HomeMy WebLinkAboutORD 1394 ORDINANCE 1394
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING 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 new or upgraded billboards;
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/or
installation of new static-faced or digital-faced billboards;
WHEREAS, the installation and maintenance of other aesthetic elements of
the community including but not limited to various benefits such as a new park signs,
landscaping, sign removals, or development fees, is a reasonable exchange for the
installation of new 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
Ordinance No. 1394
Page 2
Baldwin Park, its residents, property owners, businesses and visitors can be
enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow
new Static Billboards or Digital Billboard Advertising Displays in return for
aesthetic elements of the community including but not limited to various
benefits such as new park signs, landscaping, sign removals, or development
fees; 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 the following changes to Sections
153.170.050(G) and Section 153.170.105, to read as follows:
Section 153.170.050 Prohibited Signs
(G) Off-Site Signs (Billboards), except not including those billboards or digital
billboards permitted per Section 153.170.105.
Section 153.170.105 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 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) and within 200 feet
from the edge of the right- of-way (as defined BPC § 5222) and
within commercial or industrial zones
(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:
(1) receives Caltrans' approval, as necessary and
(2) executes an agreement with the City by which each
billboard owner agrees to (i) indemnify, defend and
hold harmless the City from any and all claims,
lawsuits, awards and judgments, including any
Ordinance No. 1394
Page 3
reasonable attorney's fees and court costs, that may
arise from the approval of a Static Billboard or a
Digital Billboard and associated Advertising
Structure 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 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 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 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 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
(36) inches below that Digital Billboard face or 5.5 foot top
extensions or 2 foot side extension,
(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 forty-five (45') or sixty-five (65') if the
Advertising Structure is within one-hundred-fifty (150') of a sound wall,
as measured from the highest point of the main road or Interstate
Highway from which the advertising is to be viewed,
(I) The distance between two Static Billboards or between a Static
Billboard and Digital Billboard shall be at least Five Hundred (500')
Feet (as defined BPC § 5222). The distance between two Digital
Ordinance No. 1394
Page 4
Billboards shall be at least One-Thousand (1,000) Feet,
(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 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,
(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 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,
(L) 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 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,
(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 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
(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-
Ordinance No. 1394
Page 5
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 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. •
(0) The following Sections do not apply to signs approved per this
Section 153.170.105: Sections 153.050.030, Section 153.050.030.1,
153.120.310 part B, 153.165, 153.200.030 and 153.200.040A.
SECTION 3. 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.
PASSED AND APPROVED ON THE 21st da of December, 2016
op-i.
r`
y� ' ozano, Mayor
TATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
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 December 7, 2016. Thereafter, said
Ordinance No. 1394 was duly approved and adopted at a regular meeting of the
City Council on December 21, 2016 by the following vote:
AYES: COUNCILMEMBER: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBER: No e
ABSENT: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: None / ,
414 '
ALE A D IAVILA
CITY CLERK