Except as set forth herein, it shall be unlawful for any person, firm, corporation, partnership or other legal entity to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign within the city of San Pablo without first obtaining a sign permit to do so, and paying the appropriate fees prescribed therefor. All signs must be built and installed in conformance with the terms and conditions of the permit.
A. General requirement. No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under Section
18.04.060. The development services manager may require the removal, modification or relocation of an existing sign as a condition of sign permit or temporary sign permit approval if: (1) the proposed sign would be located on a site with an existing sign violation; or (2) the approval of the sign permit or temporary sign permit would result in a violation of the sign regulations.
B. Sign permit for permanent sign. A sign permit is required for a permanent sign including but not limited to the following types: wall sign, monument sign, shingle sign, multiple-story office sign.
C. Temporary sign permit. Except as set forth in Section
18.04.070(A), a temporary sign permit is required for a temporary commercial sign. No permit is required for temporary noncommercial signs, but such signs must comply with Section
18.04.070(B).
D. Design review of signs, pursuant to Section
17.18.090, is required for all signs that require a sign permit. Design review shall be conducted by development services planning staff or the planning commission, as set forth in Section 17.18.090(A)(4). Prior to approving an application for design review, the following findings must be made:
1. That the proposal is consistent with the San Pablo general plan, this title, and Title 17, Zoning;
2. That the design of the proposal is appropriate to the city, the neighborhood and the lot in which it is proposed;
3. That the design of the proposal is compatible with its environment with respect to use, forms, materials, setbacks, location, height, design, or similar qualities;
4. That the proposed signs and sign programs are consistent with any adopted sign design guidelines;
5. In exercising its discretion, the decision-maker shall factor in the criteria set forth in Section
18.04.020(G).
E. Right to permit or display. When any permit application fully complies with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, and such laws, rules and regulations are not changed within the review period, then the permit shall be approved and issued within the required time. In the case of signs which are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to the applicable rules.
F. Exemptions—Alterations. Signs legally existing prior to the effective date of the ordinance codified in this chapter are subject to a permit requirement only when a structural alteration is made, or the sign area is enlarged. No permit is required when only the sign face is changed, and the message continues to qualify as noncommercial or on-site commercial. In the case of such structural alterations or expansion, or electrical changes, a permit is required.
G. Application for sign review. Any person seeking a permit for a sign, for which review is required, shall submit to the development services manager a written application for such sign review. The development services manager shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site.
H. Application—Format and fee.
1. Persons wishing to submit application materials in electronic form may consult with city staff about acceptable file formats and other technical requirements.
2. A complete permit application shall be accompanied by a nonrefundable fee in an amount set by resolution of council.
I. Application—Information. The application form may call for the following information:
1. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector.
2. Three sets of a site plan indicating the position of the sign or awning in relation to the structures and other exterior improvements on the same parcel, with the linear frontage of building sides shown.
3. Three sets of dimensioned plans, elevations and specifications showing the sign(s) and/or awning(s), method of construction, method of attachment to the building or in the ground, and a description of all materials. Plans need not be larger than eight and one-half by eleven inches if proper detail is shown. At least one set of the dimensioned plans must be in color.
4. If the proposed sign is a new, freestanding structure, a site survey prepared and signed by a civil engineer or land surveyor with currently valid registration in the state of California.
5. One set of photographs that show the site and location of the proposed sign(s) and/or awning(s) on the site, and each property immediately adjacent to the proposed site for context and placement and evaluation of impact, including impairments to visibility, to the neighboring properties.
6. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and the exact location on the face of the building.
7. When the area of the sign exceeds twenty-five square feet and the height of the sign exceeds six feet: structural plans and details, including calculations, for signs supported by existing structures, prepared and signed by civil or structural engineer, or architect, with currently valid registration in the state of California.
8. For new sign structures with pier or pile foundations, a soils report prepared and signed by a soils engineer, or civil engineer, or geotechnical engineer, with a currently valid registration in the state of California.
10. A statement by the owner of the proposed sign as to whether the sign is to display commercial messages, noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be on site or off site, and whether the sign will be used for general advertising.
11. A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; digital display technology; live animals or living persons as part of the display; mannequins or statuary.
12. A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application.
13. Written evidence of all owners' consents, such as land owner or lessor.
14. In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process.
15. The development services manager is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty days' public notice.
J. Completeness. The development services manager shall determine whether the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing within thirty days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one opportunity, within thirty calendar days, to submit additional information to render the application complete; failure to do so within the thirty-day period shall render the application void. In such case, the application fee is not refundable.
K. Disqualification. No sign permit application will be approved if:
1. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or nonpermitted sign has not been legalized, removed or a cure included in the application;
2. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;
3. The sign application is substantially the same as an application previously denied, unless: (a) twelve months have elapsed since the date of the last application, or (b) new evidence or proof of changed conditions is furnished in the new application; or
4. The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.
L. Multiple sign applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the development services manager's written notice of determination shall specify the grounds for such denial.
M. Signs which are part of a larger project. Permit applications for sign programs as part of planned commercial, office-professional and industrial development shall include the above information as part of a site development plan. When approval is sought for a development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. All such applications are subject to design review.
N. Revocation or cancellation. The development services manager may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirement of this chapter, after written notice of noncompliance and at least fifteen calendar days' opportunity to cure. The notice and opportunity to cure do not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.
O. Permits issued in error. In the event that a sign permit is issued, and the issuance is found to be in error at any time before substantial physical work on actual construction has been accomplished, then the permit may be summarily revoked by the city simply by giving notice to the permittee; such notice shall specify the grounds for revocation. In such event, the applicant may reapply within thirty calendar days for a new permit, without paying a new application fee.
P. Other sign-related decisions. Challenges to or appeals of sign-related decisions, other than approval or denial of a sign review or permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and state the matter challenged and the grounds therefor. Such appeals shall use the same form as other zoning appeals.
Q. Conditional approval. A sign permit may be approved subject to conditions, so long as those conditions are allowed by this chapter or some other applicable law, rule or regulation.
R. Safety codes. When a sign qualifies as a structure under the building code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits.
S. Permit denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's application form, and shall state the grounds for denial.
T. Timely decision. Other than initial review for completeness, at each level of review or appeal, the decision shall be rendered in writing within sixty calendar days. The time period begins running when the application is complete (or is deemed complete because no notice of incompleteness has been given), or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the lower level decision shall be deemed affirmed.
U. Appeal. Any decision on a sign permit application, or any other sign-related decision, may be appealed by any affected or interested person. Appeals go first to the planning commission, and then if the appellant is still not satisfied to the city council, after which judicial review may be sought.
V. When appeal right arises. The appeal right arises at the earlier of: (1) whenever a written decision is delivered to the application; or (2) the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. mail, whichever occurs first.
W. Time and method for appeal. Any affected or interested person may appeal any sign permit, or other sign-related decision to the next level of review, by delivering a written notice of appeal to the city clerk within five calendar days of the subject decision. If the fifth calendar day falls on a day when city offices are closed, then the time period is extended until the next day that city offices are open. The notice of appeal must state particularly the matter appealed from, and the grounds for the appeal.
X. Status quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a threat to public safety.
Y. Judicial review. Following final decision by the city council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure Section
1094.5 or
1094.8, as applicable.
Z. Notices. Written notices required within this chapter shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee.
(Ord. 2015-003 § 1 (part), 2015)