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HomeMy WebLinkAboutORD 1355 ORDINANCE NO. 1355 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS WHEREAS, while billboards located within the City can provide a reliable means of advertising and communication, they also can be detrimental to the safety, aesthetics and general welfare of the community; WHEREAS, owners of a billboard, at times, desire to improve the safety, aesthetics and general welfare of the community as part of a program to use available state-of-the art technology to upgrade a billboard; WHEREAS, such a program creates a benefit for the community; WHEREAS, an intent of the State Outdoor Advertising Act (Business and Professions Code sections 5200 et seq.) (the "Act") is to protect the property rights of billboard owners, while recognizing the impacts on safety, aesthetics and the general welfare that can result on a local community from billboards; WHEREAS, in balancing those important and sometimes competing goals, the Act provides for a process for a billboard owner and local community to agree to establish parameters, objectives and conditions for removal of existing billboards and installation of new billboards; WHEREAS, the removal of existing old billboards and the installation and maintenance of other aesthetic elements of the community are a reasonable exchange for the replacement of older billboards with newer state-of-the-art billboards; WHEREAS, the newer state-of-the-art billboards will provide area businesses with additional advertising opportunities in a manner that minimizes visual clutter and provides an orderly, attractive, high quality image of the City; and WHEREAS, the newer billboards can be quickly and effectively utilized to present critically important "Amber Alert" and other public safety messages to the community. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, Ordinance 1355- Page 2 businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow a regulated removal and replacement of older billboards; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153.170.105, to read as follows: Section 153.170.105 Digital Billboard Replacement Notwithstanding any other provision of this code, a 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, as defined in California Business and Professions Code (BPC) § 5202, that uses state-of-the- art digital technology, (B) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as defined in BPC § 5215) or within 660 feet from the edge of the right- of-way (as defined BPC § 5222), (C) each Advertising Structure (as defined in BPC § 5203) used to support a Digital Billboard shall replace an existing Advertising Structure located within an Interstate Freeway Corridor, (D) the Digital Billboard owner: (1) receives Caltrans' approval, as necessary and (2) executes an agreement with the City by which each owner agrees to (i) indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgments, including any reasonable attorney's fees and court costs, that may arise from the approval of a Digital Billboard and associated Advertising Structure and removal of an applicable Advertising Structure, pursuant to this section or any other provision of this code, subject to the terms of that agreement and (H) 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 Digital Billboard is to be erected executes an agreement with the City by which that owner consents to City's entry onto his/her/its property to remove that Digital Billboard and associated Advertising Structure, as permitted in the agreement, and by which that owner releases and indemnifies the City from liability for that permitted removal, Ordinance 1355 - Page 3 (F) the new Advertising Structure cannot be used to support more than two 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 Digital Billboard shall not be more than forty-eight feet (48') in width, fourteen feet (14") in height nor six hundred seventy-two (672) square feet in area; provided, that, in addition, an apron for a Digital Billboard can extend up to a maximum of approximately thirty-six (36) inches below that Digital Billboard face, (H) the overall height of the Advertising Structure that includes a Digital Billboard shall not be more than forty-five feet (45'), as measured from the highest point of closest Interstate Highway, (I) 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 fifty feet (250') 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, (J) if four or less Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then at least eight additional display faces and the Advertising Structures supporting the eight 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, (K) if five or more Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then for each new Advertising Structure, above four new Advertising Structures, at least two additional display faces and the Advertising Structures supporting the 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, (L) a Digital Billboard shall only display a series of still images and each still image must be displayed for a minimum of eight consecutive seconds. No still image shall have animation, movement, or the appearance or 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 not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second and I Ordinance 1355 - Page 4 (M) (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 (Hi) the Replaced Non-Digital Billboard was the subject of a previous formal written agreement with the City, then the Owner/Operator shall be permitted to reinstall a new state-of- the-art non-Digital Billboard (the "Replacement Non-Digital Billboard") on the same 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 this section and the agreement referred to in (D) (2), above. SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE 7th day of • gust, 2013 D� I, __ �/ / MAN EL LQ • NO, MAYOR ATTEST. / ALEJA lift • • ILA, CITY CLERK Ordinance 1355 - Page 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, 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 July 17, 2013. Thereafter, said Ordinance No. 1355 was duly approved and adopted at a regular meeting of the City Council on August 7, 2013 by the following vote: AYES: COUNCILMEMBER: Marlen Garcia, Mayor Pro Tern Monica Garcia, Mayor Manuel Lozano, Ricardo Pacheco, Susan Rubio NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: / ti "Ll/' ALEJANDRA AVI • , CITY CLERK