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HomeMy WebLinkAbout658ORDINANCE NO. 658 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, EXTENDING BY 10 MONTHS AND 15 DAYS ORDINANCE NO. 656 TEMPORARILY PROHIBITING THE ESTABLISHMENT OF DIGITAL DISPLAYS ON OUTDOOR ADVERTISING STRUCTURES AND PROHIBITING MODIFICATION OF EXISTING STRUCTURES TO DIGITAL DISPLAYS 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 City Council of the City of Irwindale ("City Council"), at its regular meeting of May 9, 2012, and pursuant to Government Code Sections 65858, 36934 and 36937, adopted Interim Urgency Ordinance No. 656 establishing a moratorium (the "Moratorium") on the granting of building permits for the establishment of digital displays on outdoor advertising structures and prohibiting modification of existing structures to digital displays pending the completion of an amendment to the Zoning Ordinance; and WHEREAS, staff will not be able to complete all of the required studies and analyses and the preparation of the proposed amendment to the Zoning Ordinance before June 22, 2012, the date that the 45-day moratorium expires; and WHEREAS, all of the findings cited in Interim Urgency Ordinance No. 656, concerning the existence of an immediate and current threat to the public safety, health and welfare still remain, due to the fact that 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; and WHEREAS, the City Council, acting through its planning staff, has issued the written report required pursuant to Government Code Section 65858(d) describing the measures taken to date to alleviate the conditions which led up to the adoption of Interim Urgency Ordinances No. 656, which report is also incorporated herein by this reference as if set forth in full; and WHEREAS, pending completion of the tasks set forth in such report, the City Council finds and determines that there is a need to extend Interim Urgency Ordinance No. 656 for an additional time period of ten (10) months and fifteen (15) days (the "Project") as authorized by Government Code Section 65858(a) to enable City staff to further research and develop a revised ordinance that addresses the City's concerns, which were the basis for the Moratorium, which research will include, but not be limited to the following: a. Survey of the location and type of existing billboards within the City to determine appropriate standards; and Ordinance No. 658 Page 1 b. Survey of other cities to learn about their regulatory requirements concerning digital billboards, and assess their applicability to Irwindale; and c. Drafting a new ordinance regulating new digital billboards and the conversion of existing static billboards to digital. WHEREAS, Government Code Sections 36937 and 65858 expressly authorize the City Council to adopt an ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning ordinance which the City Council, the Planning Commission or the Planning Department is considering studying or intends to study within a reasonable period of time; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the City of Irwindale, as the lead agency, has analyzed the Project and determined that there is no possibility that the adoption of this Ordinance extending the Moratorium may have a significant effect on the environment and, therefore, the adoption of this Ordinance is exempt from the requirements of CEQA pursuant to the provisions of CEQA Guidelines Section 15061(b)(3); and WHEREAS, subsequent to notice pursuant to Government Code Section 65090, the City Council has conducted a public hearing on the extension proposed herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Irwindale finds that the above recitals are true and correct. SECTION 2. Continuing from and after the date of this Interim Ordinance, neither the City Council nor the Planning Department shall grant any permits, or the like, relating to digital billboards pending completion of studies and related planning and zoning ordinances for the establishment of a new zoning ordinance and development standards for digital billboards. SECTION 3. This Interim Ordinance shall not apply to any application for any permit relating to digital billboards where such application has, prior to May 9, 2012, been deemed complete by City staff. SECTION 4. This Interim Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Irwindale by Government Code Sections 36937 and 65858, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove. Ordinance No. 658 Page 2 SECTION 5. In adopting this Interim Ordinance extending Interim Urgency Ordinance No. 656, the City Council finds and determines that each of the recitals contained in this ordinance are true and correct, and that the adoption of this Interim Ordinance is necessary to protect the public safety, health and welfare, as those terms are defined in Government Code Section 65858(a), in at least the following respects: a. Were the City Council or the Planning Department to grant any permit, or the like, relating to digital billboards during the pendency of the studies necessary to revise the City's zoning ordinance relating to comprehensive and adequate provisions in the Zoning Code relating to digital billboards on any property in the City, such approvals could undermine the orderly development of property within the City, resulting in a reduction of the quality, caliber and aesthetics of the development of such property insofar as such displays could create 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; and b. Were the City Council or the Planning Department to grant any permit, or the like, relating to digital billboards during the pendency of the studies necessary to revise the City's zoning ordinance relating to digital billboards, such approvals could undermine the orderly development of property within the City, resulting in the inability of the City to assure that property is developed to its highest and best use as allowed by law; and c. Were the City Council or the Planning Department to grant any permit, or the like, relating to digital billboards during the pendency of the studies necessary to revise the City's zoning ordinance relating to digital billboards, such approvals could authorize development which is in violation of State laws. SECTION 6. This Interim Ordinance, unless duly extended, shall be of no further force or effect ten (10) months and fifteen (15) days from and after the date of its adoption. SECTION 7. 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. PASSED, APPROVED, and ADOPTED, this 13th day of June, 2012. Ordinance No. 658 Page 3 None None None lbw ra M. Nieto, CMC puty City Clerk ATTEST: /14 a ra M. Nieto, CMC eputy City Clerk . STATE OF CALIFORNIA COUNTY OF LOS ANGELES S S. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 658 was duly was duly introduced and adopted at a regular meeting of the Irwindale City Council held on the 13 th day of June 2012, by the following vote of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Breceda, Garcia, Ortiz, Miranda, Mayor Fuentes AFFIDAVIT OF POSTING I, Laura Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 658, adopted by the City Council of the City of Irwindale at its regular meeting held June 13, 2012, to be posted at the City Hall, Library, and Post Office on Jane 14, 2012: Ordinance No. 658 Page 4 Dated: June 14, 2012