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Home My Public Portal AboutOrd. 1658ORDINANCE NO. 1658 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, TEMPORARILY PROHIBITING THE ESTABLISHMENT OF DIGITAL DISPLAYS ON ALL ADVERTISING STRUCTURES FOR ON- AND OFF - SITE ADVERTISING AND ADVERTISING DISPLAYS ON NON - TRADITIONAL ADVERTISING STRUCTURES AND PROHIBITING MODIFICATION OF EXISTING STRUCTURES PENDING COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S ZONING CODE WHEREAS, the Lynwood Municipal Code, including the Lynwood Zoning Code, currently lacks the ability to regulate digital displays on advertising structures displaying both on- and off -site advertising messages and advertising displays on non - traditional advertising structures, such as water towers; and WHEREAS, the City of Lynwood ( "City ") has received several inquiries and proposals from property owner applicants and /or tenants regarding locating new outdoor advertising structures with digital displays, converting static displays of advertising structures with digital displays, and placing advertising displays on non- traditional advertising structures in the City; and WHEREAS, the City Council anticipates that (1) new outdoor advertising structures having digital displays may locate in the City before a non - urgency ordinance would become effective, (2) an applicant may seek to convert an outdoor advertising structure to one having digital display(s) before a non - urgency ordinance would become effective; and /or that (3) advertising displays may be placed on non - traditional advertising structures before a non - urgency ordinance would become effective; and WHEREAS, without appropriate standards to regulate outdoor advertising structures with digital displays or advertising displays on non - traditional advertising structures on properties not controlled by the City or its related agencies, the City lacks the enforcement or contract powers to address any potential impacts from the installation of digital displays or advertisements on such structures; and WHEREAS, City staff requires time to develop appropriate regulations for the regulation of digital displays on outdoor advertising structures and advertising displays on non - traditional advertising structures in a manner that is consistent with applicable laws; and WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit the installation of digital displays on new or existing outdoor advertising structures and advertising displays on non - traditional advertising structures within the City; and WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to, prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning :department is considering or, studying..or- intends to study within a reasonable time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF: LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. Findings: A. There are currently no ordinances in the Lynwood Municipal 6r2oning Code (collectively, "Code ") specifically regulating or• nionitoring the � location, ;zoning standards, or other aspects of locating digital displays on advertising; structures, whether for on- or off -site advertising messages, or :aldveOising displays ,on non- traditional advertising structures. B. Although the City has made a conscientious effort to plan for outdoor advertising structures within specified zones and to" anticipate conflicts,j between competing land uses in order to protect the public's health, safety,_ and welfare, the Code does not currently provide specific development regulations.or'definitions relative to the use or placement of digital displays upon such structures, the distribution of such digital displays in proximity, of other such displays, or the ;placement of- advertising displays on non- traditional structures. C. The City has received proposals and applications, for installing> digital displays on either existing or new. outdoor advertising structures and installing advertising displays on non- traditional advertising structures within the City' acid 'has concerns that it lacks appropriate standards to regulate same. D. The establishment of digital displays . on new or. existing ;outdoor advertising structures and of advertising displays on non - traditional 'advertising structures without appropriate rules. and regulations could, result in the .'creation of negative secondary effects such as an increase in visual blight,.distractiorn toadrivers, overconcentration of displays, lack of standards to regulate brightness and distracting features on such displays and related matters. E. To allow time for the City to consider, study-and eriact. regulations ;,for the regulation of digital displays and advertising displays on non - traditional advertising structures, it will be necessary to .temporarily suspend the approval of the installation of digital displays on new or existing outdoor advertising structures � and .•advertising displays on non- traditional advertising structures, as such uses may be in conflict with - the development standards and implementation regulations that the City wilf ultimately impose after the City has considered and studied this issue, which shall be accomplished within a reasonable time. F. A moratorium will provide the City with time to draft and adopt appropriate regulations to regulate the location and operation of for such digital displays in a manner that is consistent with the Code, compatible with surrounding neighborhoods and in the best interests of the residents of the City. Section 2. Interim Prohibition: From and after the date of this ordinance, no use permit, variance, building permit, or any other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish, a "digital display" upon any new or existing outdoor advertising structure, whether for on- or off -site advertising, or an advertising display on any "non- traditional advertising structure ", and no operator of an existing outdoor advertising structure shall be authorized to install a digital display on an outdoor advertising structure for a period of 45 days. For purposes of this ordinance, "outdoor advertising structure" shall mean a sign structure in a fixed location which meets any one or more of the following criteria: 1) It is used for the display of either on- or off -site commercial messages; 2) it is used for general advertising; 3) the message display area, or any part thereof, is made available to message sponsors other than the owner(s) or operators(s) of the sign; 4) the sign is a principal or secondary use of the land, or an appurtenant or accessory to some other principal use of the land. The term 'outdoor advertising structure" shall also include those improvements defined at Sections 25 -70 -12 and 25 -70 -13 of the Code. The term "digital display" shall mean any sign face or panel of an outdoor advertising display that displays still images, scrolling images, or moving images, including video and animation, 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 to change the image. The term "non- traditional advertising structure" shall mean 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. Section 3. Urgent Need . Based on the foregoing recitals and findings which are all deemed true and correct, this interim ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare. This interim ordinance shall take effect immediately upon adoption and shall be of no further force and effect 45 days following the date of its adoption unless extended in accordance. with the provisions set forth in Government Code Section 65858. Section 4. Authority Government Code Section 65858 provides that an urgency measurejn the form of an initial interim ordinance may be adopted without prior public notice by a four -fifths vote of the City Council, which shall be effective for only, 45_'days ,following its° date of adoption. Government Code Section 65858 further; provides that, such an, urgency;, measure may be extended following compliance with that section,foc up to anadditional 22 months and 15 days beyond the original '45- day,period. Section 5. Penalties The definitions and penalties for land use violations that are prescribed in the Code shall apply to violations of the provisions of this Interim Ordinance. Section 6. Severability If any, provision of this Interim Ordinance or the application, thereof. "to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Interim Ordinance which can be. given effect - without the invalid provision or application and to this end the provisions of'this 1ntbrim Ordinance are hereby declared to be severable: Section 7. Notice The City Clerk shall certify to the passage of this Interim, Ordinance -and-shall, cause the same to be published and /or posted at the designated, in t p P 9 he City of Lynwood. PASSED, APPROVED and ADOPTED, this 2nd day of April, 2013. Aide'Castro, Mayor ATTEST: i aria Quinonez, City Clerk Sarah M.WdLers, City Manager APPROVED AS FOR FORM: APPROVED AS TO CONTENT: � i�nil Amuo David A. Garcia, City Attorney Jo than Colin, Director D velopment 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 2 "d day of April, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE ABSTAIN: NONE WNA&4��4A aria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, 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. 1658 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 2nd day of April, 2013. I Mr MINNOW A aria . -- 'Uty Clerk of