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HomeMy Public PortalAbout24) 9.C. Intro and First Reading of Ord. 13-974 CUP for All Signs with Changeable CopyAGENDA ITEM 9.C. COMMUNITY DEVELOPMENT DEPARTMENT DATE: June -18,2013 MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manag/ Via: Mark Persico, AICP, immunity Development Director By: Geoffrey Starns, AICP, Planning Manager SUBJECT: PUBLIC HEARING: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-974, AMENDING CHAPTER 1 ("ZONING CODE") OF TITLE 9 ("ZONING REGULATIONS") OF THE TEMPLE CITY MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR ALL SIGNS WITH CHANGEABLE COPY RECOMMENDATION: The City Council is requested to: a) Introduce and hold a public hearing regarding Ordinance No. 13-974 (Attachment "A"), amending Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Temple City Municipal Code to require a Conditional Use Permit for all signs with a changeable copy; and b) Schedule the second reading of Ordinance No. 13-974 for July 16, 2013. BACKGROUND: 1. On May 26, 1960, the City of Temple City was incorporated as an official Los Angeles County municipality. Since the City's incorporation there have been eight amendments to the Sign Code. 2. On December 7, 1976, Ordinance No. 76-441 was adopted reducing the maximum height of free-standing signs to 20 feet. 3. On October 1, 1985, Ordinance No. 85-571 was adopted amending Sections 9321 and 9326 to define and provide standards for Marque/Under Canopy and Pedestrian -Oriented Signs. 4. On December 17, 1985, Ordinance No. 85-577 was adopted amending Section City Council June 18, 2013 Page 2 of 3 9326 requiring addresses in commercial and industrial properties, and requiring 50 percent of a sign to be in Roman Alphabet and/or Arabic numerals. 5. On October 7, 1986, Ordinance No. 86-594 was adopted amending Section 9321, 9322, and 9326 adding a definition for temporary signs, modifying when a permit is required and providing standards for temporary and window signs. 6. On November 20, 1990, Ordinance No. 90-675 was adopted amending Section 9326 requiring signs to be in English. 7. On May 27, 2003, Ordinance No. 03-885 was adopted amending Section 9325 and the Downtown Specific Plan related to temporary signage. 8. On November 7, 2006, Ordinance No. 06-913 was adopted amending Section 9326 prohibiting signs that indicate a business provides massage or that have the words massage, massaging, masseur, or masseuse contained in it. 9. On February 15, 2011, Ordinance No. 11-941 was adopted amending Sections 9328 and 9329 related to nonconforming signs and prohibiting billboards in the City. 10. On May 28, 2013, the Planning Commission recommended that the City Council approve the proposed code amendment regarding changeable copy signs. ANALYSIS: Staff has received numerous inquiries regarding placement of electronic reader board signs in the City (i.e., electronic reader boards are a type of sign with a changeable copy). A review of the City's existing Sign Code revealed that the code was written prior to the electronic reader boards being created and becoming an inexpensive option for signage. The Sign Code, currently does not address this type of signage and its impacts. 1. Current Sign Code Regulations Currently, the City does not require a Conditional Use Permit (CUP) for a electronic reader board sign. Electronic reader board signs are allowed to be up to 20 feet tall. Since they have the ability to rotate their images, this could cause a safety hazard to drivers on the adjacent street. In addition, electronic reader boards can impact neighborhoods with light, glare and other issues. There currently is nothing in the code that allows staff to review these signs for safety hazards or impacts to neighborhoods or to ensure they are compatible in design, size, etc. with the neighborhood. City Council June 18, 2013 Page 3 of 3 2. Proposed Changes to Sign Code The proposed amendment would require that any sign that is proposing changeable copy of any type (not just electronic reader boards), would require a Conditional Use Permit (CUP) approved by the Planning Commission. The code amendment is also including additional findings related to signs that need to be made to approve a changeable copy sign. The proposed code amendment will add "Signs with Changeable Copy" to list of items that require a CUP to Section 9202 of the Code. In addition, Section 9323 will add a cross reference stating that changeable copy signs require a CUP and add findings directly related to signs that the Planning Commission will have to make in order to approve the CUP. Those findings will ensure that a proposed sign is not detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity; does not create a distraction for drivers or create any other traffic hazard; and is designed to be compatible with, and enhance the existing property and surrounding neighborhood through the size, shape, color, and/or materials of the sign. The proposed code amendment will address a long standing deficiency in the City's sign code. It is intended that this proposed ordinance will be a short-term solution as staff is preparing to start a comprehensive sign code update. The project, which was approved as part of the Fiscal Year 2013-14 City Budget, will be completed in approximately one year. CONCLUSION: The City Council is request to approve Ordinance No. 13-974 amending Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Temple City Municipal Code to require a Conditional Use Permit for all signs with a changeable copy. FISCAL IMPACT: Adoption of proposed Ordinance No. 13-974 will not cause fiscal impact upon the FY 2012-13 City Budget. The City will generate revenue from the issuance of Conditional Use Permits. Staff cannot estimate at this time how many CUPs will be issued, however, if the increase in revenues is significant, staff will return at Mid -Year Budget Review with a revised revenue estimate. ATTACHMENT(S).: A. Ordinance No. 13-974 CITY OF TEMPLE CITY ORDINANCE NO. 13-974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING TITLE 9 OF THE MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR ALL SIGNS WITH CHANGEABLE COPY. WHEREAS, The City of Temple City Municipal Code regulates signage in the City; and WHEREAS, the Sign Code dates back to incorporation; and WHEREAS, The Sign Code predates electronic reader boards and similar displays; and WHEREAS, The Sign Code does not address potential impacts from these types of signs; and WHEREAS, These types of signs can create safety hazards that are detrimental to public safety; and WHEREAS, the City of Temple City has a substantial interest in promoting the public health safety and welfare of the community; and WHEREAS, the City of Temple City recognizes the need to implement reasonable review of these types of signs in order to protect the public safety; and WHEREAS, the Planning Commission of the City of Temple City held a public hearing on May 14, 2013 to consider this code amendment; and WHEREAS, the planning Commission of the City of Temple City recommended the City Council approve the Code Amendment requiring a Conditional Use Permit for Signs with Changeable Copy; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to regulate these signs to ensure they are designed and constructed in a manner that is compatible with the existing neighborhood and does not create safety hazards. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Section 9202 of Article F ("Zone Variances and Conditional Use Permits") of Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations') of the Temple City Municipal Code is amended as follows: Add "Signs with Changeable Copy" to list of items that require a CUP; SECTION 2: Section 9323 of Article L ("Signs') of Chapter 1 ("Zoning Code") of Title 9 ('Zoning Regulations') of the Temple City Municipal Code is amended by adding Subsection K to read as follows: Any sign proposed with changeable copy, including electronic reader boards or other electronic displays of any kind, require a Conditional Use Permit in accordance with Article F of this Code. In addition to the finding required for a Conditional Use Permit, the following findings shall also be made: 1. The proposed changeable copy sign will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity; and 2. The proposed changeable copy sign will not create a distraction for drivers or create any other traffic hazard; and 3. The proposed changeable copy sign is designed to be compatible with, and enhance the existing property and surrounding neighborhood through the size, shape, color, and/or materials of the sign. SECTION 3: This Ordinance shall be effective on the 31St day after adoption. SECTION 4: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. 2 PASSED, APPROVED, AND ADOPTED this 16th day of July, 2013. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 13-974 was introduced at the regular meeting of the City Council of the City of Temple City held on the 18th day of June 2013, its second reading on 16th day of July, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on 16th day of July, 2013 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk Cj