Lower Court Ruling on Signs Upheld

The latest and possibly final chapter in the battle over pole signs in Agoura Hills has been written, with the 2nd District Court of Appeal upholding a lower court’s ruling that the city cannot enforce its pole sign ordinance.

The appellate court ruled Thursday that the Los Angeles Superior Court was correct in finding that the ordinance, enacted in 1985, is unlawful because it prohibits signs based on their height and size, rather than banning all pole signs. It also agreed the ordinance violates a state code protecting preexisting signs.

City officials said they are disappointed with the decision.

“This has been a sad saga in the history of Agoura Hills,” Mayor Fran Pavley said Friday.

In 1985, the city outlawed pole signs, and gave business owners seven years to remove them. None complied.

In 1993, voters overwhelmingly rejected two referendums that would have allowed the signs to remain.

“So when they lost in the court of public opinion, they turned around and sued the city,” Pavley said.

Although a few businesses agreed to take their signs down--at least one in exchange for city approval of a project--12 businesses sued the city for the right to keep their signs.

The plaintiffs include businesses catering to freeway travelers, such as gas stations and fast-food restaurants.

As a result of Thursday’s decision, older businesses are exempt from the ordinance unless they make major modifications, but no new pole signs can be erected within city limits, City Manager Dave Adams said.

“It’s a shame because cities across the state have the ability to use local land-use measures to improve the quality of their business districts,” Pavley said. “This would have put old businesses and new businesses on an even playing field.”

Pavley said she does not expect the City Council to appeal the ruling to the state Supreme Court.