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
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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
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None
None
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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