HomeMy WebLinkAboutOrdinance No. 1510 - Replacing Sec 153.170 Sign Regulations Digital BillboardORDINANCE NO, 1510
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK REPEALING AND REPLACING SECTION
153.170 OF THE MUNICIPAL CODE RELATING TO SIGN
REGULATIONS TO INCLUDE NEW LANGUAGE REGARDING
NEW STATIC OR DIGITAL BILLBOARD CONSTRUCTION
AND BILLBOARD RELOCATION AGREEMENTS,
INCORPORATION OF PREVIOUSLY APPROVED SIGN
REGULATIONS THAT WERE NOT CODIFIED, AND
REORGANIZATION OF THE CHAPTER AS A WHOLE
WHEREAS, Section 153.170 of the Baldwin Park Municipal Code regulates the
installation, appearance and maintenance of all private signage types to protect the
visual clutter associated with the unrestricted proliferation of signs, while providing
channels of communication to the public; and
WHEREAS, it is the goal of the City to continue to promote the visual character
of the City of Baldwin Park, including but not limited to regulating all public signage;
and
WHEREAS, it is the obligation of the City to publish approved ordinances and
incorporate them into the Municipal Code to provide transparency in government and
to provide clear direction to City Staff, the development community, and the general
public regarding the regulations for signs; and
WHEREAS, it is in the City's interest to allow sufficient flexibility in billboard
advertising to meet the needs of commercial interests while at the same time
protecting the City's residents from an over saturation of new billboard signs; and
WHEREAS, as noted in the Staff Report dated May 15, 2024 from Ron Garcia,
Community Development Director, there exists a need to update the current version of
the City's signage regulations to capture previously adopted regulations.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The recitals above are true and correct and incorporated herein by
reference
SECTION 2. Subchapter 153.170 — Sign Regulations of the Baldwin Park
Municipal Code is hereby amended as follows:
Section Contents:
§153.170.010
Intent and Purpose
§153.170.020
Applicability
§153.170.030
Permit Requirements
§153.170.040
Exempt Signs
§153.170.050
Prohibited Signs
Ordinance 1510 - Page 2
§153.170.060 Temporary Signs
§153.170.070 General Sign Standards
§153.170.080 Signs Regulations by Zone
§153.170.090 Sign Regulations for Specific Land Uses
§153.170.100 Sign Construction and Maintenance
§153.170.405-110 New Static or Digital Billboard Construction
§153.170.106-120 Billboard Relocation Agreements
§153.170.447-130 Comprehensive Sign Programs
§153.170.444140 Other Applicable Regulations
§ 153.170.010 - Intent and Purpose
The intent and purpose of these sign regulations are to:
A. Urban design and safety standards. Implement the city's urban design and safety
standards as set forth in the General Plan.
B. City appearance. Maintain and enhance the city's appearance by regulating the design,
character, location, number, type, quality of materials, size, illumination and
maintenance of signs.
C. Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular
traffic safety by balancing the need for signs which facilitate the safe and smooth flow of
traffic without an excess of signage which may distract motorists, overload their
capacity to quickly receive information, visually obstruct traffic signs or otherwise create
congestion and safety hazards.
D. Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists
posed by off -site signs.
E. On -site signage. Generally limit private signage to on -site locations to protect the
aesthetic environment from the visual clutter associated with the unrestricted
proliferation of signs, while providing channels of communication to the public.
F. Communication. Allow the communication of information for commercial and
noncommercial purposes without regulating the content of noncommercial messages.
G. Free speech. Respect and protect the right of free speech by sign display, while
reasonably regulating the structure, location and other non -communicative aspects of
signs, generally for the public health, safety, welfare and specifically to serve the public
interests in traffic and pedestrian safety and community aesthetics.
H. Nearby effects. Minimize the possible adverse effects of signs on nearby public and
private property.
Ordinance 1510 - Page 3
I. Visual quality. Serve the city's interests in maintaining and enhancing its visual appeal
by preventing the degradation of visual quality which can result from excess signage.
J. Protect investment and quality of Iife. Protect investments in property and lifestyle
quality made by persons who choose to live, work or do business in the city.
K. Residential neighborhoods. Defend the peace and tranquility of residential zones and
neighborhoods.
§ 153.170.020 - Applicability
A. Compliance. Signs or advertising displays that are erected or maintained within the city
shall comply with the provisions of this subchapter and any other applicable federal,
state and local statues or laws.
B. Additive requirements. The requirements of this subchapter, shall be applied in
addition to any other requirements contained in the Zoning Code.
C. Conflicts. In the event of direct and irreconcilable conflict between any provisions of
this subchapter and any other provisions of the Zoning Code or this code, the more
restrictive requirements shall govern.
§ 153.170.030 - Permit Requirements
A. Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall
be required prior to the placement, construction or physical alteration of the size, height or
location of any sign or advertising display in the city. A sign permit may be obtained from
the Planning Division pursuant to the provisions of subchapter 153.210, Administrative
Procedures.
B. Variance. Signs that do not comply with the requirements of this subchapter, shall not
be permitted unless a variance has been granted pursuant to the provisions of
subchapter 153.210, Administrative Procedures.
§ 153.170.040 - Exempt Signs
A. Applicability. Unless otherwise specified, the signs listed in this subchapter are
categorically exempt from the permit requirement. The signs listed in this section are
subject to compliance with all other provisions of this subchapter and other applicable
codes, regulations or rules.
B. Restrictions on illumination. All exempt signs shall be non -illuminated, externally
illuminated, or internally illuminated.
C. Exempt signs. The following categories of signs do not require a sign permit:
1. Non -Residential Signs — On non-residential property
Ordinance 1510 - Page 4
(a) up to 20 flags or pennants with a combined area of no more than 80
square feet on a staff or pole of no longer than 20 feet, however, no individual
flag or pennant may exceed 15 square feet in area;
(b) up to 15 permanent signs with a combined area of no more than 45
square feet and a height of no more than eight feet, however, no individual
sign may exceed 15 square feet in area;
(c) Up to four temporary window signs with a combined area of no more
than 24 square feet, however, no individual sign may exceed 12 square feet in
area and no more than 40% of the area of any given window may be covered
by window signs; and
(d) Up to eight other temporary signs with an combined area of no more than
30 square feet and a height of no more than four feet, however, no individual
sign may exceed 15 square feet in area. Size limits for window signs with
transparent backgrounds (instead of opaque backgrounds) placed on glass
doors are doubled.
(e) Where properties include multiple tenants, each tenant may display two
flags of no more than twelve square feet, and temporary or permanent signs
with a combined area of no more than nine square feet, in addition to the
non-residential exemption provided above.
2. Residential Signs- On residential property;
(a) up to three flags or pennants of up to 10 square feet on a staff or pole of
no longer than eight feet;
(b) up to three permanent signs with a combined area of no more than 10
square feet and a height of no more than four feet;
(c) up to six temporary window signs with a combined area of no more than
nine square feet, except that no more than 50% of the area of any given
window may be covered by window signs; and
(d) up to four other temporary signs with a combined area of no more than
10 square feet and a height of no more than three feet.
(e) Where residential properties include multiple dwelling units, each
dwelling unit may display one flag of no more than 6 square feet, and
temporary or permanent signs with a combined area of no more than six
square feet, in addition to the basic residential exemption provide above.
§ 153.170.050 - Prohibited Signs
The following signs are prohibited on any property within the city:
A. Abandoned Signs.
B. Animated Signs, except as provided for electronic readerboard signs as permitted
pursuant to Section 153.170.080(D).
C. Inflatable/Balloon Signs.
Ordinance 1510 - Page 5
D. Roof Signs.
E. Murals.
F. Can (Box) Signs.
G. Off -Site Signs (billboards), except as approved as a part of a Billboard Relocation
Agreement pursuant to the terms of this Chapter or as provided for billboards or
digital billboards permitted per in Section 153.170.405110.
H. Off -Site Signs. Off -site identification signs, except government, civic signs as provided
in this subchapter.
I. Portable Signs, including A -frame, sandwich board signs, and vehicle -mounted signs.
J. Cross -visibility area. Any sign located within a required clear cross -visibility area.
K. Permission not granted. Signs erected without the permission of the owner of the
property on which the sign is located.
L. Signs in the public right-of-way. Signs within or projecting over a public right-of-way.
M. Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble
official traffic warning devices or signs, that by color, location or lighting may confuse or
disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic
hazard, excluding authorized on -site directional sites.
N. Painted signs. Signs painted directly on an exterior wall, fence, fascia or parapet.
O. Signs attached to utility poles. Signs attached to utility poles, unless specifically
approved by the utility company in writing.
P. Signs attached other features. Signs attached to trees, fences, bridges or light poles.
Q. Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the
display of advertising material. This does not apply to signs maintained on vehicles
when such advertising is incidental to the primary purpose for which the vehicle is
being used.
R. Disrepair. Any sign that is in disrepair.
§ 153,170.060 — Temporary Signs
A Permitted Temporary Signs. In addition to exempt temporary signs pursuant to §
153.170.040(C), temporary signs may be permitted on the site of any business holding a
Ordinance 1510 - Page 6
grand opening or promoting a special product, sale, or event. The following types of
temporary signs are permitted under such circumstances, provided they comply with
the applicable standards provided in in subsection B below:
1. Banners not exceeding 50 square feet.
2. Pennants, with the area on which the pennants are located not to be permitted
not permitted to exceed 15 percent of the square footage of the lot upon which
they are located.
B. Standard for Temporary Signs: Such Temporary signs under subsection A above shall
comply with the following standards:
1. Maximum number. A maximum of 1 temporary sign may be displayed for each
non-residential property at any given time.
2. Maximum duration. Each temporary sign may be displayed for a maximum of
30 consecutive days. Temporary signs may be displayed up to 4 nonconsecutive
times within a 12-month period.
3. Location and attachment. Temporary signs shall be attached to the main
building wall or fence and shall not extend above the roofline or height of the
wall or fence on which they are located.
4. Balloons. Balloons shall not be used in conjunction with any temporary sign.
5. Attachment and illumination. Temporary signs shall not be freestanding or
illuminated.
6. Safety and maintenance. Temporary signs shall be kept in a safe and presentable
condition.
§ 153.170.070 - General Sign Standards
All signs, including exempt and temporary signs, located within all zones shall comply with the
following regulations:
A. Sign Lettering and Numbering.
7. To facilitate emergency response by public safety personnel, the sign nearest to
the public entrance of a business which utilizes any non -Roman alphabet letters,
characters and/or symbols shall also contain a general description of the business
and other entities occupying the building written in English. The English
language portion of the sign shall be readable form the public right-of-way.
2. In all cases where a sign or other zoning permit is required by this chapter or
other law, the applicant shall submit to the city a certification, issued under
Ordinance 1510 - Page 7
penalty of perjury under the laws of the State of California, containing an English
language translation of all non -Roman alphabet letters, characters and symbols
proposed to be displayed on the sign. An application for such permit shall not be
deemed complete until the applicant has provided such certification.
B. Sign Lighting and Illumination.
1. Unless otherwise specified for exempt and temporary signs, signs may be non -
illuminated or internally illuminated. If internally illuminated, illumination of
individual letters and logos is preferred. The Approving Authority of the sign
permit may authorize external illumination.
3. All signs shall be arranged, operated, shielded and maintained to prevent any
glare, reflection, nuisance, inconvenience or hazardous interference of any hind
to abutting or adjacent properties, streets and walkways.
C. Sign Location.
No internally illuminated sign placed on any commercial or industrially zoned property
shall be located within 50 feet of the lot line, if such line is shared with any residentially
zoned lot, and if the sign face area is oriented toward the residentially zoned lot.
D. Sign Aesthetics.
1. All newly erected signs shall comply with the Sign Design Guidelines Manual.
2. All permanent signs located within any zone shall be compatible to the
associated structure's architecture and design features.
3. All permanent signs located on commercial and industrial structures shall be
integrated within structure's architecture.
§ 153.170.080 - Signs Regulations by Zone
Table 153.170.080 identifies the types of signs permitted by zone district and the development
standards applicable to such signs. In addition to the requirements set forth in Table
153.170.080, the following criteria shall apply:
A. Freestanding Signs.
1. As indicated in Table 153.170.080, freestanding signs shall be permitted only in
the FC, C-2 and I-C zones that have freeway frontage.
2. The base of all freestanding signs shall be landscaped at the time of sign
installation such that the base is fully obscured by landscaping to a minimum
height of 6 feet within 3 years of landscape installation. Such landscaping shall be
maintained in a neat and healthy condition at all times.
Ordinance 1510 - Page 8
Monument Signs.
Monument signs may be located in planter medians abutting a driveway or within the
project driveway.
Table 153.170.080
Sign Regulations by Zone
Maximum
Maximum
Maximum
Zone Sign Type Number
Sign Area
Height
Notes
R-G and Monument 1
24 sf
4 ft
R-3 Wall 1
36 sf
4 ft
C-1 Monument 1 per frontage
32 sf
6 ft
MU-2 Wall 1 or more
50 sf
4 ft
Monument 1 per frontage
64 sf
12 ft
In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
C-2,
Use Permit and Design
F-C,
Review, provided the sign
I-C,
complies with the
MU-1
provisions outlined in
without
g153,170.80.D.
freeway
Wall 1 or mare
2 sf of sign area per
6 ft
frontage
linear foot of primary
building frontage
Secondary 1 or more
1 sf of sign area per
4 ft
Wall
linear foot of primary
building frontage
Freestanding 1
1 sf of sign area per 1
80 ft
1. A maximum of 1
linear foot of street
freestanding sign is
frontage
permitted for lots with less
than 800 linear feet of
street frontage. One
additional freestanding
C-2,F-C,
sign is permitted for lots
I-C,
with more than 800 linear
with
feet of street frontage. For
freeway
this purpose, a commercial
frontage
center is considered a
single lot.
2. Additional sign face
area for monument signs
may be granted in lieu of
use of freestanding signs,
Ordinance 1510 - Page 9
per criteria established by
the Director of
Community Development.
3. In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D
Monument
1
40 sf
8 ft
In Iieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
I
complies with the
provisions outlined in
§153.170.80.D
Wall
1 or more
1 sf of sign area for
6 ft
each linear foot of
primary building
frontage
C. Wall Signs.
1. A maximum of 3 wall signs shall be permitted for each wall of a commercial unit
that contains a main entrance or is adjacent to a street.
2. A maximum of 1 wall sign shall be permitted for each wall of a commercial unit
that does not contain a main entrance.
3. Wall signs shall not project more than 18 inches from the building wall.
4. Sign height shall be measured from the bottom to the top of the sign.
D. Electronic Readerboard Sign.
1. Sign Defined. An Electronic Readerboard Sign is a sign that incorporates
changeable messages which may be changed by remote or automatic means.
Ordinance 1510 - Page 10
2. Applicability and Review. Electronic Readerboard Signs are allowed, subject
to approval of a Conditional Use Permit and Design Review, for businesses
with a minimum of three (3) acres (for the overall business), within the C-2, F-
C, I-C and I Zones and along a designated truck route. This sign type may be
installed in lieu of, but not in addition to, freestanding and/or monument
signage permitted on -site.
a. Design review shall include review of the following sign elements:
sign style, sign height, sign size, number of other signs on the site, sign
placement and sign materials, subject to the criteria established in this
subsection.
3. Orientation. Signs shall not face residentially zoned properties or residential
uses, schools, hospitals, convalescent hospitals and other sensitive land uses as
deemed appropriate through the Conditional Use Permit process.
4. Message Duration. Messages shall remain static for a minimum of eight (8)
seconds. Message changes shall occur within a timespan of no more than one
(1) second.
5. Activity. Messages on the Electronic Readerboard Sign shall rotate only during
normal business hours or as deemed appropriate though the Conditional Use
Permit process.
6. Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast
between the sign face and surrounding areas, subject to review and approval
through the Conditional Use permit Process.
7. Illumination, The following provisions apply to the illumination of Electronic
Readerboard Signs:
a. Automatic dimming controls shall be installed, either by photocell
(hardwire) or via software settings, in order to bring the lighting level
down to avoid spillover and light trespass onto abutting or adjacent
properties and to avoid glare at any time of the day.
b. Electronic Readerboard Signs shall be adjusted to minimize the degree
of brightness and glare. Lighting Ievels should be sensitive to the
environment and react with natural light sources, subject to review and
approval through the conditional use permit process.
§ 153.170.090 — Sign Regulations for Specific Land Uses or Sign Types
In addition to other standards set forth in tlus subchapter, the following land uses are subject to
the following regulations:
Ordinance 1510 - Page 11
A. Service Stations.
1. Each service station may maintain a maximum of 4 canopy signs, each having no
more than 50 square feet of sign face area.
2. Each service station may maintain 1 permanently installed sign not to exceed 40
square feet in area.
3. Each service station may maintain a maximum of 2 permanently installed or
portable price signs not exceed 20 square feet in area.
B. Automobile Dealerships.
1. Each automobile dealership may display banners and pennants with a total area
not to exceed 15 percent of the square footage of the lot upon which they are
located.
2. Each automobile dealership may display a maximum of 20 banners attached to
freestanding light standards. Each banner shall not exceed 50 square feet of area.
3. Each automobile dealership may display one pennant for every 2,500 square feet
of lot area, up to a maximum of 12 such pennants. Each pennant shall not exceed
20 square feet in area.
Eleetrenie Rea4er-board
Signs
subject
to appr-eval of it
Applieability and Review.
are allowed,
Use Permit Design ReyievF,
for businesses
with a minimum
of three (3)
Conditional and
btf the C-2,
F C,
1 C and 1 Zones and
along a designated
acres (f or- the oveiall siness), within
This be installed in
liett of-,
biti not in addition
to, freestanding
traek v-eute. sign type may
Ordinance 1510 - Page 12
Contrast. Eleekenie Readerbeaf d Signs shall be adjusted to maintain eentirasi be�ween the
sign farce and surrounding areas� subject to feview and appr-ova! thr-ough the Conditional Use
Permit process.
isions
C.^^e, oc apply
m6^
Eleeftenic Readerbear-d Signs shall be adjusted to minimize the degree of br4ghtness and
glare. Lighting
levels should be sensifive to the envir-onment and r-eaet with natural light
seur-ees, subj eet to review and approval ffir-ough the Conditional Use FeEmit process.
Sign illumination dur-ing nighttifne hours may not exr=eed a maximum luminaftee level of 750,
ed/mA. or nits, regardless of the `Shod of illu n__, atiell
Eleeironie Reader -beard Sigffs with external Mufnination, whether We lighting is mounted
above or below the sign faee ev panel, shall feHy shield all lighting fixtures ei! lumina -ties.
§ 153.170.100 -- Sign Construction and Maintenance
A. Compliance with codes and development standards. All signs shall comply with the
appropriate provisions of the State Building Code, as adopted by the city, relative to
design, construction, structural integrity, connections and safety. Signs shall also comply
with the provisions of the applicable electrical code and the development standards.
B. Maintenance. All signs shall be maintained in a good structural condition at all times
and be kept neatly painted, including all metal parts and supports that are not made of a
rust resistant material. Any crack, broken surface, malfunction, missing sign copy or
other damaged portion shall be repaired or replaced.
§ 153.170.145-110 New Static or Digital Billboard Construction
Notwithstanding any other provision of this code, a Static Billboard or Digital Billboard (as
defined below) may be installed with copy visible from within any Interstate Freeway
Corridor (as defined below), subject to all the following:
(a) Digital Billboard shall mean any off -site Advertising Display (a Static Billboard), as
defined in the California Business and Professions Code (BPC) § 5202, that uses state-
of-the-art digital technology,
Ordinance 1510 - Page 13
(b) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as
defined in BPC § 5215) and within 200 feet from the edge of the right-of-way (as
defined BPC § 5222) and within a commercial or industrial zoned property.
(c) Each Advertising Structure (as defined in BPC § 5203), whether a Static Billboard or
an Advertising Display that is used to support a Digital Billboard shall be placed
within an Interstate Freeway Corridor,
(d) The Static Billboard or the Digital Billboard owner must:
1) Receive Caltrans' approvals, as necessary and
2) Execute an agreement with the City by which each billboard owner agrees to
G) indemnify, defend and hold harmless the City from any and all claims,
lawsuits, awards and judgements, including any reasonable attorney's fees
and court costs, that may arise from the approval of a Static Billboard or a
Digital Billboard and associated Advertising Structrue and removal of an
applicable Advertising Structure that may or may not be required to be
removed, in consideration for any one or more negotiated benefits, including
but not limited to such items as new park signs, landscaping, sign removals, or
development fees, pursuant to this section or to any other provision of this
code, subject to the terms of that agreement and (ii) comply with any and all
required mitigation measures, conditions of approval and all applicable
provisions of this section and this code,
(e) The property owner upon which a Static Billboard or a Digital Billboard is to be
erected executes an agreement with the City by which that owner consents to the
City's entry onto his/her/its property to remove that Static Billboard or a Digital
Billboard and associated Advertising Structure, as permitted in the agreement
between the billboard owner and the City, and by which that property owner releases
and indemnifies the City from liability for that permitted removal,
(f) The new Advertising Structure cannot be used to support more than two (2) Digital
Billboards with each one facing in different directions,
(g) The entire portion of an Advertising Structure that comprises the active display face
of a Static Billboard or Digital Billboard shall not be more than forty-eight feet (48')
in width, fourteen feet (14') in height nor six hundred and seventy-two (672) square
feet in area; provided, that, in addition, an apron for a Static Billboard or Digital
Billboard can extend up to a maximum of approximately thirty-six inches (36") below
that Digital Billboard face or 5.5 foot top extensions or 2 foot side extensions,
(h) The overall height of the Advertising Structure that is a Static Billboard or that
includes a Digital Billboard, and excluding extensions, shall not be more than sixty-
five (65') feet, as measured from the highest point of the main road or Interstate
Highway from which the advertising is to be viewed,
Ordinance 1510 - Page 14
(i) The distance between two Static Billboards or between a Static Billboard and Digital
Billboard shall be at least five -hundred feet (5001. The distance between two Digital
Billboards shall be at least one -thousand feet (1,000'). The distance requirements shall
be the same as the minimum distance and separation criteria established by the
California Department of Transportation (Caltrans) and as defined in BPC § 5222,
(j) A Digital Billboard shall not operate at brightness levels of more than 0.3 foot candles
above ambient light, as measured using a foot candle meter at a pre-set distance of
two -hundred and fifty feet (2501 perpendicular to the display face of the Digital
Billboard. Each Digital Billboard shall have a light sensing device that will
automatically adjust the brightness of the Digital Billboard to meet that foot candle
requirement, as ambient light conditions change,
(k) Only if the City agreement requires the removal of existing advertising structures,
then if four or less Advertising Structures are being replaced by new Advertising
Structures with Digital Billboards, then at least eight (8) additional display faces and
the Advertising Structures supporting the eight (8) additional display faces must be
permanently removed from the City by the Digital Billboard owner receiving the
approval and the removal of all the display faces and their respective Advertising
Structures to be removed shall be completed prior to construction by that owner of
any Advertising Structure, including a Digital Billboard,
(1) Only if the City agreement requires the removal of existing advertising structures,
then if five or more Advertising Structures are being replaced by new Advertising
Structures with Digital Billboards, then for each new Advertising Structures, above
four (4) new Advertising Structures, at least two (2) additional display faces must be
permanently removed from the City by the Digital Billboard owner receiving the
approval and the removal of all the display faces and their respective Advertising
Structures to be removed shall be completed prior to construction by that owner of
any Advertising Structure including a Digital Billboard.
(m)A Digital Billboard shall only display a series of still images and each still image
must be displayed for a minimum of four consecutive seconds. No still image shall
have animation, movement, or the appearance of an optical illusion of movement of
any part of the Advertising Structure and each still image shall not include flashing,
scintillating lighting or the varying of light intensity or any other means of not
providing constant illumination. Transition time between one still image and the
immediate next still image shall not exceed one second and
(n) (i) If a Digital Billboard installed pursuant to this section must be removed due to a
final court order or judicially approved settlement resulting from a legal action
brought by a third party, who is not related to the owner or operator of that Digital
Billboard (the "Owner/Operator"), (ii) that Digital Billboard replaced a non -Digital
Billboard (the "Replaced Non -Digital Billboard") and (iii) the Replaced Non -Digital
Billboard was the subject of a previous formal written agreement with the City, then
Ordinance 1510 - Page 15
the Owner/Operator shall be permitted to reinstall a new state-of-the-art non -Digital
Billboard (the "Replacement Non -Digital Billboard") on the salve Advertising
Structure used to support that Digital Billboard, provided, that the reinstallation of
the Replacement Non -Digital Billboard must occur before the date the previous
formal agreement would have terminated (the "Previous Termination Date"), the
Replacement Non -Digital Billboard and supporting Advertising Structure must be
removed on or before the Previous Termination Date and the Replacement Non -
Digital Billboard must comply with all the applicable criteria for Digital Billboards,
as set forth in in this section and the agreement referred to in (D)(2), above.
(o) The following sections do not apply to signs approved per this Section 153.170.105:
Sections 153.050.030,153.170.080(D)
§ 153.170.14&120 Billboard Relocation Agreements
Billboards are recognized as a legitimate form of commercial advertising in the City.
However, the size, number, location and illumination of billboards can have significant
influence on the City's visual character, and can, without appropriate control, create or
contribute to visual blight conditions. The purpose of this section is to provide the
parameters under which existing billboards may be relocated and reconstructed subject to
reasonable controls, while recognizing that community appearance is an important factor in
ensuring the general community welfare. Nothing herein shall affect the right of any
billboard in existence as of the date that this section becomes effective to continue to exist
pursuant to an agreement or as a legal nonconforming use to be maintained pursuant to such
agreement or in conformance with this chapter.
A. General Requirements.
1. The requirements of this section shall apply to any off -site sign (Billboard)
project involving the installation or construction of relocated billboard, or the
expansion, modification, or digitization of an existing billboard, or the
addition of additional face(s) to an existing billboard within the City.
Relocated Billboards shall be permitted in the City only after an Agreement
has been negotiated and executed between the billboard operator/owner and
City and a permit has been issued in accordance with the terms of this section.
The Agreement may include compensation to be paid to the city or the
provision of other public benefits to be provided as a result of the relocation,
installation and operation of any billboard or modification of an existing
billboard within the City. All relocated billboards constructed shall comply
with this chapter and all applicable requirement of the California Business &
Professions Code and the California Code of Regulations.
2. An owner or entity proposing an agreement for relocation shall establish that
the relocated billboard meets one or more of the following eligibility
requirements:
a. The billboard proposed for complete demolition and relocation is the
subject of any eminent domain action or threat of eminent domain
action by a legally created public entity possessing eminent
Ordinance 1510 -Page lG
domain/condemnation authority and provides public benefits for such
relocation; or
b. The applicant chooses to completely demolish and relocate an existing
billboard, including a legal nonconforming billboard, to a more
suitable location so as not to conflict with the proposed development or
redevelopment of the property and provides public benefits for such
relocation as negotiated in the agreement; or
c. The applicant chooses to completely demolish and relocate an existing
billboard, including a legal nonconforming billboard, to a more
suitable location within the City that lessens the overall negative
aesthetic impacts on the City and its residents and provides public
benefits for such relocation; or
d. The applicant has previously removed and completely demolished one
or more billboards and maintains credits for such removal by the
California Department of Transportation pursuant to California
Business & Professions Code, Section 5443.5 and such relocation
benefits the City; or
e. The applicant proposes to enhance, improve and modify an existing
billboard already established within the City for the purpose of
modernizing and improving the aesthetic appearance of such billboard.
3. In the event of any conflict between any provision contained in this section
and any other provisions contained elsewhere in this code, the provisions of
this section shall govern.
4. No billboard shall be approved and no existing billboard shall be modified
without the applicant first providing proof of legal or equitable interest in the
site proposed for relocation or modification, including, but not limited to a
lease, easement or other entitlement, demonstrating the right to install and
operate the billboard on the subject property for the term desired.
Information to be provided shall including the written consent of the property
owner if not readily ascertainable from the foregoing documents.
5. All billboard agreements shall include requirements that applicants obtain all
additional federal and/or state permits for installation. Nothing contained in
this section shall require the City to negotiate and/or approve an Agreement
on terms that are unacceptable to the City Council.
B, Physical Requirements.
1. The minimum distance between two or more billboards shall be the same as
the minimum distance and separation criteria established by the California
Department of Transportation (Caltrans). All distances shall be measured
from the vertical centerline of each billboard face.
2. All utilities for each billboard shall be underground.
3. No billboard shall have more than one face (display surface) oriented in the
same vertical plane. Additional display face may be added if used for on -
premise advertising only in accordance with approved site plan
Ordinance 1510 - Page 17
4. All billboards shall plainly display, and be visible from no less than 100 feet,
the name of the person or company owning or maintaining it and the billboard
identification number.
5. All billboards shall be placed at least 100 feet from any single-family
residential zone or single-family residential use. The measurement shall be
from the closest edge of the billboard to the closest edge of the single-family
residential zone or closest property line on which a single family residential
use is located.
C. Application requirements; Review procedures.
1. Application requirements. In addition to the application requirements for
sign permits required by this code, a person or entity wishing to enter into a
billboard relocation agreement shall submit a request in writing for approval
of an Agreement that includes the following:
a. The name, address phone number and other contact information of the
person or entity proposing the Agreement.
b. Identification of the location proposed for a new or relocated or
modified billboard and the billboard(s) being permanently removed or
modified, where applicable,
c. Information that establishes that the person or entity proposing the
Agreement has legal or equitable interest in the billboard being
removed or modified and the site proposed for relocation or placement.
d. Conceptual design drawings for the billboards that includes technical
specifications to determine the billboard's compliance with this
chapter.
e. An explanation of the compensation to be paid or public benefits to be
provided to the City.
f. The application must include photos of all existing signage or
architectural renderings and elevations of proposed billboards as well
as a scaled plot plan and elevations showing the locations of all
existing structures and improvements on the property, and the
proposed billboard.
2. The applicant must pay a filing fee in accordance with an approved resolution.
This fee shall be in addition to any other required fees for permits relative to
the development of the property and shall be for the purpose of defraying the
costs associated with city review and action on the application."
3. Review Process. All Agreements shall be reviewed by the Planning
Commission at a duly notice public hearing. The public hearing shall be
noticed in the same way that conditional use permits and variances are noticed
pursuant to this chapter. The Planning Commission shall review the
Agreement and, after a duly noticed public hearing, make a recommendation
to City Council, based on current development standards, the location of the
proposed relocated or modified billboard and whether the proposed relocated
or modified billboard meets the findings contained in this section.
Ordinance 1510 - Page 18
At a City Council meeting held no later than forty-five (45) days after the Planning
Commission makes its recommendation, the City Council shall review and consider the
Agreement, at a duly noticed public hearing. The hearing before the City Council shall be
noticed the same as any conditional use permit and may be continued from time to time. In
order to approve a request for an Agreement, the City Council shall make the following
findings for approval of an Agreement:
a. The proposed agreement is consistent with the goals, objectives, purposes and
provisions of the General Plan, the Municipal Code and any applicable specific plans;
b. The proposed agreement would promote installation of a billboard that is compatible
with the uses and structures on the site and in the surrounding area, considering the
scale and materials of adjacent buildings, the desired character of the neighborhood,
district, or corridor where the billboard is located, and pedestrian orientation.;
c. The proposed agreement authorizes the installation of a billboard that would not
create a traffic or safety problem, including problems associated with onsite access
circulation or visibility;
d. The proposed agreement for installation would not interfere with onsite parking or
landscaping required by City ordinance or permit; and
e. The proposed agreement does not promote construction of a billboard that would not
otherwise result in a threat to the general health, safety and welfare of City residents.
f. The proposed billboard, in addition to its aesthetic treatment, provides public
benefits that would not otherwise accrue to the public in the absence of its
installation."
§ 153.170.407-130 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a
nonresidential or mixed use project's signs with the overall site design and the
structures' design into a unified architectural statement. A Comprehensive sign
program provides a means for the flexible application of sign regulations in order to
provide incentive and latitude in the design and display of multiple signs and to
achieve, not circumvent, the purpose of this subchapter. Approval of a
comprehensive sign program may modify the standards provided in this subchapter
as to the sign number, size, height, illumination, location, orientation, or other aspects
or signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be required
whenever any of the following circumstances exist:
1. Whenever the floor areas is in excess of 25,000 square feet;
2. Whenever five or more separate commercial or industrial tenant spaces are
present on the same site;
3. Whenever the City Planner determines that a comprehensive sign program is
needed because of special project characteristics (e.g., the size of the proposed
Ordinance 1510 - Page 19
signs, limited site visibility, the location of the site relative to other lots,
buildings, or streets, etc.).
C. Approval Authority and Limitation. The Planning Commission shall be the review
authority for a comprehensive sign program.
D. Application Requirements. A sign program application for a comprehensive sign
program shall include all information and materials required by the Planning
Division for a Sign Program Review including a filing fee. Said fee shall be
established by resolution of the City. The applicant shall still be required to obtain
applicable sign permits and pay the related fee.
E. Standards. A comprehensive sign program shall comply with the following
standards:
1. The prosed sign program shall comply with the purpose and intent of this
subchapter;
2. The proposed signs shall enhance the overall development, be in harmony
with, and relate visually to other signs included in the comprehensive sign
program, to the structures and/or developments they identity, and to
surrounding development when applicable;
3. They sign program shall address all signs, including permanent, temporary,
and exempt signs;
4. The sign program shall accommodate future revisions that may be required
because of changes in use or commercial tenants;
5. The sign program shall comply with the standards of the subchapter 153.170,
except that deviations are allowed with regard to sign area, total number,
location, and/or height of signs to the extent that the comprehensive sign
program will enhance the overall development and will more fully accomplish
the purposes and intent of this subchapter;
6. Approval of a comprehensive sign program shall not authorize the use of signs
prohibited by this subchapter; and
7. Review and approval of a comprehensive sign program shall not consider the
signs' proposed message content.
F. Findings. In order to approve a comprehensive sign program the following findings
shall be made:
1. The comprehensive sign program complies with the purpose of this
subchapter, and the Baldwin Park Design Guidelines;
Ordinance 1510 - Page 20
2. Proposed signs enhance the overall development and are in harmony with
other signs included in the plan with the structures they identity and with
surrounding development;
3. The comprehensive sign program contains provisions to accommodate future
revisions that may be required because of changes in use or tenants; and
4. The comprehensive sign program complies with the standards of this
subchapter, except that flexibility is allowed with regard to sign area, number,
location, and/or height to the extent that the signs proposed under the
comprehensive sign program will enhance the overall development, achieve
superior quality design, and will more fully accomplish the purposes of this
subchap ter.
G. Revisions to Comprehensive Sign Programs. The Community Development Director
may approve revisions to the comprehensive sign program if the intent of the original
approval is not affected. Revisions that would substantially deviate from the original
approval shall require the approval of a new/revised comprehensive sign program by
the Planning Commission.
§ 153.170.14-9-140 — Other Applicable Regulations
In addition to the requirements contained this subchapter, regulations contained of this chapter
may apply to signage in the following subchapters:
§ 153.210.090 — General Application Processing Procedures
A. Application reviewed for completeness. All applications filed with the Planning
Division shall be initially reviewed for application completeness. The City Planner shall
determine whether or not the application is complete and shall notify the applicant in
writing of the determination that:
a. All the submittal requirements have been satisfied and that the application has
been accepted as complete; or
b. Specific information is still necessary to complete the application. For
administrative permits and actions, and for sign permits, the applicant shall be
notified within seven days and for all other permits and actions, the applicant shall
be notified within 30 days.
§ 153.210.265 — Time for Determination
A. Temporary Signs
Permit applications for temporary signs shall be determined within 21 days of application
submission unless the City Planner designates the application as one of extraordinary
complexity or difficulty, in which case notification of such designation shall be mailed to the
Ordinance 1510 - Page 21
applicant within 14 days of application submission. All applications shall be determined
within 42 days of application submission. Notice of any determination shall be mailed
within two business days after the determination is made (excluding Fridays when City
offices are closed).
B. Permanent Signs
Permit applications for permanent signs shall be determined within 63 days unless the City
Planer designates the application as one of extraordinary complexity or difficulty, in which
case notification of such designation shall be mailed to the applicant within 356 days of
application submission. All applications shall be determined within 91 days of application
submission.
Notice of any determination shall be mailed within two business days after the
determination is made (excluding Fridays when City offices are closed).
C. Mixed Applications
Applications seeking a permit for both temporary and permanent signs will be treated as
applications for permanent sign permits; but he City Planner shall have discretion to make a
partial determination as to the portion of an application concerning temporary signs at any
time before a final determination is made for the whole application.
SECTION 3. California Environmental Quality Act ("CEQA"). The City Council
finds that this Ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity
consists of a code amendment, which does not have the potential for causing a
significant effect on the environment and does not meet the definition of a project as
defined by the CEQA guidelines.
SECTION 4. Effective Date. This ordinance shall go into effect and be in full
force and operation from and after thirty (30) days after its final reading and adoption
SECTION 5. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of this Ordinance
and the application of such provision to other persons or circumstances shall not be
affected thereby.
4f)
EMMANUEL J, ESTRAINl #AYOR
ATTEST:
CHRISTOPHER S,Nr=Z,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss-
CITY OF BALDWIN PARK
1, CHRISTOPHER SANEZ, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing ordinance was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on May 15th, 2024. Thereafter, said Ordinance
No. 1510 was duly approved and adopted at a regular meeting of the City CounGil on
June 19, 2024 by the following vote:
NOES: COUNCILIVIEMBER' N/A
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