PC Res 2400RESOLUTION N0. 2400
PLANNING COMMISSION
After notification and public hearing as specified by law on proposed
amendment to the text of Title 21, Chapter 21.68, entitled "Signs" of the
Campbell Municipal Code, and after presentation by the Planning Director,
proponents and opponents, the hearing was closed (TA 86-02).
After due consideration of all evidence presented, and based upon the
following findings, the Commission did determine that there was a
significant need to amend Chapter 21.68 of the Campbell Municipal Code.
1. That the establishment, maintenance, and operation of the
proposed use will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing
or working in the neighborhood of such use, or detrimental or
injurious to property and improvements in the neighborhood or the
general welfare of the City.
The Planning Commission does hereby recommend that the City Council adopt
the Ordinance attached hereto as Exhibit A enacting the necessary
legislation to make the proposed text amendment effective.
PASSED AND ADOPTED this 22nd day of July 1986 by the following roll call
vote:
~- AYES: Commissioners: Dickson, Olszewski, Christ, Perrine,
Stanton, Kasolas
NOES: Commissioners: None
ABSENT: Commissioners: Fairbanks
APPROVED: George C. Kasolas
Chairman
ATTEST: Arthur A. Kee
Secretary
ORDINANCE N0.
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING TITLE 21, CHAPTER
21.68 ENTITLED "SIGNS" OF THE CAMPBELL MUNICIPAL
CODE (TA 86-02).
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter 21.68 of the Campbell Municipal Code be
amended as set forth in Exhibit A, attached hereto.
SECTION TWO: This Ordinance shall become effective 30 days following
its passage, and adoption and shall be published once within 15 days upon
passage and adoption in the San Jose Mercury News, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this day of , 19 , by the
following roll call vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
APPROVED:
MICHAEL F. KOTOWSKI, MAYOR
ATTEST:
CITY CLERK
MEMORANDUM
To: Arthur Ree, Planning Director
From: Bill Seligmann, Acting City Attorney
Re: Amendment to Sign Ordinance
Discussion
The following amendments are primarily designed to
bring our sign ordinance in Co conformance with the current court
decisions on the subject. I have also taken this opportunity to
make some minor clarifications to certain sections that have been
questioned in our enforcement process.
Proposed Amendments
1. Section 21.68.010 of the present code (21.53.010 of
the revision pending before the Planning Commission) should be
amended by inserting the word "duration" after the word "loca-
tion" in the first sentence, and by adding the sentence, "The
City Council finds that any and all violations of this Chapter
unnecessarily detract from the public health, safety and welfare,
and are indecent and offensive to the senses, in that they un-
necessarily clutter the environment and therefore constitute a
public nuisance," so that the entire Section reads:
This ordinance regulates the height, size, location,
duration and design of signs for the following purposes:
A. To preserve and improve the visual quality of the
City.
B. To eliminate hazards to pedestrians and motorists
brought about by distracting sign displays.
C. To ensure architectural compatibility with adja-
cent buildings and the surrounding environment.
The City recognizes the economic need for a sign to
function as a means of business and product identification.
The ordinance is intended to allow a reasonable amount of
signing for business, product, and building identification
so as to provide adequate, information to the public without
creating a cluttered visual environment. These regulations
shall apply to all zoning districts in addition to any spe-
--- cific provisions in the applicable .zoning district regula-
tions. The City Council finds that any and all violations
of this Chapter unnecessarily detract from the public -~
health, safety and welfare, and are indecent and offensive
to the senses in that they unnecessarily clutter the en- -
vironment and therefore constitute a public nuisance.
2. Section 21.68.020(11) of the present code
(21.53.020k of the pending code) should be amended to read:
"Temporary sign" means a sign, banner, pennant or streamer,
including a political sign, which is erected for a limited
period of time for the purpose of advertising community or
civic projects, real estate for sale or lease, or other
special events such as' concerts, elections, grand openings
or special promotions -
as approved by the Planning Commiss-ion. Special promotions are limited to
special sales or events that take place not more than twice a year.
Special promotions do not include advertising individual products and
services or the prices of products and services.
3. Section 21.68.040 of the present code (21.53.040,
pending code) should be amended to read as follows:
The following signs shall be exempt from the regula- -
tions in this Chapter:
A. On-site signs not exceeding 1-1/2 sq.' ft. in area
and bearing only property numbers, post office box
numbers, names of occupants of premises or other
identification of premises not having commercial
connotations;
B. Flags and insignia of any government except where
displayed in connection with commercial promotion;
C. Legal notices, identification, informational,
safety or directional signs erected or required by
governmental bodies or public utilities;
D. Integral decorative or architectural features of
buildings, except letters, trademarks, moving
parts or moving lights;
E. On-site signs directing and guiding traffic and
parking on private parking, but bearing no adver-
tising matter and having a display area of less
than 6 sq. ft.;
F. Temporary on-site signs not exceeding 12 sq. ft. ;^
in total display area pertaining to the prospec-
tive sale, rental or lease of one-family or two-
family residential property;
G. On-site signs temporarily attached to or lettered
on the exterior or interior of a store window.
(Ord. 1257 S1 (part), 1979).
H. Temporary signs, including political signs, posted
for no more than seventy-five days, subject to the
following conditions:
1. Signs must be removed within fifteen (15) days
after the conclusion of the community or civic
project, or special event prompting the erection
of the sign;
2. Signs shall be a maximum of 12 square, feet,
and no more than 8 feet in height;
3. Signs shall not be placed in the public right
of way, nor on any city owned property, including
sidewalks., crosswalks, curbs, curbstone, street
lamp post, hydrant, tree, shrub, tree stake or
guard, railroad trestle, electric light or power
or telephone or telegraph or trolley wire pole, or
wire appurtenance thereof, or upon any public
bridge, drinking fountain, street sign or traffic
sign;
I. Repainting or refacing an existing conforming,
j legally created sign is permitted when the new
`- copy is to be identical to that originally
approved.
4. Section 21.68.060(4) of the present code
(21.53.ibJL~ pending code revision) should be amended to read:
Signs shall not be placed in the public right of way, nor on
any city-owned property, including sidewalks, crosswalks,
curbs, curbstone, street lamp post, hydrant, tree, shrub,
tree stake or guard," railroad trestle, electric light or
power or telephone or telegraph or trolley wire pole, or
wire appurtenance thereof, or upon any public bridge, drink-
ing fountain, street sign or traffic sign, except as map be
allowed pursuant to 21, :~$..080C of the Chapter. (21.53.080C of pending Code
5. Section 2.1.68.060(5). should be added to the pre-
sent code (21.53.060E of the pending revision), to read:
All other signs not specifically permitted by, or excepted
from these regulations, are prohibited.
6. Section 21.68.080 of the present code (21.53.080
of the pending revisions) should be amended to read:
', Temporary Signs-Permitted
Temporary signs which are not exempt under section
2 0~g ~f this Ch~pter, may be allowed upon obtaining a
(~1. .0 o pending Code
permit, provided they comply with the following regulations:
A. On-site temporary signs not exceeding 40 sq.ft, in
area, advertising the sale or lease of any multi-family
residential, commercial, or industrial complex or the sale or
lease of a piece of vacant property may be permitted as follows:
1. Limited to a 6-month period. At the
expiration of such fixed time period, the
applicant mat request a 3-month extension of
time; otherwise, the sign shall be removed;
2. No more than two signs shall be allowed on
each site;
3. A free-standing sign shall be no higher than 8
feet;
B. One on-site temporary sign not exceeding 40 sq.ft.
in area, for each display surface, announcing name and character
of any multi-family residential, commercial, or industrial
complex, either to be constructed or under construction, may be
permitted, provided that such sign shall be removed within 3
months after final inspection of the building;
C. Temporary signs, banners, pennants, streamers or
similar devices, other than those exempted by Section 21.68.040 (21.53' v0
or otherwise permitted under this Section, may be permitted of pendin
subject to the following restrictions: Code)
1. No such sign shall be permitted for more than
seventy-five (75) days;
2. Banners and signs exceeding forty (40) square
feet shall be subject to approval of the
Planning Commission;
3. Signs, banners, streamers or similar devices
identifying civic or community events may
extend over the public tight-of-way or be
attached to any street light standard or other
public right-of-way only after written
permission is received from the Planning and
Public Works Directors. In considering
whether to grant such permission, the
Directors shall consider the effect of the
placement of such signs on the public health
safety and welfare, including the effect on
traffic safety, aesthetics and the
environment.
7. Section 21.68.150(b) of the present code
(21.53.150C of the pending revision) should be added to read:
Except as otherwise permitted by this Chapter, repainting,
i refacing or relettering an existing sign constitutes the
erection or creation of a new sign, which must comply with
the provisions of this Chapter.
8. Section 21.68.160 of the present code (21.53.160
of the pending revision) should be added to read:
Abatement of Temporary Suns.
The City may remove any temporary sign posted or maintained
in violation of the Chapter, in accordance with the follow-
ing provisions:
A. If a temporary sign is unlawfully in place after
the expiration of fifteen (15) days from the termination of
the community or civic project or other special event for
which it was posted, the City may treat the sign as
abandoned, and have it summarily removed and destroyed;
B. In situations other than those set forth in sub-
section (A), the City shall make a reasonable attempt to
notify the owner of the sign. If after such reasonable at-
tempt, the owner cannot be found, the sign may be treated as
abandoned, and summarily removed. If the City is able to
locate the owner, the City shall send the owner a letter
notifying him as follows;
(1) that the City intends to remove the sign;
(2) the reason the City believes the sign to be
illegal, including a reference to the relevant section
of this Chapter;
(3) that the owner may contest the removal of his
sign by submitting a written request to the Planning
Director specifying the reasons the owner believes the
sign to be legal; and
(4) that if no written request is received within
the ten (10) days immediately following the notice sent
by the City, and the illegality of the sign is not
voluntarily corrected, the City shall remove the sign
and bill the owner for the cost of removal.
C. If no written request to contest the removal of the
sign is received by the Planning Director within ten (10)
,_ days immediately following the letter sent by the City pur-
suant to subsection (B), the Planning Director may cause the
~ sign to be summarily removed and destroyed;
D. If a written request to contest the removal of the
sign is received within the ten (10) day period set forth in
subsection (B), the Planning Director shall schedule a hear-
ing before the Planning Commission to determine whether or
not the sign is in violation of this Chapter. The owner of
the sign shall be given written notice at least ten (10)
days prior to the hearing that he may appear and present
evidence to the Planning Commission. At the hearing the
Planning Commission shall hear all relevant evidence., and
render a determination as to whether or not the sign is in
violation of this Chapter. The determination of the
Planning Commission shall be final;
E. If the Planning Commission determines that the sign
is in violation of this Chapter, the City may summarily re-
move and destroy the sign;
F. In all situations where removal of a sign is
authorized by this section, the City may bill the owner of
the sign for all costs reasonably incurred in its removal.
Such costs shall be a civil obligation of the owner.
('.nmmnntc
Even with these proposed revisions, the uncertain state
of the present case law leaves some of the proposed provisions
open to question. Perhaps the most difficult provision to defend.
and enforce would be Section 21.68.080(c)/21,53,080C., subsection
(3), which purports to vest authority in the Planning and Public
Works Directors to allow temporary signs t,o be posted in the
public right-of-way. Essentially, in order to avoid a challenge
that the provision invites discriminatory application, we would
either have to allow posting of all signs, or none. An alterna-
tive might be to designate certain specific areas of the public
right-of-way for signs on a first come, first serve basis; or
eliminate the provision altogether.
Furthermore, the provision of Section 21.68.160/
21.53.160 that requires the sign owner to reimburse the City for
the cost of removing the signs might also be open to question,
without a fullblown hearing by the City Council, and a declara-
tion that the sign constituted a public nuisance. Since the cost
would be relatively minor, though, I feel that the provision is
satisfactory as drafted.
Finally, a Federal District Court in Southern Califor-
nia has held pre-election time restrictions on posting signs to
be unconstitutional. If this ruling were followed, it might lead
to the invalidation of all our temporary sign ,provisions. As a
District Court decision, however, it has no binding effect; and I
believe logic dictates some type of time classification. Other-
wise, there would be no basis for distinguishing a temporary sign
from a permanent one.