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ORDINANCE 1559 ORDINANCE NO. 1559 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE (ESMC) TITLE 15 (ZONING CODE) REGARDING SIGNS. (ZONE TEXT AMENDMENT NO. 16-02) The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On June 18, 2015, the United States Supreme Court issued a unanimous decision in the case of Reed v. Town of Gilbert, holding that various provisions of the Town of Gilbert's sign ordinance violated the First Amendment. Some of the offending provisions afforded differing time, place and manner restrictions to signs based on their individual content. Others required specific minimum content requirements on certain types of signs; B. On March 2, 2016, the City initiated the process to amend ESIVIC Title 15 (Zoning Code) related to sign provisions that could be perceived as being contrary to the Court's decision. Also included in, the amendment are updated definitions, updated general provisions, and, modified sign standards to streamline the review process for signs; C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for July 27, 2017; E. On July 27, 2017, the Planning Commission reviewed and considered the proposed code amendments to Title 15 and continued the item to the August 10, 2017 Planning Commission meeting. The item was subsequently continued to August 24, 2017; F. On August 24, 2017, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2823 recommending the City Council approve the proposed project; ORDINANCE No. 1559 Page 2 of 21 G. On October 3, 2017, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and H. This Ordinance and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its October 3, 2017 hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings And Conclusions. The City Council finds that implementing the proposed ordinance would result in the following: A. Add and clarify the definitions of: building face, sign, sign (abandoned),sign area, sign (building marker), sign (changeable copy), sign (copy), sign (directory), sign (electronic message centers), sign (identification), sign (information), sign (light emitting diode or LED), sign (pole), sign (political), sign (projecting), sign (roof), sign (window), store front, and tenant; B. Reorganize sections of the chapter to make it easier to understand; C. Clarify the review process for signs in order to secure a building permit; C. Insert and clarify language to ensure the City does not regulate sign content; D. Prohibit signs that imitate or resemble official traffic lights, signs, or signals or signs that interfere with the effectiveness of traffic lights, signs, or signals; E, Prohibit abandoned signs; F. Exempt signs that are consistent with an approved master sign program; G. Exempt signs required by federal, state, or local law; H. Modify the required setback for signs; I. Modify the requirements for monument, ground, and freestanding pole signs; J. Add provisions for ground directory sign; K. Update provisions for LED signs, reclassifying them as "electronic message centers (EMC's)"; L. Modify provisions for EMC's to allow the director to approve administrative use permits for EMC's for nonresidential uses in the Multi-Family (R-3) zone; M. Update and streamline process for review of master sign programs; ORDINANCE No. 1559 Page 3 of 21 N. Update and clarify process for discretionary review for signs; N. Clarify provisions for noncomforming signs; O. Clarify provisions for the abatement of signs. SECTION 3: General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the EI Segundo General Plan as follows: A. The proposed ordinance is consistent with Objective LU1-2 and Policy LU1- 2.2 because it will prevent deterioration and blight throughout the City by maintaining the property at all times in accordance with City of EI Segundo codes. B. The proposed ordinance is consistent with Goal LU1-5 and Policy LU1-5.2 in that the amendment recognizes the City as a comprehensive whole and is creating policies, design standards and documentation that will help create a sense of place for the entire City. The amendment will modify the sign ordinance that regulates the quantity, quality, and location of signs. C. The proposed ordinance is consistent with Policy C1-1.9 of the General Plan Circulation Element in that it will help provide all residential, commercial, and industrial areas with efficient and safe access for emergency vehicles through the implementation of driveway and intersection clearance requirements. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Section 15-26- 4 and based on the findings set forth in Section 2, the proposed zone text amendment is consistent with and necessary to carry out the general purpose of ESMC Title 15 as follows: A. The ordinance is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B. The ordinance is necessary to facilitate the development process and ensure the orderly placement and maintenance of signs. The intent of the ordinance is to clarify definitions of terms, clarify and update the development standards for signs, and streamline the review process for signs. SECTION 5: Environmental Assessment. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), and the regulations promulgated thereunder(14 California Code of Regulations§§ 15000, ORDINANCE No. 1559 Page 4 of 21 et seq., the "State CEQA Guidelines"), the proposed ordinance is exempt from further review, because it consists only of minor revisions and clarifications to existing zoning regulations and related procedures. It does not have the effect of deleting or substantially changing any regulatory standards or findings required thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). SECTION 6: Section 15-1-6 is amended to read as follows: "The following words and phrases, when used in this title, shall have the meanings respectively ascribed to them in this chapter: BUILDING FACE: Horizontal plane of a building fagade which may include recessed portions of the building. SIGN: Any structure, device, or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, that is visible from any property where the primary purpose of the sign is to convey visual communication. "Sign" does not include the following: A. Interior signs that are located entirely within an enclosed structure and not visible from the exterior; B. Building features that are only decorative or architectural and do not include trademarks. Such building features may include minimal lettering or moving parts. C. Symbols of noncommercial organizations or concepts including, without limitation, religious or political symbols when they are permanently integrated into the structure of a building; D. Items or devices of personal apparel, decoration or appearance including, without limitation, tattoos or makeup; E. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after completion of a sale; F. Traffic, directional, emergency, warning or informational signs required or authorized by a government agency having jurisdiction; G. Public utility signs; ORDINANCE No. 1559 Page 5 of 21 H. Advertisements or banners mounted on duly licensed mass transit vehicles including, without limitation, buses and trains, that legally pass through the city; I. Insignia located on legal vehicles and watercraft including, without limitation, license plates, registration insignia, noncommercial messages, messages relating to the business for which the vehicle is an instrument or tool, and messages relating to the proposed sale, lease or exchange of vehicles or watercraft; J. Building marker signs; and K. Newsracks and newsstands, SIGN, ABANDONED: Any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned for a period of one year. A lawfully erected sign structure for a vacant property or building which is actively available for lease is not abandoned unless the planning and building safety director determines the sign is a public nuisance, pursuant to section 15-18-8 of this title. SIGN AREA: The face or display area of a sign, including its border only when the border carries or displays part of the message or copy. Supports or uprights on which such sign is placed are excluded from the sign area calculation. For signs using individual channel letters, the sign area is determined by not more than 2 rectangles, of at least 6-inch width, drawn around the entire grouping of letters or words. SIGN, BUILDING MARKER: Any sign indicating the name of a building and/or date of construction, which sign is cut into a masonry surface or made of bronze or other permanent material. SIGN, CHANGEABLE COPY: A sign, or part of a sign, that includes a copy that can be changed through manual or electronic means, regardless of method of attachment or materials of construction. SIGN, COPY: That portion of a sign which contains the letters, words, numbers, pictures, or logos that convey a message to the viewer. SIGN, DIRECTORY: A sign listing the tenants or occupants and their locations throughout building or development. ORDINANCE No. 1559 Page 6 of 21 SIGN, ELECTRONIC MESSAGE CENTERS (EMCs): An outdoor sign that displays words, symbols, figures, or images that can be electronically or mechanically changed by remote or automated means. SIGN, IDENTIFICATION: A sign with copy that identifies only the business name, product, or service sold, and/or street address of the building upon which it is placed. SIGN, INFORMATION: A sign that informs people of the purpose of an object or gives them instruction on the use of something. An example is an a-S "air/water", the location of restrooms or similar information, but does not contain advertising, brand, trade, or center name information. SIGN, LIGHT EMITTING DIODE OR LED: A sign incorporating light emitting diodes (LED) to display a changeable copy. Signs that utilize LEDs for decorative, artistic or accent purposes, or as the primary source of illumination behind translucent elements are not included in this definition. SIGN, POLE: A freestanding sign that is supported by a pole/post or poles/posts. SIGN, PROJECTING: Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches (6") beyond the surface of such building or wall. Marquee signs are included in this definition. SIGN, ROOF: Any sign erected and constructed wholly on and over the roof or parapet of a building, supported by the roof structure, and extending vertically above the roof. Signs that are attached to or painted upon a structure attached to the roof of a building are included in this definition. SIGN, WINDOW: Any sign that is placed within 3 feet of the inside of a window or upon the window panes or glass and is visible from the exterior of the window. ORDINANCE No. 1559 Page 7 of 21 ..........- 111' o N, IP&*n -7— E:,.T............ p *tea ISI W. IUM r Building, Awning and Win Signs II %Td Freestanding Monument Sign Directional Sign Directory Sign STORE FRONT: The fagade or entryway of a retail store which faces the street and is located on the ground floor or street level of a commercial building. TENANT: The lessee or sublessee of a facility space within a development project. SECTION 7: ESIVIC Chapter 15-18 (Signs) is amended in its entirety to read as follows: ORDINANCE No. 1559 Page 8 of 21 Chapter 18 SIGNS 15-18-1 PURPOSE AND INTENT 15-18-2 PROHIBITED SIGNS 15-18-3 EXEMPT SIGNS 15-18-4 GENERAL SIGN STANDARDS 15-18-5 MASTER SIGN PROGRAMS, APPLICATIONS, AND PERMITS 15-18-6 NONCONFORMING SIGNS 15-18-7 SUBSTITUTION CLAUSE 15-18-8 ENFORCEMENT AND MAINTENANCE 15-18-1 PURPOSE AND INTENT A. The purpose of this chapter is to encourage the effective use of signs, to help maintain the aesthetic environment and the city's ability to attract businesses, to encourage harmonious integration of signs with their surroundings, to ensure pedestrian and traffic safety, and to minimize possible adverse effects. B. This chapter was adopted pursuant to the city's police powers to advance the goals set forth in the general plan to regulate the time, place, and manner that signs may be used within the city. C. Nothing in this chapter is intended to limit or circumscribe the content of any sign placed pursuant to this chapter. 15-18-2 PROHIBITED SIGNS All signs not expressly permitted under this chapter are prohibited. Such prohibited signs include, but are not limited to: A. Beacon signs, used in connection with commercial premises for commercial purposes; B. Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes; C. Billboards; D. Flags and pennants, except those exempt under Section 15-8-3; E. Signs that emit sounds (except ordering menu boards at drive-throughs), odor, or visible matter, such as smoke or steam; ORDINANCE No. 1559 Page 9 of 21 F. Strings of lights not permanently mounted to a surface, except those exempt under Section 15-8-3; G. Trailer or portable signs; H. Signs that flash, rotate, pulsate, or otherwise move in a way that create a traffic hazard; I. Signs that imitate or resemble official traffic lights, signs, or signals or signs that interfere with the effectiveness of traffic lights, signs, or signals; J. Strobe lights used in signs; K. Abandoned signs.. 15-18-3 EXEMPT SIGNS The following signs and/or face changes are exempt from plan review, but all such signs may require a building permit and must comply with the corner clearance and driveway visibility standards of Chapter 2 of this title: A. Any sign that is on a property with an approved master sign program and fully complies with the program's standards and design requirements. B. Face changes of existing signs previously approved under a valid master sign program pursuant to 15-18-5C below; C. Signs inside a building not attached to a window or door; D. Signs required by federal, state, or local law; E. Building marker signs; F. Lights used for holiday decorations; G. Temporary Election Season Signs: Temporary election season sign are allowed in any zone subject to the following: 1. Sign cannot exceed four square feet in area; 2. Except as otherwise allowed by this chapter, such signs cannot be erected more than 60 days before an election in which residents of the City of EI Segundo are eligible to vote; and, ORDINANCE No. 1559 Page 10 of 21 3. Except as otherwise allowed by this chapter, such signs must be removed not later than 48 hours after the election H. Works of Art: Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted, subject to the following standards: The use of registered, copyrighted, or trademark names, insignia, or logos is permitted within the sponsor's portion of the artwork, but names, insignia, or logos larger than 6 square feet or 1 percent of the area of the artwork, whichever is less, may not include registration, copyright, or trademark symbols. Such artwork is subject to review by the director or their designee to determine if the extent of any commercial message in the mural is a minor component of the artwork. When the use of names, insignia, or logos is larger than 6 feet of 1 percent, the entire artwork will be treated as a sign that is subject to the requirements of this chapter. 15-18-4 GENERAL SIGN STANDARDS A. SIGNS IN NON-RESIDENTIAL ZONES: All signs in non-residential zones must be erected and maintained consistent with the purposes of the chapter. 1. Sign Types i. Signs on Freestanding Buildings: Freestanding buildings allow wall, fin, marquee, canopy, awning, projecting, and roof signs to have a cumulative area up to 5 percent of each building face. This standard is applicable to signs installed on the second story and above. ii. Signs on Store Fronts: Store front shops are allowed signs up to 15 percent of each shop front per tenant space, including any wall, fin, marquee, canopy, awning, and projecting signs. This standard is applicable to signs installed on the ground floor or street level of the primary entryway for a commercial building. Signs proposed on walls other than primary entryway (i.e. side walls or rear wall) are allowed a cumulative sign area up to 5 percent of each building face. iii. Monument, Ground, Freestanding, or Pole Signs: One monument, ground, freestanding, or pole sign that provides a shared usage of such signs is allowed for every 100 linear feet of street frontage, or fraction thereof. Such signs are allowed a sign area up to 150 square feet per sign and must not be placed closer than 50 linear feet from another monument, ground, freestanding, or pole sign on the same property. Any such sign may be erected and maintained in a required ORDINANCE No. 1559 Page 11 of 21 building setback, provided it is at least 3 feet from the property line and is not located in a required corner clearance or driveway visibility area. iv. Additional development standards are as follows: 1. Monument or ground signs: Maximum height of 8 feet by right. Signs over 8 feet and up to a maximum of 20 feet are allowed with an administrative use permit. 2. Ground Directory Signs: Maximum height of 20 feet and are: a. Designed to be viewed primarily by pedestrians and b. Designed to have minimal visibility from the public rights-of-way to the satisfaction of the director. 3. Freestanding or Pole Signs: Maximum height of 25 feet. 4. Off-Site Directional Signs: Maximum height of 8 feet by right and must: a. Provide directions to a business located on another property within the city. b. Maintain a maximum distance of 500 feet from the property on which the sign is located. c. Require an administrative for signs over 8 feet and up to a maximum of 20 feet 2. Electronic Message Centers: Electronic Message Centers (EMCs) are allowed in all non-residential zones. EMCs may be approved for nonresidential uses in the Multi-Family (R-3) zone upon the approval of an administrative use permit, pursuant to the requirements of chapter 22 of this title. EMCs are subject to the following standards: i. EMCs may have up to 2 faces; ii. For all ground-mounted signs, the changeable copy portion of the sign cannot exceed 75 percent of the total permitted sign area; iii. EMCs may include animated graphics and video only when they are: ORDINANCE No. 1559 Page 12 of 21 1 . Designed to be viewed primarily by pedestrians and 2. Designed to have minimal visibility from the public rights-of— way to the satisfaction of the director. iv. When visible from the public right of way, the sign display must remain fixed for at least 7 seconds and transitions between slides must be instantaneous. Any form of blinking, scrolling, or sliding of image elements is prohibited. v. EMCs must be equipped with a sensor or other device that automatically determines the ambient illumination, that are programmed to automatically dim according to ambient light conditions; vi. In the case of malfunction, EMCs must contain a default design to either freeze the sign in one position or go blank. 3. Large Signs: Any sign over 500 square feet that otherwise meets the provisions of this chapter, requires an administrative use permit, pursuant to Chapter 22 of this title. B. SIGNS IN RESIDENTIAL ZONES: All signs in residential zones must be erected and maintained consistent with the requirements of this chapter. 1. Sign Types i. Identification Signs: One identification sign per lot is allowed, not to exceed 20 square feet in area. The sign must not extend more than 6 inches above or out from the front wall and must contain only the name and street address of the building upon which it is placed. ii. Wall Signs: Permitted nonresidential uses in residential zones that are currently in compliance with this code, except home occupation businesses, are permitted one wall sign, not to exceed 6 square feet in size for the purpose of identifying the business located on the property. Such signs must not contain advertising. C. TEMPORARY SIGNS: Except as otherwise provided, two temporary signs not exceeding a cumulative total of 6 square feet, are allowed at all times. The following additional types of temporary signs may be displayed upon the city's issuing a temporary sign permit, provided the sign meets the following requirements: ORDINANCE No. 1559 Page 13 of 21 1. Special Event or Sale Sign: A sign placed in connection with and on the site of a special event or sale, up to a maximum size of 100 square feet, for a specific maximum 30 day period is allowed, which may be renewed up to a total of 120 days. Animals or human beings, live or simulated, designed or used to attract attention to the premises may be used, provided they are not located on public property or in the public right of way. 2. Construction Signs: Signs placed on an active, lawfully permitted construction site up to a maximum size of 32 square feet per construction site are allowed for a maximum period of 6 months. The Director may grant up to three separate 6 month extensions. Construction signs must be removed within 1 week after completion of construction. 3. New Development/New Business Signs: One temporary sign on the site of a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case may a new development or business sign be displayed for more than one year. New development or business signs for nonresidential uses are allowed a maximum size of 100 square feet; residential uses are allowed a maximum size of 6 square feet. D. REAL ESTATE SIGNS: Real estate signs as defined and authorized by Civil Code Section 713, do not require a building permit, but must comply with the following: 1. Signs must be displayed on private real property and only with consent of the owner; 2. One sign may be placed on the real property to which it pertains in residential zones; 3 signs may be placed on the real property to which they pertain in all other zones; 3. Signs cannot exceed 6 square feet in size for residential uses in residential zones, exceed 12 square feet in size for nonresidential uses in the R-3 zone, or exceed the cumulative total of 50 square feet in size for all other zones; 4. Before the city issues a certificate of occupancy, multi-family apartment buildings with four or more units must install one monument, ground, freestanding, or pole sign that is for the sole purpose of unit owners advertising their units. The design for the sign and its location on the property must be approved by the planning and building safety director, or his designee, before its installation. The sign may have up to 2 faces and cannot exceed a cumulative total of 9 square feet in size per sign face. ORDINANCE No. 1559 Page 14 of 21 5. Removal: Signs must be removed within 5 days after the advertised property is sold, rented, or leased. 6. Temporary Real Estate Directional Signs: Directional signs authorized by Civil Code Section 713(a)(2)that identify and provide directional information to any residential property that is offered for sale, lease, or exchange by the owner or his or her agent must comply with the following: i. Signs must be located only along direct routes to the residential property from arterial streets; ii. Not more than one sign is permitted at each intersection on private property and only with consent of the owner; iii. Signs must be removed when the subject property is sold or when the event ends; iv. Signs cannot exceed 9 square feet in area or 5 feet in height; v. No real estate signs are allowed on public property. E. SIGNS WITHIN 500 FEET OF FREEWAY OR HIGHWAY: Notwithstanding any other provisions of this title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted, the services rendered, or the goods produced upon the property upon which the sign is placed may be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare. 15-18-5 MASTER SIGN PROGRAMS, APPLICATIONS, AND PERMITS A. MASTER SIGN PROGRAMS Multi-tenant developments of three or more commercial tenants require an approved master sign program by the director or their designee. No permit may be issued for an individual sign requiring a building permit until a required master sign program is approved. A master sign program is not required for a development, lot, or business that has less than three tenants. 1. An application for the master sign program must include: i. Accurate plot plan of the lot; ORDINANCE No. 1559 Page 15 of 21 ii. Location of buildings, parking lots, driveways, and landscaped areas; iii. Computation of the maximum sign area allowed, maximum area allowed for individual signs, height and number of signs, and total building wall area on which signs are proposed; iv. Proposed location of each sign, present and future, whether requiring a permit or not, shown on both the plot plan and elevations; v. On site signs including, but not limited to, building marker signs, directional signs, identification signs and onsite signs used for wither ingress or egress, identification of facilities or similar features must be submitted as a part of a master sign program; vi. Optional consistency standards among all signs on the lots affected by the program with regard to: 1. Color scheme; 2. Lettering or graphic style; 3. Lighting; 4. Material; and/or 5. Sign dimensions. vii. Payment of the applicable fees established by the city council. 2. Window Signs: A master sign program may indicate the areas and general types of window signs without specifying the exact dimension or nature of every window sign. 3. Consent: Master sign programs must be signed by the property owner or their authorized agent. 4. Review Procedure: Within 10 working days of receiving a complete master sign program application, the director must either: i. Approve the proposed program if it conforms with the provisions of this chapter; or ii. Deny the proposed program if it fails to conform with the provisions of this chapter. In cases of a denial, the director will specify in writing ORDINANCE No. 1559 Page 16 of 21 the sections of this chapter with which the program is inconsistent. The director's determination may be appealed pursuant to chapter 25 of this title. 5. Modifications: Any new sign locations or the increased size of signs require an application for an amended master sign program that conforms to all requirements of this chapter. Minor changes to signs including, but not limited to, color scheme, material, sign dimensions, location on building face, at the discretion of the director do not require an amended master sign program. B. ADMINSTRATIVE USE PERMITS, ADJUSTMENT, VARIANCES, AND CONDITIONAL USES 1. Proposed signs that require discretionary review must be approved by the director before building permits are issued. 2. Signs that require the approval of an administrative use permit will be processed pursuant to chapter 22 of this title. 3. Deviations from any nonstructural provision of this chapter, including, but not limited to, the number of permitted signs, the size of proposed signs up to a maximum of 20 percent of the area of the building face, and setbacks, may be granted upon the approval of an adjustment, pursuant to chapter 24 of this title. The director may consider a deviation request to be a request for a variance and refer the request to the planning commission for review pursuant to chapter 23 of this title. 4. Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in chapter 23 of this title. All sign regulations for land uses requiring conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs. C. PERMITS REQUIRED 1. Before erecting, modifying, repairing, or relocating any sign, the City must issue the building permit if the proposed sign meets all provisions of this chapter and of the applicable master sign program. 2. Building permit applications reviewed for consistency with the applicable master sign program do not require additional master sign program fee. D. SIGNS ON PUBLIC PROPERTY AND PUBLIC RIGHT-OF-WAYS ORDINANCE No. 1559 Page 17 of 21 No signs shall be allowed on public property or in the public right of way, except as approved by the public works department, consistent with title 9 of this code, and as listed below: 1. Permanent Signs: i. Public signs erected by or on behalf of a governmental body. ii. Bus stop signs erected by a public transit company. iii. Informational signs of a public utility regarding its poles, lines, pipes, or facilities. iv. Awning, canopy, marquee, projecting and suspended signs which are attached to private property but project over public property or a public right of way in conformance with the provisions contained within the latest adopted uniform building code and uniform sign code. 2. Emergency Or Construction Signs: Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public right of way. 3. Encroachment Permit: If a sign requires an encroachment permit under this chapter, then the terms and conditions of the encroachment permit may be incorporated into the sign permit. 4. Removal Of Other Signs: All signs installed or placed on public property or in the public right of way not in conformance with this section may be removed without complying with this chapter. Said signs shall be retained by the city for a period of not less than three (3) working days. Thereafter, any unclaimed signs may be discarded. Should the city be required to remove any illegal sign pursuant to this section, the cost of removal shall be assessed against the owner or person placing such sign. 5. Unless otherwise provided by this chapter or by city council resolution, it is unlawful to display signs on public property owned by the city. 15-18-6 NONCONFORMING SIGNS Nonconforming signs are subject to the provisions contained in chapter 21 of this title (Nonconforming Buildings and Uses). ORDINANCE No. 1559 Page 18 of 21 15-18-7 SUBSTITUTION CLAUSE Noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this chapter, whether permitted or exempt. Noncommercial copy of any kind may be substituted for any other type of noncommercial copy on any sign that is allowed by this chapter whether by permit or exemption. Message substitution may be made without additional city approval or permitting. This section prevails over any more specific provision to the contrary within this chapter. The purpose of this section is to prevent any inadvertent favoring of commercial speech over any other noncommercial message. This section does not create a right to increase the total number or size of signs on property, does not affect the permitting requirements of this chapter, nor overrides terms and conditions in private contracts. 15-18-8 ENFORCEMENT AND MAINTENANCE A. SIGN CLASSIFICATION: The director of planning and building safety may classify signs proposed in accordance with this chapter. Signs that do not clearly fall within one of the definitions provided by this title must be placed in a classification based on the sign's design, location, physical characteristic, and purpose. Unless appealed to the planning commission pursuant to this code, the director's decision is final. The director may refer any such request to the planning commission for review. B. COMPLIANCE WITH CODES: Signs must comply with applicable provisions of the latest adopted building code, electrical code, and sign code at the time of permit issuance. C. PERMANENT MATERIALS: Except for banners, flags, temporary signs, and window signs conforming with the provisions of this chapter, signs must be constructed of permanent materials, and must be permanently attached to the ground, a building, or other structure by direct attachment to a rigid wall, frame, or structure. D. MAINTENANCE: Signs permitted pursuant to this chapter must be maintained in good repair, structural condition, function properly, be free from defects including, but not limited to, cracking, rusting, and peeling. Signs not so maintained will be deemed a public nuisance and may be abated pursuant to this code. E. ABATEMENT OF SIGNS: When the permittee, property owner, or person in possession of control of the property fails to comply with the director's order requiring compliance with the chapter, the city may declare the sign as a public nuisance in accordance with Title 7 of the EI Segundo Municipal Code. Once designated as a nuisance, the City is authorized to abate the nuisance according to the provisions of this code. ORDINANCE No. 1559 Page 19 of 21 SECTION 8: ESMC Chapter 15-21 (Nonconforming Buildings and Uses) is amended to add a new Section 15-21-9 to read as follows: 15-21-9 NONCONFORMING SIGNS: A nonconforming sign may not be: A. Changed to another nonconforming sign or replaced by the same nonconforming sign, except for face changes; B. Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into greater conformance with current provisions of this chapter and/or building and electrical codes; C. Relocated to another site on the same property or any other property within the city; D. Reestablished after discontinuance of the use for 90 days or more; or E. Reestablished after damage or destruction of more than 50% of the value of the structure of the sign prior to said damage or destruction. SECTION 9: ENFORCEABILITY. Repeal of any provision of the ESMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 10: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 11: SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 12: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. ORDINANCE No. 1559 Page 20 of 21 SECTION 13: This Ordinance will go into effect and be in full force and effect on the thirty-first (31st) day after its passage and adoption. PASSED, APPROVED, AND ADOPTED ORDINCANCE No. 1559 this 17th day of October, 2017. 3uWtvjt"c i* ne Fuentes, Mayor ATTEST; O'A Tracy L4, City Clerk APPROVED AS TO FORM: M .�_.__.�. - k�ensley, Ci torr�ey ark ORDINANCE No. 1559 Page 21 of 21 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1559 was duly introduced by said City Council at a regular meeting held on the 3rd day of October, 2017, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 17th day of October, 2017, and the same was so passed and adopted by the following vote: AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Brann, Council Member Dugan, and Council Member Pirsztuk NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of October, 2017. 14 ""o &)"V'6601 Tr6cY Weaver, City Clerk of the City of EI Segundo, California