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HomeMy WebLinkAbout656ORDINANCE NO. 656 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, TEMPORARILY PROHIBITING THE ESTABLISHMENT OF DIGITAL DISPLAYS ON OUTDOOR ADVERTISING STRUCTURES AND PROHIBITING MODIFICATION OF EXISTING STRUCTURES PENDING CITY COUNCIL POLICY DIRECTION AND AN UPDATE OF THE CITY'S ZONING CODE TO ESTABLISH DEVELOPMENT STANDARDS AND REGULATIONS GOVERNING DIGITAL DISPLAYS WHEREAS, the Irwindale Municipal Code ("IMC"), including the Irwindale Zoning Code, currently lacks the ability to regulate digital displays on outdoor advertising structures; and WHEREAS, the City of Irwindale ("City") has received several inquiries and proposals from billboard consultants and operators regarding the possibility of locating new outdoor advertising structures with digital displays or to convert static displays of such structures with digital displays in the City; and WHEREAS, the City Council anticipates that (1) new outdoor advertising structures having digital displays may locate in the City before a non-urgency ordinance would become effective, and/or that (2) an operator may seek to convert an outdoor advertising structure to one having digital display(s) before a non-urgency ordinance would become effective; and WHEREAS, without appropriate standards to regulate outdoor advertising structures with digital displays on properties not controlled by the City or its related agencies, the City lacks the enforcement or contract powers to address any potential impacts from the installation of digital displays on such structures; and WHEREAS, City staff requires time to develop appropriate regulations for the regulation of digital displays on outdoor advertising structures in a manner that is consistent with applicable laws; and WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit the installation of digital displays on new or existing outdoor advertising structures within the City; and WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, Ordinance No. 656 Page 1 planning commission or the planning department is considering or studying or intends to study within a reasonable time. NOW, THEREFORE, the City Council of the Irwindale does ordain as follows: SECTION 1. Findings: A. There are currently no ordinances in the Irwindale Municipal or Zoning Code (collectively, "Code") specifically regulating or monitoring the location, zoning standards, or other aspects of locating digital displays on outdoor advertising structures. B. Although the City has made a conscientious effort to plan for outdoor advertising structures within specified zones and to anticipate conflicts between competing land uses in order to protect the public's health, safety, and welfare, the Code does not currently provide specific development regulations or definitions relative to the use or placement of digital displays upon such structures or the distribution of such digital displays in proximity of other such displays. C. The City has received proposals and applications for installing digital displays on either existing or new outdoor advertising structures within the City and has concerns that it lacks appropriate standards to regulate same. D. The establishment of digital displays on new or existing outdoor advertising structures without appropriate rules and regulations could result in the creation of negative secondary effects such as an increase in visual blight, distraction to drivers, overconcentration of displays, lack of standards to regulate brightness and distracting features on such displays and related matters. E. To allow time for the City to consider, study and enact regulations for the regulation of digital displays, it will be necessary to temporarily suspend the approval of the installation of digital displays on new or existing outdoor advertising structures as such uses may be in conflict with the development standards and implementation regulations that the City will ultimately impose after the City has considered and studied this issue, which shall be accomplished within a reasonable time. F. A moratorium will provide the City with time to draft and adopt appropriate regulations to regulate the location and operation of for such digital displays in a manner that is consistent with the Code, compatible with surrounding neighborhoods and in the best interests of the residents of the City. SECTION 2. Interim Prohibition From and after the date of this ordinance, no use permit, variance, building permit, or any other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish, a "digital display" upon any new or existing outdoor advertising structure and no operator Ordinance No. 656 Page 2 of an existing outdoor advertising structure shall be authorized to install a digital display on an outdoor advertising structure for a period of 45 days. For purposes of this ordinance, "outdoor advertising structure" shall mean a sign structure in a fixed location which meets any one or more of the following criteria: 1) It is used for the display of off-site commercial messages; 2) it is used for general advertising; 3) the message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operators(s) of the sign; 4) the sign is a principal or secondary use of the land, rather than appurtenant or accessory to some other principal use of the land. The term "outdoor advertising structure" shall also include those improvements defined at Irwindale Municipal Code section 17.08.405. The term "digital display" shall mean any face or panel of an outdoor advertising display utilizing LED (light emitting diode), LCD (liquid crystal display), plasma display, projected images, or any functionally equivalent technology, and which is capable of automated, remote or computer control to change the image. SECTION 3. Urgent Need Based on the foregoing recitals and findings which are all deemed true and correct, this interim ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare. This interim ordinance shall take effect immediately upon adoption and shall be of no further force and effect 45 days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858. SECTION 4. Authority Government Code Section 65858 provides that an urgency measure in the form of an initial interim ordinance may be adopted without prior public notice by a four-fifths vote of the City Council, which shall be effective for only 45 days following its date of adoption. Government Code Section 65858 further provides that such an urgency measure may be extended following compliance with that section for up to an additional 22 months and 15 days beyond the original 45-day period. SECTION 5. Penalties The definitions and penalties for land use violations that are prescribed in the Irwindale Zoning Code shall apply to violations of the provisions of this Interim Ordinance. Ordinance No. 656 Page 3 PASSED, APPROVED, and ADOPTED, this 9th da of May, 2012. David "Chico" Fuentes, Mayor ATT a TH ra M. Nieto, CMC puty City Clerk SECTION 6. Severability If any provision of this Interim Ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Interim Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Interim Ordinance are hereby declared to be severable. SECTION 7. Notice The City Clerk shall certify to the passage of this Interim Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. Ordinance No. 656 Page 4 None None None ra M. Nieto, CMC puty City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura Nieto, CMC Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 656 was duly introduced and adopted at a regular meeting of the Irwindale City Council held on the 9 th day of May, 2012 by the following vote of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Breceda, Garcia, Ortiz, Miranda, Mayor Fuentes Ordinance No. 656 Page 5