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