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HomeMy WebLinkAboutItem No. 04 - Ordinance No. MC-1531 Sign Regulations Update Consent Calendar City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Michael Huntley, Community & Economic Development Director Subject: Ordinance No. MC-1531 Sign Regulations Update Recommendation Accept for final reading and adopt Ordinance No. MC-1531 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. Background On May 20, 2020, the Mayor and City Council conducted a public hearing on Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. 2020-2025 Key Strategic Targets and Goals Development Code Amendment 19-04 aligns with Key Target No. 3: Improved Quality of Life. The Comprehensive Sign Code Update will ensure clear regulations that are easy to understand and enforce, are compliant with current laws and emergent technology. The new regulations will also allow for enough flexibility to encourage creative design, and the preservation of iconic signage throughout the City that will preserve and enhance the aesthetics of the City's built environment. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept for final reading and adopt Ordinance No. MC-1531, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. Attachments Attachment 1 Ordinance MC-1531 Approving Development Code Amendment 19-04 Attachment 2 - - Property Development Standards Page 1 Ordinance No. MC-1531 ORDINANCE NO. MC-1531 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AND APPROVING DEVELOPMENT CODE AMENDMENT 19-04 UPDATING CHAPTER 19.22 (SIGN REGULATIONS) AND AMENDING CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE WHEREAS, Development Code Amendment 19-04 is a city-initiated request to update Chapter 19.22 (Sign Regulations) and amend Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code (SBMC Title 19); and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 19-04 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15074, preparation of a Negative Declaration was the appropriate environmental review procedure under CEQA, because there are no potential significant impacts of the Project; and WHEREAS, a Mias prepared for the Project; and WHEREAS, on December 19, 2019, in accordance with State CEQA Guidelines Section 15072(d), the NOI was also posted by the Clerk for the County of San Bernardino Board of Supervisors to begin the 20-day public review period; and WHEREAS, on January 14, 2020, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2020-006 recommending the adoption of the Negative Declaration, and the approval of Development Code Amendment 19-04 to the Mayor and City Council; and WHEREAS, notice of the May 20, 2020 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on May 9, 2020, in accordance with Development Code Chapter 19.52 (Hearings and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the ND or additional environmental review under State CEQA Guidelines Section 15073.5; and 1 Ordinance No. MC-1531 Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) Development Code Amendment 19-04 NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Negative Declaration, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3. Adoption of the Negative Declaration. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Negative Declaration for the Project. SECTION 4. Finding of Facts Development Code Amendment 19-04 The proposed amendment is consistent with the General Plan. he proposed amendment is consistent with the General Plan goals and policies including the following: General Plan Land Use Element Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. 2 Ordinance No. MC-1531 - The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City - SECTION 5. Development Code Amendment 19-04 to update Chapter 19.22 (Sign Regulations) and amend Chapter 19.20 (Property Development Standards), attached hereto and incorporated herein by reference as Exhibits A, is hereby approved. 3 Ordinance No. MC-1531 SECTION 6. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approving the Project. SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 9. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2020. John Valdivia, Mayor City of San Bernardino Attest: ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney 4 Ordinance No. MC-1531 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1531, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2020 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2020. Genoveva Rocha, CMC, Acting City Clerk 5 SIGN REGULATIONS 19.22 CHAPTER 19.22 SIGN REGULATIONS Section Page 19.22.010 Purpose ........................................................................................................ III-19.22-1 19.22.020 Applicability ................................................................................................ III-19.22-2 19.22.030 General Requirements for All Signs ........................................................... III-19.22-6 19.22.040 Prohibited Signs ......................................................................................... III-19.22-11 19.22.050 Design Principles ........................................................................................ III-19.22-12 19.22.060 Sign Permit and Sign Program Requirements ........................................... III-19.22-13 19.22.070 Permanent Signs ......................................................................................... III-19.22-21 19.22.080 Temporary Signs ........................................................................................ III-19.22-33 19.22.090 General Advertising Signs (Billboards) .................................................... III-19.22-37 19.22.100 Nonconforming Signs ................................................................................ III-19.22-39 19.22.110 Enforcement ............................................................................................... III-19.22-40 19.22.120 Signs on Public Property ............................................................................ III-19.22-41 19.22.130 Definitions .................................................................................................. III-19.22-42 Tables 22.01 Exempt Signs with Limitations (Do Not Require Permit) ......................... III-19.22-4 22.02 Responsible Review Authority .................................................................. III-19.22-13 22.03 Residential Zones ....................................................................................... III-19.22-21 22.04 Commercial Zones ..................................................................................... III-19.22-22 22.05 Industrial Zones .......................................................................................... III-19.22-23 22.06 Public and Quasi-Public Zones .................................................................. III-19.22-24 22.07 Temporary Sign Standards for Non-Residential Zones ............................ III-19.22-34 19.22.010 PURPOSE This Chapter provides a comprehensive system of reasonable, effective, consistent, and content- neutral sign standards and requirements to: A.Protect the general public health, safety, welfare, and aesthetics of the community. B.Promote and accomplish the goals, policies, and measures of the General Plan, including, but not limited to, addressing issues of scale, type, design, materials, placement, compatibility, and maintenance of signs (Community Design Policy 5.2.6) and the relationship of signs to both the scale of the buildings and to the street (Community Design Policy 5.7.4). C.Allow businesses, institutions, and individuals to exercise their right to free speech by displaying a message or image on a sign, and to allow audiences to receive such information. III-19.22-1 May 2020 SIGN REGULATIONS 19.22 D. Preserve and improve the appearance of and property values in the City of San Bernardino, and protect the City from the visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, color, illumination, and maintenance of signs. E. Encourage the use of signs that provide direction and aid orientation for businesses and activities to enhance their economic value to the community and local businesses. F. Require that signs are designed, constructed, installed, and maintained in a manner that promotes public safety and traffic safety. G. Comply with the requirements of the Americans with Disabilities Act (ADA) and keep public rights-of-way clear and open to all. H. Comply with the requirements of the Federal Highway Beautification Act (Section 23 of USC Title 131 \[Highways Code\]) and the Outdoor Advertising Act (Chapter 2 in the California Business and Professions Code). I. Encourage signs that are well designed and pleasing in appearance, and provide incentive and latitude for variety, good design relationship, spacing, and location. J. Promote signs that identify businesses and premises without confusion through clear and unambiguous sign standards that enable fair and consistent enforcement. 19.22.020 APPLICABILITY A. Applicability. 1. This Chapter 19.22 applies to all signs within the City of San Bernardino unless specifically exempted herein. 2. The number and area of signs set forth in this Chapter are intended to be the base standards. In addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property, as well as the surrounding community. 3. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on City of San Bernardino property that is open to the public, as long as the person holding the sign does not block ingress and egress from buildings; create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails; or violate any other reasonable time, place, and manner restrictions adopted by the City of San Bernardino. B. Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Chapter. III-19.22-2 May 2020 SIGN REGULATIONS 19.22 C. Exemptions. The following sign types are expressly exempted from the Sign Permit requirements of this Chapter and shall not count toward cumulative allowable sign area, but must satisfy all other permit requirements when applicable (e.g., Building, Electrical, Plumbing, Grading, Encroachment, etc.): 1. Exempt Signs without Limitations. The following signs are exempt from the provisions of this Chapter so long as they do not constitute a General Advertising Sign: a. Non-signs. All devices that are excluded from the definition of a "Sign." b. Message Substitution. Conforming signs on which the message is changed, but such message substitution does not alter the sign size, height, location, or illumination. This provision does not authorize the conversion of an existing legal sign to a General Advertising Sign (Billboard) or to a digital display. c. Interior Graphics or Signage. Signs or displays within a structure and not visible (meaning capable of being seen, regardless of actually being read) by the public from any public right-of-way or publicly accessible area. d. Plaques. Tablets and plaques installed by the City of San Bernardino, or by a State, Federal, or County recognized historical organization exempt from Federal taxation under Section 501 of USC Title 26 (IRS Code) that are no larger than six square feet, or signs authorized and installed by City, County, State, or Federal agencies on public owned lands. e. Equipment Signs. Signs incorporated into permitted displays, machinery, or equipment by a manufacturer, distributor, or vendor and identifying or advertising only the product or service dispensed by the machine or equipment, such as signs customarily fixed to automated teller machines (ATMs), vending machines, and gasoline pumps. f. Official Notices. Any sign, posting, notice, or similar sign issued, installed, placed, or required by law by the City of San Bernardino, County of San Bernardino, or a Federal or State governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including but not limited to the following: (1) Emergency and warning signs necessary for public safety or civil defense; (2) Legal notices posted pursuant to law or court order; (3) Traffic, railroad, utility, and parking signs erected and maintained by an authorized public agency or approved by an authorized public agency; (4) Direction, warning, or information signs required or authorized to be displayed by law; (5) Numerals and lettering identifying the address from the street to facilitate emergency response and compliant with City of San Bernardino requirements; III-19.22-3 May 2020 SIGN REGULATIONS 19.22 (6) Signs erected by a government agency directing the public to points of interest; (7) Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8880 et seq.; and (8) Motor vehicle fuel pricing signs, as required by State law, which identify the brand, types, octane rating, etc., of motor vehicle fuel for sale (Sections 13470 and 13530 of the Business and Professional Code). While exempt, the City of San Bernardino may review and approve motor vehicle fuel pricing signs to confirm design requirements for permanent or temporary placement and approval provisions listed herein. g. Flags. Flags, as defined herein, located on poles up to 75 feet in height and not subject to the Temporary Signs standards. Pennants, Banner Signs, Feather Signs, strings of ornamental fringes and streamers are not included in this exemption and are regulated under Section 19.22.080. 2. Exempt Signs with Limitations. The following Signs are exempt from Sign Permit requirements if they meet the size, height, duration, maximum number limitations, and any additional requirements set forth in Table 22.01, so long as they do not constitute a General Advertising Sign: Table 22.01 Exempt Signs with Limitations (do not require permit) Maximum Maximum Sign Maximum Sign Sign Type Additional Requirements Number Area Height a. Window Signs N/A 25% of the N/A See Section 19.22.070(B)(9). total window glass area of the building frontage b.Yard Signs on property 1 sign per street 32 sf 8 ft Such signs shall be removed prior undergoing construction frontage to issuance of a Certificate of or remodeling (on sites Occupancy or within 7 days after less than 5 acres in size) the sale/rental of the last unit in the project/subdivision, as c. Yard Signs on property 1 sign per street 76 sf 12 ft applicable. undergoing construction frontage See Section 19.22.080(B) and or remodeling (on sites 5 (D). acres or more in size) d.Yard Signs on residential 1 sign per street 8 sf 5 ft Such on-site signs shall be property that is offered for frontage removed within 7 days after the sale, lease, or rental close of escrow, rental, or lease of the property. Each dwelling may place up to 6 off-site Temporary Signs on private property for the purpose of directing the public to a residential activity (e.g., real estate open house). Said signs may be posted for no more than 48 hours and shall be removed within 6 hours of the end of the event. See Section 19.22.080(B) and (D). III-19.22-4 May 2020 SIGN REGULATIONS 19.22 Maximum Maximum Sign Maximum Sign Sign Type Additional Requirements Number Area Height e. Signs on non-residential 1 per street 32 sf 8 ft Such signs may be freestanding property that is offered for frontage (located in a yard) or mounted sale, lease, or rental in a window or on a wall. Such signs shall be removed within 7 days after the close of escrow, rental, or lease of the property. See Section 19.22.080(B) and (D). f. Yard Signs on private 1 per street 6 sf 5 ft Such on-site signs shall be property where there is a frontage removed within 7 days after the garage, yard, estate sale, close of the sale. or community Each dwelling may place up to 6 garden/agricultural off-site Temporary Signs on produce sale taking place private property for the purpose of directing the public to a residential activity (e.g. garage/yard sale, estate sale). Said signs may be posted for no more than 48 hours and shall be removed within 6 hours of the end of the event. See Section 19.22.080(B) and (D). g. Wall Signs at Entrances to N/A 4 sf (total N/A Such signs shall not be Non-Residential aggregate) illuminated unless located within Businesses the Main Street Overlay Zone and shall be placed on a window or wall near the primary and/or secondary business entrance. See Section 19.22.070(B)(8). h.Commercial Mascots N/A N/A N/A Commercial Mascots shall not impede pedestrian or vehicular access. Commercial Mascots shall be located on the property for which the service or product that is being advertised is located. i. Suspended Signs One per entrance 6 sf N/A See Section 19.22.070(B)(7). j. Temporary signs N/A 24 sf Such signs shall Signs erected for and displaying not project above associated with particular noncommercial messages the roofline of events shall be removed any structure. within 7 days following the event. Up to 6 off-site Temporary Signs may be placed on private property for the purpose of directing the public to a noncommercial activity. Said signs may be posted for no more than 48 hours and shall be removed within 6 hours of the end of the event. See Section 19.22.080(B) and (D). III-19.22-5 May 2020 SIGN REGULATIONS 19.22 19.22.030 GENERAL REQUIREMENTS FOR ALL SIGNS Except as otherwise indicated, the following requirements shall apply to all signs in the City of San Bernardino: A.Sign Message and Substitution. Any sign may contain commercial and/or noncommercial message. Subject to the property owner's consent, a constitutionally protected noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized in compliance with this Chapter, without consideration of message content. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision 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 provision prevails over any more specific provision to the contrary. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is authorized in compliance with this Chapter, as determined by the Community and Economic Development Director, without consideration of message content. This provision does not create a right to increase the total number of signs on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device or location; and does not authorize the conversion of an existing sign to a General Advertising Sign. B. Interpretations by Community and Economic Development Director. 1. Authority of Director to Interpret; Referral to Commission. Whenever the Community and Economic Development Director determines that the meaning or applicability of any of the requirements of this Chapter is subject to interpretation generally, or as applied to a specific case, the Community and Economic Development Director may issue an official interpretation or refer the question to the Planning Commission for determination. 2. Request for Interpretation. Any party may file a request for an interpretation or determination of this Chapter with the Community and Economic Development Director and shall include with such request the specific provisions in question and any other information necessary to assist the Community and Economic Development Director in the review. 3. Record of Interpretation. All interpretations and determinations by the Community and Economic Development Director and Planning Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept. 4. Appeals. Any interpretation of this Chapter by the Community and Economic Development Director or Planning Commission may be appealed in compliance with Chapter 9.94. III-19.22-6 May 2020 SIGN REGULATIONS 19.22 5. Content Neutrality. Interpretations of the requirements of this Chapter shall be exercised in light of the City of San Bernardinos content neutrality policy. 6. Sign Type. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a structureCalifornia Building Code, then the Community and Economic Development Director shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this Chapter. C. Content Neutrality. It is the City of San Bernardinos policy to regulate signs in a constitutional manner that is content neutral with respect to both noncommercial and commercial messages. For the purposes of this Chapter, a content-neutral regulation is a so- called place limits on when, where, and how a message may be displayed or conveyed. D. Vehicle Visibility Triangle: No sign, permanent or temporary, flag, flagpole, etc. shall be erected within the Traffic Safety Sight Area, as indicated in Section 19.20.030.29. E. Sign Removal or Replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed, and any electrical components shall be removed and/or capped and any resulting holes filled. Affected building surfaces shall be restored to match the adjacent portion of the building. F. Materials and Mounting Required. 1. Materials. Signs shall be made of sturdy, durable materials capable of withstanding weathering over the life of the sign with reasonable maintenance. Paper, fabric, plywood, and other materials subject to rapid deterioration may only be used for Temporary Signs or as permitted Awning Signs. 2. Mounting Required. All Permanent Signs shall be firmly anchored, shall comply with all requirements for public safety, and shall satisfy all applicable safety codes and all other applicable governmental enactments, rules, regulations, or policies. 3. Quality Design. All Permanent Signs shall be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs) or others who are capable of producing professional results. 4. Quality Construction. All Permanent Signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs with neat and readable copy, and provide for sign durability so as to reduce maintenance costs and to prevent dilapidation. 5. Hand-Painted Signs. All hand-painted signs shall be professionally applied by a sign manufacturer, artist, or similarly qualified entity or person. III-19.22-7 May 2020 SIGN REGULATIONS 19.22 G. Sign Illumination: The following standards shall apply to all illuminated signs: 1.Shielding. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Illumination. Signs may be internally or externally illuminated. 3. Residential Properties in Direct Line of Sight. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will negatively impact residential properties in direct line of sight to the sign. 4. Colored Lights. Colored lights shall not be used at a location or in a manner to be confused or construed as traffic control devices. 5. Bulb Face Exposure. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property. This provision does not apply to light-emitting diodes associated with Digital Signs. 6. Energy Efficiency. Light sources shall utilize energy-efficient fixtures to the greatest extent possible. 7. No Flashing. Lights illuminating signs shall not flash, blink, flutter, include intermittent or chasing lights, or provide any illumination that is in motion or appears to be in motion. See Section 19.22.070(B)(3) for standards pertaining to that sign type. 8. Digital Signs. Digital Signs shall comply with Section 19.22.070(B)(3). H. Sign Maintenance. All parts, portions, units, and materials composing a sign, together with the frame, background, surface, support, or enclosure, shall be maintained in a good and safe condition, painted, and adequately protected from weathering with all braces, bolts, and structural parts, supporting frames, and fastenings reasonably free from deterioration, rot, rust, rips, tears, loosening, and similar damage so that they do not create a hazard to persons or property or constitute a nuisance. I. Deteriorated Signs. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, has missing or inoperative lights, or is in an otherwise dilapidated condition shall be promptly repaired, to the satisfaction of the Community and Economic Development Director, or removed. J. Graffiti. Graffiti on a sign shall be removed within 48 hours of notice of its placement on such sign. K. Repairs. An unmaintained sign shall be repaired or replaced within 30 calendar days following notification via a Notice of Violation from the Code Enforcement Division. Noncompliance with such a request shall constitute a nuisance, and penalties may be assessed in compliance with the provisions of Chapter 19.46. Within the 15 days after a Notice of Violation is mailed, the property owner may request a hearing before the Hearing Officer on the unmaintained sign determination in compliance with the provisions of Chapter 9.94. III-19.22-8 May 2020 SIGN REGULATIONS 19.22 L. Rules for Sign Measurement. 1.Measuring Sign Height. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the height of the adjoining finished grade directly beneath the sign. 2. Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. 3. Measuring Building Frontage. Building frontage is the building façade width that directly abuts a public street, private street, parking lot driveway, or parking spaces. 4. Calculating Sign Area: General. Supporting structures such as sign bases and columns are not included in the sign area, provided that they contain no lettering or graphics except for addresses or required tags. See Figure 22.01. Figure 22.01: Calculation of Freestanding Sign Area 5. Calculating Sign Area: Single-Faced Signs (Four Sides or Fewer). For sign faces with four or fewer sides, sign area shall include the entire area within a single continuous perimeter composed of one triangle, square, or rectangle (consisting of no more than four corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. See Figure 22.02. Figure 22.02: Calculation of Sign Area on Single-Faced Signs (Four Sides or Fewer) III-19.22-9 May 2020 SIGN REGULATIONS 19.22 6. Calculating Sign Area: Single-Faced Signs (Five Sides or More). For sign faces with five or more sides, sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles(consistingof horizontaland verticallines and no more than 12 corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. See Figure 22.03. Figure 22.03: Calculation of Sign Area on Single-Faced Signs (Five Sides or More) 7. Calculating Sign Area: Double-Faced Signs. Only one face of a double-faced sign shall be counted in computing the permitted area of the sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure. Where the two faces are not equal in size, the larger sign face shall be used. 8. Calculating Sign Area: Multi-Faced Signs. On a three-faced sign, the combined sum of the area of two faces (the largest and smallest face) shall be counted in computing the permitted area of the sign. 9. Calculating Sign Area: Three-Dimensional Signs. On spherical, free-form, sculptural, or other non-planar signs, sign area equivalent to 50 percent of the sum of the areas using only the four vertical sides of the smallest cube that will encompass the sign structure, as shown in Figure 22.04, shall be counted in computing the permitted area of the sign. Figure 22.04: Calculation of Sign Area on Three-Dimensional Signs III-19.22-10 May 2020 SIGN REGULATIONS 19.22 19.22.040 PROHIBITED SIGNS The following signs are inconsistent with the sign standards set forth in this Chapter and are therefore prohibited. A.Prohibited Signs. The following signs are prohibited except where specifically authorized: 1. Abandoned Signs. 2. Banner Signs, Flags, Pennants, Feather Signs, and other paraphernalia composed of paper, cardboard, cloth, or other flexible material, except as permitted by Section 19.22.080. 3. General Advertising Signs (Billboards), except as permitted by Section 19.22.090. 4. Chalkboards or blackboards. 5. Illegal Signs. 6. Pole Signs. 7. Portable Signs or A-Frame Signs, except as permitted per Table 22.01(D) or in the Main Street Overlay Zone per Table 22.07(D) and Section 19.22.080(D)(5). 8. Signs on fences. 9. Roof Signs, with the exception of signs on mansard roofs where, in the opinion of the Community and Economic Development Director, no other useable sign area is available, 10. Iconic Signs and as otherwise allowed by an approved Creative Sign Permit. 11. Any Mobile General Advertising Sign as defined in this Chapter. 12. Signs deemed to be a public nuisance as defined in Section 19.22.130 and regulated by Chapter 8.30. B. Location Restrictions. Signs may not be placed in the following locations except where specifically authorized: 1. Signs on public property, except as required or authorized by a governmental agency, and except as permitted by Section 19.22.090 and Section 19.22.120. 2. Signs painted on fences or roofs. 3. Bench Signs, except as permitted by Design Review or on approved transit amenities. III-19.22-11 May 2020 SIGN REGULATIONS 19.22 C. Display Restrictions. Signs with the following display features are prohibited: 1.Animated, moving, flashing, blinking, reflecting, revolving, scrolling, digital or video screen signs where the message is displayed for fewer than eight seconds (dwell time) before changing to another message, or any other similar sign, except as otherwise allowed by Section 19.22.070(B)(3) and Section 19.22.060(D). 2. Inflatable Signs, except as allowed per Section 19.22.080. 3. Signs which simulate in color or design a traffic sign or signal, or which make use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. 4. Signs which emit sound, odor, or smoke. 5. Digital Signs that are located in windows (digital Window Sign), but not including neon signs. 19.22.050 DESIGN PRINCIPLES Signage shall be used as a positive means of identifying a business, create an image, and also to brand an identity. The following sign design principles shall be used as criteria for review and approval of Sign Permits and Sign Programs in the City of San Bernardino. A. Architectural Compatibility. The sign shall be compatible with the building and the site upon which it is located. A sign (including its supporting structure, if any) shall be designed as an integral design element of a buildings architecture and shall be architecturally compatible, including in terms of color and scale, with any building to which the sign is to be attached and with surrounding structures. Where more than one sign is provided, all signs shall be complementary to each other. B. Context Character. A sign shall be sensitive in context to nearby uses. Where a sign is located in a district with historic buildings and landmark signs, new signs shall contribute to an integrated appearance to such district. Where a sign is located in close proximity to a residential area, the sign shall be designed and located so it has little or no impact on adjacent residential neighborhoods. C. Legibility. Signage shall be designed to provide clear, legible information that indicates the proposed signs purpose. The size and proportion of the elements of the signs message including logos, letters, icons and other graphic imagesshall be selected based on the average distance and average travel speed of the viewer. Sign messages oriented toward pedestrians may be smaller than those oriented toward vehicle drivers. D. Readability. A sign message shall be easily recognized and designed in a clear, unambiguous, and concise manner so that a viewer can understand or make sense of what appears on the sign. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background to be easily read during both day and night. III-19.22-12 May 2020 SIGN REGULATIONS 19.22 E. Visibility. A sign shall be conspicuous and readily distinguishable from its surroundings so a viewer can easily see the information it communicates. F.Graphic Interest. Sign colors and materials shall be selected to contribute to legibility and design integrity. Signage that is creative and visually interesting is encouraged. 19.22.060 SIGN PERMIT AND SIGN PROGRAM REQUIREMENTS A. Review Authority. Table 22.02 identifies the responsible review authority for sign permit and sign program approvals. At the Community and Economic Development Directors discretion, any sign permit or sign program submitted for review by the Community and Economic Development Director may be referred to the Planning Commission for Design Review. Procedures for review, appeal and notification shall be conducted as indicated in Chapter 19.52. Table 22.02 Responsible Review Authority Community and Economic Planning Mayor and Permit Type Development Director Commission City Council Sign Permit Temporary Sign Decision Appeal Appeal Permanent Sign (General) Decision Appeal Appeal Creative Sign Recommend Decision Appeal Digital Sign Decision Appeal Appeal Iconic Sign Recommend Decision Appeal Nonconforming Sign Modification Decision Appeal Appeal Minor Sign Area Modification Decision Appeal Appeal Sign Program Decision Appeal Appeal Billboard Modification/Replacement Recommend Decision Appeal B. Sign Permits. 1. Permit Required. To ensure compliance with the regulations contained in this Chapter, a Sign Permit is required to erect, move, alter, replace, or reconstruct a sign, whether permanent or temporary. Each sign requires a separate Sign Permit, except those specifically exempted under Section 19.22.020(C). The following sign maintenance activities are permitted without issuance of a Sign Permit, so long as any other required building permit is obtained prior to the modification of a sign: a. Painting, repainting, or cleaning of a sign; and b. Changes to the face or copy of a sign with changeable copy. 2. Identification Decal. Every sign for which a permit is issued shall be plainly marked with the corresponding permit number issued for the sign. Tags may be displayed on sign faces or at the base of a sign structure in a visible location. Tags for Freestanding Signs or Monument Signs shall be located on the structure no higher than six feet above grade. III-19.22-13 May 2020 SIGN REGULATIONS 19.22 3. Findings and Decision. The following findings are required to be made by the responsible review authority for approval of a specifically called-out Sign Permit application, with or without conditions: a. The sign complies with the standards of this Chapter, any applicable specific plan or precise development plan, and any applicable Comprehensive Sign Program; b. The sign is in substantial compliance with any applicable design guidelines and the design principles listed in Section 19.22.050; c. The sign will not impair pedestrian and vehicular safety; d. The signs design or proposed construction will not threaten the public health, safety, or welfare; and e. Where a commercial sign is affiliated with a business, that business shall have a valid Business License prior to issuance of Sign Permit. 4. Expiration and Extension of Sign Permit. An approved Sign Permit shall expire 12 months from the date of approval unless the sign has been installed in accordance with the approved Sign Permit and all applicable building codes or unless a different expiration date is stipulated at the time of approval. Notwithstanding these dates, the expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits. Prior to the expiration of a Sign Permit, the applicant may apply to the Community and Economic Development Director for one extension of up to an additional 12 months from the original date of expiration. In response to an extension request, the Community and Economic Development Director may make minor modifications to the original approval or deny further extensions. 5. Revisions to Sign Permit. The Community and Economic Development Director may approve minor changes to an approved Sign Permit if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Sign Permit by the responsible review authority. C. Comprehensive Sign Program. 1. Purpose. The purpose of a Comprehensive Sign Program is to integrate all signs proposed for a single development project with the overall site and structure design to present a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs and/or unique signs and to achieve, not circumvent, the purpose of this Section. A sign program shall not be used to circumvent the City of San Bernardinos prohibition on new billboards or any other prohibited sign. 2. When Required. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. A Comprehensive Sign Program may be requested in circumstances other than those outlined in Subsections a. through e., below, but is not required. III-19.22-14 May 2020 SIGN REGULATIONS 19.22 a. Whenever four or more separate tenant spaces are present on the same parcel or on multiple parcels that are part of a unified shopping center or similar business center, regardless of whether the tenant spaces are occupied; b. Whenever five or more non-exempt signs are proposed for a single-tenant development; c. Wherever two or more Digital Signs are proposed; d. For any off-site temporary signs provided in conjunction with a residential subdivision pursuant to Section 19.22.080(D)(6); and e. Whenever the Community and Economic Development Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of site, the size and/or number of proposed signs, limited site visibility, a business within another business, the location of the site relative to major transportation routes, etc.) 3. Standards. A Comprehensive Sign Program shall comply with the following standards: a. The proposed Comprehensive Sign Program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines, and the overall purpose and intent of this Section. b. The proposed signs shall enhance the overall development and relate visually to other signs included in the Comprehensive Sign Program, to the structures and developments they identify, and to surrounding development, when applicable. c. The Comprehensive Sign Program shall include all signs, including permanent, temporary, and exempt signs. d. The Comprehensive Sign Program shall accommodate future revisions that may be required because of changes in use or tenants. e. The Comprehensive Sign Program shall comply with the standards of this Chapter, except: (1) The transfer of sign area limits from underutilized sign areas to areas that are more practical, through the use of a Sign Budget are permitted. The Sign Budget would equal the total allowable sign area of all signs in the development (inclusive of awning/canopy, driveway, monument/pylon, projecting, and wall signs, but excluding exempt and temporary signs). A sign area transfer shall not exceed 50 percent of the total allowable sign area for any particular sign type. (2) Deviations of up to 20 percent are permitted with regard to individual sign area, total number, location, and height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. III-19.22-15 May 2020 SIGN REGULATIONS 19.22 (3) Deviations associated with Sections 19.22.060(B)(3)(e)(1) and (2) shall not be allowed in conjunction with deviations associated with Section 19.22.060(G). f. Approval of a Comprehensive Sign Program shall not authorize the use of signs listed as prohibited by Section 19.22.040. 4. Findings and Decision. The following findings are required to be made by the responsible review authority for the approval of a Comprehensive Sign Program application, with or without conditions: a. The Comprehensive Sign Program complies with the purpose and intent of this Chapter 19.22 and with all standards listed in Section 19.22.060(C)(3); b. The Comprehensive Sign Program does not allow any sign that is prohibited by Section 19.22.040; c. The Comprehensive Sign Program is in substantial compliance with any applicable design guidelines and the design principles listed in Section 19.22.050; d. The Comprehensive Sign Program standards will result in signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments; e. The Comprehensive Sign Program will not result in signs that would impair pedestrian and vehicular safety; and f. Light and glare associated with the signs will not negatively affect nearby residential uses. 5. Post-Approval Procedures. After approval of a Comprehensive Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with such program, and such program may be enforced in the same way as any provision of this Section. a. Lease Agreements. The Comprehensive Sign Program and all conditions of approval shall be attached to the lease agreements for all leasable space within a project. b. Individual Signs. Any sign that conforms to an approved Comprehensive Sign Program may be approved by the Community and Economic Development Director; however, individual signs proposed under an approved Comprehensive Sign Program require a Sign Permit. c. Amendments. The Community and Economic Development Director may approve minor amendments to a Comprehensive Sign Program that are in substantial conformance with the original approval. Minor amendments include revisions to sign location, sign type, and sign orientation. All other amendments, including amendments to total sign area and/or conditions of approval, shall be processed as a new application. III-19.22-16 May 2020 SIGN REGULATIONS 19.22 D. Creative Sign Permits. 1.Purpose. The purposes of the Creative Sign Permit are to: a. Encourage signs of unique design that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and b. Provide a process for the application of sign regulations in ways that will allow creatively designed signs to make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs. 2. When Required. An applicant may request approval of Creative Sign Permit to authorize one on-site sign that employs standards that differ from the standards applicable to signs established in this Chapter but comply with the specific provisions of this Section. However, the Creative Sign Permit process shall not be used to allow any prohibited sign type or feature set forth in Section 19.22.040. 3. Findings and Decision. The following findings are required to be made by the responsible review authority in the approval of a Creative Sign Permit application, with or without conditions: a. Design quality. The proposed creative sign will: (1) Comply with the design principles set forth in Section 19.22.050; (2) Contribute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; (3) Have a unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness through the use of color, graphics, proportion, quality materials, scale, and/or texture; (4) Utilize or enhance the architectural elements of the building; and (5) Be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses. b. Contextual criteria. The sign will also contain at least one of the following elements: (1) Classic historic design style; (2) Creative image reflecting current or historic character of the City of San Bernardino; or (3) Inventive representation of the logo, name, or use of the structure or business. 4. Expiration, Extension, and Amendment of Creative Sign Permit. Procedures for expiration, extension, and amendments of Creative Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). III-19.22-17 May 2020 SIGN REGULATIONS 19.22 E. Iconic Sign Permits. 1.Purpose. The purpose of the IconicSignPermitis to: a. Preserve signs that, through design and artistic expression unrelated to their message, are culturally significant and represent unique character, history, and identity; and b. Protect the community from inappropriate reuse of nonconforming and/or illegal signs. 2. Application. An application for an Iconic Sign Permit may be made by a business owner, property owner, or the City of San Bernardino for consideration by the responsible review authority. 3. Findings and Decision. In granting an Iconic Sign Permit, the responsible review authority shall be required to make the following findings: a. Technical Criteria. Iconic Signs shall meet the following technical criteria: (1) The sign uses materials, technology, or sign-making technique representative of its period of construction; (2) The sign is structurally safe or can be made safe without substantially altering its original appearance; and (3) The sign retains the majority of its character-defining features. If character- defining features have been altered or removed, the majority are potentially restorable to their original function and appearance. b. Design Criteria. Iconic Signs shall meet two or more of the following cultural or vernacular design features: (1) The sign exemplifies the cultural, economic, or period heritage of the City of San Bernardino. (2) The sign exhibits extraordinary aesthetic quality, creativity, or innovation; (3) The sign represents an entity that is an important part of San Bernardino history; or the sign is obsolete sign copy that is originally associated with a chain or franchise business that it either local or regional chain or franchise only found in the City of San Bernardino or the southwestern United States; or the sign is associated with a significant historical event; or there is scholarly documentation to support its preservation; or it is a rare surviving example of a once common type; or (4) The sign is at least 50 years old. III-19.22-18 May 2020 SIGN REGULATIONS 19.22 4. Standards and Allowances for Iconic Signs. a.Structural Improvements. IconicSigns may have structural improvements completed to extend the life of the sign, provided such improvements do not affect the integrity of the iconic nature of the sign. b. Damage Repairs. If the sign is damaged, it may be repaired and/or replaced with the original sign area and original height, even if the sign does not conform to the standards of this Chapter, provided such repairs do not affect the integrity of the iconic nature of the sign. c. Sign Area Bonus. The area of an Iconic Sign shall not be counted toward the maximum sign area for a premise. d. Relocation. Relocation of an Iconic Sign shall be permitted through an approved Sign Permit, provided the following requirements are met: (1) Relocation shall be to a location within the original premises or to a location within the specific neighborhood in which the sign was originally located; and (2) If relocated to another premise, the sign shall display a conspicuous text or a plaque, using a template provided by the City of San Bernardino, that indicates that the sign has been relocated, the date of relocation, and the original location. e. Change in Sign Copy. (1) Changes in sign copy shall be permitted, provided such changes do not result in changes to character-defining text, as determined by the Community and Economic Development Director. (2) Changes in sign copy shall match or be compatible with existing text in material(s), letter size, font/ typography, and color, as determined by the Community and Economic Development Director. 5. Expiration, Extension, and Amendment of Iconic Sign Permit. Procedures for expiration, extension, and amendments of Iconic Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). F. Nonconforming Sign Modifications via a Nonconforming Sign Permit. 1. Purpose. The purpose of the Nonconforming Sign Permit is to allow signs that are legally nonconforming only by virtue of the zone in which they are located (meaning that the zone does not permit the sign) to have minor modifications and improvements made to them. 2. When Required. A Nonconforming Sign Permit is required whenever the owner of a sign located on a property which has been rezoned and where the rezoning has resulted in the sign becoming nonconforming proposes to modify an existing Nonconforming Signs pole structure or relocate a sign on the same site. III-19.22-19 May 2020 SIGN REGULATIONS 19.22 3. Permitted Modifications. a.Relocation.Suchsign may be relocated on the subject site to a location that reduces impacts on surrounding residential uses, improves onsite circulation, or improves the visibility of the sign without impacting surrounding uses. b. Replacement. A Nonconforming Sign may be replaced with an Awning Sign or Wall Sign, of a size not to exceed the existing sign. c. Improvements to Pole Signs. The structure of a Pole Sign may be modified to improve the physical appearance of the pole structure, as determined by the responsible review authority. 4. Findings and Decision. In granting a Nonconforming Sign Permit, the responsible review authority shall be required to make the following findings: a. The Nonconforming Sign Modification is in substantial compliance with any applicable design guidelines and the design principles set forth in Section 19.22.050; b. The Nonconforming Sign Modification will result in a sign or signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments; c. The size, height, and sign type of the nonconforming sign are permitted in a zone in the City of San Bernardino that allows the type of use the sign identifies; d. The Nonconforming Sign Modification does not include a digital sign; and e. The Nonconforming Sign Modification will not result in signs that would impair pedestrian and vehicular safety nor create light and glare that would negatively affect nearby residential uses. 5. Expiration, Extension, and Amendment of Nonconforming Sign Modification Permit. Procedures for expiration, extension, and amendments of Nonconforming Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). G. Minor Sign Area Modification. 1. Purpose. The purpose of the Minor Sign Area Modification Permit is to encourage Permanent Signs that exhibit extraordinary aesthetic quality, creativity, and/or innovation through a minor increase to the maximum allowed sign area. 2. Application. An application for a Minor Sign Area Modification Permit may be made by a business owner, property owner, or the City of San Bernardino for consideration by the responsible review authority. III-19.22-20 May 2020 SIGN REGULATIONS 19.22 3. Permitted Modification. Permanent Signs may deviate no more than 10 percent from the applicable maximum sign area standard established in this Chapter. A modification permitted by this Subsection shall not be additive to any modification allowance permitted by this Chapter, including a Comprehensive Sign Program. 4. Findings and Decision. In granting a Permanent Sign Area Modification Permit, the responsible review authority shall be required to make the following findings: a. The Permanent Sign complies with the design principles set forth in Section 19.22.050; b. The Permanent Sign will contribute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; and c. The Permanent Sign will provide strong graphic character through the effective use of color, graphics, proportion, quality materials, scale, and texture. 5. Expiration, Extension, and Amendment of Permanent Sign Area Modification Permit. Procedures for expiration, extension, and amendments of Permanent Sign Area Modification Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5). 19.22.070 PERMANENT SIGNS A. Permanent Sign Standards by Zone. All Permanent Signs shall comply with the standards set forth in this Section. Additional Permitted Signs are included under Section 19.22.020(C). Tables 22.03, 22.04, 22.05, and 22.06 identify the sign type, number, location, area, and height allowed within each zone, along with any applicable additional regulations. The standards contained in Tables 22.03, 22.04, 22.05, and 22.06 are maximums, unless otherwise stated. Table 22.03 Residential Zones Maximum Maximum Sign Maximum Sign Illumination Sign Type Additional Requirements Number Area Height Allowed 1. Single-Family Residential Subdivision Development in Residential Zones a. Monument 2 per major 30 sf per sign 6 ft Permitted only at External neighborhood major entrances to illumination entrance projects or only neighborhoods Maintenance responsibility shall be assigned to community association Digital Signs not permitted Section 19.22.070(B)(4) 2. Public/Quasi-Public Use in Residential Zones a. Monument 2 per major 30 sf per sign 6 ft Permitted Section entrance 19.22.070(B)(4) b.Wall 1 per street 24 sf per sign 3 Must Permitted Section 19.22.070(B)(8) frontage be below eave line III-19.22-21 May 2020 SIGN REGULATIONS 19.22 Maximum Maximum Sign Maximum Sign Illumination Additional Sign Type Number Area Height Allowed Requirements 3. Multiple-Unit Residential Zones a. Wall 1 per street 24 sf per sign 4 Must Permitted Digital Signs frontage be not permitted below Section 19.22.070(B)(8) eave line b.Monument 1 per street 30 sf per sign 5 6 ft Permitted Section 19.22.070(B)(4) frontage with This allowed sign area entrance may be substituted for permanent sign area applied to a perimeter wall Note: Signs not listed in this table, such as awning signs, suspended signs, pylon signs, etc. are not permitted in residential zones. Table 22.04 Commercial Zones Maximum Maximum Sign Maximum Sign Illumination Sign Type Additional Requirements Number Area Height Allowed a. Awning N/A 25% of the N/A; awning Permitted Section 19.22.070(B)(1) surface area of shall not extend the awning above eave line b.Canopy Single 25% of the 24 inches, as Permitted Section 19.22.070(B)(2) Tenant: 1 per surface area of measured from Section building the canopy the lowest point 19.22.070(C)(2)(c) façade on the sign Multiple Tenant: 1 per tenant space c. Driveway/ 1 per driveway 8 sf per sign face 8 ft Permitted May be in the form of Onsite Traffic or drive- Monument Sign, Pylon Directional through lane, Sign, or Wall Sign plus 1 for every 200 parking spaces on multiple tenant sites and 1 for every 300 parking spaces on single tenant sites, or as otherwise permitted through a Comprehensive Sign Program d.Monument Lots with less Single 8 ft in all zones Permitted Section 19.22.070(B)(4) than 600 feet Tenant: 75 sf except Main of street per sign face Street Overlay frontage: 1 per Zone street frontage Multiple Tenant: 125 sf Main Street Lots with more per sign face Overlay than 600 feet of Zone: 5 ft street frontage: 1 per each 600 feet of street frontage III-19.22-22 May 2020 SIGN REGULATIONS 19.22 Maximum Maximum Sign Maximum Sign Illumination Additional Sign Type Number Area Height Allowed Requirements e. Projecting Single 25 sf per sign Must be below PermittedSection Tenant: 1 per face eave line 19.22.070(B)(5) street frontage Multiple Tenant: 1 per tenant space f. Pylon Lots with less Single Single Permitted Section than 600 feet Tenant: 75 sf Tenant: 25 ft 19.22.070(B)(6) of street per sign face frontage: 1 per Multiple Tenant: street frontage Multiple Tenant: 35 ft 125 sf per sign Lots with more face than 600 feet of street frontage: 1 per each 600 feet of street frontage g. Wall N/A 2 sf of sign area Shall not extend Permitted Section 19.22.070(B)(8) per lineal foot above the eave of primary line building frontage, and 1.5 sf of sign area per lineal foot of a secondary building frontage Note: See Section 19.22.070(B)(4)(f) and 19.22.070(B)(6)(f) for additional restrictions on pylon and monument signs. Figure 22.05: Primary and Secondary Building Frontages Table 22.05 Industrial Zones Maximum Maximum Sign Maximum Sign Illumination Additional Sign Type Number Area Height Allowed Requirements a. Awning N/A 25% of the Must be below Internal Section surface area of the eave line prohibited 19.22.070(B)(1) the awning b.Canopy 1 per street 25% of the 2 ft Permitted Section frontage surface area of 19.22.070(B)(2) the canopy III-19.22-23 May 2020 SIGN REGULATIONS 19.22 Maximum Maximum Sign Maximum Sign Illumination Additional Sign Type Number Area Height Allowed Requirements c. Driveway/ 1 per driveway 12 sf per sign 8 ft Internal May be in the form of Onsite Traffic or drive-face prohibitedMonument Sign, Pylon Directional through lane, Sign, or Wall Sign plus 1 for every 100 parking spaces, or as otherwise permitted through a Comprehensive Sign Program d.Monument Lots with less 1 sf of sign area 8 Permitted Section than 600 feet per 1 lineal foot 19.22.070(B)(4) of street of primary frontage: 1 per building frontage street frontage and 0.75 sf of Lots with sign area per 1 more than 600 lineal foot of feet of street secondary frontage: 1 per building each 600 feet frontage; not to of street exceed 300 sf frontage e. Projecting 1 per street 25 sf per sign Must be below Permitted Section 19.22.070(B)(5) frontage face eave line f. Pylon Lots with less 1 sf of sign area 25 Permitted Section 19.22.070(B)(6) than 600 feet of per 1 lineal foot street of g. Wall: Street 2 on each 2 sf of sign area Must be below Permitted Section 19.22.070(B)(8) Facing occupant per lineal foot eave line building frontage of primary oriented toward a building parking lot, frontage, and 1 street, alley, sf of sign area driveway, or per lineal foot freeway of a secondary building frontage h.Wall: Service 1 for each service 10 sf 6 ft Permitted Section 19.22.070(B)(8) and Delivery or delivery Shall be located within i. Entrances entrance 10 ft of associated entrance Note: See Section 19.22.070(B)(4)(f) and 19.22.070(B)(6)(f) for additional restrictions on pylon and monument signs. Table 22.06 Public and Quasi-Public Zones Maximum Maximum Sign Maximum Sign Illumination Additional Sign Type Number Area Height Allowed Requirements a. Wall 1 per street or 30 sf per sign Must be below Yes Section parking lot eave line 19.22.070(B)(8) frontage b.Monument 1 per street or 30 sf per sign 7 ft Yes Section 19.22.070(B)(4) parking lot face Shall be set back at frontage least 1 foot from any property line III-19.22-24 May 2020 SIGN REGULATIONS 19.22 B. Standards by Sign Type. As listed in, and in addition to the standards in Tables 22.03, 22.04, 22.05, and 22.06, signs shall comply with the following standards applicable to the specific sign type. Each sign shallalso comply with the requirements of Section19.22.030 and all other applicable provisions of this Chapter. 1. Awning Signs. Awning Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Location. Awnings that display signage shall be limited to building frontages on the ground floor of buildings. b. Combined Sign Area. Combinations of signs on awnings, canopies, and walls are permitted but shall not exceed the maximum allowable sign area for Wall Signs per building elevation. c. Vertical clearance. A minimum vertical clearance of at least eight feet from bottom of the awning, including valance, to finished grade shall be maintained. Figure 22.07: Vertical Clearance d. Setback and projection into public right-of-way. A minimum of two feet between the edge of the awning and the outer curb face shall be maintained. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. 2. Canopy Signs. Canopy Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Location. Canopies that display signage shall be limited to building frontages on the ground floor of buildings. b. Height. Canopy Signs shall not project more than 24 inches above the highest point of any canopy, and not above the roofline of the structure for attached canopies. c. Combined Sign Area. Combinations of signs on awnings, canopies, and walls are permitted but shall not exceed the maximum allowable sign area for Wall Signs per building elevation. III-19.22-25 May 2020 SIGN REGULATIONS 19.22 d. Setback and Projection into public right-of-way. A minimum of two feet between the edge of the canopy and the outer curb face shall be maintained. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. Figure 22.08: Canopy Signs 3. Digital Signs. a. No Flashing. Digital Signs shall not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion). b. Display Change. Digital Signs may display changing messages, provided that each message is displayed for no fewer than eight consecutive seconds, unless otherwise permitted by an approved agreement with the City, and in no case shall a message be displayed fewer than four seconds. The transition or blank screen time between one display message and the next shall not exceed one second. c. Night-time brightness. (1) Night-time brightness shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message off, and again with the electronic message displaying a white image for a full color-capable electronic message or a solid message for a single-color electronic message. (2) All measurements shall be taken perpendicular to the face of the electronic message at the following distance: (3) The difference between the off and solid message measurements shall not exceed 0.3 foot-candles at night. III-19.22-26 May 2020 SIGN REGULATIONS 19.22 d. Ambient Light Sensor. Digital Signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambientlight conditions(e.g., photocell technology), or that can be adjusted to comply with the 0.3 foot-candle requirement. e. Turn Off. Digital Signs located within 500 feet and in a direct line of sight of a residentially zoned property shall be turned off daily at the close of business, or at such a time as specified by the Community and Economic Development Director, and in no case shall be permitted to be turned on between the hours of 2:00 A.M. and 6:00 A.M. f. Prohibited Digital Signs. Awning Signs, Canopy Signs, Window Signs, and Driveway/Onsite Traffic Directional Signs shall not include digital copy. g. Certification of Compliance. The owner of any Digital Sign shall arrange for certification by an independent contractor showing compliance with brightness standards. 4. Monument Signs. Monument Signs are permitted pursuant to Section 19.22.070(A) Tables 22.03, 22.04, 22.05, and 22.06. a. Minimum Street Frontage. A minimum street frontage of 100 feet is required for establishment of a monument sign. b. Minimum Separation. Monument Signs shall have a minimum separation of 50 feet from any other Monument Sign on an adjacent property. c. Digital Sign Minimum Separation. Where a Monument Sign includes a digital sign, the minimum radial distance to any other Digital Sign shall be 200 feet. d. Digital Sign Copy. Digital sign copy is permitted to occupy up to 75 percent of maximum allowable monument sign area, subject to an approved Sign Permit or Comprehensive Sign Program. e. Setback. Monument Signs shall be set back a minimum of five feet from any property line, unless otherwise specified in this Chapter. f. Either Monument or Pylon as Primary Sign Type. Properties with less than 600 feet of street frontage shall be permitted to have either one Monument Sign or one Pylon Sign as the primary signage, but not both. Properties with more than 600 feet of street frontage shall be permitted to have one Pylon or Monument sign per 600 feet of street frontage. g. Landscaping Required. All Monument Signs shall be located within the required landscaped setback or a landscaped planting bed, unless this requirement is waived through review by the Community and Economic Development Director based on site-specific conditions. III-19.22-27 May 2020 SIGN REGULATIONS 19.22 5. Projecting Signs. Projecting Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Projection from Wall. Projecting Signs shall project no more than four feet from the face of the building wall upon which the sign is mounted. b. Projection into Public Right-of-way. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. c. Vertical clearance. A minimum vertical clearance of eight feet from the bottom of the Suspended Sign to finished grade shall be maintained. 6. Pylon Signs. Pylon Signs are permitted pursuant to Section 19.22.070(A) Tables 22.04 and 22.05. a. Minimum Street Frontage. A minimum street front of 100 feet is required for establishment of a pylon sign. b. Minimum Separation. Pylon Signs shall have a minimum separation of 50 feet from any other Pylon Sign on an adjacent property. c. Digital Sign Minimum Separation. Where a Pylon Sign includes a Digital Sign, the minimum radial distance to any other Digital Sign shall be 200 feet. d. Digital Sign Copy. Digital sign copy is permitted to occupy up to 75 percent of maximum allowable pylon sign area, subject to an approved Sign Permit or Comprehensive Sign Program. e. Setback. Pylon Signs shall be set back a minimum of 5 feet from any property line, unless otherwise specified in this Chapter. f. Either Monument or Pylon as Primary Sign Type. Properties with less than 600 feet of street frontage shall be permitted to have either one Monument Sign or one Pylon Sign as the primary signage, but not both. Properties with more than 600 feet of street frontage shall be permitted to have one Pylon or Monument sign per 600 feet of street frontage. g. Landscaping Required. All Pylon Signs shall be located within the required landscaped setback or a landscaped planting bed, unless this requirement is waived through review by the Community and Economic Development Director based on site-specific conditions. h. Vertical Clearance. A minimum vertical clearance of 14 feet is required for Pylon Signs projecting over vehicular passageways. A minimum vertical clearance of eight feet is required for Pylon Signs projecting over pedestrian passageways. III-19.22-28 May 2020 SIGN REGULATIONS 19.22 i. Multiple Tenants. A Pylon Sign for a multiple tenant site shall have no more than eight separate sign areas. Figure 22.09: Multiple Tenant Pylon Signs 7. Suspended Signs. Suspended Signs are permitted pursuant to Section 19.22.020(C)(2) Table 22.01. a. Location. Suspended Signs shall be limited to building frontages on the ground floor of non-residential buildings. b. Illumination. Suspended Signs may be externally or internally illuminated but shall not be Digital Signs. c. Vertical clearance. A minimum vertical clearance of eight feet from the bottom of the Suspended Sign to finished grade shall be maintained. d. Projection into Public Right-of-way. Any encroachment into City right-of-way is subject to City Engineer approval and requires a City Encroachment Permit. 8. Wall Signs. Wall Signs are permitted pursuant to Section 19.22.070(A) Tables 22.03, 22.04, 22.05, and 22.06. a. Placement. (1) No Wall Sign shall cover, wholly or partially, any wall opening. (2) Unless a different orientation is specifically authorized, each wall-mounted sign shall be placed flat against the wall of the building. b. Cumulative Wall Sign Area. In Commercial Zones, there is no limit on the number of Wall Signs. However, the combined area of all Wall Signs shall cumulatively comply with maximum size requirements. III-19.22-29 May 2020 SIGN REGULATIONS 19.22 c. Roof Signs in Lieu of Wall Signs. Where a Roof Sign is permitted due to a lack of available building mansard for a sign, such Roof Signs allowable area shall be equivalent to the allowed sign area for WallSigns. 9. Window Signs. Window Signs are permitted pursuant to Section 19.22.020(C)(2) Table 22.01. a. Location. Window Signs shall not be allowed on windows located above the second story. b. Window Sign Location. Signs shall be placed so that law enforcement and public safety personnel have a clear and unobstructed view of the interior of the establishment, including cash registers. Signage inside the building shall not be allowed within three feet of the window. c. Perforated and/or Transparent Window Signs. Perforated and/or transparent Window Signs may be excluded from window sign size calculations subject to review and approval by the Community and Economic Development Director and the determination that such signs are placed so that law enforcement and public safety personnel have a clear and unobstructed view of the interior of the establishment, including cash registers. d. Digital Window Signs Prohibited. Digital Window Signs are not permitted, including any such signs placed within 10 feet of the window. C. Signage Allowances for Specific Uses. This Section establishes signage allowances for specific uses. 1. Drive-Through Establishments. In addition to the signs allowed in Section 19.22.070(A), businesses with drive-through(s) shall be allowed the following signs, subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. a. Number and Size. Two additional freestanding Menu Board signs are permitted for each establishment with a drive-through, not exceeding 32 square feet apiece (or not to exceed a combined 64 square feet). b. Height. Freestanding menu board signs shall not exceed eight feet in height. The freestanding menu board sign structure may extend above the sign height limit if: (1) The sign structure is separately constructed from the cabinet or face of the sign; (2) The portion above the cabinet or face does not contain any copy; and (3) The extension adds architectural embellishments to the sign. 2. Service Stations. In addition to the signs allowed in Section 19.22.070(A), service stations shall be allowed the following sign area and sign types subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. III-19.22-30 May 2020 SIGN REGULATIONS 19.22 a. Service Island Signs. Additional incidental signs are allowed up to a maximum of two pereach service island,with each suchsign not exceeding three square feet. b. Service Station Canopy Signs. Signs on service station canopies shall not exceed 50 square feet on each side. Figure 22.10: Service Station Canopy Signs 3. Theaters. In addition to the signs allowed in Section 19.22.070(A), theaters shall be allowed the following additional signs subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. a. Sign Type and Number. Developments containing theaters are allowed one additional Pylon Sign or Monument Sign with changeable copy (digital or manual) with a maximum size of 80 square feet. Such sign shall comply with height requirements for Pylon Signs and Monument Signs as listed in Table 22.04. b. Special Advertisements. Glass encasements for special advertisements shall be allowed to be affixed to the primary building. Encasements shall not exceed a width of three feet or a height of four feet, the number of which shall be approved by the Community and Economic Development Director via the Sign Permit or Comprehensive Sign Program process. 4. Non-Residential Uses within Freeway Corridor Overlay Zone. In addition to the signs allowed in Section 19.22.070(A), non-residential uses located within the Freeway Corridor Overlay (FC) zone shall be allowed the following additional sign area or sign types subject to the issuance of a Sign Permit or approval of a Comprehensive Sign Program. a. Freeway Frontage of more than 100 feet - Maximum Sign Area. (1) For single tenant sites with at least 100 feet of freeway frontage, one Freeway- Oriented Sign of up to 200 square feet is permitted. (2) For multiple tenant sites with at least 100 feet of freeway frontage, one Freeway-Oriented Sign of up to 100 square feet per anchor tenant is permitted. III-19.22-31 May 2020 SIGN REGULATIONS 19.22 b. Freeway Frontage of more than 1,000 feet - Maximum Sign Area. For sites over five acres in size with more than 1,000 feet of freeway frontage, two Freeway- Oriented Signs of up to 100 square feet peranchortenantwith up to eight sign areas each are permitted. These signs shall not be placed closer than 600 feet of each other. c. Sign Type. Freeway-Oriented Signs may be Pylon Signs or Wall Signs. Freeway- Oriented Wall Signs are permitted only on buildings fronting the freeway. d. Height. Sign height shall not exceed 50 feet above freeway grade. Sign height may be allowed to exceed this height limit if a flag test approved by the City of San Bernardino determines that a sign of lower height would be partially or wholly obscured but shall in no case shall sign height exceed 75 feet above freeway grade. e. Setback. Freeway-Oriented Pylon Signs shall be set back at least five feet from any property line. f. Orientation. Freeway-Oriented Signs shall be oriented toward the adjacent freeway. A Freeway-Oriented Sign shall be considered oriented to a freeway where the sign face makes an interior angle of more than 30 degrees to the freeway. g. Tree Replacement. Any tree that is removed to accommodate the installation of any sign shall be replaced with a minimum 48-inch box tree at a location approved by the Community and Economic Development Director. h. General Advertising Prohibited. Freeway-Oriented Signs shall not be used for general advertising (billboards). i. California Department of Transportation (Caltrans) Compliance. All Freeway- Oriented Signs shall comply with the California Outdoor Advertising Act, Business and Professions Code Section 5200, or as subsequently revised, and shall be referred to Caltrans as appropriate for comment prior to Community and Economic Development Director review of the application for a Sign Permit or Comprehensive Sign Program. D. General Standards for Permanent Signs in all Zones. 1. Properties with Limited or No Street Frontage. In any circumstance where a property has no street frontage or less than 20 feet of street frontage (for example, as a flag lot), signage shall be allowed on an adjacent property with the same zone as the subject property, subject to approval of a Comprehensive Sign Program and with the written permission of the property owner on whose property the sign is to be erected. 2. Signage Allowed for Each Establishment. Each establishment in a non-residential zone may have at least one Wall Sign for each frontage, one Window Sign or door sign for each entrance, and one Suspended Sign, subject to compliance with the requirements of this Chapter. III-19.22-32 May 2020 SIGN REGULATIONS 19.22 19.22.080 TEMPORARY SIGNS All Temporary Signs shall comply with the standards provided in this Section. A Temporary Sign Permit shall be obtained from the Community and Economic Development Department prior to the display of Temporary Signs, unless specified in Section 19.22.020(C). A. Purpose. In addition to Section 19.22.010, the purpose of this Section is to ensure that Temporary Signs do not create a distraction to the traveling public by limiting the proliferation of Temporary Signs and eliminating aesthetic blight and litter that are detrimental to the publics health, safety, and welfare. B. General Standards for All Temporary Signs. 1. Temporary Sign Content Neutrality. All regulations and standards in this Section are to be exercised in light of the Citys content neutrality policy. These provisions are not intended to limit, censor, or restrict free speech. 2. Number. The maximum number of Temporary Signs that may be displayed at the same time is subject to compliance with the applicable requirements of this Section. The number and area of Temporary Signs shall not be included in the calculation of aggregate permanent sign area. 3. Materials and Maintenance. a. Temporary exterior signs shall be made of durable, weather-resistant material. Only interior window signs may be made of nonrigid (e.g., paper) material. b. Temporary Signs shall be well maintained consistent with Section 19.22.030(H). 4. Illumination Prohibited. Temporary signs shall not be illuminated. 5. Sign Placement. a. Temporary Signs are allowed on private property only subject to permission of the property owner. b. Temporary Signs shall not be placed in any public right-of-way except in compliance with Section 19.22.120. c. Temporary Signs shall only be placed where Permanent Signs are allowed. 6. Removal of Signs. Temporary Signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. C. Temporary Sign Standards for Non-Residential Zones. Temporary Signs in non-residential zones (including Commercial, Downtown, Industrial, Public, and Quasi-Public Zones) are allowed as provided in Table 22.07. The signs in Table 22.07 are allowed in any combination unless otherwise noted in this Section; however, businesses shall not display more than three Temporary Signs (excluding window signs) at any one time. III-19.22-33 May 2020 SIGN REGULATIONS 19.22 Table 22.07 Temporary Sign Standards for Non-Residential Zones Maximum Maximum Sign Maximum Sign Sign Type Additional Requirements Number Area Height b.Banner Signs1 per business 30 sf or 10% of N/A Section 19.22.080(D)(1) frontagebusiness For the purposes of calculating frontage on allowed banner sign area, the which banner height of a business frontage shall is placed, be eight feet regardless of existing whichever is conditions greater c. Yard Signs 1 per business 12 sf (lots < 1 6 ft (lots < 1 Section 19.22.080(D)(2) frontage acre) acre) 1 sign per street frontage acre) acre) d.Inflatable Signs 1 per business Per temporary Per temporary Section 19.22.080(D)(3) frontage event permit event permit e. Feather Signs and One flag per 20 12 sf 10 ft Section 19.22.080(D)(4) Pennants linear feet of street frontage f. Portable Temporary Signs 1 per business 6 sf 6 ft Section 19.22.080(D)(5) frontage Permitted only in the Main Street Overlay Zone D. Standards by Temporary Sign Type. 1. Banner Signs and Pennants. Businesses and institutions may exhibit Banner Signs and/or Pennants related to an activity or event having a specific duration, or the end of which is related to a specific action. a. Installation. Banner Signs and Pennants shall be affixed to a permanent structure or fence (i.e., cannot be freestanding, such as mounted on temporary posts or affixed to trees). b. Duration. A Banner Sign or Pennant may be displayed for no longer than 90 consecutive days, twice per calendar year. A minimum of 30 days is required between the two 90-day display periods. c. Projection. Banner Signs and Pennants shall not project above the edge of the roof of a structure. d. Materials and Maintenance. Banner Signs and Pennants shall be professionally crafted and well-maintained (not torn, bent, faded, or dirty). Banner Signs shall be securely affixed at all corners. 2. Yard Signs. Businesses and institutions may exhibit Yard Signs related to an activity or event having a specific duration, or the end of which is related to a specific action. a. Setback. Yard Signs shall maintain a minimum one-foot setback from any property line. b. Location. Yard Signs shall be located outside of public rights-of-way, within a landscaped area. III-19.22-34 May 2020 SIGN REGULATIONS 19.22 c. Installation. Yard Signs shall be installed securely in the ground. d.Duration. A Yard Sign may be displayed for no longer than 90 consecutive days, twice per calendar year. A minimum of 30 days is required between the two 90-day display periods. 3. Inflatable Signs. Businesses and institutions may exhibit Inflatable Signs related to a temporary activity or event only for which a temporary event permit was approved. a. Setback. Inflatable Signs shall maintain a minimum five-foot setback from any property line. b. Location. Inflatable Signs shall not be placed in the public right-of-way. Inflatable Signs may be located on within required setbacks or elsewhere on the property. c. Installation. Inflatable Signs shall be installed securely in the ground or affixed to a structure. d. Duration. Inflatable Signs may be displayed for no longer than 30 consecutive days, no more than twice per rolling calendar year, and may not be displayed within 30 days following the prior activity or event for which an Inflatable Sign was displayed. 4. Feather Signs. Businesses and institutions may exhibit Feather Signs related to an activity or event having a specific duration, or the end of which is related to a specific action. a. Materials. Acceptable materials for Feather Signs include vinyl, nylon reinforced vinyl, polyethylene or polyester-like materials, durable fabric or similar materials. b. Location. Feather Signs shall not interfere with either pedestrian or vehicular sight distance, any view corridor or obstruct views to any existing business or existing permanent sign. c. Duration. Feather Signs are permitted during the hours a business is open for business and one-half hour before opening and one-half hour after closing. Feather Signs shall be removed during hours when the establishment is not open to the public. 5. Portable Temporary Signs in Main Street Overlay Zone. a. Location. A Portable Sign may be located on private property or in the public right- of-way with an approved encroachment permit. Portable Signs are allowed in the City right-of-way in the Main Street Overlay Zone with an Encroachment Permit, provided the sign does not interfere with vehicular or pedestrian movement or wheelchair access to, through, and around the parcel on which the sign is located, or create traffic hazards. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public. b. Duration. Portable Signs are permitted during the hours a business is open for business and one-half hour before opening and one-half hour after closing. Portable Signs shall be removed during hours when the establishment is not open to the public. III-19.22-35 May 2020 SIGN REGULATIONS 19.22 c. Materials and Maintenance. Portable Temporary Signs shall be professionally crafted and constructed of durable, weather-resistant materials (not subject to damage orfadingfromweather),andbeofsufficientweightanddurabilitytowithstandwind gusts, storms, etc. d. Indemnification. The placement of a Portable Sign in the City right-of-way requires the business, person, or entity responsible for placing the sign to indemnify and hold harmless the City from any action or expense that may occur as a result of a Portable Sign being located on any sidewalk or City right-of-way, satisfactory to the City Attorney. The Encroachment Permit shall not be issued until the City Attorney has determined that this requirement has been complied with. Portable Signs for any business that fails to indemnify the City shall be deemed illegal, nonconforming, and shall be removed. 6. Temporary Residential Subdivision Signs. Temporary Residential Subdivision Signs are permitted in single-family residential zoning districts for each builder in a recorded subdivision plat only in conjunction with a valid building permit. For the purposes of this Subsection, a residential subdivision is defined as a housing project within a recorded tract where five or more structures or dwelling units are concurrently undergoing construction. a. Size. Temporary residential subdivision signs shall not exceed 100 square feet or two square feet of sign area for each lot with a dwelling unit to a maximum of 200 square feet. No single sign may be larger than 100 square feet and eight feet in height and shall be set back at least 10 feet from any property line (or five feet if the sign area is less than 32 square feet). b. Separation. No temporary residential subdivision sign structure shall be located less than 300 feet from an existing or previously approved temporary residential subdivision sign structure, except in the case of signs on different corners of an intersection. c. Location. All temporary residential subdivision signs shall be placed on private property with written consent of the property owner or on City right-of-way pursuant to a City encroachment permit. d. Location Plan. A temporary residential subdivision sign location plan shall be prepared, showing the site of each sign, including any secondary signage, and shall be approved by the Community and Economic Development Director prior to the issuance of a Sign Permit. The placement of each temporary residential subdivision sign structure shall be reviewed and approved by the Community and Economic Development Director. e. Additions. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the temporary residential subdivision signs as originally approved, and no other non-permitted signs, such as posters or trailer signs, may be used. III-19.22-36 May 2020 SIGN REGULATIONS 19.22 f. Removal. Temporary residential subdivision signs shall be removed when the subdivision is sold out. The entity administering the program will be responsible for removal of panels and structures no longerneeded. 7. Temporary Signs during Elections and on Residential Property. See Section 19.22.020(C)(2) for regulations pertaining to Temporary Signs located on residential property during elections and during times when a residential activity is occurring, such as a yard sale or a property is advertised for sale, rent, or lease. 19.22.090 GENERAL ADVERTISING SIGNS (BILLBOARDS) A. General Prohibition. General Advertising Signs (billboards) are prohibited in all zones unless authorized by this Section in connection with the relocation of an existing legally established nonconforming billboard or in connection with the conversion of an existing static (non-digital) General Advertising Sign to digital General Advertising Sign. B. Applicability. Any legal nonconforming General Advertising Sign may be considered as a candidate for relocation approval. Such General Advertising Signs may be relocated to a new site or relocated on the present site only in accordance with this Section. C. Required Permits and Agreements. 1. Billboard Relocation/Conversion Agreement and Conditional Use Permit Required. The relocation or conversion of existing static General Advertising Signs to digital General Advertising Signs, or any modification to an existing General Advertising Sign, shall be subject to an approved Billboard Relocation/Conversion Agreement and Conditional Use Permit. 2. Billboard Relocation/Conversion Agreement Parameters. The Billboard Relocation/Conversion Agreement shall include, but is not limited to, standards to regulate the following: sign size, relocation or replacement provisions, and may include a revenue-sharing provision. 3. Lease or License Agreement. Construction and installation of General Advertising Signs on property owned by the City of San Bernardino or its related agencies may be accomplished by lease or license in lieu of a Billboard Relocation/Conversion Agreement, and any reference to a development agreement in this Chapter shall include leases or licenses on such properties. D. Removal Requirement. In exchange for the right to locate one new replacement General Advertising Sign at a new site, or to modify characteristics of an existing legally established General Advertising Sign, such as sign area, height, and/or type, the following removal requirements apply: 1. Existing Sign Removal Prior to New Sign Installation. Any existing legally established General Advertising Sign shall be removed prior to the installation of an authorized replacement General Advertising Sign. III-19.22-37 May 2020 SIGN REGULATIONS 19.22 2. Number of Signs Required for Removal. Upon agreement between the sign owner and the City, the sign owner shall abandon a minimum of six legally nonconforming static General Advertising Signfaces and replace them with onenew digital General Advertising Sign face, subject to the provisions of this Chapter. E. Replacement of General Advertising Signs on the Same Site Without Modifications. An existing legally established General Advertising Sign may be replaced on the same site with another General Advertising Sign as a like-for- (i.e., same size, height, number of faces, and type). F. Development Standards. 1. Location. A replacement or relocated General Advertising Sign shall be located on either: a. City-owned property; or b. Property in the CG, CR, IL, or IH zones that is within 200 feet of the outer edge of the I-10 freeway, I-215 freeway, and SR-210 freeway rights-of-way. 2. Size. The replacement sign area shall not exceed the sign area of the existing sign to be replaced, and in no event shall a replacement sign contain greater than 672 square feet of advertising sign area. 3. Static-Display Spacing Requirements. Spacing between static-display General Advertising Signs shall be: a. Up to 100 square feet of sign face: 300 linear feet b. Up to 300 square feet of sign face: 400 linear feet c. Up to 672 square feet of sign face: 600 linear feet 4. Digital Sign Spacing Requirements. Digital General Advertising Signs shall be placed no closer than 1,000 feet from another Digital Sign (either general advertising or on-site) on the same side of the freeway or street. 5. Height. The height of each digital General Advertising Sign shall be limited to 50 feet above the grade of the adjacent street or freeway grade, as applicable, unless the applicant can demonstrate by a flag test or other means approved by the Community and Economic Development Director that clearly demonstrates greater height is needed for visibility. 6. Brightness. Digital General Advertising Signs shall comply with Section 19.22.070(B)(3). III-19.22-38 May 2020 SIGN REGULATIONS 19.22 19.22.100 NONCONFORMING SIGNS Any nonconforming sign in the City of San Bernardino is subject to the provisions of Chapter 19.62, and the following: A.Continuanceand Maintenance.NonconformingSigns that were legal when first installed, and which have not been modified so as to become illegal, may be continued, except as otherwise provided in this Section. 1. Nonconformity. Nonconforming Signs may be continued and shall be maintained in good condition as required by Section 19.22.030(H), including reasonable and routine maintenance and repairs, provided there is no expansion of any nonconformity with the current requirements of this Chapter. 2. No Change to Physical Structure. Sign copy and face changes, nonstructural modifications, and nonstructural maintenance (e.g., painting and rust removal) are allowed so long as there is no alteration to the physical structure or support elements of the sign. 3. Illegal Signs. A sign that did not conform to law existing at the time of its erection shall be deemed an Illegal Sign and shall not be a Nonconforming Sign. The passage of time does not cure illegality from the outset. B. Alterations and Additions to Nonconforming Signs. No Nonconforming Sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination or substantial reduction of the signs nonconforming features, unless otherwise allowed by an approved Iconic Sign Permit. C. Abandonment of Nonconforming Sign. Whenever a Nonconforming Sign has been abandoned or the use of the property on which the sign is located has been discontinued for a continuous period of 24 months, the Nonconforming Sign shall be removed as provided for in State law and Section 19.22.110 of this Chapter. D. Restoration of a Damaged Nonconforming Sign. Whenever a Nonconforming Sign that is not an approved Iconic Sign is destroyed by any cause other than intentional vandalism, such sign may be only be restored, reconstructed, altered, or repaired in conformance with the provisions of this Chapter. Whenever a Nonconforming Sign that is an approved Iconic Sign is destroyed by any cause, the Iconic Sign may be restored to display the pre-existing sign area, and the nonconforming use of the sign may be resumed, provided that restoration is started within one year of the date that the damage occurred, restoration is diligently pursued to completion, and the height of the restored sign conforms to the standards of this Chapter. E. Building Façade Modification. If a Development Permit is issued for modifications to the exterior of a building façade, any nonconforming building signs on the façade undergoing modification shall be brought into full conformance with the provisions of this Chapter prior to approval for final occupancy. F. Building Demolition. All Nonconforming Freestanding Signs shall be demolished or removed when the building on which they are located or associated with is demolished. III-19.22-39 May 2020 SIGN REGULATIONS 19.22 G. Iconic Signs. Signs with an approved Iconic Sign Permit are not subject to the requirements of this Section 19.22.100, but shall comply with Section 19.22.060(E)(4). H. Exceptions. 1. Business and Professions Code. Notwithstanding any other provision of this Section, this Section shall not apply to any sign that may not be removed pursuant to the provisions of Business and Professions Code Section 5412.5 but only during the period of time that Business and Professions Code Section 5412.5 remains in force and effect. 2. Nonconforming Sign Modification Permits. Notwithstanding any other provision of this Section, any Nonconforming Sign that has not been abandoned and is nonconforming only because of the zone in which it is located may apply for a Nonconforming Sign Modification Permit. 19.22.110 ENFORCEMENT A. General Enforcement Procedures. It shall be unlawful to erect, construct, enlarge, alter, repair, display, or use a sign within the City of San Bernardino that is contrary to, or in violation of, any provision of this Chapter. The requirements of this Chapter shall be enforced in compliance with the applicable provisions of Chapter 19.46. In addition to any administrative, criminal, nuisance, or other enforcement procedure, the City of San Bernardino may withhold the issuance of Business Licenses, Building Permits, Grading Permits, Certificates of Occupancy, and other land use entitlements and may issue stop work orders for a development project failing to comply with the provisions of this Chapter. B. Removal of Illegal Signs. Any Illegal Sign shall be removed by the property owner within 15 days after notice via a Notice of Violation from the Community and Economic Development Department. C. Abandoned Signs. 1. Public Nuisance. Any Abandoned Sign or Illegal Sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of San Bernardino. Any sign which is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety, and welfare of the citizens of San Bernardino. Any such sign as set forth herein is hereby deemed to be a public nuisance. 2. Removal. Any Abandoned Sign deemed to be a public nuisance shall be removed by the property owner within 30 days after notice via a Notice of Violation from the Community and Economic Development Department. D. Illegal and Abandoned Sign Appeals. Within the 15 days after a Notice of Violation from the Community and Economic Development Department is mailed, the property owner may request a hearing before the Hearing Officer on the illegal sign determination in compliance with the provisions of Chapter 9.94. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of an Illegal Sign. If no hearing is requested, if the appeal has been denied, and/or there is no correction to the violation, the Community and Economic Development Department will abate the violation. Costs of such abatement may be assessed against the property, using the procedures established in Chapter 8.30. III-19.22-40 May 2020 SIGN REGULATIONS 19.22 19.22.120 SIGNS ON PUBLIC PROPERTY A. Intent as to Public Forum. As it relates to the placing of signage on public property, the City declares its intent that all public property in the City shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. B. Private Party Signs Generally Banned. Except as expressly allowed by a provision of this Chapter, or another provision of law, private parties may not display or post signs on public property or in the public right-of-way. C. Signs That Are Exempt from the General Ban. The following signs are exempted from the general ban: 1. Traffic control and traffic directional signs erected by a governmental unit 2. Official notices required by law 3. Signs placed by the City 4. Signs that have received an encroachment permit and are located in the Main Street Overlay Zone D. Authorized Signs on Public Properties and Structures. Private advertising signs may be placed on structures in the public right-of-way, such as bus shelters, if there is a licensing agreement approved by the Mayor and City Council authorizing such General Advertising Signs on public property. An application for a Sign Permit must be approved prior to the construction of General Advertising Signs on public property, and the applicant and the owner of the sign shall comply with the provisions of Section 19.22.030(F) and Section 19.22.030(H). E. Temporary Political, Religious, Labor Protest and Other Noncommercial Signs in Traditional Public Forum Areas. In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display noncommercial message signs thereon, provided that their sign displayed on public property conforms to all of the following: 1. Personally Attended. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within 15 feet of the sign at all times. 2. Size. a. The maximum aggregate size of all signs held by a single person is 12 square feet. b. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet. 3. Balloons. The displayed signs may not be inflatable or air activated. III-19.22-41 May 2020 SIGN REGULATIONS 19.22 4. Pedestrian and Vehicle Clearance. In order to serve the Citys interests in traffic flow and safety, persons displaying signs under this Section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give clearance for pedestrians to pass by. F. Enforcement. Any sign posted on public property or the public right-of-way in violation of the provisions of this Chapter is declared to be a trespass and a public nuisance, may be summarily removed by the City of San Bernardino without notice, and the persons or parties responsible for such unauthorized posting may be charged with the City of San Bernardinos actual costs of removal. In addition, any violation of this Chapter may be enforced or punished in any manner prescribed by law, including the applicable provisions of Chapter 19.46. G. Encroachment. Any sign proposed to project into the public right-of-way, or into public property, shall require an encroachment permit. H. Street Banner Permit. Refer to Chapter 16.16. 19.22.130 DEFINITIONS For purposes of this Chapter, the following definitions shall apply: A-Frame Sign: A Freestanding Portable Sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar A and which is readily movable and not permanently attached to the ground or any structure. May also be referred to as a sandwich board sign. Other variations of such signage may also be in the shape of the letter T (inverted) or the letter H. Abandoned Sign: Any lawfully erected sign, sign structure, advertising structure, or display that is not operated or maintained for a period of two years or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (1) the sign displays advertising for a product of service that is no longer available; (2) the sign displays advertising for a business that is no longer licensed; (3) the sign advertises a business that is no longer doing business on the parcel where the sign is located; (4) the sign has a purpose for which the purpose has lapsed; or (3) the sign is blank. An Abandoned Sign is deemed to be a public nuisance. Alter; Alteration: Any change in the weight, depth, height, area, thickness, materials, location, or type of display of an existing sign but shall not be construed to prevent normal or periodic maintenance, upkeep, or repair of a sign or change of copy (e.g., repainting). Awning Sign: Any sign that is painted or applied to the face, valance, or side panel of a projecting structure consisting of a frame and a material covering, attached to and wholly supported by a building wall and installed over and partially in front of doors, windows, or other openings in a building. III-19.22-42 May 2020 SIGN REGULATIONS 19.22 Balloon: See Inflatable Sign. Banner Sign or Banner: A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. This sign type does not include flags (see Bench Sign: A temporary sign message located on the seat or backrest of a bench or seat placed on or adjacent to a public right-of-way. Billboard: See Blade Sign: See Building Façade: An exterior side of a building, generally set facing a street. Refers to the side of a building to which a sign is attached. Building-Mounted Sign: A sign that is applied or attached to a building. See Business Frontage: See Frontage, Business Cabinet Sign: A type of sign that contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. Such sign structures typically use slide-in panels to display the message to the public. Canopy: A permanent roof-like structure of rigid materials extending from the main entrance of a structure and is typically supported by posts at the corners farthest from where the canopy attaches to the structure. See also Canopy, Service Station: A roof-like structure, typically consisting of supporting columns, at a service station that covers the service islands and surrounding fueling area. Canopy Sign: A sign that meets any one or more of these criteria: (1) a sign mounted on a permanent canopy; (2) a traditional industry term for the variable message portion of a Canopy Sign; and/or (3) an integral sign and permanent canopy. See Figure 22.08. Change of Copy: Changing of the face or letters on a sign. Changeable Copy: Sign copy designed to be used with removable graphics which will allow changing of copy. Channel Letters. Three-dimensional individual letters or figures, with an open back or front, illuminated or non-illuminated, that are affixed to a building or to a Freestanding Sign structure. III-19.22-43 May 2020 SIGN REGULATIONS 19.22 Commercial Message: Message concerning primarily a proposed economic transaction or the economic interests of the sign sponsor or audience. Commercial Mascot: A person or animal attired or decorated with commercial insignia, images, costumes, masks or symbols, and/or holding signs displaying commercial messages, when the principal purpose is to draw attention to or advertise a commercial enterprise. This definition includes human sandwich simulate living persons or animals, are also included in this definition. Conforming Sign: A sign that is legally installed in accordance with federal, state, and local permit requirements and laws. Content Neutral Time, Place, and Manner Regulations: Consistently applicable, non- discriminatory sign regulations that specifywithout reference to the content of the message when, how, and where a sign can be displayed, with physical standards such as but not limited to height, size, and location, that allow the sign to be readable. Contrast: The difference or degree of difference between things having similar or comparable natures, such as light and dark areas, colors, or typefaces. Copy: The message or content of a sign, which may include letters, numbers, figures, and/or images. Digital Sign: A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs generally include displays using LEDs (light emitting diodes), CCDs (charge coupled devices), plasma, or functionally equivalent technologies to display a series of still images or full motion, usually remotely programmable and changeable. Also known as electronic message centers. Display Area: See Sign Area. Display, Digital: The sign area portion of a Digital Sign, as defined in this Chapter. Display, Static: The sign area portion of a non-digital sign, where there is no electronic means of changing copy. Double-Sided Sign: A sign constructed to display its message on two parallel opposing (back-to- back) faces. Driveway/Onsite Traffic Directional Sign: A sign located adjacent to a pedestrian or vehicle travel way that is internal to a site or complex, intended to provide orientation and safety assistance. Electronic Message Center: See Electric Sign: Any sign containing or using electrical wiring. Externally Illuminated Sign: A sign that is illuminated by a light source that is located on the exterior of the sign or nearby and directed toward, and shines on the face of a sign. III-19.22-44 May 2020 SIGN REGULATIONS 19.22 Eave Line: The bottom of the roof eave or parapet. Face: The surface area on a sign where advertising copy is displayed. Feather Sign: A Temporary Sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material, typically taller than it is longer, and supported by a single vertical pole mounted into the ground or on a portable structure. This sign type does not include flags (see Flag: A fabric sheet of square, rectangular, or triangular shape that is mounted on a pole. This sign type includes official flags of national, state, or local governments. This sign type does not include feather signs (see Feather SignPennants (see Pennants Flashing Sign: A sign that contains an intermittent or sequential flashing light source. Generally, the signs message is constantly repeated, and the sign is most often used as a primary attention-getting device. Freestanding Sign: A sign that is supported by one or more uprights, braces, poles, or other similar structural components that is not attached to a building or buildings. Freeway: The Interstate 10 (I-10), Interstate 215 (I-215), Interstate 210 (I-210), State Route 330 (SR- 330), and State Route 259 (SR-259) rights-of-way within the boundaries of the City of San Bernardino. Freeway-Oriented Sign: Any sign either freestanding or mounted to the primary wall(s) or façade of a building facing the freeway with no other building located in the visibility window between the subject building and the freeway. Frontage, Building. That portion of a face of a building or length of a lot that is parallel to, or is at a near parallel angle to a public street or public parking area. For a building on a corner lot, the combined lengths of the sides of the building abutting or generally parallel to the front and corner side lot lines. See Also Frontage, III-19.22-45 May 2020 SIGN REGULATIONS 19.22 Frontage, Primary. That face of a building that is the longest elevation if user is facing the street, and/or the elevation where the principal entrance is located. See Figure 22.05. Frontage, Secondary. Where a property has two or more street frontages, that face of a building that is not the longest elevation if user is facing the street, and/or the elevation parallel to a public street or parking lot where secondary entrance(s) are located. See Figure 22.05. Frontage, Business: The width of a building occupied by a single business tenant that fronts on a public street or faces a plaza, courtyard, pedestrian corridor or walkway, parking lot, or alley, where customer access to the building is available. Width is measured as the widest point on an architectural elevation. Frontage, Lot. That part of a lot or parcel abutting a street. Frontage, Street. The total length of all lot lines abutting streets. Ft. Abbreviation of feet. General Advertising: The enterprise of advertising or promoting other businesses or causes, in contrast to self-promotion or on-site advertising; also known as advertising for hire.General General Advertising Sign: A Permanent Sign in a fixed position that meets any one or more of these criteria: 1) the sign is routinely used for general advertising for hire; 2) the sign is used to display commercial advertising for a business not located on the same premises as the sign; 3) the sign is a separate economic unit, not an accessory or auxiliary use serving the principal use on the land; and/or 4) the message display area is made available to message sponsors other than the owner. General Advertising SignGeneral Advertising Sign be referred to as Outdoor Advertising SignSections of the Municipal Code. See also General Advertising Sign, Mobile: Any sign or device placed on, mounted on, or affixed to a motor vehicle, freight, flatbed or storage trailer, or other conveyance. Mobile General Advertising Signs shall not include signs wrapped on a vehicle actively being used to load, transport or unload persons, goods, or services in the normal course of business. Height, Sign: The greatest vertical distance measured from the existing grade at the mid-point of the sign support(s) that intersect the ground to the highest element of the sign as described in Section 19.22.030(L)(1), unless otherwise specified in this Chapter. Iconic Sign: Any sign that has been officially designated as an Iconic Sign pursuant to Section 19.22.060(E), due to its historic or cultural significance. Illegal Sign: A sign that meets any one or more of these criteria: 1) a sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; 2) a sign which is a danger to the public or is unsafe; 3) a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City or County; and/or 4) a sign that is a public nuisance as defined under Chapter 8.30. III-19.22-46 May 2020 SIGN REGULATIONS 19.22 Illuminated: Signs or individual letters in which an artificial source of light is used to make the message readable and includes both internally and externally lit signs. In: Abbreviation of inches. Inflatable Sign: A sign that is an air-inflated object such as a balloon, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and either filled with or helium gas or equipped with a portable blower motor that provides a constant flow of air into the device. Internally Illuminated Sign: A sign that is illuminated by a light source contained inside the sign. LED: Light Emitting Diode. Legal Nonconforming Sign: A legally established sign which fails to conform to the regulations of this Chapter. Legibility: The characteristics of letters, numbers, graphics, or symbols that make it possible to differentiate one from the other. Lifestyle Graphic: An advertising display applied directly onto the exterior surface or window of a building which does not include words but does advertise the products or services located on premise. Painting directly onto the surface is the most common application method; however, a painted or printed vinyl substrate can also be applied to a wall surface, depending on the location. Logo: An established identifying symbol or mark associated with a business or business entity. Luminance: The perceived brightness of an illuminated sign, measured in foot-candles above the ambient light level. Major Neighborhood Entrance: An area proximate to the intersection of two streets, which creates the primary entryway(s) into a neighborhood officially recognized by the City of San Bernardino. Major Tenant: A shopping center key tenant(s), which serves to attract customers to the center through its size, product line, name, and/or reputation as determined by the center property owner/authorized property management. The term anchor tenant is interchangeable with the term major tenant. Mansard: A decorative fascia used to hide equipment or articles on the roof or to enhance the storefront appearance. Marquee: See Marquee Sign: See III-19.22-47 May 2020 SIGN REGULATIONS 19.22 Menu Board: A permanently installed sign with changeable copy (digital or manual) for the purpose of providing product and/or service information for drive-through service at a business where customers remain seated in a vehicle occupying a drive-through service lane. Message: See Mobile General Advertising Sign: An advertising display that is attached to a vehicle or any other mobile, non-motorized device, conveyance, or bicycle that carries, pulls, or transports a sign or billboard and traverses the public streets or is located in a parking area and is for the primary purpose of advertising or attracting attention. Monument Sign: A freestanding ground sign with low overall height and the appearance of having a solid base. See Freestanding Sign Mural: A picture or decoration that is applied directly to a wall, does not contain a commercial message (e.g., business logo or images of items for sale), and does not have any electrical or mechanical components. A mural is distinguishable from graffiti (see Chapter 8.69) based on the property owners permission to paint or affix the mural onto the property. Neon Sign: A sign illuminated by or utilizing neon tubing, and/or related inert gases, or products that produce the same or similar effect as neon, such as flexible light-emitting diode (LED) neon-like tubing which is visible to the viewer. Non-commercial Message: Debate or commentary on topics of public concern, for example, politics, religion, philosophy, science, art. Nonconforming Sign: Any Permanent Sign or Temporary Sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this Chapter 19.22. Off-Premise Sign: Any sign which advertises or informs in any manner businesses, services, or events at some location other than that upon which the sign is located, including Commercial Mascots. On-Premise Sign: A communication device whose message and design relates to a business, an event, goods, profession or service being conducted, sold or offered at the location where the sign is erected. All non-commercial signs are considered on-premise signs. Painted Wall Sign: A sign painted directly on a building surface. Parapet: A wall-like barrier at the edge of a roof or structure. Pedestal Sign. See Pylon Sign. III-19.22-48 May 2020 SIGN REGULATIONS 19.22 Pennant: A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands intended to flap in the wind. This sign type does not include flags (see People Sign: See Commercial Mascot. Permanent Sign: A sign constructed of durable materials and attached to a building, structure or the ground in a manner that will resist environmental loads such as wind, and precludes ready removal or movement of the sign, and intended to exist for the duration of time that the use or occupant is located on the premises. Placed: Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, affixed or made visible in any manner. Planning Commission: The Planning Commission of the City of San Bernardino. Pole Sign: An elevated Freestanding Sign that is supported by one or more exposed poles that are permanently attached directly into or upon the ground. Portable Sign: A sign that is not permanently affixed to a structure or the ground. Portable Signs generally include A-Frame structures or similar low profile signs. This definition does not include Feather Signs. Projecting Sign: A building-mounted sign with faces projecting from and perpendicular to the building fascia. Public Property: An area that is accessible to any member of the public. Includes land or other property in which the City of San Bernardino holds a present right of possession and control, city road easements, and all public rights-of-way, regardless of ownership. Public Nuisance: A sign, sign structure or advertising structure that meets any one or more of these criteria: 1) an attractive nuisance as defined under Municipal Code Section 8.30.015 or a nuisance declared under Section 8.30.020; 2) an abandoned sign as defined in Section 19.22.130; and/or 3) an illegal sign as defined in Section 19.22.130. Pylon Sign: A Freestanding Sign that is supported and in direct contact with the ground or one or more solid, monumental structures or pylons and which typically has a sign face with a vertical dimension that is greater than its horizontal dimension. See Figure 22.09. Regional Shopping Center: A shopping center with a gross site area of 20 acres or more. Commercial areas of a regional nature and auto malls may also be considered a regional shopping center for the purposes of this Chapter, subject to approval of a Sign Program. III-19.22-49 May 2020 SIGN REGULATIONS 19.22 Responsible Party. The person liable for placement of a sign. The following is a non-exclusive list of facts which when found to exist, shall constitute prima facie evidence that a person is a responsible party: A. Based on information contained on the sign, and information from other sources, the person is identified as the owner or lessee of property used for the activity or event, and/or is the sponsor or promoter of the activity or event described on the sign. B. Based on information that appears on the sign, and information from other sources, including but not limited to information establishing the individual or corporate identity of the owner of the sign, it is found that the person placed the sign or caused the sign to be placed. Review Authority: The individual or official City body (e.g., Economic and Community and Economic Development Director, Planning Commission, City Council) identified by this Chapter as having the responsibility and authority to review, approve, and deny a permit application. May also be referred to as Responsible Review Roof Sign: A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof, and which is wholly or partly supported by such buildings. Sign: A structure, device, figure, display, message placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, provide information in the nature of advertising, provide historical, cultural, archaeological, or social information, or direct or attract attention to an object, person, institution, business, product, service, event, policy, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. The following do not fall within the definition of a sign for the purposes of this Chapter. A. Architectural or decorative features of buildings (not including lettering, trademarks, or moving parts). B. Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of- way. C. Gravestones and grave markers. D. Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year (per parcel or use) and which do not include commercial advertising messages. E. Manufacturers' marks on tangible products that identify the maker, seller, provider, or product and which customarily remain attached to the product even after sale. F. Murals, painted or otherwise attached or adhered, with images or representation on the exterior of a structure that are visible from a public right-of-way or neighboring property; do not contain commercial advertisement (is noncommercial in nature); and are designed in a manner so as to serve as public art, enhance public space, and provide inspiration. III-19.22-50 May 2020 SIGN REGULATIONS 19.22 G. Colored or illuminated elements that contain no lettering, numbers, trademarks, or logos, and are located on a wall or canopy. H. News racks and newsstands. I. Merchandise on display and available for immediate purchase. J. Shopping carts. K. Symbols embedded in architecture such as symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones. L. Vehicle and vessel insignia as shown on street-legal vehicles and properly licensed watercraft including, but not limited to, license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising for hire), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. M. Vending machines that do not display off-site commercial messages or general advertising messages. Sign Area: See Section 19.22.030(L) (Rules for Sign Measurement), for specific rules for measuring the area of different sign types. Sign Band: A horizontal area above the entrances to a multiple tenant building, architecturally designed to accommodate signage in a sign-centric manner. Sign Budget: The total allowable sign area of all signs, including awning/canopy, driveway, monument/pylon, projecting, and wall signs, in a development using a Comprehensive Sign Program. Exempt and temporary signs are not included in the calculation of total allowable sign area. Sign Copy: All portions of a sign displaying a message, including text and symbols, but not including the supporting structure or base of a sign. Sign Face: The area of a sign on which copy is intended to be placed. Sign Program: A coordinated design plan of one or more signs for an individual business, a multiple tenant business center, or other site that specifies the number, size, description, and location of all signs located or to be located on the parcel or business site. Sign Twirler: See Commercial Mascot. Sf: Abbreviation of square feet. Single Face Sign: A sign with only one face plane. III-19.22-51 May 2020 SIGN REGULATIONS 19.22 Statuary Sign: Any sign which is a three-dimensional, sculptured, or molded representation of an animate or inanimate object that identifies, advertises, or otherwise directs attention to a product or business, but not including a three-dimensional sign that is affixed to a building. Street Banner: A street banner is defined as a banner extended over a public street or other public property, either on an established bridge or independently suspended. Street Frontage: The portion of the building or property which faces or abuts a street(s). Support Structure: The structural portion of a sign securing the sign to the ground, a building, or to another structure. Suspended Sign: A sign that is suspended from the underside of an eave, canopy, awning, arcade, or other covered walkway. Temporary Sign: A sign that is intended to be displayed for a definite and limited period of time and which is not permanently installed, affixed or maintained on a building or structure. Trademark: A word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business. Visibility: The quality of a letter, number, graphic, or symbol which enables the observer to distinguish it from its surrounds or background. Wall Sign: A sign painted on or attached to the exterior wall of a building or structure with the display surface of the sign approximately parallel to the building or structure wall. Wayfinding: Signage that enables a person to find his or her way to a given destination through the use of effective signage. Width, Sign: The measurement of a sign or base of a sign at its full extent from side to side. Window Area: The area within the perimeter window frames and glass doors located on a business frontage or street frontage. Window Sign: Any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure. Yard Sign: Any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners. III-19.22-52 May 2020 EXHIBIT B PROPERTY DEVELOPMENT STANDARDS 19.20 ARTICLE III GENERAL CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS SectionPage 19.20.010 Purpose .......................................................................................................... III-19.20-1 19.20.020 Applicability .................................................................................................. III-19.20-1 19.20.030 General Standards ......................................................................................... III-19.20-1 Tables 20.01 Fences, Walls, Hedges Height and Type Limits .......................................... III-19.20-8 19.20.010 PURPOSE These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development, consistent with the General Plan. 19.20.020 APPLICABILITY Any permit which authorizes new construction or modifications to an existing structure in excess of 25% of the structure floor area shall be subject to the standards set forth in this Chapter. 19.20.030 GENERAL STANDARDS No permit shall be approved unless it conforms to all of the following standards set forth in this Chapter: 1.Access16.Odor 2.Additional Height Restrictions17.Projections into Setbacks 3.Antennae, Satellite Dish and18.Public Street Improvements Telecommunications Facilities19.Radioactivity or Electrical Disturbance 4.Design Considerations20.Refuse Storage/Disposal 5.Dust and Dirt21.Screening 6.Environmental Resources/Constraints22.Signs, Off-Street Parking, Off-Street 7.Exterior Building/Structure WallsLoading, and Landscaping 8.Fences andWalls23.Solar Energy Design Standards 9.Fire Protection24.Storage 10.Fumes, Vapor, and Gases25.Toxic Substances and Wastes 11.Glare26.Traffic Safety Sight Area 12.Hazardous Materials27.Transportation Control Measures (TCM) 13.Height Determination (Buildings and Structures) 28.Undergrounding of Utilities 14.Lighting29.Vibration 15.Noise (MC 890 1/20/94; MC 1056 10/8/99) III-19.20-1 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 These standards apply to more than one zone, and therefore, are combined in this Chapter. Also, these standards are to be considered in conjunction with those standards and design guidelines located in the specific land use district chapters. 1.ACCESS Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement, or recorded reciprocal access agreement. 2.ADDITIONAL HEIGHT RESTRICTIONS Where the maximum permitted height of a new structure exceeds 35 feet, the following provisions shall apply: A.Enhanced buffering to surround properties and the appropriateness of understructure parking shall be evaluated. B.A visual analysis relating structure proportions, massing, height and setback shall be conducted to preserve and enhance the scenic viewshed. C.The need and appropriateness of the additional height shall be demonstrated. D.Compatibility and harmony with surrounding development, and land use designations shall be demonstrated. E.Above 35 feet, additional structural setbacks (step back) may be required. 3.ANTENNAS, SATELLITE DISHES AND TELECOMMUNICATIONS FACILITIES All antennas, telecommunications facilities, (monopoles) and satellite dishes shall be installed in the following manner, subject to the appropriate entitlement: (MC 1090 11/20/00; MC 1237 1/8/07) A.EXEMPTIONS The following installations in residential districts are exempt from the provisions of this section: 1.The installation of one (1) ground mounted satellite dish antenna in the rear yard which is less than 10.5 feet in diameter and less than 12 feet in height; 2.One (1) satellite dish antenna which is less than 24 inches in diameter may be installed on a building provided that such antenna does not extend above the eaveline of said building; 3.Residential single-pole or tower roof or ground mounted television, or amateur radio antennas where the boom of any active element of the array is 30 feet or less and the height does not exceed 75 feet. III-19.20-2 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 B. DIRECTOR REVIEW The following shall be reviewed by the Director, subject to a Development Permit: 1. Antennas up to a maximum of 15 feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rights-of-way. 2. Antennas that are architecturally integrated with a building or structure so as not to be recognized as an antenna, such as clock towers, carillon towers and signs. 3. Antennas mounted on other existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height. 4. Co-location of existing equipment on an existing City-approved support structure. 5. Modification of existing telecommunications facilities where the physical area of the reconfigured or altered antenna shall not exceed 15 percent of the original approval: a. Three (3) or more additional whip antenna (15 feet maximum height); b. The reconfiguration or alteration of existing antenna on a single support structure; c. Additional dishes up to 4 feet in diameter; d. Increased height of an existing antenna up to 75 feet. 6. Stand-alone monopoles camouflaged as palm trees, pine trees or other natural objects, within a grouping of similar natural objects. C. PLANNING COMMISSION REVIEW The following shall be reviewed by the Planning Commission, subject to a Conditional Use Permit: 1. Increased height of an existing, approved antenna that exceeds 75 feet in height. 2. New stand-alone monopoles that exceed 75 feet in height. 3. New ground mounted, uncamouflaged monopoles up to 75 feet in height. 4. All other wireless communication facilities, including lattice towers. 5. Placement of an antenna on any building not screened from public view. 6. On residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.). 7. Placement of a monopole or antenna (except as provided above) located within 75 feet from a property designated residential, or within 75 feet from an existing residence. (MC 1237 1/8/07) III-19.20-3 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 D. DEVELOPMENT AND DESIGN STANDARDS 1.The antenna, support structure and associated equipment shall not be located within any residential land use district except as provided by Section 19.20.030(3)(A) and 19.20.030(3)(C)(6). 2. A maximum of one (1) satellite dish antenna shall be permitted per lot except retail locations selling and displaying satellite dish antennas and/or televisions may have more than one (1) such antenna. 3. No part of any satellite dish antenna shall be located within a required front yard, side yard, or on the street side of a corner lot. 4. No part of any satellite dish antenna shall be located within three (3) feet of any property line. 5. No part of any monopole shall be located within ten (10) feet of any property line. (MC 1237 1/8/07) 6. Associated equipment shall be located within a completely enclosed structure or otherwise screened from view. Equipment shelter buildings shall be architecturally compatible with existing buildings on the site, as well as the surrounding properties, and shall be subject to the architectural Design Guidelines of the Development Code. Design features include, but are not limited to, split-face concrete block, slump stone, faux roof with pitch, etc. (MC 1237 1/8/07) 7. Fencing shall be wrought iron or similar decorative material and shall be consistent with the provisions of Section 19.20.030(8). Prohibited fencing includes chain link, razor wire and barbed wire. (MC 1237 1/8/07) 8. The antennae shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood. 9. Antennas and support equipment shall be sited to minimize views from the public rights-of-way. Landscaping may be required to screen the tower, equipment buildings or support structures from view. (MC 1237 1/8/07) 10. If an antenna is attached or integrated into a building, it shall be painted to match the color of the building and/or covered with similar materials, subject to approval of the Director. 11. If not camouflaged, antenna and monopoles shall be a single, non-glossy color (e.g., off-white, cream, beige, green, black, or gray). 12. Antenna structures shall conform to Federal Aviation Administration regulation AC70/7460 latest edition. This may include beacons, sidelights and/or strobes. III-19.20-4 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 13.The operation of the antennae shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, unless exempted by Federal regulation. 14.A support structure may be required to be adequately designed for a co-location on -location is proposed, the application shall be reviewed by the Director, subject to a Development Permit. 15.Camouflaged monopoles shall have heavy-density branch coverage per the manuf 100 pine branches). Antennae shall be painted to match the structure or camouflaged with an approved concealment. A minimum of one-half of the length of the monopole shall be covered with a simulated bark cladding. (MC 1237 1/8/07) 4.DESIGN CONSIDERATIONS The following standards are in addition to the specific design guidelines contained in the individual zones: A.The proposed development shall be of a quality and character which is consistent with the community design goals and policies including but not limited to scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves and the preservation of privacy. B.The design shall improve community appearance by avoiding excessive variety and monotonous repetition. C.Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property. D.Lighting shall be stationary and deflected away from all adjacent properties and public streets and rights-of-way. E.Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view. F.With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses. G.Parking structures shall be architecturally compatible with the primary and surrounding structures. H.Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs, if utilized on commercial structures, shall wrap around the entire structure perimeter. III-19.20-5 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 5. DUST AND DIRT In addition to the provisions of Section 19.30.040 (Grading), all land use activities (e.g. construction, grading, and agriculture) shall be conducted so as not to create any measurable amount of dust or dirt emission beyond any boundary line of the parcel. To ensure a dust free environment, appropriate grading procedures shall include, but are not limited to, the following: A. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading. B. Disturb as little native vegetation as possible. C. Water graded areas as often as necessary to prevent blowing dust or dirt, hydroseeding with temporary irrigation, adding a dust palliative, and/or building wind fences. D. Revegetate graded areas as soon as possible. E. Construct appropriate walls or fences to contain the dust and dirt within the parcel subject to the approval of the City Engineer. 6. ENVIRONMENTAL RESOURCES/CONSTRAINTS All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA) and all General Plan environmental policies including, but not limited to, biological resource management areas, riparian corridors; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; high wind areas; and, geologic hazards. Development within 50 feet of a riparian corridor may be prohibited or restricted, and structures within 50 feet of an active or potentially active fault shall be prohibited. Development within these areas shall be subject to the submittal of appropriate report(s) prepared by qualified professionals which address the impacts of the proposed project; the identification of mitigation measures necessary to eliminate the significant adverse impacts; and, the provision of a program for monitoring, evaluating the effectiveness of, and insuring the adequacy of the specified mitigation measures. 7. EXTERIOR BUILDING/STRUCTURE WALLS The following standards shall apply to all exterior building/structure wall construction: A. Since walls will always be a main architectural and visual feature in any major development, restraint must be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project. B. The following designs are deemed unacceptable in any development and therefore shall be prohibited: 1. Nonanodized and unpainted aluminum finished window frames. III-19.20-6 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 2. Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the Director. 3. Aluminum or other metal panels are not permitted on the street elevation, unless it can be demonstrated that they are consistent with a structure's overall design character, and do not adversely affect the pedestrian environment. 8. FENCES AND WALLS The following standards shall apply to the installation of all fences and walls: A. HEIGHT AND TYPE LIMITS Fences and walls shall conform to the limitations outlined in Table 20.01. (MC 1056 10/8/99) B. TRAFFIC SAFETY SITE AREA On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth or other visual obstruction over 30 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least six feet above the level of the intersection; supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; and official warning signs or signals. (MC 1056 10/8/99) C.B. PROHIBITED FENCE MATERIALS/CHAIN LINK FENCING 1. The use of barbed wire, razor wire, or concertina wire fencing in conjunction with any other fence, wall, roof, or by itself within any land use district, is prohibited except as shown in Table 20.01, or unless required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. III-19.20-7 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 TABLE 20.01 FENCES AND WALLS HEIGHT AND TYPE LIMITS 1 Zones Maximum Permitted Height 1. Residential Front yard or side of street yard Solid structures 2 & 3 (not including the rear yard) Open work structures (must permit the passage of (a minimum of 90% of light) Other yard area Outside of required yard area Abutting a non-residential district Solid, decorative masonry wall Commercial, Industrial and Institutional 2. Front yard or side of street yard Solid structures Open work structures Abutting residential zone Solid, decorative masonry wall Other yard area Outdoor storage areas visible Commercial from public rights-of-way Industrial (located behind required yards) Electric fences (located behind a primary fence) Within a setback area Commercial/Industrial Outside the setback area Industrial 3. All Zones Traffic Safety Site Area 4. Public Right-of-Way 5. Hillside Management Overlay Retaining Walls Uphill slope Down slope Lots sloping with the street Adjacent to driveways Facing streets Constructed with natural, indigenous materials 6. Foothill Fire Zones Overlay Constructed with non-combustible Fences and Walls materials only 1 The limitations shall not apply in the following instances: Where a greater height is required by any other provision of the Municipal Code; or Where a greater height or type of fence or wall is required by a condition of approval. 2 Rear yard defined for the purposes of this section shall be from the rear property line to the rear plane(s) of the structure. (MC 888 1/6/94) 3 Except for school uses (including pre-schools) which were legally established prior to November 1, 2004, which may -side side yard areas. (MC 1212 8/15/05) III-19.20-8 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 2. Six-foot high chain link fencing is permitted at all property lines for vacant commercial/industrial lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of development or occupancy. 3. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, and IE zones within required yards, if the fence would not be adjacent to a public street. Landscaped planting of sufficient density and height may be used to screen the fence from public view. Additionally, chain link fencing may be used with tennis courts, private and commercial, temporarily at construction sites, and where it is required by any law or regulation of the City, the State of California, Federal Government, or agency thereof. 4. The above limitations shall not apply where the prohibited fence material is required as a condition of approval. (MC 889 1/6/94; MC 1384 1/16/13) B. WALL DESIGN STANDARDS Perimeter tract or commercial/industrial development walls which are adjacent to a public street shall have articulated planes by providing at a minimum for every 100 feet of continuous wall an 18-inch deep by eight-foot long landscaped recession. (MC 888 1/6/94) Walls shall be constructed with pilasters provided at every change in direction, every five feet difference in elevation and at a minimum of every 25 feet of continuous wall. C. RESIDENTIAL FENCING/WALL REQUIREMENT Fencing or walls are required between individual residential units, and residential developments if adjacent to parks, open spaces, and/or major rights-of-way. All fencing and walls are to be provided by each developer at the time of construction. D. ELECTRIC FENCES 1. Permit Required. No electric fences shall be installed or used unless a Fence Permit has been applied for and obtained from the Community Development Department. 2. Type of Electric Fences Allowed. The construction and use of electric fences shall be allowed in the City only as provided in this section and subject to the following standards: a. IEC Standards 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76. III-19.20-9 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 b. Electrification: (1)The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. (2) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76. 3. Conditions for Installation. a. Perimeter Fence or Wall: No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet high. b. Location: Electric fences shall be permitted only in non-residential zones and only in locations approved by the Community Development Department. c. Height: Electric fences shall not have a height in excess of 10 feet in commercial and industrial setback areas and shall not have a height in excess of 16 feet outside of the setback areas on industrial properties. d. Warning Signs: Electric fences shall be clearly identified with warning signs - intervals of not less than 60 feet. e. other similar approved device shall be installed for emergency access of Police and Fire Departments. 4. Indemnification. All applicants issued permits to install or use an electric fence as provided in this Chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of San Bernardino and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence. 5. Emergency Access. In the event that access by the City of San Bernardino Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this Chapter is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this Chapter will agree to waive any and all claims for damages to the electric fence against the City of San Bernardino and/or its personnel under such circumstances. III-19.20-10 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 6. Violation; Misdemeanor. It shall be unlawful, and a misdemeanor, for any person to install, maintain or operate an electric fence in violation of this section. E. BARBED WIRE, RAZOR WIRE AND CONCERTINA WIRE FENCES 1. Permit Required. No barbed wire, razor wire, or concertina wire fences shall be installed or used unless a Fence Permit has been applied for and obtained from the Community Development Department. 2. Conditions for Installation. a. Location: Barbed wire, razor wire, or concertina wire fences shall be permitted only in non-residential zones and only in locations approved by the Community Development Department. b. Height: Barbed wire, razor wire, or concertina wire fences shall not have a height in excess of 10 feet in commercial and industrial setback areas and shall not have a height in excess of 16 feet outside of the setback areas on industrial properties. 9. FIRE PROTECTION All structures shall meet the requirements of the City Fire Department. 10.FUMES, VAPOR, AND GASES No emission which can cause damage to human health, animals, vegetation or other forms of property shall be discharged into the atmosphere. No other forms of emission shall be measurable at any point beyond the boundary line of the parcel. Emissions shall be in compliance with Air Quality Management District and Regional Water Quality Control Board permits. 11.GLARE No glare incidental to any use shall be visible beyond any boundary line of the parcel. 12.HAZARDOUS MATERIALS The following standards are intended to ensure that the use, handling, storage and transportation of hazardous materials comply with all applicable requirements of Government Code 65850.2 and Health and Safety Code 25505, Article 80-Uniform Fire Code, et. al. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to State Law, but only to require reporting of information to the City that must be provided to other public agencies. For the purposes of this Section, hazardous materials shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services. III-19.20-11 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 A. A Conditional Use Permit shall be required for any new commercial, industrial, or institutional or accessory use, or major addition to an existing use, that involves the manufacture, storage, handling, or processingof hazardous materials in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions: 1. Underground storage of bulk flammable and combustible liquids; and 2. Hazardous materials in container sizes of 10 gallons or less that are stored or maintained for the purposes of retail or wholesale sales. B. All businesses required by Chapter 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of these plans, including revisions to the Director at the same time these plans are submitted to the administrating agency which is responsible for administering these provisions. C. Underground storage of hazardous materials shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code, and Article 79 of the Uniform Fire Code. Any business that uses underground storage tanks shall comply with the following: 1. Notify the City Fire Department of any unauthorized release of hazardous materials immediately, after the release has been detected and the steps taken to control the release; and 2. Notify the City Fire Department and the Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances. D. Above-ground storage tanks for any flammable liquids shall meet all standards of the City Fire Department. E. All structures subject to the provisions of this Development Code and all newly created lots shall be designed to accommodate a setback of at least 100 feet from a pipeline. This setback may be reduced, where the Director finds that: 1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers; 2. A 100-foot setback would be impractical or unnecessary because of existing topography, streets, lot lines, or easements; and, 3. There shall be construction of hazardous liquid containment system or other mitigating facility where the City Engineer finds that a leak would accumulate within the reduced setback area. The design shall be approved by the City Engineer and a surety instrument shall be approved by the City Attorney to ensure the construction of the system. III-19.20-12 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 A proposed structure (including a residence) on an undeveloped existing lot of record that cannot be constructed only because of this restriction, shall be allowed to be constructed if the structure is located so as to comply with the setback regulation as closely as possible. The Director may require a hazardous liquid containment system, to be approved by the City Engineer. A pipeline is defined as follows: 1. A pipe with a nominal diameter of 6 inches or more, that is used to transport hazardous liquids, but does not include a pipe used to transport a hazardous liquid by gravity and a pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility; or, 2. A pipe with a nominal diameter of six inches or more operated at a pressure of more than 275 pounds per square inch that carries gas. A subdivider of a development within 500 feet of a pipeline shall notify a new owner at the time of purchase agreement and at the close of escrow of the location, size, and type of pipeline. 13.HEIGHT DETERMINATION (BUILDINGS AND STRUCTURES) All structures shall meet the following standards relating to height: A. The structure's height shall not exceed the standard for the land use district in which it is located. The structure height shall be determined from the finished grade to the highest point of the structure, excluding chimneys and vents. B. Pad elevations shall be determined by the Director and the City Engineer based on the following criteria. 1. Flood control; 2. Site drainage; 3. Viewshed protection from both public and private property; 4. Protection of privacy of surrounding properties including consideration of the location of windows, doors, balconies, and decks; 5. Structure setback in relationship to structure height and property lines; 6. Sightline and structure envelope analysis; 7. Sewer line grade and location; and 8. Necessary slopes and retaining walls. III-19.20-13 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 C. Perimeter fences, or walls, shall not exceed six feet in height, unless as otherwise provided in this Development Code. The height shall be measured from the finished grade of the property. D. Architectural walls integral to the structure design, attached to the structure may exceed 6 feet in height, subject to review by the Director. E. To protect safety sight-distance for vehicular movement, sight obscuring fences, or walls, or other obstructions shall not exceed 36 inches in height when located in a front setback. (MC 888 1/6/94) F. Free-standing flagpoles and radio and television antennas may not exceed the structure height restrictions of the land use district in which they are located, except as otherwise provided in this Development Code. 14.LIGHTING Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. Security lighting shall be provided at all entrances/exits. 15.NOISE No loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention- attracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. The following provisions shall apply: A. In residential areas, no exterior noise level shall exceed 65dBA and no interior noise level shall exceed 45dBA. III-19.20-14 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 B. All residential developments shall incorporate the following standards to mitigate noise levels: 1. Increase the distance between the noise source and receiver. 2. Locate land uses not sensitive to noise (i.e., parking lots, garages, maintenance facilities, utility areas, etc.) between the noise source and the receiver. 3. Bedrooms should be located on the side of the structure away from major rights-of- way. 4. Quiet outdoor spaces may be provided next to a noisy right-of-way by creating a U- shaped development which faces away from the right-of-way. C. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to ¾-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: 1. Masonry block 2. Precast concrete 3. Earth berm or a combination of earth berm with block concrete. D. Noise barriers shall interrupt the line-of-sight between noise source and receiver. 16.ODOR No use shall emit any obnoxious odor or fumes. 17.PROJECTIONS INTO SETBACKS The following list represents the only projections, construction, or equipment that shall be permitted within the required setbacks: A. Front Setback: Roof overhangs, fireplace chimney, awnings & canopies B. Rear Setback: Roof overhangs, pools, patio covers, tennis courts, gazebos, and awnings & canopies, provided there is no projection within 10 feet of the property line. Accessory structures may be built to the interior side or rear property lines provided that such structures are not closer than 10 feet to any other structures. (MC 876 7/8/93) C. Side Setback: Roof overhangs, fireplace chimney, awnings & canopies Building Code requirements may further restrict the distance required to be maintained from the property lines and other structures. III-19.20-15 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 18.PUBLIC STREET IMPROVEMENTS A.Any new construction or construction of 2,500 square feet or more of the structure floor area of the primary structure shall require the dedication of public right-of-way for public street purposes. In addition, the property owner shall be required to irrevocably agree to participate in any future assessment district that may be formed to construct public street improvements in accordance with the policies, procedures and standards of the Director of Public Works/City Engineer. B. Whenever street improvements are required along a parcel as a condition of approval, and the off-site drainage pattern requires it, the entire street section may be required to be improved in accordance with the policies, procedures and standards of the Director of Public Works/City Engineer. C. Special Fee areas may be designated by the Mayor and Common Council to provide funding for required improvements or to refund monies advanced by the City for designated improvements. Whenever such fee areas are established by Resolution of the Mayor and Common Council, all new construction or construction of 2,500 square feet or more of structure floor area of the primary structures shall pay such fees. (MC 816 2/6/92; MC 1373 6/20/12) 19.RADIOACTIVITY OR ELECTRIC DISTURBANCE No activity shall be permitted which emits radioactivity or electrical disturbance. 20.REFUSE STORAGE/DISPOSAL Every parcel with a multi-family, commercial or industrial structure shall have a trash receptacle on the premises. The trash receptacle shall be of sufficient size to accommodate the trash generated. The receptacle shall be screened from public view on at least three sides by a solid wall six feet in height and on the fourth side by a solid gate not less than five feet in height, in compliance with adopted Public Works Department Standards. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Trash receptacles for single family homes should be stored within the enclosed garage or behind a fence. 21.SCREENING Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground. 22.SIGNS, OFF-STREET PARKING, OFF-STREET LOADING AND LANDSCAPING All development shall comply with the provisions of Chapter 19.22 (Sign Standards); Chapter 19.24 (Off-Street Parking Standards); Chapter 19.26 (Off-Street Loading Standards) and Chapter 19.28 (Landscaping). III-19.20-16 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 23.SOLAR ENERGY DESIGN STANDARDS (MC 1381 12/19/12) Passive heating and cooling opportunities shall be incorporated in all developments in the following manner: A. Future structures should be oriented to maximize solar access opportunities. B. Streets, lot sizes, and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 of due south. C. The proposed lot size and configuration should permit structures to receive cooling benefits from both prevailing breezes and existing and proposed shading. D. Any pool or spa facilities owned and maintained by a homeowners association shall be equipped with a solar cover and solar water heating system. E. No structure (building, wall or fence) shall be constructed or vegetation placed so as to obstruct solar access on an adjoining parcel. 24.STORAGE There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or building or manufacturing materials in any portion of a lot, except as allowed under the provisions of this Development Code. No storage shall occur on any vacant parcel. No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. 25.TOXIC SUBSTANCES AND WASTES No use may operate that utilizes toxic substances or produces toxic waste without the approval of a Conditional Use Permit pursuant to the provisions of Chapter 19.36 (Conditional Use Permits). Prior to consideration of a Conditional Use Permit, the operator must prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances. 26.TRAFFIC SAFETY SIGHT AREA No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way. III-19.20-17 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 A. Distances Used to Measure Traffic Safety Sight Areas The following distances, as seen in Figure 19.20 (29)-A (Traffic Safety Sight Area Distances) shall be used to measure Traffic Safety Sight Areas. Upon review by the City Traffic Engineer, the distances specified in this Section may be increased if he/she determines that a greater distance is required to maintain public health and safety or reduced if he/she determines that the reduced distance would not create a public health and safety hazard. 1. For Traffic Safety Sight Areas at the intersection of two street rights-of-way, two sides of the triangle extend along the intersecting property lines for 20 feet and the third side is a diagonal line that connects the two other sides. 2. For Traffic Safety Sight Areas at the intersection of a street right-of-way and alley, two sides of the triangle extend along the intersecting property lines for 10 feet and the third side is a diagonal line that connects the two other sides. 3. For Traffic Safety Sight Areas at the intersection of a street right-of-way and driveway or parking entrance, one side of the triangle extends from the intersection of the street right-of-way and the driveway or parking entrance for 10 feet along the property line. The second side extends from the intersection of the street right-of- way and driveway or parking entrance for 10 feet perpendicular to the property line. The third side of the triangle connects the two other sides. Figure 19.20 26-A: Traffic Safety Sight Area Distances B. EXEMPTIONS Traffic Safety Sight Areas shall not apply to the following: 1. Public utility poles; III-19.20-18 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 2. Trees trimmed (to the trunk) to a line at least six feet above the level of the intersection; 3. Supporting members of appurtenances to permanent structures existing on the date this Development Code becomes effective; or 4. Official warning signs or signals. 26.27.TRANSPORTATION CONTROL MEASURES (TCM) The purpose of this section is to reduce vehicle trips thereby reducing air pollutants and improving air quality, to comply with State Law, and to promote an improved quality of life. All new development is subject to the following Transportation Control Measures: A. Bicycle parking facilities or secured bicycle lockers shall be provided for all new non- residential developments and multi-family (of 10 or more units) developments when discretionary review is required. Parking racks or secured lockers shall be provided at a rate of 1 per 30 parking spaces with a minimum of a three-bike rack. B. All new non-residential developments, meeting CMP thresholds of 250 or more peak hour trips, shall provide a minimum of one shower for persons bicycling or walking to work. The shower shall be made so as to be accessible to both men and women. C. On-site pedestrian walkways and bicycle facilities shall be provided connecting each building in a development to public streets for all new non-residential and multi-family (of 10 or more units). D. Passenger loading areas, suitable to the proposed land use shall be provided for all new non-residential and multi-family (of 10 or more units) developments (of 100 or more parking spaces). The loading areas shall be placed in locations close to building entrances but so as not to interfere with vehicle circulation. E. Preferred parking facilities shall be provided for vanpools at a rate of 1 van parking space per 100 standard parking spaces for all new non-residential development. A minimum of one such space shall be required. A vertical clearance of no less than 9 feet shall be provided. F. Transit improvements such as bus pullouts, bus pads, and bus shelters shall be provided for new residential and non-residential development along existing or planned transit routes. The need for and nature of those improvements shall be defined in cooperation with Omnitrans. G. New non-residential developments exceeding the following thresholds may be required to designate on-site parking areas to be used by commuters as park-and-ride lots or contribute exaction fees to develop off-site park-and-ride lots: Retail 250,000 Square Feet GFA Industrial 325,000 Square Feet GFA Office 125,000 Square Feet GFA III-19.20-19 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 The determination of whether an on-site park-and-ride facility or contribution of exaction fees is required will be based upon a Traffic Impact Analysis Report (TIA Report), prepared by a qualified traffic engineer in a manner consistent with the Congestion Management Program (CMP) for San Bernardino County. H. Parking space requirements for new non-residential development shall be reduced when linked to other actions that reduce trips to account for increased ridesharing and other modes of transportation. Analysis shall be provided estimating the trip reductions. The City Traffic Engineer shall review the analysis and make a recommendation to the Planning Division on the number of parking spaces that may be eliminated. I. A telecommuting center or contributions toward such a center shall be required for all new residential developments of 500 units or more. J. On-site video conferencing facilities shall be provided for all office park developments with 1,000 or more employees. (MC 890 1/20/94) 27.28.UNDERGROUNDING OF UTILITIES Utilities shall be placed underground pursuant to Section 19.30.110. In the event an above ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and landscaping and not located in any setback area. If it cannot be screened, it shall be located in an underground vault. Exceptions to the undergrounding of utilities requirements are as follows: A. Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be placed above ground, if they are used solely in connection with the underground transmission or distribution lines; B. Poles supporting street lights, and the electrical lines within the poles, may be situated above the surface of the ground; C. The Council may waive any requirement of this section if topographical, soil or similar physical conditions make such underground installation unreasonable or impractical; D. Any Parcel Map with a maximum of four residential parcels, no parcel of which has previously been exempted from this section; and where at least 50% of the surrounding area within a radius of 500 feet has been previously developed without undergrounding utilities; E. That portion of a previously developed non-residential Parcel Map; F. The requirement to underground shall apply to all utility lines traversing a subdivision, or installed along either side of the streets and alleys adjoining the subdivision, except for electrical lines of 33 KVA or more. Where one line is exempt, all parcel lines on that same pole shall be exempt; III-19.20-20 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 G. Any single lot development on a Residential Estate, Low, Suburban, or Urban (RE, RL, RS, and RU) designated parcel; or any single lot development of one net acre or less in any land use district, shall be exempt from this requirement. This exemption shall not apply where the requirement to underground utilities is imposed as a condition of approval of a subdivision map; and H. The remodeling of existing structures where the cost of remodeling is less than 50% of the replacement cost of the existing structure as determined for building permit fees shall be exempt. 28.29.VIBRATION No vibration associated with any use shall be permitted which is discernible beyond the boundary line of the property. III-19.20-21 May 2020 PROPERTY DEVELOPMENT STANDARDS 19.20 Intentionally Blank III-19.20-22 May 2020