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.
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