HomeMy WebLinkAboutORD 1402 URGENCY ORDINANCE NO. 1402
AN URGENCY 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 conducted a duly noticed public hearing on
October 25, 2017 to consider recommendation of this Sign Ordinance to the City
Council; and
Whereas, After a duly noticed public hearing, the Planning Commission by 3-0
voted to recommend that the City Council approve the changes to the Subchapter 153.1.70
"Sign Regulations" on October 25, 2017; and
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.
Whereas, Pursuant to California Government Code Section 36937 an ordinance may be
adopted without the need to bring it back for a second reading. By adopting the ordinance as an
urgency ordinance, the proposed amendments to the ordinance will go into effect immediately
upon adoption.
Whereas, the City must make a finding that the urgency ordinance is necessary for the
immediate preservation of the public peace, health or safety and must pass the urgency ordinance
by at least a 415th vote.
Whereas, the factual basis for approving this amended zoning code is that the United
States Supreme Court (Reed v. Town of Gilbert) has ruled that signs must be content neutral.
Furthermore the U.S. District Court has ruled specifically that the Baldwin Park Sign Ordinance
is unconstitutional. Based on this factual background adopting this urgency ordinance is
necessary for the immediate preservation of the public peace, health and safety in that the
residents of Baldwin Park requires a constitutional content neutral sign ordinance.
•
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
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 2
§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.
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
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 3
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.
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.
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 4
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:
(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 snore 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, 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
rio 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 is
may display two flags of no more than 10 square feet, and temporary or permanent signs with a
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 5
combined area of no more than six square feet, in addition to the basic residential exemption
provided above.
§ 153.170.050—Prohibited Signs
The following signs are prohibited on any property within the city:
A. Abandoned Signs.
B. Animated Signs.
C. InflatableBalloon Signs.
D. Roof Signs.
E. Murals.
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.
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.
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 6
§ 153.170.060—Temporary Signs
A. Permitted Temporary Signs. In addition to exempt temporary signs pursuant to §
153.170.040(C), upon application for and approval of a permit the following types of temporary
signs. may be displayed on the site of any non-residential property, provided they comply with
applicable standards provided in subsection B below:
1. A banner not exceeding 35 square feet.
2. A single-pole flag with ground spikes not exceeding 35 square feet.
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 banner and 1 single-pole flag permitted
under this section 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 banner 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 banner 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.
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
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 7
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.
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.
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 8
Monument signs may be located in planter medians abutting a driveway or within the
project driveway.
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Sign Regulations by Zone tis n "-)?
Maximu MUM. mu ,
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 32 sf 6 ft
C-1 frontage
MU-2
Wall 1 or more 50 sf 4 ft
Monument 1 per 64 sf 12 ft
frontage
C-2, Wall 1 or more 2 sf of sign area per 6 ft
F-C, linear foot of
I-C, • •
primary building
MU-1 frontage
without
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 80 ft 1.A maximum of 1
1 linear foot of freestanding sign is
street frontage permitted for lots with less
• than 800 linear feet of street
frontage. One additional
freestanding sign is
permitted for lots with more
C-2, F-C, than 800 linear feet of street
I-C, with frontage. For this purpose,a
freeway commercial center is
frontage considered a single lot.
• 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
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 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.
§ 153.170.100—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
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 10
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).
(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.
Ordinance No. 1402
Amendment To Subchapter 153.170
Page 11
§ 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 Urgency 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
Urgency 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
immediately upon adopting as an Urgency Ordinance pursuant to California Government Code
Section 36937 by a 4/5th vote of the City Council. The factual basis for approving this amended
zoning code by Urgency Ordinance is that the United States Supreme Court (Reed v. Town of
Gilbert) has ruled that signs must be content neutral. Furthermore the U.S. District Court has
ruled specifically that the Baldwin Park Sign Ordinance is unconstitutional. Based on this factual
background adopting this urgency ordinance is necessary for the immediate preservation of the
public peace, health and safety in that the residents and business owners in Baldwin Park require
a constitutional content neutral sign ordinance.
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 this IS day of November, 2017.
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L LOZANQTMAYOR
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Ordinance No. 1402
Amendment To Subchapter 153.170
Page 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. 1402 was adopted as an urgency matter at a regular meeting of the City Council
held November K,2017, by the following vote:
AYES: COUNCILMEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
•
ABSTAIN: COUNCILMEMBERS: None
i
. 91 --/
Alej.. dra Ali a •
City Clerk