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HomeMy WebLinkAbout659ORDINANCE NO. 659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING CHAPTERS 17.08, 17.72 AND 17.76 OF THE CITY OF IRWINDALE MUNICIPAL CODE, REGARDING BILLBOARDS AND REPEAL URGENCY ORDINANCE NO. 656, WHICH PROHIBITS THE ESTABLISHMENT OF NEW OR CONVERTED DIGITAL DISPLAYS OF OUTDOOR ADVERTISING STRUCTURES, WHICH WILL AFFECT PROPERTIES CITYWIDE WHEREAS, the City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, the Applicant, has made a request for a Zone Ordinance Amendment (ZOA 1-12) to the Irwindale Municipal Code regarding billboards, which will affect properties Citywide, to initiate a change to the code; and WHEREAS, on June 20, 2012, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application and recommended that the City Council approve the Zone Ordinance Amendment, subject to the approval of an ordinance, which would detail the specific conditions under which such portion of the Application was approved; and WHEREAS, on July 11, 2012, the City Council opened a duly noticed public hearing, as required by law on the Application, took testimony on the Application, and left the public hearing open and continued the public hearing to the July 25, 2012 City Council meeting; and WHEREAS, on July 25, 2012, the City Council conducted a duly noticed public hearing, as required by law, on the Application and recommendation of the Planning Commission to approve this Zone Ordinance Amendment which provides standards for billboards in the City, took testimony and reviewed relevant documentary evidence and conducted a first reading of the Zone Ordinance Amendment. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 17.08 "Definitions" of the Irwindale Municipal Code, shall be revised to add section 17.08.067, entitled "Billboard" and delete section 17.08.405, entitled "Outdoor advertising structure" to read as follows: Ordinance No. 659 Page 1 Chapter 17.08- DEFINITIONS Sections: 17.08.005 - Generally. 17.08.010 - Abut, adjoining or contiguous. 17.08.015 - Access. 17.08.020 - Accessory use. 17.08.025 - Adjacent. 17.08.030 - Alley. 17.08.035 - Apartment. 17.08.040 - Apartment house. 17.08.045 - Asphalt plant. 17.08.050 - Assessor. 17.08.055 - Automobile dismantling yard. 17.08.060 - Basement. 17.08.065 - Batching plant. 17.08.067 - Billboard 17.08.070 - Borrow pit. 17.08.075 - Building. 17.08.080 - Building, accessory. 17.08.085 - Building height. 17.08.090 - Building, main. 17.08.095 - Carport. 17.08.100 - Cellar. Ordinance No. 659 Page 2 17.08.105 - Centerline. 17.08.110 - Child care center. 17.08.115 - City. 17.08.120 - Club, private. 17.08.125 - Commission. 17.08.130 - Convalescent home. 17.08.135 - Council. 17.08.140 - Court. 17.08.145 - Dairy. 17.08.150 - Day camp. 17.08.153 - Day spa. 17.08.155 - Detached living quarters. 17.08.160 - Director. 17.08.165 - Duplex. 17.08.170 - Dwelling, multiple. 17.08.175 - Dwelling, one-family. 17.08.180 - Dwelling, three-family. 17.08.185 - Dwelling, two-family. 17.08.190 - Dwelling unit. 17.08.195 - Dump, inert solid. 17.08.200 - Dump, rubbish and refuse. 17.08.205 - Educational institution. 17.08.210 - Explosives. Ordinance No. 659 Page 3 17.08.215 - Family. 17.08.220 - Floor area, gross. 17.08.225 - Garage. 17.08.230 - Gender. 17.08.235 - Grade, ground level. 17.08.240 - Gradient. 17.08.245 - Guesthouse. 17.08.250 - Guestroom. 17.08.255 - Height. 17.08.260 - Highway, major. 17.08.265 - Highway, secondary. 17.08.270 - Hog ranch. 17.08.275 - Home for the aged. 17.08.280 - Home occupation. 17.08.285 - Hospital. 17.08.290 - Household pet. 17.08.295 - Junk and salvage yard. 17.08.300 - Kitchen. 17.08.305 - Landscaping. 17.08.310 - Lot or parcel of land. 17.08.315 - Lot area. 17.08.320 - Lot, corner. 17.08.325 - Lot depth. Ordinance No. 659 Page 4 17.08.330 - Lot, interior. 17.08.335 - Lot, key. 17.08.340 - Lot line, front. 17.08.345 - Lot line, rear. 17.08.350 - Lot line, side. 17.08.355 - Lot, reversed corner. 17.08.360 - Lot, through. 17.08.365 - Lot, width. 17.08.370 - Massage Establishment (see IMC Section 9.64.010) 17.08.372 - May. 17.08.375 - Medical clinic. 17.08.376 - Medical marijuana dispensary. 17.08.380 - Nonconforming use of structure, lawful. 17.08.385 - Nursery school. 17.08.390 - Nursing and convalescent hospital. 17.08.395 - Oath. 17.08.400 - Open space. 17.08.410 - Parking space or facilities, off-street. 17.08.412 - Places of worship. 17.08.415 - Person. 17.08.418 - Parks. 17.08.420 - Plural. 17.08.425 - Quarry. Ordinance No. 659 Page 5 17.08.426 - Quarry operations—Definitions. 17.08.430 - Recorder. 17.08.431 - Recycling facility. 17.08.433 - Residential garage sales. 17.08.435 - Sanitarium and sanatorium. 17.08.436 - Second unit, residential. 17.08.440 - Shall. 17.08.445 - Sign. 17.08.450 - Singular. 17.08.455 - Sloping terrain. 17.08.460 - Solid fill. 17.08.465 - Solid fill project. 17.08.470 - State. 17.08.475 - Story. 17.08.480 - Story, half. 17.08.485 - Street. 17.08.490 - Structure. 17.08.491 - Swap meets. 17.08.495 - Tenses. 17.08.500 - Transfer station. 17.08.505 - Triplex. 17.08.510 - Unit, commercial and manufacturing. 17.08.515 - Use. Ordinance No. 659 Page 6 17.08.520 - Writing. 17.08.525 - Yard. 17.08.530 - Yard, front. 17.08.535 - Yard, rear. 17.08.540 - Yard, side. SECTION 3. Section 17.08.067, entitled "Billboards" shall be amended to redefine the term billboard and rename it from "Outdoor Advertising Structure" to read as follows: Billboard - A sign soliciting public support or directing public attention to the sale, lease, hiring or use of any objects, products or service. For purposes of this Chapter, a billboard shall not include a sign solely advertising the business located on the premises where such sign is erected and maintained. SECTION 4. Chapter 17.72, entitled "Billboards" is hereby amended to add Section 17.72.010, entitled "Legislative Intent of the Municipal Code", revise Section 17.72.030 (formerly Section 17.72.020), entitled "Development Agreement required", add Section 17.72.040, entitled "Definitions", revise Section 17.72.050 (formerly Section 17.72.030), entitled "General Standards" and delete Section 17.72.040, entitled "Amortization of non-confirming uses", to read as follows: Chapter 17.72- BILLBOARDS 62 Sections: 17.72.010 - Legislative Intent 17.72.020 - Application of chapter. 17.72.030 - Development Agreement Required. 17.72.040 - Definitions. 17.72.050 - General standards. 62 Prior history: Prior code Sections 9600 through 9602 amended by Ords. 209, 225 and 243. Ordinance No. 659 Page 7 17.72.010 - Legislative Intent The City finds that there is an overconcentration of billboards within its jurisdiction, especially within the 1-210 and 1-605 Freeways, which necessitate careful consideration of any new billboards or conversion of existing billboards to digital displays. The intent of this Chapter is to limit increases in the total number of billboards along the 1-210 and 1-605 Freeways, and encourage the removal and replacement of existing billboards with newer technology that allows for multiple advertisements, while reducing the need for separate billboard structures. 17.72.020 - Application of chapter. The provisions of this chapter shall apply to all off-site outdoor commercial advertising structures, i.e., billboards, within the city. 17.72.030 - Development Agreement Required. A. Repair/ Replacement of Existing Billboards. The repair or replacement of billboards with static, non-digital displays is permitted in commercial, quarry or industrial zones, subject to obtaining appropriate demolition, building, and other required ministerial permits and complying with all other standards imposed by this chapter. All existing outdoor commercial advertising structures that are not in compliance with the requirements of this chapter are declared to be nonconforming uses. B. New Static or Digital Billboards. The construction of new static or digital billboards or modification or replacement of billboards to install any static or digital display is allowed only upon approval by the City of a Development Agreement, with appropriate standards and public benefits to be negotiated with the City and complying with all other standards imposed by this chapter. Billboards constructed on property owned by the City or its related agencies may also be accomplished by lease or license in lieu of a development agreement and any reference to a development agreement in this Chapter shall include leases or licenses on such properties. 17.72.040 — Definitions A. Billboard — A sign soliciting public support or directing public attention to the sale, lease, hiring or use of any objects, products or service. For purposes of this Chapter, a billboard shall not include a sign solely advertising the business located on the premises where such sign is erected and maintained. B New Construction — The construction of a new billboard (static or digital display) including the sign face and support structure. Ordinance No. 659 Page 8 C. Repair — The changing of the sign face and/or support structure to a comparable design (like for like) due to damage. A modification shall be limited to static to static or digital to digital. D. Replacement — The complete replacement of a static billboard (face and support structure as needed) with a digital display. E. Static Display — The face of a billboard that has a fixed, printed face; is not digital and does not have a variable message display. F. Digital Display — The face of a billboard that is comprised of a digital or electronic face with intermittent messages. G. Billboard Identification Sign — The sign which displays the name of the billboard owner and identification number. 17.72.050 - General Standards. The provisions of this section are in addition to any standards imposed by the Development Agreement, provided, however, that where any standard imposed by a Development Agreement, lease or license differ from the general standards set forth in this section, the standards imposed by the Development Agreement shall apply over the general standards as a matter of public interest. A. Sign Face Dimensions. The area of the sign face of a billboard shall not exceed six hundred and seventy five square feet, excluding border, trim, cutouts and other special advertising features or additions and base or apron supports and other structural members. 1. Cutouts and other special advertising features or additions to a sign face shall not exceed in area 10 percent of the total sign face dimensions. 2. Three-dimensional design elements shall not extend more than five feet beyond the front of the sign face or sign side. 3. Bidirectional or double-faced signs shall be located on the same structure. For parallel double-faced signs, the distance between sign faces shall not exceed eight feet. For "V-shaped" double-faced signs, the distance between sign faces shall not exceed forty-five feet at their widest point and shall not exceed eight feet at their closest point. 4. Billboard identification signs shall have a minimum character height of two feet. Ordinance No. 659 Page 9 B. Structure Design. Each structure shall have no more than two poles, and shall be constructed of noncombustible material. C. Height. The overall height of each structure shall not be limited to the maximum height limit of the zone, in which the billboard is located. The height shall not exceed sixty-five feet or, exclusive of cutouts or special additions, measured from the higher of either: 1. The finished grade of the roadway adjacent to the lot on which the structure is located and from which the advertising display is to be viewed, or 2. The finished grade of the base of the sign. D. Location. The location of billboards shall be restricted as follows: 1. Structures shall be located only in area immediately adjacent to the 1-605 and 1-210 freeways that is zoned for commercial, quarry or industrial uses. 2. Structures shall not be located on public property or rights-of-way. No portion of any sign or structure shall located on, project into, beneath, or above the public right-of-way. 3. Maintenance, repair and other related operations shall be operated completely upon the billboard site and shall not use or encroach on any public right-of-way. 4. Structures shall not be located within the setbacks that apply to the zone in which the structure is located. 5. Structures shall not be located within five feet of a building or other structure. 6. 11/4.1ew billboards shall not LL - located within two thousand five hundred feet of another billboard on the same side of the public right-of-way. Existing billboards may not be replaced unless they are outside of a minimum five hundred foot buffer of another billboard. For purposes of this section, measurements shall be made from the centerline of the support structure if a single pole and from the angle of intersection if a perpendicular (V-shaped) sign. Development Agreements for new billboard structures with Digital displays may provide for a reduced buffer, but not less than one thousand five hundred feet in due consideration of other public benefits provided in the Development Agreements, including, but not limited to, the concurrent takedown of existing Static Displays or Digital Displays within the City. 7. When the replacement of a static billboard results in the construction of a new digital display, the new billboard shall not be located within a five hundred foot radius of any existing billboards (static or digital) on the same side of the Ordinance No. 659 Page 10 public right-of-way. For purposes of this section, measurements shall be made from the centerline of the support structure if a single pole and from the angle of intersection if a perpendicular (V-shaped) sign. E. Prohibited Signs. The following types of signs shall not be permitted on billboards: 1. Any form of moving, animated, oscillating or rotating sign, or any other design intended to attract attention through movement or the semblance of movement of the whole or any part of the sign or any other method or device that suggests movement; 2. Inflatable signs (including generator driven/externally powered inflatables); 3. Flashing signs, containing internally and/or externally illuminated light or other devices which are intermittently on and off, which change in intensity, or which create the illusion of flashing in any manner, except that a digital display may be allowed subject to appropriate standards. F. Appearance. No billboard, including its supporting structure and lighting, shall present any hazard to the safety of pedestrian or vehicular traffic by obstructing the flow of such traffic, obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, interfering with the visibility and effectiveness of any traffic control or warning device, or in any other manner, as determined by the city manager or his designee. 1. Specifications regarding illumination, intermittent messaging, intensity, flashing and/or any other visual transformations shall be detailed in the Development Agreement. 2. The images on the digital billboard faces will not change more often than every eight (8) seconds. The images will change instantaneously, with no special effects or video. Any form of moving, animated, oscillating or rotating sign, or any other design intended to attract attention through movement or the semblance of movement of the whole or any part of the sign or any other method or device that suggests movement is prohibited. 3. All signs shall be designed and maintained to be compatible with the design and materials used in the structure on which the sign is located; 4 No sign face or sign area shall be added to an existing sign unless within a permanent frame or panel indicated for such purpose on approved plans for the total sign structure; Ordinance No. 659 Page 11 5. All signs shall be maintained in good condition and working order, as determined by the city manager or his designee, and free of graffiti, peeling paint, faded colors and/or broken and damaged materials. G. General Standards. All billboards must comply with the following standards: 1. Billboard modifications and replacements shall only apply to legal conforming and legal non-conforming signs. Any illegal signs must be removed. 2. The developer shall, at all times, comply with the approvals of the California Department of Transportation Outdoor Advertising Division. 3. The developer shall underground all utilities installed in connection with the billboard, where feasible. H. Adjacent Landscaping. Where appropriate, the properties upon which billboards are located shall be landscaped to achieve a consistent freeway corridor landscaping theme in accordance with the following guidelines: 1. The landscaping objective is to see the property on which the structure is located landscaped completely along the freeway frontage, or on larger parcels with more than one billboard, a distance determined to be a proportionate share of the property's freeway frontage. Landscaping is not intended to block the view of the structures within their view shed, a distance of one-quarter mile from the sign face. 2. The structures shall be landscaped with a backdrop effect, utilizing fast growing, vertical formed trees, such as California Bay; Fern Pine; Coast Live Oak; or other similar non-invasive species. 3. The structures should be framed with trees of a broad form, such as native oak varieties, or other similar non-invasive species. 4. Sites that are on quarry or landfill properties shall be landscaped with shrubs and trees so as to effectively screen the property from freeway views. 5. The plant materials used for landscaping shall be drought-resistant and irrigated with an automatic drip irrigation system. Irrigation systems may be installed on the surface if a licensed landscape architect establishes a maintenance plan that may allow the irrigation to be discontinued if the plant materials reach a level of maturity and condition that would permit it without damage to the plant material. 6. Landscape plans shall be accompanied by a photographic view study of the structure; both within its view shed and from a more distant approach to the Ordinance No. 659 Page 12 ATTEST: ura M. Nieto, CMC eputy City Clerk view shed of the structure. This study shall demonstrate the effectiveness of the proposed landscape plan and its compliance with the preceding provisions. SECTION 5. Section 17.76.110 entitled "Termination—By operation of law" shall be amended to delete sub-section 17.76.110(D), entitled "Outdoor advertising signs and structures, three years", and all subsections following Subsection 17.76.110(C) shall be renumbered to address the removal of Subsection 17.76.110(D). SECTION 6. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption. SECTION 7. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. SECTION 8. Upon the effective date of this ordinance, Urgency Ordinance No. 656, extending the moratorium on temporarily prohibiting the establishment of new or converted digital displays of outdoor advertising structures, shall terminate and be of no further force or effect. SECTION 9. City staff is directed to prepare and file a Notice of Exemption under the California Environmental and Quality Act (CEQA) in connection with this project. PASSED, APPROVED, AND ADOPTED this 8 th day of Augrat 20 Ordinance No. 659 Page 13 ra M. Nieto, CMC puty City Clerk Dated: August 9, 2012 Ordinance No. 659 Page 14 ura M. Nieto, CMC Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 659 was duly introduced at a regular meeting of the Irwindale City Council held on the 25 th day of July 2012, and was duly approved and adopted on second reading at its regular meeting held on the 8 th day of August 2012, by the following vote of the Council: AYES: Councilmembers: Breceda, Garcia, Ortiz, Miranda, Mayor Fuentes NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None AFFIDAVIT OF POSTING I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 659, adopted by the City Council of the City of Irwindale at its regular meeting held August 8, 2012, to be posted at the City Hall, Library, and Post Office on August 9, 2012.