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HomeMy Public PortalAboutOrd. 1662ORDINANCE NO. 1662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -05 AMENDING ARTICLE 70 OF CHAPTER 25 RELATING TO HIGHWAY /FREEWAY ORIENTED SIGNS AND OFF SITE OUTDOOR ADVERTISING DISPLAYS WHEREAS, the City Council has determined that a comprehensive ordinance updating highway /freeway oriented signs and off -site outdoor advertising displays development standards is necessary to better adapt to legislative changes and new technologies; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 14, 2013 conducted a public hearing on the subject; and adopted Resolution No. 3319 approving Zoning Ordinance Amendment No. 2013 -05; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the proposed Zoning Ordinance Amendment to update Article 70 of Chapter 25 relating to highway /freeway oriented signs and off -site outdoor advertising displays is consistent with the General Plan and promotes uniform and updated application of the regulations of signs and off -site outdoor advertising displays; and WHEREAS, the City would like to update development standards in regards to highway /freeway oriented signs and off site outdoor advertising, digital signs, and non- traditional signs; and WHEREAS, the Development Services Department's Planning Division has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 1 5060(c)(2) and 15601(b)(3) of the State Guidelines as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 25 -70.12 and 25 -70.13 are hereby .amended to the Lynwood Municipal Code to read as follows: 25- 70.12: HIGHWAY /FREEWAY ORIENTED SIGNS: Commercial and industrial uses on parcels immediately adjacent to the 1 -710 or the 1- 105 may install signs which meet the following criteria, or as approved by the planning commission: A. The sign may advertise the name(s) and logo(s)'of uses on the same parcel or in the same development as the sign. Advertisement of offsite uses, or theuse of off site signs for advertising, is prohibited'. B. Up to three (3) names /logos -may be placed on'the sign. Additional name's may be placed, subject to approval by the planning commission.' C. Signs may be up to one hundred feet (100') in height, or as approved,by the planning commission on a case by case basis. D. Maximum sign area for each sign face shall be four hundred (400) square feet, or as approved by the planning commission. Each sign shall have a; maximum of two .(2) faces: E. Developments of up to ten (10) acres may erect one freeway oriented. sign. Developments of more than ten (10) acres may erect a maximum of. two (2) signs. F. Highway /freeway oriented signs may not rotate or be animated in any way. G. "Reader boards" or similar devices for showing ;changing, text and /or graphic messages may be used, subject to approval of a conditional use permit by the planning commission. H. Highway /freeway oriented signs consistent with ;this section may :be placed on parcels not immediately adjacent to the highway /freeway, if''approved by the planning commission. I. The design and location of all highway /freeway oriented signs shall be subject to the review and approval of the planning commission. J. Highway /freeway oriented signs may not be used to advertise uses, products, or other items not located . on the same parcel or in the :same 'commercial development as the sign. K. Highway /freeway oriented signs shall be spaced a minimum of five hundred feet (500') apart. (Ord. #1563, §3) L. Non- traditional advertising structure — Any non. traditional structure .(e.g. water towers, cell towers, or silos) used or maintained for purposes of posting posters, bills, printed, painted or other advertisement of any kind, are subject to approval of a conditional use permit by the planning commission. 25- 70.13: ON -SITE DIGITAL DISPLAY SIGN REGULATIONS: 1. Digital Display Sign: A digital sign /display are permitted in any shopping center that meets the minimum development standards of the zoning district in which the subject property is located. A. Conditional Use Permit. All digital display signs shall be required to obtain a conditional use permit by the Planning Commission prior to the issuance of a building permit. B. Number. One (1) digital display sign per property. C. Area-Digital display sign copy area shall be limited to thirty -two (32) square feet in area. D. Copy. Digital display sign copy shall be limited to the identification of the businesses and services of the shopping center in which the digital display sign is located. The digital display sign shall not advertise off -site businesses, services, or products. E, Illumination. The illumination of digital display signs shall conform to regulations established in Article 70 of the Lynwood Municipal Code as well as State and Federal regulations. The City has the authority to ask operators of the digital display sign to lower the intensity of illumination. F. Projection. 1. No portion of an electronic • message center sign shall project into any right - of -way. 2: The vertical clearance from grade to the lowest point of the sign is eight feet (8') for pedestrian use and fourteen feet (14') for vehicular use. G. Location: 1. Digital display sign shall have a minimum separation of one hundred feet (100') from a residential zone, as measured from the center of the digital display sign to the nearest residentially zoned property line. 2. The' minimum distance required between a freestanding sign and an digital display sign shall be one hundred feet (100'). 25- 70.14: OFF SITE OUTDOOR ADVERTISING DISPLAYS: I A. Notwithstanding any other provision of the zoning code, off site outdoor advertising displays shall be allowed in all commercial and industrial zones, on any size parcel, whether public or private property, subject to the following criteria: 1. The advertising display shall be included as part of a development agreement, lease agreement or other agreement with the city or its related agencies, including but not limited to the Lynwood Parking Authority, ( "related agencies "), and the agreement contains performance, onetime fee,,-,public benefits, or ongoing revenue provisions that allow the city or related agencies to undertake projects, programs, or other activities that improve the visual environment. 2. The advertising display shall be placed ,within six -hundred sixty: feet {660'} from the edge of the right of way of a freeway; except as may be approved in a development agreement, lease or license per subsection A .1I2 below, subject -to applicable provisions of Business and Professions Code, Sections 5200,et: seq. 3. No advertising display shall be placed within -five hundred feet (500) from another advertising display on the same side of any portion of a freeway, except as may be approved in a development agreement, lease or license per subsection A.12- below. 4. The advertising structure shall not exceed the minimum height necessary to provide one thousand feet (1,000') of unobstructed visibility zfrom:the main traveled way to each facing on the advertising structure. The minimum height shall be measured above the adjacent freeway grade; or -if.on a commercial . corridor, from ground level. 5. No advertising structure shall have a facing that exceeds one'thousand two hundred (1,200) square feet in area with a maximum height of twenty-five feet (25') and maximum length of sixty feet (60'), -including border and' trim and extensions, and excluding base or apron supports and other structural members. This subsection shall apply to each facing on an outdoor advertising structure. The area shall be measured by the smallest square, rectangle; triangle, circle, or combination thereof, which will encompass the .entire, advertisement and is made based on the height and the length but not the depth-of theadvertisin' copy. 6. No advertising display maybe placed that is so illuminated -..or contains . digital, display that it interferes with the effectiveness of; or obscures any official traffic sign, device, or signal or violates any applicable law; nor _shall any advertising" display include any digital display or be illuminated in a rimanner.that includes - flashing, intermittent, or moving lights as further prohibited by the provisions of the Business and Professions Code; nor shall any advertising display cause, beams or rays of light to 'be directed at the traveled ways - if the.,light is of an intensity or brilliance as to cause glare or to impair-the vision of anydriver, or to interfere with any driver's operation of a'motor vehicle. 7. Existing setback and yard' requirements of the underlying - commercial or, industrial zone shall not be applicable to placement of any, advertising'structure, No minimum setback or yard requirements shall °be applied to `placement of an advertising display. i i 8. No advertising display shall be placed or maintained in violation of the outdoor advertising act, chapter 2 (commencing with section 5200) of division 3 of the California Business and Professions Code, or any other applicable state, federal, or local law. 1 9. Unless otherwise specified in this section, the general sign requirements set forth in the Business and Professions Code shall apply to plans and materials for and to design,1construction, street address numbers, identification and maintenance of outdoor advertising displays approved under this section. 10. No person; shall place an off site outdoor advertising structure without first having secured a zoning permit, a sign permit and a building permit. a. A separate building permit shall be required for each advertising structure whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are;the subject of a single development proposal. b. At the discretion of the director of development services, a separate zoning permit shall be issued for one advertising structure or a single zoning permit may be issued for any number of advertising structures proposed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal and, equally compliant under all applicable Business and Professions Code requirements. i 11. No permit! of any kind shall be issued for an advertising display without prior approval of an appropriate agreement, by the city council, as described in subsection A.1 above, and permits per subsection A.10 above. i a. An application for approval of a zoning, sign and building permit for an off site advertising structure shall be filed with the city council in accordance with the following provisions: (1) Any person who has an ownership, license or leasehold interest in the land parcel may file an application for approval of a zoning and building permit for an off site advertising structure. If submitted by the holder of a license or leasehold interest, the application must include a statement of consent to proceed with the proposed development executed by the holder of an ownership interest and acknowledged before a notary public for the state of California. (2) The application may request review of one or multiple advertising structures. (3) The application. shall, be accompanied by photos of all existing signage and accurate architectural :renderings..and elevations of. proposed advertising structures, as well as -, a` scaled plot.plan and elevations showing the locations of all existing structures "and improvements on the property, and the proposed .'advertising structure(s). (4) At the time of filing the application, for permits, the applicant .shall pay a filing fee in accordance . with a city, council, approved resolution. This fee shall be in addition to any other required fees for permits relative to development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application. (5) Any permit issued shall be the property of the applicant. 12. Where any standard imposed by a negotiated "development agreement, lease or license differ from the general standards set forth in this section or sections 25- 130 -5 or 25 -135 -6 of this chapter, the standards imposed. by the development agreement, lease or license shall apply over the general standards,as a:matter of public interest and in the discretion of the city or its related 'agencies. B. The city council may act�on the application directly -or refer the, application to the planning commission for review and, recommendations`or determination. 1. Before approving any off site advertising display permit application, the city council, or before recommending approval, the planning commission upon city council referral, shall make the following determination concerning the parcel(s) for- which.permits are sought: a. All existing and proposed advertising displays are appropriately scaled to the, architectural character of all buildings and structures on the parcel; b. All existing and proposed advertising displays result- in a complementary, enhancement to the architecture on the parcel; c. All existing and proposed advertising displays result .in.•6 visually uncluttered . appearance; d. All existing and proposed advertising displays enhance commercial corridors and' properties and do not obscure street views of public art, council designated historical buildings, or city council designated projects; e. All existing and proposed advertising displays minimize potential traffic • hazards; f. All existing and proposed advertising displays are compliant with all applicable provisions of this zoning code, and federal, state and local law relevant thereto. 2. The city council may impose, or the planning commission upon city council referral may recommend, additional conditions as are reasonably necessary to ensure the development is consistent with the general plan, compatible with surrounding land use, meets the provisions and intent of this zoning code, minimizes potential traffic hazards, and otherwise protects the public health, safety and welfare. In making such determinations, findings shall be made that the proposed use is in general accord with the principles and standards set forth in section 25 -130.5 of this chapter or as such standards may be modified for development agreements, leases or licenses per subsection A.12 above. 3. Without exception, every outdoor advertising display approved under this section shall be subject to the following express conditions and reservations: a. If an advertising display is illuminated, any illumination shall not impair the vision of travelers on any adjacent highway, including the freeway or_ commercial corridor. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466.5 of the California Vehicle Code, or any successor statute or Caltrans regulation. The City further reserves the right to impose a more restrictive illumination standard in light of ambient lighting in the area of any advertising display. b. When an :advertising display is defaced with graffiti, the display owner shall remove the graffiti within forty eight (48) hours after telephonic notice by city. 4. The decision of the city council shall be final and conclusive. The city council may refer the application to the planning commission for, review and recommendation back to the city council. 5. Except where an outdoor advertising display is considered per subsection A.1 above, in which case the provisions of subsection A.12 above apply, any proposed variance to this subsection shall be deemed a major variance and may be approved only if the city council determines that each of the required findings set forth in section 25 -135.6 of this chapter are met. C. All existing off site outdoor advertising displays that have previously obtained required permits, and which remain in compliance with the terms and conditions of those permits but that are not in conformance with the provisions of this section shall become nonconforming uses. The owner of a nonconforming outdoor advertising display may perform normal repairs and customary maintenance to such existing nonconforming advertising displays, including, but not limited to, changing the advertising message and adding an extension to the outside dimension of a facing. D. All off site outdoor advertising displays approved under this section and existing nonconforming advertising displays may be relocated ,by-mutual agreement between the display owner and the city council on whatever terms are agreeable to both parties. 1. 'Relocation" as used in this section, includes removal of an advertisingstructure• and construction of a new advertising structure to substitute for the advertising . structure removed. 2. The purpose of this subsection is to allow the city ,to_ con tinue to - develop in a. planned manner without expenditure of public funds while allowing the.cotinued;_ . maintenance of private investment and a medium of, public communication. ; established in outdoor advertising. E. Whenever the following terms are used in this section,. they, shall be construed, as defined in this subsection: ADVERTISING DISPLAY: Refers to advertising structures and to,signs placed for off site outdoor advertising purposes on advertising structures.* ADVERTISING STRUCTURE: A--structure of any kind or character+,erected,- used, or maintained for off site outdoor advertising purposes,.upon which any poster,. bill; printing, painting, or other advertisement of any kind whatsoever may, be placed. DIGITAL DISPLAY SIGN: Any sign face or. panel of an outdoor sign display• that displays still images, utilizing LED (light emitting diode),. LCD (liquid crystal, ;display), plasma display, fiber optic, projected images or any functionally equivalent technology,, and which is capable of automated, remote, or computer control change of the image. EXTENSION: An increase in the size of the advertising area up to thirty, three. percent (33 %) of the total advertising area of the facing which does not exceed ; the height, length or total area allowed for in subsection A5 of this section. FACING: The portion of the advertising structure that contains any poster, bill, printing,, painting, or other advertisement of any kind whatsoever. FLASHING, INTERMITTENT, OR -MOVING LIGHT: A light or message that -changes more often than once every four (4) seconds. The illumination or. the appearance of illumination, resulting in a change of message or advertising copy is not the use of flashing, intermittent; or moving light, unless it changes more.often than once every four (4) seconds. FREEWAY: A'divided arterial highway for through traffic-.With full control of access and with grade separations at intersections. MAIN TRAVELED WAY: In the case of a freeway, the'traveled: way of each °of the separate roadways for traffic in opposite directions is the main traveled: way. NON- TRADITIONAL ADVERTISING STRUCTURE: A structure of any kind or character, erected, used, or maintained for purposes other than advertising purposes (e.g. water towers, cell towers, or silos) upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed. The term "non- traditional advertising structure" shall not include a building or structure used for the display of on- site commercial messages of commercial uses located at or within said building or structure. SIX HUNDRED SIXTY FEET FROM THE EDGE OF THE RIGHT OF WAY: Six hundred sixty feet (660') measured from the edge of the right of way horizontally along a line perpendicular to the centerline of the highway. (Ord. #1582, §1) Section 2. Except as expressly modified pursuant to this Ordinance, all provisions of the Lynwood Municipal Code shall remain unmodified and in full force and effect. Section 3: If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation. First read at a regular meeting of the City Council held on the 4th day of June, 2013 and adopted and ordered published at a regular meeting of said Council on the 18th day of June, 2013. j PASSED, APPROVED AND ADOPTED this 18th day of June, 2013. Salvador Alatorre, Mayor ATTEST: APPROVED AS TO FORM: Fred Galante, City Attorney Acting City Manager for Roger 'L. Haley, City Manager Jon an Colin; Director De lopment Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 18th day of June, 2013. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: COUNCIL MEMBERS CASTRO AND SANTILLAN -BEAS ABSTAIN: NONE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) , the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1662 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 18`h day of June, 2013.