Loading...
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. i iii ( I SID ti411 14,UOTnbi0 15 174{ t,i id; i 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. . -► � moi. 4111111111101111117 L LOZANQTMAYOR . 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