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HomeMy WebLinkAboutORD 1397 ORDINANCE NO. 1397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE MUNICIPAL CODE SUBCHAPTER 153.170—SIGN REGULATIONS Whereas, the Planning Commission held a duly noticed public hearing on February 22,2017 to consider recommendation of this Sign Ordinance to the City Council; Whereas, the Planning Commission voted 4-0 to recommend the Sign Ordinance to the City Council on February 22, 2017; Whereas, in accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3, Title 24, it has been determined that the proposed Code Amendment project will not have an impact upon the environment and is Categorically Exempt. NOW,THEREFORE, the City Council of the City of Baldwin Park does hereby ordain: Section 1. subchapter 153.170 — Sign Regulations of the Baldwin Park Municipal Code is hereby amended as follows: "SUBCHAPTER 153.170—SIGN REGULATIONS 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 §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 §153.170.110 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. 1 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. 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 life. Protect investments in property and lifestyle quality made by persons who choose to live, work or do business in the city. L. 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. 153.170 Sign Regulations 153.170-2 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 of less than 175,000 square feet in lot size: (a) up to 40 flags or pennants with a combined area of no more than 120 square feet on a staff or pole of no longer than 20 feet; (b) up to 15 permanent signs with a combined area of no more than 75 square feet and a height of no more than eight feet, however, each individual sign may not exceed 24 square feet; (c) up to four temporary window signs with a combined area of no more than 24 square feet, except that 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 a combined area of no more than 30 square feet and a height of no more than four feet. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds)placed on glass doors are doubled. On non-residential property of more than 175,000 square feet in lot size: (a) up to 55 flags or pennants with a combined area of no more than 165 square feet on a staff or pole of no longer than 20 feet; (b) up to 20 permanent signs with a combined area of no more than 100 square feet and a height of no more than eight feet, however, each individual sign may not exceed 30 square feet;; (c) up to eight temporary window signs with a combined area of no more than 48 square feet, except that no more than 40% of the area of any given window may be covered by window signs; and (d) up to 12 other temporary 153.170 Sign Regulations 153.170-3 signs with a combined area of no more than 50 square feet and a height of no more than five feet. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled. Where properties include multiple tenants, each tenant may display one flag of no more than six 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 with a combined area of no more than 18 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 12 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 ten square feet and a height of no more than three feet. Where residential properties include multiple dwelling units, each dwelling unit is may display one flag of no more than six 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 provided above. Potential Discretionary Additions: (3)Flags near Holidays An additional flag of up to 12 square feet may be displayed during the three days before, the day of, and the three days after the following holidays: Memorial Day, Independence Day and Veterans Day. (4) Signs near Elections An additional 5 signs of up to 12 square feet combined and up to 4 feet tall may be displayed starting 45 days before, on the day of and for 14 days after any election for which there are polling places operating within the City. § 153.170.050—Prohibited Signs The following signs are prohibited on any property within the city: A. Abandoned Signs. B. Animated Signs. C. Inflatable/Balloon Signs. D. Roof Signs. E. Murals. 153.170 Sign Regulations 153.170-4 F. Can (Box) Signs. G. Off-Site Signs (billboards). H. Off-Site Signs. Off-site identification signs, except government and 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 signs. 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 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 subsection B below: 1. Banners not exceeding 50 square feet per banner. 2. Inflatable signs not exceeding 50 feet in height. 153.170 Sign Regulations 153.170-5 3. Pennants, with the area on which the pennants are located 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 shall comply with the following standards: 1. Maximum number. A maximum of 1 temporary sign may be displayed for each business 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. Maximum sign area. The combined maximum sign area of all temporary signs on site shall not exceed 50 square feet. 4. 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. 5. Balloons. Balloons shall not be used in conjunction with any temporary sign. 6. Attachment and illumination. Temporary signs shall not be freestanding or illuminated. 7. Safety and maintenance. Temporary signs shall be kept in a safe and presentable condition. C. Temporary signage for a newly established business. The following additional standards apply to newly established businesses within the city. A newly established business refers to any business that has filed a complete business license application (accepted by the city), for the first time, provided there are no records of the business operating in the city prior to said filing. (1) Permitted signs. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in divisions (B)or(C): (a) All sign types listed as permitted temporary signs in division(A). (b) Banners not exceeding 60 square feet per banner. (c) Single-pole flags with ground spikes up to 35 square feet maximum. 153.170 Sign Regulations 153.170-6 (2) Maximum number. Up to three signs of any combination of permitted temporary sign types (e.g., banners, pennants, window signs, and the like) are permitted provided that the combined sign area of all said signage does not exceed 60 square feet. (3) Maximum duration. Each temporary sign for a newly established business may be displayed for a maximum of 60 days from the time its business license application is filed and accepted by the city. An extension of up to 60 additional days may be approved provided that a completed extension request (through submittal of an additional sign permit application) is received and accepted by the city prior to the expiration of the initial 60 day display period. (4) Maximum sign area. The combined maximum sign area of all permitted signage under this division shall not exceed 60 square feet. § 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. 1. 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 from 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 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. 2. All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways. 153.170 Sign Regulations 153.170-7 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. B. Monument Signs. Monument signs may be located in planter medians abutting a driveway or within the project driveway. 153.170 Sign Regulations 153.170-8 Table 153.1 �� i "t 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 Monument 1 per frontage 32 sf 6 ft C-1 Wall 1 or more 50 sf 4 ft Monument 1 per frontage 64 sf 12 ft C-2, Wall 1 or more 2 sf of sign area per 6 ft F-C, linear foot of primary I-C, without building frontage freeway Secondary 1 or more 1 sf of sign area per 4 ft frontage 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 sign is permitted for lots with more than 800 linear C-2, F- feet of street frontage.For C, I-C, with this purpose,a commercial center is considered a freeway single lot. frontage 2.Additional sign face area for monument signs may be granted in lieu of use of freestanding signs, per criteria established by the Director of Community Development. Monument 1 40 sf 8 ft Wall 1 or more 1 sf of sign area for 6 ft I each linear foot of primary building frontage 153.170 Sign Regulations 153.170-9 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. § 153.170.090—Sign Regulations for Specific Land Uses In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations: 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 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. 153.170 Sign Regulations 153.170-10 § 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. § 153.170.110—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 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 Planner designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 35 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). 153.170 Sign Regulations 153.170-11 (C)Mixed Applications Applications seeking a permit for both temporary and permanent signs will be treated as applications for permanent sign permits; but the 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. § 153.220.200—S Definitions SIGN. Any device for visual communication, including, without limitation, any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the views, products or services of any person, business group or enterprise, and is readily visible from outside any building or structure containing or supporting it. TEMPORARY SIGN. Any sign constructed of paper, cloth, canvas or other similar lightweight material, with or without frames; or erected by driving a stake or other support into the ground (e.g., common"For Sale" signs)." Section 2. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 3. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. Section 4. This Ordinance shall go into effect and be in full force and operation from and after thirty(30) days from the date of its final passage and adoption. Section 5. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this 5th day of April, 2017. „ , iso- 153.170 Sign Regulations 153.170-12 ATTEST: 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 No. 1397 was introduced for first reading at a regular meeting of the City Council held March 15, 2017 and was adopted by the City Council at its regular meeting and adopted this 5th day of April, 2017 by the following vote: AYES: COUNCILMEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Alejandr. Avila City Clerk 153.170 Sign Regulations 153.170-13