United Business Commission v. City of San Diego

United Business Commission and D.H.E. Enterprises, Inc., appeal from a declaratory judgment which held the City of San Diego’s (City) on-premises sign ordinance (Ord. No. 11718 [new series] and its amendments) constitutional. For the reasons which we will discuss, we have concluded the ordinance, including the imposition of reasonable sign inventory fees, is a valid exercise of the city’s police power. The sign inventory fee is a regulatory license fee which does not violate the constitutional right of freedom of speech and does not deny to owners or users equal protection of the laws. The provisions of the ordinance are clear and reasonably certain in nature, affording substantive due process to those persons affected. We also conclude the amortization scheme for nonconforming signs to be reasonable on its face, as well as in its application to the property of D.H.E. Enterprises, Inc. We affirm the judgment.

Factual and Procedural Background

On March 6, 1973, the San Diego City Council enacted a comprehensive “on-premises” sign ordinance, regulating the “on-premises” signs in the commercial and industrial zones within the City (Ord. No. 11000 [new series]). The…