 2097 § 3, 2013)
Whenever the permittee, property owner, or person in possession
or control of the property fails to comply with a City Planner's order
requiring compliance with this chapter, the City may abate any such
sign in the following manner:
(A)
Declaration of Nuisance. The City Council may declare, by resolution,
as public nuisances and abate any and all illegal signs within its
jurisdiction. The resolution must describe the property upon which
or in front of which the nuisance exists by stating the lot and block
number according to the County Assessor's map and street address,
if known. Any number of parcels of private property may be included
in one resolution.
(B)
Notice of Hearing. Before the City Council adopts the resolution,
the City Clerk must mail not less than 10 days' written notice to
all persons owning the property described in the proposed resolution
as determined by the last equalized assessment roll available on the
date the notice is prepared. In addition, the notice must be sent
to all known persons, if any, in possession or control of such property
if their names are different from those appearing on the assessment
roll, and to the permittee, if any. The notice must state the date,
time and place of the hearing and generally describe the purpose of
the hearing and the nature of the illegal sign.
(C)
Posting of Notice.
(1)
After a resolution is adopted, the enforcement officer must cause
notices to be conspicuously posted on or in front of the property
on or in front of which the illegal sign exists.
(2)
Notice must be substantially in the following form:
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NOTICE TO REMOVE ILLEGAL SIGN
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Take Notice that on the _____ day of __________, 20_____, the
Monterey Park City Council adopted a resolution declaring that an
illegal sign is located on or in front of this property which constitutes
a public nuisance. The sign must be abated by being removed. Failure
to remove the sign will result in the City taking action to remove
it. The cost of such removal will be assessed upon the property from
or in front of which the sign is removed and will constitute a lien
upon the property until paid. Refer to the resolution for further
particulars. A copy of this resolution is on file in the office of
the City Clerk. All property owners having any objection to the proposed
removal of the sign are notified to attend a meeting of the City Council
of the City of Monterey Park to be held on __________ at _____ a.m./p.m.
at (__________location__________), when their objections will be heard
and given due consideration.
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Dated this _____ day of _______________, 20_____.
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_________________________
City Clerk
City of Monterey Park
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(3)
This notice must be posted at least 10 days before the time for hearing
objections by the City Council.
(D)
Written Notice of Proposed Abatement.
(1)
In addition to posting notice of the resolution and notice of the
meeting when objections will be heard, the City Council must direct
the City Clerk to mail written notice of the proposed abatement to
all persons owning the property described in the resolution. The City
Clerk must cause the written notice to be mailed to each person on
whom the described property is assessed in the last equalized assessment
roll available on the date the City Council adopted its resolution.
(2)
The City Clerk must confirm with the County Assessor the names and
addresses of all the persons owning the property described in the
resolution. The address of a property owner shown on the assessment
roll is conclusively deemed to be the proper address for the purpose
of mailing the notice. If the County poses any charges upon the City
for the actual costs of furnishing the list, the City will reimburse
the County and such costs are a part of the cost of abatement assessed
against the property owner.
(3)
The notices mailed by the City Clerk must be mailed at least 10 days
before the time for hearing objections by the City Council. The notices
mailed by the City Clerk must be substantially in the form of notice
set forth in subsection (C)(2) of this section.
(E)
Hearing—Continuances—Objections—Finality of Decision—Order
to Abate.
(1)
At the time stated in the notices, the City Council will hear and
consider all objections to the proposed removal of the sign. It may
continue the hearing if needed. By motion or resolution at the conclusion
of the hearing, the City Council will allow or overrule any objections.
At that time, if the abatement order is upheld, the City acquires
jurisdiction to proceed and perform the work of removal.
(2)
The City Council's decision is final. If objections are not been
made, or after the City Council has disposed of those made, the City
Council will order the enforcement officer to abate the nuisance by
having the sign removed. The order must be made by motion or resolution.
(F)
Entry Upon Private Property. The enforcement officer or city contractor
may enter private property to abate the nuisance.
(G)
Removal by Owner—Special Assessment and Lien for Costs. Before
the enforcement officer takes action, the property owner or person
in possession or control of the property may remove the illegal sign
at the owner's own cost and expense. Notwithstanding such action,
in any matter in which an order to abate was issued, the City Council
may, by motion or resolution, further order that a special assessment
and lien be limited to the costs incurred by the City in enforcing
abatement upon the property, including investigation, boundary determination,
measurement, clerical, legal and other related costs.
(H)
Cost of Abatement—Itemization.
(1)
The enforcement officer will keep an account of the cost of abatement
of an illegal sign. Such officer must submit to the City Council,
for confirmation, an itemized written report showing that cost.
(2)
A copy of the report must be posted at least three days before being
submitted to the City Council, on or near the City Council chambers
door, with notice of the time of submission.
(3)
At the time fixed for receiving and considering the report, the City
Council will hear it with any objections of the property owners liable
to be assessed for the abatement. The City Council may modify the
report if it is deemed necessary. The City Council may then confirm
the report by motion or resolution.
(I)
Abatement by Contract. The nuisance may, in the sole discretion of
the City Council, be abated by performance on a contract awarded by
the City Council on the basis of competitive bids let to the lowest
responsible bidder. The contractor performing the contract must keep
an itemized account and submit such itemized written report for each
separate parcel of property required by this section.
(J)
Special Assessment and Lien.
(1)
The cost incurred by the City in enforcing abatement upon the parcel
or parcels, including investigation, boundary determination, measurement,
clerical, legal or other related costs, are a special assessment against
that parcel. After the assessment is made and conformed, a lien attaches
on the parcel upon recordation of the order confirming the assessment
in the office of the Los Angeles County Recorder. In the event any
real property to which a lien would attach was transferred or conveyed
to a bona fide purchaser for value, or if the lien of a bona fide
encumbrancer for value was created and attaches thereon, before the
date on which the first installment of the assessment would become
delinquent, the lien which would otherwise be imposed by this section
will not attach to the real property and the costs of abatement and
the costs of enforcing abatement, as confirmed, relating to the property
will be transferred to the unsecured roll for collection.
(2)
Upon confirmation of the report, a copy must be given to the County
Assessor and Tax Collector, who will add the amount of the assessment
to the next regular tax bill levied against the parcel for municipal
purposes.
(3)
The City must file a certified copy of the report with the County
Assessor, Tax Collector and County Auditor on or before August 10th
of each calendar year. The description of the parcels reported must
be those used for the same parcels on the Los Angeles County Assessor's
map books for the current year.
(4)
The City may request the County Auditor to enter each assessment
on the county tax roll opposite the parcel of land.
(5)
The City will further request the County Auditor to collect the amount
of the assessment at the time and in the manner of ordinary municipal
taxes. Any delinquencies in the amount due are subject to the same
penalties and procedures of foreclosure provided for ordinary municipal
taxes.
(6)
The City acknowledges that the County Tax Collector may collect assessments
without reference to the general taxes by issuing separate bills and
receipts for the assessments. It is further acknowledged that the
lien of assessment has the priority of the taxes with which it is
collected, and further, that all laws relating to levy, collection
and enforcement of county taxes apply to these special assessments.
(K)
Issuance of Receipts for Abatement Costs. The enforcement officer
may receive the amount due on the abatements costs and issue receipts
at any time after the confirmation of the report and until 10 days
before a copy is given to the Assessor and Tax Collector or, where
a certified copy is filed with the County Auditor, until August 1st
following the confirmation of the report.
(L)
Refund of Assessments. The City Council may order a refund of all
or part of an assessment pursuant to this section if it finds that
all or part of the assessment was erroneously levied. An assessment,
or part thereof, will not be refunded unless a claim is filed with
the City Clerk on or before November 1st after the assessment has
become due and payable. The claim must be verified by the person who
paid the assessment or by the person's guardian, conservator, executor
or administrator.
(Ord. 2097 § 3, 2013)
