Sec. 31-7. Required Findings for Approval.
A. Findings.In order for a sign permit application to be approved and a sign permit to be issued pursuant to this chapter, the Architectural Review Committee, Historic Preservation Commission, or the City Planning staff, as applicable, must first make the following findings. Such findings shall be made in writing.
1.The proposal achieves the purposes and objectives of this chapter;
2.The proposal is consistent with all applicable sign guidelines or has been determined by the Architectural Review Committee to better achieve the purpose and objectives of this chapter than the strict application of said sign guidelines; and
3.The proposal is consistent with any other adopted land use document including, but not limited to, the Monterey general plan, area or neighborhood plans, design guidelines, or specific plans.
B. Off-Site Sign on City Property Encroachment Permit.In addition to the findings required by subsection (A) of this section, in order for an off-site sign permit on City property to be approved, the Architectural Review Committee, Historic Preservation Commission, or the City Planning staff, as applicable, must first make the following findings. Such findings shall be made in writing.
1.A sign encroachment permit shall be granted only when, because of special circumstances applicable to the property in terms of location or surroundings, the strict application of the sign regulations deprives such property of a privilege to post a sign for public view enjoyed by other properties in the vicinity that are under an identical zoning classification.
2.Any sign encroachment permit granted under this subsection shall be subject to such conditions as will assure that the permit will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which the applicant’s property is situated.
3.A sign encroachment permit shall not be granted if the applicant’s inability to post a sign on private property so that the message is viewable by the public:
a.Could be avoided by an alternate development plan;
b.Is the result of an action taken by the current property owner or prior owner of the property; or
c.If the property can serve as a site for a sign with access to public view that is the same or better than the access enjoyed by other properties in the vicinity that are under an identical zoning classification.
4.The following conditions shall be imposed on all sign encroachment permits:
a.Design review pursuant to Section 31-5;
b.City Traffic Engineer review for traffic and safety hazards; and
c.The sign must otherwise be in compliance with this chapter and the sign guidelines.
5. Revocation.In the event that one or more of the conditions imposed on the sign encroachment permit is violated, the Community Development Director, after notice to the permittee with an opportunity to present a response, may thereafter revoke the permit.
6. Exception.A sign encroachment permit shall not be required for ballpark advertising banners or temporary private party signs on City property during construction projects as authorized in Table 31-1. (Ord. 3592 § 4, 2019; Ord. 3506 § 7, 2014; Ord. 3475 § 2, 2012)