Loading...
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: 17.../.L Maria Quirionez, City Clerk APPROVED AS TO FORM: �W) -h &"N David A. Garcia, City Attorney f V-- /L--e 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