HomeMy Public PortalAboutOrd. 1680URGENCY ORDINANCE NO. 1680
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, CALIFORNIA, ADOPTING AN
INTERIM MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR THE INSTALLATION, ERECTION,
CONSTRUCTION, REPLACEMENT, MODIFICATION, OR
IMPROVEMENT OF STATIC OR CHANGING
ELECTRONIC, DIGITAL, OR CHANGEABLE MESSAGE
BILLBOARDS WITHIN THE CITY OF LYNWOOD, SUCH A
MORATORIUM TO BE EFFECTIVE FOR A PERIOD OF
FORTY -FIVE (45) DAYS TO BECOME EFFECTIVE
IMMEDIATELY.
Section 1. Legislative Findings. The City Council of the City of Lynwood
hereby makes the following findings in support of this Urgency Ordinance:
WHEREAS, the City regulates signs and displays on signs in all zoning districts
to reduce potential traffic safety hazards and visual blight, and
WHEREAS, the City currently lacks any development regulations or design
guidelines in place for Billboard Structures and Billboards, and
WHEREAS, digital signs and billboards or electronic variable message signs are
being installed throughout the United States that include digital technology, light -
emitting diodes ( "LEDs "), and electronic graphic displays that permit signs to display an .
electronic image similar to a color television set and that permit a displayed image to
quickly change from image to another, and
WHEREAS, changeable electronic variable message signs, which allow
operators to change content from remote locations in a matter of seconds, are erected
for the purpose of trying to get the attention of pedestrians and motorists by changing
messages and pictures for short durations using a series of contrasting images
produced mainly via LED technologies, and
WHEREAS, excessive Billboard Structures and Billboards present aesthetic
harm and potential driving safety hazards, due to their physical size and placement,
regardless of what messages may be displayed on them, and
WHEREAS, the City Council does not intend by this Urgency Ordinance to
impermissibly infringe upon any protected free expression of speech rights; this
Ordinance does not affect in any way the operation of any legal, existing Billboard
Structures and Billboards which currently exist legally in the City; and
Billboard Moratorium 1 Ordinance No. 1680
WHEREAS, the City Council finds that the protection of the health, safety, and
welfare, specifically the City's and the public interests in community aesthetics and
safety supports an immediate adoption of this Urgency Ordinance; and
WHEREAS, this Ordinance is necessary to prevent irreversible development
from occurring by preventing the construction and placement of new Billboard
Structures in the City of Lynwood; and
WHEREAS, Government Code Section 65858, a provision of the State Planning
and Zoning Law, authorizes an interim Urgency Ordinance to prevent development
which may constitute a current and immediate threat to the public health, safety, and
welfare, within the meaning of Government Code Section 65858; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
FURTHER FINDS that the adoption of this Ordinance is necessary to protect the public
safety, health and welfare by ensuring and appropriate design and placement of
Billboard Structures and Billboards and preventing the construction and placement of
Billboard Structures and Billboards that would add visual blight to the City of Lynwood,
and that it should adopt this interim Urgency
THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
Section 2. As of May 17, 2016, no new Billboard Structures or Billboards may
be permitted in any zoning District, and the City hereby establishes an interim
moratorium on the acceptance and approval of applications for sign or building permits
for any Billboard Structure or Billboard
Section 3. City staff shall promptly commence studies that may deem necessary
and appropriate to make a recommendation to the City Council regarding an
amendment to the Sigh Ordinance regarding the development processing procedures,
location, design, overall size, height and display content within the City. Pursuant to
Government Code Section 65858(d), City staff shall prepare and submit for City Council
adoption at least 10 days prior to the expiration of the interim Ordinance or any
extension hereof, a written report describing the measures taken to alleviate the
conditions which led to the adoption of this Interim Ordinance.
Section 4. California Environmental Quality Act. This Ordinance is not a "project"
subject to the California Environmental Quality Act (CEQA). "Project" does not include
"general policy and procedure making" or "organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the
environment" pursuant CEQA Guidelines § 15378(b).
Billboard Moratorium 2 Ordinance No. 1680
Section 5. Pending Applications. As to applications for permits to construct new
Billboard Structures or Billboards, which have been accepted, processing and review of
such applications shall be suspended during the pendency of this temporary
moratorium.
Section 6. Severability. Should any provision of this Ordinance, or its application
to any person, parcel or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have effect on any other provision of this Ordinance or the application of this Ordinance
to any other person, parcel or circumstance and, to that end, the provisions are
severable.
Section 7. Effective Date. This Ordinance is adopted by a 4/5 vote of the
Lynwood City Council, shall take effect immediately upon its adoption as provided by
Government Code Section 65858, and shall be of no further at 11:59 p.m. on June 30,
2016, (which is 45 days after adoption), unless extended or terminated by further action
of the City Council.
Section 8. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and cause the same to be published or posted according to law.
APPROVED AND ADOPTED, this 17th day of May 2016.
ATTEST:
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Maria Quirionez, City Clerk
APPROVED AS TO FORM:
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David A. Garcia, City Attorney
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Edwin Hernandez, ayor
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
Billboard Moratorium 3 Ordinance No. 1680
STATE OF CALIFORNIA
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Ordinance No. 1680 was duly adopted by the City Council of the City
of Lynwood at its regular meeting held on the 17th day of May, 2016.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE,
CASTRO AND MAYOR HERNANDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
! i i n
Maria Quinonez, City Clerk O
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
1, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of
the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Ordinance No. 1680 on file in my office and that said Ordinance was
adopted on the date and by the vote therein stated. Dated this 17th day of May, 2016.
Maria Quinonez, City Clerk
Billboard Moratorium 4 Ordinance No. 1680