Friday, July 07, 2017

Yorba Linda revises procedure to remove illegally posted temporary signs in public rights-of-way

Perhaps the most significant change in Yorba Linda's new 20-page sign ordinance taking effect July 26 is a provision simplifying the procedures for removing signs illegally posted in public rights-of-way, generally along the sides of the city's major roadways.

Now, city employees will be able to simply remove a non-conforming sign rather than notifying the owner by certified mail 72 hours in advance. A “due process” requirement would be met by contacting the sign owner, if known, from the field that an offending sign will be removed.

City-removed signs will be retained for at least three days to allow for retrieval by the owner.`

Temporary signs placed on public property along city streets have long drawn the ire of many residents, especially during election seasons, when many candidates running for local offices ignore the city's regulations regarding the size and placement of signs on public lands.

Some of the most surprising violations are by City Council contenders, since they are given copies of the city rules when they submit paperwork to be on the ballot for council positions.

Yorba Linda, along with 12 of the county's 34 cities, allow some signs in public rights-of-way, namely election, non-profit, real estate and garage sale signage. The other 21 cities prohibit all rights-of-way signs, according to a city survey.

These exceptions...are legally permissible because they serve a compelling public interest
in that real estate signs, in particular, serve to protect the public safety and welfare,” stated principal planner Nate Farnsworth in a report to the council.

There are multiple studies and theories that demonstrate that vacant properties can lead to increased crime, decreased property values of surrounding properties, increased vacancy in surrounding properties and visual blight,” according to Farnsworth.

He added, “Although properties may become vacant for a variety of reasons, the city recogn-izes the critical role that the real estate industry plays in filling those vacancies as quickly as possible.” Directional signs are allowed any day from sunrise to sunset.

The ordinance was approved on a 5-0 council vote in June after a Planning Commission workshop and public hearing. Changes have been proposed since 2012, “in response to growing community concerns regarding the negative aesthetic condition along city streets due to the proliferation of temporary signs,” Farnsworth stated.

Other key provisions:

--Temporary signs are limited to 10 days exposure, with exceptions including election or other event signs. Removal must occur within five days of an event. Signs displayed longer than 10 days must follow rules for permanent signage.

--Temporary commercial signs on private property visible from public rights-of-way are prohibited, unless a permit is issued. Banner signs for grand opening events would be allowed for 45 days, up from 30 days in the previous ordinance.