Commerce Municipal Code Div. 4 Off-Site Digital Billboard Signs

The purpose of this section is to allow and regulate off-site digital billboard signs. Digital billboard signs are typically positioned on highly visible, heavy traffic locations such as freeways and major roadways. Nothing in this section is intended to amend any other provision of this chapter, which apply to identification signs and signs that relate to the business, goods, activities, or services being provided on the premises where the sign is located. Digital billboard signs, as referenced in this chapter may be new or replacement billboard signs.

(Ord. No. 824, § 4, 10-28-2025)

The construction of a digital billboard, or replacement of an existing static billboard with the intent to install a new digital display(s) and convert to a digital billboard sign is allowed only upon city council approval of a development agreement as defined in this chapter, with appropriate standards and public benefits to be negotiated with the city, at its sole discretion, which shall also comply with all other standards imposed by this chapter. Digital billboards constructed on property owned by the city or its related agencies may also be accomplished by a lease or license agreement in lieu of a development agreement.

(Ord. No. 824, § 4, 10-28-2025)

The provisions of this section are in addition to any standards imposed by a development agreement, lease or license agreement provided, however, that where any standard imposed by a development agreement, lease or license agreement differ from the general standards set forth in this section, the standards imposed by the development agreement, lease or license agreement shall apply over the general standards as a matter of public interest.

A. Sign Face Dimensions.

1. The maximum total sign area for any new digital billboard sign shall be one thousand two hundred square feet per sign face, and each sign face shall not exceed twenty-five feet in height and sixty feet in length.

2. The maximum total sign area for a replacement static billboard to a digital billboard sign shall not exceed the existing static display sign area, except for freeway oriented billboard signs, which shall not exceed the sign area as provided herein for a new digital billboard sign. For purposes of this section, sign area shall mean and include any frame or material forming an integral part of the display but excluding support structures.

3. Bidirectional or double-faced signs shall be located on the same structure. For parallel double-faced signs, the distance between sign faces shall not exceed eight feet. For "V-shaped" double-faced signs, the distance between sign faces shall not exceed forty-five feet at their widest point and shall not exceed eight feet at their closest point.

B. Structure Design.

1. Each structure shall have no more than two poles, and shall be constructed of noncombustible material.

2. No digital billboard shall have more than one digital display surface oriented in the same vertical plane, for a maximum of two digital display surfaces back-to-back.

C. Height.

1. The overall height of a new digital billboard structure, which shall include the digital display and any frame or material forming an integral part of the display, shall not be limited to the maximum height limit of the zone in which the billboard is located. The overall height shall not exceed seventy-five feet measured from the higher of either:

a. The finished grade of the roadway adjacent to the lot on which the structure is located and from which the advertising display is to be viewed; or b. The finished grade of the base of the sign.

2. The overall height of the new structure may exceed seventy-five feet due to obstructions and freeway elevation, with the approval of the director.

3. The overall height of a replacement digital billboard structure shall not exceed the height of the existing static billboard structure except in the case of a freeway-oriented billboard sign, which shall not exceed the height requirement of a new digital billboard structure.

D. Location. The location of a new digital billboard sign shall be restricted as follows:

1. New digital billboard signs shall be located only in an area immediately adjacent to the I-5 and I-710 freeways that is zoned for commercial or industrial uses. Replacement digital billboard signs shall be located only in a commercial or industrial zone.

2. Digital billboard signs shall not be located on public property, except for structures being considered as part of a city lease or license agreement. No portion of any sign or structure shall be located on, project into, beneath, or above the public right-of-way.

3. Digital billboard structures projecting over a private pedestrian walkway, driveway or driving aisle shall have a minimum clearance of thirty feet between the lowest point of the sign and the finished walkway or driveway finished grade.

4. Digital billboard signs shall comply with the California Department of Transportation requirements for placement and operation.

5. Maintenance, repair and other related operations of a digital billboard sign shall be conducted completely upon the billboard site and shall not use or encroach on any public right-of-way.

6. Digital billboard sign structures shall be placed at least two hundred fifty feet from any residential zone or residential use, unless a reduced separation distance is approved by the director based on the photometric study required under Section 19.25.190(A)(9) that demonstrates there is no significant additional light intrusion onto a residential zone or residential use. The measurement shall be from the closest edge of the structure to the closest edge of the residential zone or closest property line on which a residential use is located.

7. New freeway oriented digital billboard signs shall not be located within one thousand feet of another digital billboard sign on the same side of the freeway. For purposes of this section, measurements shall be made from the closest edge of the sign panel.

a. Development agreements or a lease or license agreement for a new digital billboard may provide for a reduced distance, but not less than one thousand five hundred feet in due consideration of other public benefits provided in the development agreement, or lease or license agreement, including, but not limited to, the concurrent takedown of existing static displays or digital displays within the city.

8. When the replacement of a static billboard sign results in the construction of a new digital billboard sign, the new digital billboard sign shall not be located within a five hundred foot radius of any existing billboard sign (static or digital) on the same side of the public right-of-way. For purposes of this section, measurements shall be made from the closest edge of the sign panel.

9. No digital billboard sign shall be permitted within any freeway landscaped area under the jurisdiction of the California Department of Transportation, unless a relocation agreement is entered into with Caltrans.

E. Prohibited Signs. The following types of signs shall not be permitted on billboards:

1. Any form of moving, animated, oscillating or rotating sign, or any other design intended to attract attention through movement or the semblance of movement of the whole or any part of the sign or any other method or device that suggests movement.

2. Inflatable signs (including generator driven/externally powered inflatables).

3. Flashing signs, containing internally and/or externally illuminated light or other devices which are intermittently on and off, which change in intensity, or which create the illusion of flashing in any manner, except that a digital display may be allowed subject to appropriate standards.

F. Appearance and Operations.

1. No digital billboard sign, including its supporting structure and lighting, shall present any hazard to the safety of pedestrian or vehicular traffic by obstructing the flow of such traffic, obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, interfering with the visibility and effectiveness of any traffic control or warning device, or in any other manner, as determined by the director or his designee.

2. No digital billboard sign face or sign area shall be added to an existing billboard unless within a permanent frame or panel indicated for such purpose on approved plans for the total sign structure.

3. Walls or screens at the base of a digital billboard sign or other support structures shall not create a hazard to public safety or become an attractive nuisance and shall be continually maintained in good condition and free from graffiti, weeds, or other blight conditions.

4. The images will change instantaneously, with no special effects or video.

5. No digital billboard sign message shall move or include animation, flashing lights, or the varying of light intensity, nor shall the digital advertising sign's illumination impair the vision of travelers on the adjacent roadways.

6. No digital billboard sign shall simulate or imitate any directional, warning, danger, or information sign, or any other display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning or direction to traffic, for example using such words or phrases as "stop" or "slow down.

7. Each digital billboard sign shall have a light sensing device that will automatically adjust the brightness as ambient light conditions changes to not more than 0.3 footcandles at the following distances, as established in the 2000 Lewin Lighting Study, including any future amendments or updates thereto:

8. Each digital billboard sign shall be designed with integrated systems and monitoring capabilities that ensure the display automatically shuts off or transitions to a full black screen in the event of a malfunction which effects more than ten percent of the screen, ensuring minimal disruption and safety.

9. No digital billboard sign shall display any obscene language or images, as the term is defined in Section 311 of the California Penal Code, including any amendments or successor statutes thereto.

10. Digital billboard signs shall plainly display and be visible from no less than one hundred feet, the name of the person or company owning or maintaining digital billboard and the digital billboard sign identification number.

11. Digital billboard sign structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of a digital billboard, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the director.

12. Each digital billboard sign shall be connected to the National Emergency Network (or any successor network thereto) and provide emergency information, including child abduction alerts (i.e., "Amber Alerts") or other missing persons or emergency alerts as may be issued by local, state, or federal authorities, in accordance with local and regional first responder protocols.

13. The developer of a digital billboard sign shall underground all utilities installed in connection with the digital billboard sign.

14. Digital billboard sign modifications and replacements shall only apply to legal conforming and legal non-conforming signs. Any illegal signs must be removed.

15. Digital billboard signs shall be operated and maintained in compliance with Business and Professions Code Section 5403.

16. The owner and/or operator of the digital billboard sign shall, at all times, comply with the approvals of the California Department of Transportation Outdoor Advertising Division as applicable.

17. The owner and/or operator of the digital billboard sign shall comply with all applicable federal, state, or local laws when constructing, operating, improving, maintaining, repairing, and removing the digital billboard sign, including the Highway Beautification Act of 1965 (23 U.S.C. Section 131), the Outdoor Advertising Act (Business and Professions Code, Section 5200 et seq.), and the regulations promulgated to implement the Outdoor Advertising Act (4 Cal. Code Regulations. Section 2242(c) et seq.).

18. The requirements set forth in this subsection, shall be in addition to any other conditions and requirements contained in a development agreement or lease or license agreement. If any condition or requirement imposed in a development agreement or lease or license agreement conflict with the general requirements set forth in the sections above, the general requirements of the development agreement or lease or license agreement shall control. For purposes of this subsection, conditions or requirements contained in the development agreement, or lease or license agreement that are more restrictive than those contained in the general requirements in this section shall not be deemed in conflict and shall control.

G. Landscaping. Where appropriate, as determined by the director, the site upon which a digital billboard sign is located shall be landscaped to achieve a consistent theme to visually integrate the digital billboard with the surrounding environment, in accordance with the following guidelines:

1. The landscaping goal is to ensure that the property on which the structure is located is fully landscaped along the freeway frontage. For larger parcels containing more than one billboard sign, landscaping should be provided along a portion of the freeway frontage that is proportionate to the number of signs on the property. The intent of the landscaping is not to obstruct views of the billboard sign structures within their viewshed, defined as a distance of one-quarter mile from the sign face, but to enhance the visual character of the site and its surroundings.

2. The plant materials used for landscaping shall be drought-resistant and irrigated with an automatic drip irrigation system. Irrigation systems may be installed on the surface if a licensed landscape architect establishes a maintenance plan that may allow the irrigation to be discontinued if the plant materials reach a level of maturity and condition that would permit it without damage to the plant material.

3. Landscape plans shall be accompanied by a photographic view study of the structure; both within its view shed and from a more distant approach to the view shed of the structure. This study shall demonstrate the effectiveness of the proposed landscape plan and its compliance with the preceding provisions.

(Ord. No. 824, § 4, 10-28-2025)

A. Application Requirements. Any person wishing to erect a new digital billboard sign or replace an existing static billboard sign with a digital display shall submit a request in writing for approval of a development agreement, or a lease or license agreement if proposed on city owned property, pursuant to Division 2 of Chapter 19.39 of this Title 19 that includes the following:

1. The name, address, phone number, and other contact information of the person proposing the agreement.

2. The location of the proposed digital billboard sign or replacement billboard sign, and static sign(s) to be removed or takedowns, if applicable.

3. Information that establishes that the person proposing the development agreement, lease or license agreement has legal or equitable interest in the proposed new or replaced digital billboard sign, and proof of legal or equitable interest in the proposed site including, but not limited to, a fee interest, lease, license, easement, or other entitlement demonstrating the right to install and operate the digital billboard sign on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.

4. A narrative describing the proposed compensation or public benefits to be provided to the city.

5. Conceptual design drawings of the digital billboard sign that includes technical specifications to determine the digital billboard sign's compliance with this chapter.

6. Photos of all existing signage, and architectural renderings and elevations of the proposed digital billboard sign.

7. A scaled site plan and elevations, and a vicinity map showing the locations of all existing structures and improvements on the property, and the proposed billboard sign and related structures and improvements.

8. Photo simulations, as determined by the director, of the before and after physical site appearance from views.

9. A photometric study prepared by a certified lighting engineer demonstrating the proposed digital billboard sign's compliance with the operational requirements provided herein. Once installed, the operator shall obtain a written certification from the sign installer or manufacturer stating that the lighting requirements and light sensing device as required in Section 19.25.180(F)(7) above is installed, operational and meets the standards. At any time following the installation of the structure, the operator shall, upon request by the city, provide documentation demonstrating compliance with the lighting standards.

10. Landscaping plans showing proposed irrigation system and the location, type and size of landscape plants identifying the location, quantity and type of plant material proposed for the site, and as required in Section 19.25.180(G) above.

11. Such other documents, materials, or information deemed reasonably necessary by the director.

B. Fees.

1. The applicant shall pay a filing fee as set by resolution of the city council. This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city's review of the application.

2. The applicant shall pay the cost of any environmental studies and reports necessary for the completion of the environmental review of the proposal pursuant to the California Environmental Quality Act.

C. Review Procedures.

1. A development agreement, or lease or license agreement in the case of city owned property, shall be reviewed by the planning commission at a duly noticed public hearing, pursuant to the procedures set forth in Division 3 of Chapter 19.39 of this Title 19. The planning commission shall review such agreement and make a recommendation to the city council whether the proposed digital billboard sign meets the required findings set forth in subsection (3) below.

2. The city council shall conduct a duly noticed public hearing following the planning commission recommendation to consider approval of the agreement. The hearing before the city council shall be noticed in accordance with Division 3 of Chapter 19.39 of this Title 19 and may be continued from time to time. In order to approve an agreement, the city council shall make all of the findings as set forth in subsection (3) below.

a. Development agreements shall be approved by ordinance.

b. Lease and license agreements shall be approved by resolution.

3. Findings for approval of a development agreement or lease or license agreement (agreement). The city council shall approve the agreement if it finds the following:

a. The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, the Municipal Code, and any applicable specific plans.

b. The proposed use is compatible with the uses and structures on the site and in the surrounding area.

c. The proposed digital billboard sign would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility.

d. The proposed digital billboard sign would not interfere with on-site parking or landscaping required by city ordinance or permit.

e. The proposed digital billboard sign would not otherwise result in a threat to the general health, safety, and welfare of city residents.

f. The proposed digital billboard sign, in addition to its aesthetic treatment, provides substantial public benefits that would not otherwise accrue to the public in the absence of its installation with said benefits determined solely by the city council.

(Ord. No. 824, § 4, 10-28-2025)