HomeMy Public PortalAboutA 2016-11-08 PLANNING COMMISSIONCity Of
.
..LYNWOOD
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California
11330 Bullis Road
Lynwood, CA 90262
(310) 603 -0220
PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT
DISTRICT BOARD (PBIDB)
REGULAR MEETING
Tuesday, November 8, 2016 - 6:00 P.M. R a V 1 V E D
CITY HALL COUNCIL CHAMBERS NOY 03 2016
LYNWOOD, CA 90262
CITY OF LYNWOOD
AGENDA
CITY CLERKS OFFICE
In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled
person and need a disability related modification or accommodation to participate in this
meeting, please contact the City Clerk's Department at (310) 603 -0220 ext 214.
Requests must be made as early as possible, and at least one full business day before
the start of the meeting. Staff reports or other materials related to an item on this
Agenda which are distributed to the Planning Commission less than 72 hours before
this scheduled meeting shall be available for public inspection in the Development,
Compliance and Enforcement Department/Planning Division office located at 11330
Bullis Road, Lynwood, CA 90262, during normal business hours.
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA
3. WELCOME NEW COMMISSIONER, MR. JUAN ENCISO
4. ROLL CALL
1. Juan Enciso, Commissioner
2. Elizabeth Battle, Commissioner
3. Bill Younger, Commissioner
4. Kenneth West, Vice -Chair
5. Jorge Casanova, Chairperson
5. PLEDGE OF ALLEGIANCE
6. PRESENTATIONS AND RECOGNITIONS
None
Planning Commission & Parking & Business Improvement District Board Agenda
November 8, 2016
Page 2 of 3
6. APPROVAL OF MINUTES
. a. Minutes of the October 11, 2016, regular meeting.
7. SWEARING IN OF SPEAKERS
(City Clerk or Designee)
8. NON - AGENDA PUBLIC ORAL COMMUNICATION
(This time is reserved for members of the public to address the Planning
Commission relative to matters that are not on the agenda. No action may be
taken on non - agenda items unless authorized by law)
9. PUBLIC HEARING(S)
(With respect to speakers addressing items listed under the heading of public
hearing, you are asked to wait until the Chair formally opens the public hearing and
the item is called)
A. Request to consider Tentative Tract Map 2015 -01, an air space subdivision of
one parcel's air space, for future development of six (6) detached
condominiums on property located at 11347 Louise Avenue.
I. Staff Report Presentation
II. Open Public Hearing ( M S )
III. Public Testimony
IV. Close Public Hearing
V. Commission Discussion
VI. Call for the question /vote ( M S )
B. Request to consider proposed amendments to the Lynwood Municipal Code,
Chapter 25- 70 -14, to revise the standards for off -site outdoor advertising
displays in the City of Lynwood. (Continued from October 11, 2016).
I. Staff Report Presentation
II. Open Public Hearing ( M
III. Public Testimony
IV. Close Public Hearing
V. Commission Discussion
VI. Call for the question /vote ( M
10. OLD BUSINESS
None
2
S )
S )
Planning Commission & Parking & Business Improvement District Board Agenda
November 8, 2016
Page 3 of 3
11. PLANNING COMMISSION /PBIDB ORAL COMMUNICATIONS
1. Juan Enciso, Commissioner
2. Elizabeth Battle, Commissioner
3. Bill Younger, Commissioner
4. Kenneth West, Vice Chair
5. Jorge Casanova, Chairperson
12. DIRECTOR COMMUNICATIONS
13. ADJOURNMENT
Next Regular Meeting is scheduled for December 13, 2016.
APPROVED BY:
Andre Dupr" im Director of Development,
Compliance and E forcement Services
Lynwood Planning Commission
LYNWOOD PLANNING COMMISSION
October 11, 2016
Item #1 -Call Meeting to Order
Chair called the meeting to order at 6:01 PM
Item #2- Flag Salute
Vice Chair West led the flag salute.
Item #3- Roll Call of Commissioners
Planning Manager, Mike Poland called roll. Commissioner Battle, Vice Chair West and
Chair Casanova were present, Commissioner Younger was absent.
Also present were Interim Director of Development, Compliance & Enforcement
Services Andre Dupret, Planning Manager Mike Poland, Planning Associate Karen
Figueredo, and City Attorney David Garcia.
Item #4- Certification of Agenda Posting
Chair Casanova asked if the Agenda had been duly posted and Planning Manager Mike
Poland indicated that the Agenda was in fact duly posted.
Item #5- Presentation and Recognition
Presentation of a Certification of Appreciation to former Planning Commissioner Alex
Landeros.
Item #6- Minutes
It was moved by Vice Chair West and seconded by Chair Casanova to approve the
Minutes from the Planning Commission meeting from September 13, 2016.
Item #7- Swearing in Speakers
City Clerk Maria Quinonez swore in members of the audience.
Item #8- Public Orals (Non - Agenda)
None
1
NEW REGULAR AGENDA (PUBLIC HEARING)
Item #9 A- Conditional Use Permit No. 2016 -01
Applicant: Edvin Tavanian
11400 Alameda Avenue
Proposal:
Planning Associate Karen Figueredo introduced the item to the Commission and
provided information from the staff report. The applicant, Edvin Tavania, is requesting
that the Planning Commission consider and approve Conditional Use Permit No. 2016-
01 to establish an auto body repair shop within and existing 3,000 square foot building
on property located at 11400 Alameda Avenue, suite #2 in the M (Manufacturing) zone.
Recommendation:
Staff recommended that the Planning Commission adopt Resolution No. 3360 approving
Conditional Use Permit No. 2016 -01.
Chair Casanova opened Public Hearing.
Business owner Alfredo Jose, 15101 Virginia Avenue presented his project.
Chair Casanova inquired if residences would be affected by the fumes created by the
business.
Planning Manager Poland explained that the business will have to comply with the
California Building Code ventilation and filter regulations.
Chair Casanova closed public hearing.
Hearing no further discussion, it was moved by Chair West, seconded by Commissioner
Battle to adopt:
RESOLUTION NO 3360 APPROVING CONDITIONAL USE PERMIT NO. 2016 -01
(74275) A REQUEST TO ESTABLISH AN AUTO BODY SHOP AT 11400
ALAMEDA AVENUE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER
6169 - 001 -002.
2
ROLL CALL:
AYES: BATTLE, WEST, CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: YOUNGER
ITEM #9 B (Amendments to Lynwood Municipal Code (LMQ Section 25 -70-
14 relative to off -site outdoor advertising displays)
Applicant: City of Lynwood
Proposal:
Planning Manager Mike Poland introduced the item to the Commission and provided
information from the staff report.
Recommendation:
Staff recommended that the Planning Commission continue the item to the next
regularly schedule Planning Commission meeting.
Hearing no further discussion, it was moved by Chair Casanova, seconded by
Commissioner Battle to continue the item to the next Planning Commission meeting.
ROLL CALL:
AYES: BATTLE, CASANOVA,
NOES: NONE
ABSTAIN: WEST
ABSENT: YOUNGER
ITEM #10- Old Business
None
PLANNING COMMISSION /PBIDB COMMUNICATION ORALS
None
DIRECTOR COMMUNICATIONS
None
3
ADJOURMENT
Having no further discussion, it was moved by Chair Casanova and seconded by Vice
Chair West to adjourn the meeting.
Planning Commission meeting was adjourned at 6:15 PM
SECRETARY:
Andre Dupret, Tnterh Director
Department of Development,
Compliance and Enforcement Services
E
DATE: November 8, 2016
TO: Honorable Chair and Members of the Planning Commission
FROM: Andre Dupret, Interim Director of Development,
067 Compliance and Enforcement Services
Karen Figueredo, Planning Associate
SUBJECT: Tentative Tract Map No. 2015 -01, an air space subdivision of one
(1) parcel's air space, for future development of six (6) detached
condominiums on property located at 11347 Louise Avenue.
APPLICANT: Pardo Land Use Consultant
RECOMMENDED ACTION
1. DETERMINE that Tentative Tract Map No. 2015 -01 is Categorically Exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor
Land Divisions.
2. APPROVE Resolution No. 3348 thereby approving Tentative Tract Map No. 2015-
01, an air space subdivision of one (1) parcel's air space, for future development of
six (6) detached condominiums on property located at 11347 Louise Avenue.
PROJECT:
The applicant, Pardo Land Use Consultant, is requesting that the Planning Commission
consider and approve Tentative Tract Map No. 2015 -01 an air space subdivision of one
(1) parcel's air space, for future development of six (6) detached condominiums on
property located at 11347 Louise Avenue, further described as Assessor's Parcel
Number 6194 - 023 -028.
BACKGROUND:
The Property is located on the west side of Louise Avenue between Sanborn Avenue
and Martin Luther King Jr. Blvd in the R -3 (Multi - Family Residential) zone. The Property
is rectangular in shape, totals approximately 19,800 square feet in area (see
Attachments A and B), and is improved with two (2) existing single family houses.
A "detached condominium" is equivalent as a single family detached home, however,
the "boundaries" or "envelope" of the condominium cover only the area bounded by the
exterior walls. Thus, you have a home that looks like a single family home, has a yard
like one, and even has fences, etc., but it is a condominium.
It means that you own the interior only. You do not own the ground beneath, the
exterior walls, or the roof and you are not responsible for maintaining those either. The
common areas, amenities and utilities are managed collectively by the owners through
their owners' association. An association, and its elected governing board, performs the
management functions.
As part of the subdivision, the applicant proposes to demolish the existing two houses
and garages and create six (6) detached condominiums. The proposed project consists
of condominiums that are two -story in height with three (3) bedrooms and attached two -
car garages and three (3) guest parking stalls.
DISCUSSION
The Subdivision Map Act, codified in Government Code Section 66400 et seq., governs
subdivision tract and parcel maps. Under Section 25 -180 -2 of the Lynwood Municipal
Code ( "LMC "), the provisions of the Subdivision Map Act relating to the review and
approval of tentative, final, and parcel maps are applicable to the City.
Per Section 66474, the Planning Commission cannot approve a tentative map if it finds
any of the following:
• That the proposed map is not consistent with applicable general and specific
plans as specified in Section 65451.
• That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
• That the site is not physically suitable for the type of development.
• That the site is not physically suitable for the proposed density of development.
• That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
• That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
2
• That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
Staff believes that none of the above applies to the Project and therefore the Planning
Commission can approve the Tentative Map. Specifically, the following findings can be
made:
The Tentative Tract Map is consistent with the approved, applicable general and
specific plans:
The Tentative Tract Map will result on the subdivision of one (1) parcel's air
space, for future development of six (6) detached condominiums on property
located at 11347 Louise Avenue. The current zoning of R -3 (Multi - Family
Residential) is consistent with the General Plan Land Use designation of
residential for the Property. The Property will be improved with uses consistent
with the goals and objectives of the General Plan, which allows multi - family
developments of apartments, condominiums, and single - family units.
2. The Property is physically suitable for the proposed type and density of
development:
The condominiums conform to the density of up to eighteen (18) units per gross
acre permitted within R -3 (Multi - Family Residential) zone. The property totals
19,800 square feet in area which allows a maximum of eight (8) residential units,
however, the applicant will develop the Property with six (6) detached two -story
condominiums with attached two car garages. The proposed Project will also be
compatible with the surrounding uses, as they consist of single and multi - family
residential uses.
3. The design of the proposed improvements is not likely to cause environmental
damage, substantially and avoidably injure fish or wildlife or their habitat, cause
serious public health problems, or conflict with public easements:
The Project will result in the development of the Property in an area that is fully
developed with multifamily residential units. The Project will not be built on or,
near habitats of fish or wildlife. The Project will not cause serious health
problems because the residential use is similar to the surrounding uses and
permitted by the General Plan. There are no conflicting public easements on the
Property.
ATTACHMENTS:
A: LOCATION MAP
B: AERIAL PHOTO
C: RESOLUTION No. 3348
Attachment A
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ATTACHMENT "C"
RESOLUTION NO. 3348
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP
NO. 2015 -01 (73717) TO SUBDIVIDE ONE (1) PARCEL'S
AIR SPACE TO ALLOW SIX (6) DETACHED
CONDOMINIUMS ON PROPERTY LOCATED AT 11347
LOUISE AVENUE, ASSESSOR'S PARCEL NUMBER 6194-
023 -028 IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE,
CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA.
BE IT RESOLVED by the Planning Commission of the City of Lynwood as
follows:
A. Recitals
(i) Pardo Land Use Consultant, applicant, has filed an application for
approval of Tentative Tract Map No. 2015 -01 to subdivide one (1) parcel's air space to
allow six (6) detached condominiums at 11347 Louise Avenue, Lynwood, California
90262 (APN: 6194 - 023 -028) in the County of Los Angeles. Hereinafter in this
Resolution, the subject Tentative Tract Map request is referred to as the "application ".
This resolution supplements any previous approvals for this location.
(ii) On November 8, 2016, the Planning Commission conducted a duly
noticed public hearing on the application and concluded said hearing prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Lynwood as follows:
(i) The Planning Commission hereby specifically finds that all the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
(ii) Based upon substantial evidence presented to this Planning Commission
during the above - referenced hearing, including written staff reports, and verbal
testimony on November 8, 2016, the Planning Commission hereby specifically finds as
follows:
1. The Tentative Tract Map is consistent with the approved, applicable general and
specific plans:
The Tentative Tract Map will result on the subdivision of one (1) parcel's air
space, for future development of six (6) detached condominiums on property
located at 11347 Louise Avenue. The current zoning of R -3 (Multi - Family
Residential) is consistent with the General Plan Land Use designation of
residential for the Property. The Property will be improved with uses consistent
with the goals and objectives of the General Plan, which allows multi - family
developments of apartments, condominiums, and single - family units.
2. The Property is physically suitable for the proposed type and density of
development:
The condominiums conform to the density of up to eighteen (18) units per gross
acre permitted within R -3 (Multi - Family Residential) zone. The property totals
19,800 square feet in area which allows a maximum of eight (8) residential units,
however, the applicant will develop the Property with six (6) detached two -story
condominiums with attached two car garages. The proposed Project will also be
compatible with the surrounding uses, as they consist of single and multi - family
residential uses.
3. The design of the proposed improvements is not likely to cause environmental
damage, substantially and avoidably injure fish or wildlife or their habitat, cause
serious public health problems, or conflict with public easements:
The Project will result in the development of the Property in an area that is fully
developed with multifamily residential units. The Project will not be built on or
near habitats of fish or wildlife. The Project will not cause serious health
problems because the residential use is similar to the surrounding uses and
permitted by the General Plan. There are no conflicting public easements on the
Property.
C. In view of all the submitted evidence and based on the foregoing findings and
conclusions, the Planning Commission approves Tentative Tract Map No. 2015 -01
subject to the following conditions:
The City its employees, agents and officials should, to the fullest extent permitted
by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense,
attorney fees, litigation expenses, court cost or any other cost arising out of or in
any way related to the issuance of this Tentative Tract map, or the activities
conducted pursuant to this Tentative Tract Map. Accordingly, to the fullest extent
permitted by law, Pardo Land Use Consultant and its representative(s), or its
successors shall defend, indemnify and hold harmless the City, its employees,
agents and officials, from and against any liability, claims, suits, actions,
arbitrations proceedings, regulatory proceedings, losses, expenses or cost of any
kind, whether actual, alleged or threatened, including, but not limited to, actual
attorney fees, litigation expenses and court costs of any kind without restriction or
limitation, incurred in relation to, as a consequence of arising out of or in any way
2
attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of
the Tentative Tract Map, or the activities conducted pursuant to this Tentative
Tract Map. Pardo Land Use Consultant, and its representative(s), or its
successors shall pay such obligations as they incurred by City, its employees,
agents and officials, and in the event of any claim or lawsuit, shall submit a
deposit in such amount as the City reasonably determines necessary to protect
the City from exposure to fees, costs or liability with respect to such claim or
lawsuit.
2. The project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code, the Los Angeles County Fire Code, other City
Departments and applicable State and Federal regulations.
3. Within twenty -four (24) months, after approval or conditional approval of the
Tentative Tract Map, the applicant shall file with the City of Lynwood, a Tract
Map in substantial conformance with the Tentative Tract Map as conditional
approval, and in conformance with the Subdivision Map Act and the Subdivision
Regulations of the City of Lynwood.
4. No grading permit or building permit shall be issued prior to recordation of the
Tract Map or another appropriate instrument approved by the City of Lynwood, in
conformance with the Subdivision Map Act of the State of California and the
Subdivision Regulations of the City of Lynwood.
5. Extension of the Tentative Tract Map approval shall only be considered if the
applicant or his /her representative, submits a written request for extension to the
Department of Development Compliance and Enforcement Services stating the
reasons for the request, at least thirty (30) days before map approval id due to
expire, pursuant to, and in compliance with, Section 25 -18, of the subdivision
regulations of the City of Lynwood.
6. All appeals must be brought within ten (10) working days of the date of the final
action by the Planning Commission. Persons filing the appeal must submit
application and pay a fee of $920.26.
7. Failure to abide by and faithfully comply with any and all conditions attached to
this approving action shall constitute grounds for the revocation of said action by
the Lynwood Planning Commission.
8. The applicant shall prepare Covenants, Conditions, and Restrictions (CC &Rs) for
City review and approval that are applicable to all owners and occupants of the
property site. The CC &R's shall be approved by the City and recorded on the
property title prior to approval of the final map.
9. Prior to final map approval, the applicant shall create a property owners'
association (association) consistent with State law requirements to ensure
effective management and maintenance of the property. The association shall be
operated by a qualified professional property management company, hired by the
association, which shall be responsible for continual maintenance of all common
areas, including, but not limited to, parking lots, landscaping, plumbing, fire
protection water systems, wiring, trash enclosures, utility areas, utility charges,
vehicular and pedestrian circulation areas, exteriors of the buildings, facades,
and roofs. The association shall also be responsible for maintaining shared water
facilities, including payment of water - related charges.
10. Initially, the applicant shall establish the association with adequate financial
reserves to maintain major site components (e.g., common area), ensure for
continued operation of the site within accepted professional standards, and
provide adequate and appropriate assessment procedure for said continuing
obligation. The provisions of this condition shall be incorporated into the CC &R's
recorded on the project site.
11. The CC &Rs shall require that the property management association operate the
site as a unified, well maintained, and cohesively operated property. Exterior
renovations, remodeling, and site improvements shall be undertaken in a
comprehensive manner, including consistent architecture and design on all
facades and roofs. This provision shall be incorporated into the CC &Rs recorded
in the project site.
APPROVED this 8t" day of November 2016 by members of the Planning
Commission, voting as follows:
YES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Secretary,
Andre Dupert, Interim Director
Department of Development,
Compliance and Enforcement Services
4
DATE: November 8, 2016
TO: Honorable Chair and Members of the Planning Commission
FROM: David Garcia, City Attorney /J
Mike Poland, Planning Managerg
SUBJECT: Amendments to Lynwood Municipal Code (LMC) Section 25 -70 -14
relative to off -site outdoor advertising displays.
APPLICANT: City of Lynwood
RECOMMENDED ACTION:
1. RECOMMEND that the Planning Commission recognize that the proposed
Amendment is exempt from the California Environmental Quality Act (CEQA) in
accordance with Section 15060(c)(2), in that the activity in question consists of text
changes that would not directly have a significant negative physical impact on the
environment.
2. RECOMMEND that the Planning Commission adopt Resolution No. 3367,
recommending that the City Council approve an Ordinance amending Section 25 -70-
14 of the Lynwood Municipal Code relating to development standards for off -site
outdoor advertising displays.
PROJECT:
This is a public hearing on a City initiated proposal to consider text amendments to
Lynwood Municipal Code (LMC) Section 25 -70 -14 relative to off -site outdoor advertising
displays.
BACKGROUND:
On May 17, 2016 the City Council adopted an Urgency Ordinance (Ordinance No.
1680) imposing a 45 -day moratorium on new off -site outdoor advertising displays in the
City of Lynwood. On June 21, 2016 the City Council extended the moratorium until
December 30, 2016.
The purpose of this moratorium is to allow time for staff to prepare revisions to the City
Sign Ordinance to address the issue of off -site outdoor advertising displays and off-
premises promotional signs.
Approval of the proposed Ordinance would not permit the immediate construction or
operation of any off -site outdoor advertising displays. If approved, the City intends to
allow the construction, maintenance and operation of digital billboard signs subject to
the approval of a Conditional Use Permit, as well as being permitted pursuant to the
terms of a development agreement.
DISCUSSION:
Environmental Determination
The proposed ordinance is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly due to the fact that
future consideration of any sign or billboard shall be subject to independent
environmental review, the scope of which is unknown at this time. Therefore, no
environmental assessment is required or necessary.
Analysis
Section 25 -70 of the Lynwood Municipal Code (LMC) (Sign Code) addresses the
construction of new off - premises signs or advertising displays (billboards).
The intent of the sign code as it relates to off - premises signs or advertising displays is to
insure their proper placement and to maintain community standards for such signs to
avoid the adverse impacts associated with an over proliferation of signs (sign clutter).
Off - premises signs or advertising displays (billboards) are currently located within the
City along areas adjacent to Interstate 105 and Interstate 710. These current signs are
"static" or fixed in nature and typically involve the placement of sign panels on existing
structure designed to carry the weight of the advertising panels.
However, with technological changes, new advertising media in the form of electronic
digital technology make it possible for outdoor advertising companies to display
MCA 2 November 8, 2016
Off Site Advertising
advertisements more efficiently and effectively. In addition, new off premises digital
billboard displays are by virtue of their technology typically more aesthetically pleasing.
The proposed standards set forth in the attached ordinance would create the framework
for more flexibility to allow more modern forms of communication but with reasonable
development standards and regulations designed to protect the City. Furthermore the
proposed ordinance will act as an incentive for the conversion of existing static
billboards in limited areas, and thereby promote reinvestment in a more efficient
technology with public benefits.
The key element of the proposed ordinance is summarized below:
New off -site outdoor advertising displays will only be allowed subject to the
approval of a Conditional use Permit and a Development Agreement by the City
Council. This Development Agreement would contain appropriate standards and
public benefits in compliance with all other regulations contained in the
ordinance.
There are other specific conditions and performance standards proposed in the
ordinance relating to sign design and appearance, as well as to ensure the illumination
of the sign follows industry and community standards to ameliorate the concern with
light and glare. Furthermore, controls will be required to make possible the adjustment
of image brightness taking into account environmental considerations (i.e.
daytime /nighttime conditions). It's important to note that the new technology conveys the
images in a more efficient and directed manner so that light spillage and glare is almost
non- existent.
EXISTING SETTING:
Interstate 105
Interstate 105 is an Interstate Highway in southern Los Angeles County that runs east —
west through the central portion of the City. The 105 begins at Sepulveda Boulevard
(State Route 1) on the southern edge of Los Angeles International Airport (LAX),
adjacent to the city of El Segundo. It proceeds generally eastward from there on,
crossing the Los Angeles and San Gabriel Rivers before terminating just east of the San
Gabriel River Freeway (Interstate 605) in western Norwalk. The visual landscape of the
105 corridor through Lynwood is defined by various legal conforming and non-
conforming on- premises signs, structures of varying age and states of repair, and native
and non - native vegetation.
Interstate 710
Interstate 710 is a north —south auxiliary interstate freeway running along the eastern
edge of the City. Officially known as the Long Beach Freeway, it runs north from Long
Beach to Valley Boulevard, just north of 1 -10, the San Bernardino freeway, near the
MCA 3 November 8, 2016
Off Site Advertising
boundary between the cities of Alhambra and Los Angeles. South of 1 -5, Interstate 710
follows the course of the Los Angeles River, rarely wandering more than a few hundred
feet from the riverbed. As with Interstate 105 described above, the visual landscape of
the 710 corridor along Lynwood's eastern edge is also defined by various legal
conforming and non - conforming on- premise signs, structures of varying age and states
of repair, and native and non - native vegetation.
REGULATORY SETTING:
Federal
The federal Highway Beautification Act of 1965 (23 U.S.C. 131) provides for control of
outdoor advertising, including removal of certain types of signs, along the interstate
highway system. It requires certain junkyards along Interstate or primary highways to be
removed or screened and encourages scenic enhancement and roadside development.
The Act is enforced by the Federal Highway Administration (FHWA). As part of its
encroachment effort, the FHWA has entered into agreements regarding the Act with
state departments of transportation. The agreements with California are described
under the State provisions below.
The California Department of Transportation (Caltrans) is involved in the control of "off
premise" displays along state highways. Such displays advertise products or services of
business located on property other than the display. Caltrans does not regulate on-
premise displays. The Federal Highway Administration has entered into written
agreements with various states as part of the implementation of the Highway
Beautification Act. The City is informed that California entered into two such
agreements: one dated May 29, 1965, and a subsequent agreement dated February 15,
1968. The agreements generally provide that the State will control the construction of all
outdoor advertising signs, displays and devices within 660 feet of the interstate highway
right -of -way. The agreements provide that such signs shall be erected only in
commercial or industrial zones, and are subject to the following restrictions:
• No signs shall imitate or resemble any official traffic sign, signal or device, nor
shall signs obstruct or interfere with official signs;
• No signs shall be erected on rocks or other natural features;
• Signs shall be no larger than 25 feet in height and 60 feet in width, excluding
border, trim and supports;
• Signs on the same side of the freeway must be separated by at least 500 feet;
and
• Signs shall not include any flashing, intermittent or moving lights, and shall not
emit light that could obstruct or impair the vision of any driver.
California regulates outdoor advertising in the Outdoor Advertising Act (Business and
Professions Code §5200 et seq.) and the California Code of Regulations, Title 4,
Division 6 ( §2240 et seq.). Caltrans enforces the law and regulations. Caltrans requires
applicants for new outdoor lighting to demonstrate that the owner of the parcel consents
MCA 4 November 8, 2016
Off Site Advertising
to the placement of the sign that the parcel on which the sign would be located is zoned
commercial or industrial and that local building permits are obtained and complied with.
A digital billboard is identified as a "message center' in the statute, which is an
advertising display where the message is changed more than once every two minutes,
but no more than once every four seconds. (Business and Professions Code §S216.4).
Additional restrictions on outdoor signage are found in the California Vehicle Code.
Vehicle Code §21466.5 prohibits the placing of any light source " ...of any color of such
brilliance as to impair the vision of drivers upon the highway." Specific standards for
measuring light sources are provided. The restrictions may be enforced by Caltrans, the
California Highway Patrol, or local authorities.
STANDARDS FOR OFF -SITE OUTDOOR ADVERTISING DISPLAYS IN OTHER
CITIES:
Attachment "C" provides a comprehensive list of development standards for off -site
outdoor advertising displays as required by other cities in the region.
FINANCIAL AND POLICY IMPLICATIONS:
In partnership with outdoor advertising agencies, communities are securing long -term
revenue sources by exchanging static billboards for digital equivalents. Development
Agreements executed between outdoor advertising agencies and the City could provide
for signing bonuses and monthly rents for each digital billboard sign, which would result
in a reliable revenue stream for the City. Other benefits to the City could include some
amount of negotiated advertising for local community events and businesses.
PUBLIC NOTIFICATION:
A legal notice was published in the Daily Journal on October 1, 2016, as of November 2,
2016, staff has not received any comments in support or opposition to the request.
ATTACHMENTS:
A. PC Resolution No. 2016 -3367
B. Proposed Ordinance - Off -Site Outdoor Advertising Displays
C. Standards for Off -Site Outdoor Advertising Displays in Other Cities
MCA rJ November 8, 2016
Off Site Advertising
ATTACH NMENT "A"
RESOLUTION NO. 3367
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA,
SECTION 25 -70 -14 RELATIVE TO OFF -SITE OUTDOOR
ADVERTISING DISPLAYS
BE IT RESOLVED by the Planning Commission of the City of Lynwood as
follows:
A. Recitals
1. WHEREAS, on October 11, 2016 and November 8, 2016, the Planning
Commission conducted a legally noticed public hearing on the proposed
Ordinance and considered public testimony and materials in the staff reports and
accompanying document and exhibits, and recommended approval of the
project; and
2. WHEREAS, the Planning Commission reviewed the supporting documentation
submitted by the Planning Division, the analysis, findings and recommendations
presented by City Staff, and evidence and testimony presented during the
meeting.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LYNWOOD
PLANNING COMMISSION as follows.
The City of Lynwood Planning Commission in its deliberations makes the following
findings:
The proposed Ordinance does not conflict with the goals, policies, and
implementation measures set forth in the General Plan and Zoning Ordinance in
that the proposed Ordinance will require development and relocation agreements
to reduce visual clutter, eliminate non - conforming signage, facilitate the orderly
development and relocation and redistribution of existing displays to more
appropriate locations within the City, to allow for the integration of modern
technology into relocated displays and limited new displays, and to eliminate
undue expenses to the City.
2. The proposed Ordinance is consistent with the California Business and
Professions Code Section 5412, which encourages cities to enter into relocation
agreements, and to adopt ordinances or resolutions providing for relocation of
signs. Thus, the proposed code changes meet the intent of this Section of state
law to: (1) reduce visual clutter (2) eliminate non - conforming signage (3) facilitate
the relocation and redistribution of existing outdoor advertising displays to more
appropriate locations within the City to better serve the advertising needs of the
local business community (4) allow for incorporation of modern technology into
relocated outdoor advertising displays in the form of Digital Outdoor Advertising
Displays and (5) to eliminate the need for the City to pay compensation for
removal of existing outdoor advertising displays to accommodate a public project.
3. The proposed Ordinance allows for the use of more modern forms of
communication through the form of digital displays set in a controlled and
planned manner.
4. The proposed Ordinance allows the City to receive public benefits from digital off -
site sign owners for the opportunity to construct and relocate digital signs
5. The proposed ordinance is not subject to the California Environmental Quality
Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a
direct of reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly due to the fact that future consideration of any sign or regulated
advertisement shall be subject to independent environmental review, the scope
of which is unknown at this time. Therefore, no environmental assessment is
required or necessary.
NOW, THEREFORE, BE IT RESOLVED by the City of Lynwood Planning
Commission that based on the findings provided herein, the Planning Commission
forwards its recommendation to the City Council supporting an Ordinance amending the
Zoning Ordinance of the City of Lynwood, California, Section 25 -70 -14 relative to off -site
outdoor advertising displays
I, Andre Dupret, Secretary to the Planning Commission of the City of Lynwood,
do hereby certify that the foregoing Resolution No. 3367 was passed and adopted at a
meeting of the City of Lynwood Planning Commission held on November 8, 2016, by
the following votes:
AYES:
NOES:
ABSENT:
Andre Dupret, Secretary,
Lynwood Planning Commission
Off -Site Outdoor 2 PC Resolution
Advertising Displays
ATTACHMENT "B"
25 -70 -14 OFF -SITE OUTDOOR ADVERTISING DISPLAYS:
A. Notwithstanding any other provision of the Zoning Code, off -site outdoor
advertising displays shall be allowed in non - residential zones, on any size parcel,
whether public or private property, subject to the following criteria, and in
compliance with state law:
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,
one -time 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. The City recognizes that a
sign may serve public purposes by generating revenue for the City,
advertising products and services that may be of interest to the
community, and by providing a medium to display public service
announcements and emergency messages.
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
A32 of this section, subject to applicable provisions of Business and
Professions Code section 5200 et seq.
3. No advertising display shall be placed within seven hundred and twenty
feet (720') 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 A32 of this section.
4. Unless permitted pursuant to the terms of a development agreement and
in compliance with Section A5 below, the advertising structure shall not
exceed the minimum height necessary to provide one thousand feet
(1,000') of unobstructed visibility from 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 eight hundred
(800) square feet in area with a maximum height as approved pursuant to
the terms of a Development Agreement and the Conditional Use process,
to include border and trim and extensions, and excluding base or apron
supports and other structural members, also in conformance with A4
above. 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 the advertising copy.
6. No advertising display may be placed that is so illuminated or contains a
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 manner 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 any driver, 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.
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.
Amendment Sec. 25 -70 -14 2 PC 11.08.2016
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, construction, street address numbers,
identification and maintenance of outdoor advertising displays approved
under this section.
10. All proposed signs shall be designed to have a single cylindrical column
support, and shall be structurally sound and designed with consideration
to seismic safety. No cantilevered design will be approved, unless shown
to be structurally sound and seismically safe and sound.
11. No cutouts or attachments shall be permitted, unless permitted pursuant
to the terms of the development agreement.
12. Bidirectional or double -faced digital display signs shall be located on the
same cylindrical column structure and shall be restricted to the following
location:
a. The distance between sign faces shall not exceed eight feet;
and
b. Digital display signs located on the same structure shall be
positioned back -to -back (i.e., their backs shall be parallel to
each other) and within five degrees of perpendicular to the
roadway from which they are to be viewed.
c. For "V- shaped" double -faced signs, the distance between sign
faces shall not exceed thirty -five (35) feet at their widest point
and shall not exceed eight feet at their closest point.
13. Each sign structure shall, at all times, include a facing of proper
dimensions to conceal back bracing and framework of structural members
and /or any electrical equipment. During periods of repair or alteration the
facing may be removed for a maximum period of 48 consecutive hours.
Amendment Sec. 25 -70 -14 3 PC 11.08.2016
14. Billboard owner identification signs shall be provided on all digital display
signs and shall have a minimum character height of 12 inches.
15. The sign owner shall underground all utilities installed in connection with
any digital display sign.
16. The interval between the changes in digital content in any digital display
sign shall be a minimum of eight (8) seconds and the images shall change
instantaneously, without special transitional effects.
17. No digital display sign may include any illumination or message change
that is in motion or that changes intensity.
18. A digital display sign shall not encroach over public rights -of -way.
19. An off - premises digital display sign shall not be permitted within fifty (50)
feet of a residentially zoned property.
20. The back or rear of an off - premises digital display sign, which is visible to
the public, shall be suitably covered to conceal the inner structures and
shall be properly maintained.
21. An off - premises digital display must utilize automatic dimming technology
to adjust the brightness of the sign relative to ambient light so that at no
time will the sign exceed a brightness level of 0.3 foot- candle above the
ambient light for both daytime and nighttime condition.
22. Pre -set distances to measure the foot candles impact vary with the face
size of each size sign. Measurement distance criteria:
Nominal Distance to Face Size be measured from:
Nominal Face Size
Distance to be
measured from:
12'x 25'
150'
10'6" x 36'
200'
14'x 48'
250'
20'x 60' or 25'x 48'
1 350'
Amendment Sec. 25 -70 -14 4 PC 11.08.2016
23. The predominant technology currently being deployed for digital billboards
is LED (light emitting diode), but there may be alternate, preferred and
superior technology available in the future. Any other technology that
operates under the maximum brightness stated in A shall not require an
ordinance change for approval, unless the Planning Commission finds it in
the best interest of the public to do so. The City shall expedite any
required approvals for technology that is superior in energy efficiency over
previous generations or types.
24. After commencement of operation, the City may, at the expense of the
owner of the sign, retain a lighting engineer to conduct follow -up testing
and recommend any necessary corrective measures if the City reasonably
believes brightness levels exceed this City's requirement.
25. If directed to take corrective measures by City staff based on the lighting
engineer's report, the sign owner must promptly implement such
corrective measures at its sole expense within 7 days of the date of the
City's demand for corrective measures.
26. All off - premises digital displays must revert to a black screen or turn off
immediately if 10% of the digital display screen malfunctions.
27. Compliance with other Codes. All digital displays shall comply with the
appropriate detailed provisions of the latest editions of the California
Building, Electrical, and related Codes.
28. Owners of Digital Billboards are encouraged to coordinate with law
enforcement and emergency management authorities to display, when
appropriate, regional emergency information important to the traveling
public including, but not limited to, Amber Alerts or emergency
management information.
Amendment Sec. 25 -70 -14 5 PC 11.08.2016
29. No off -site advertising display shall display any advertising of any drugs,
including, but not limited to, marijuana or tobacco products; adult -type
uses, including, but not limited to, nude or topless bars or nightclubs, or
establishments that feature nude or topless dancing or mud wrestling, or
businesses featuring the sales of adult novelty items, books, magazines,
videos, DVDs or tapes, in compliance with Lynwood Municipal Code
section 25- 85 -9(D) and with all other applicable laws and rules, including
local and states laws.
30. No person shall place an off -site outdoor advertising structure without first
having secured a Conditional Use 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.
At the discretion of the Director of the Department of Development,
Compliance and Enforcement Services, a separate Conditional Use
Permit shall be issued for one advertising structure or a single
Conditional Use 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.
31. No permit of any kind shall be issued for an advertising display without
prior approval of an appropriate development agreement, by the City
Council, as described in subsection Al of this section, and permits per
subsection A30 of this section. An application for approval of a
Conditional Use Permit and building permit for an off -site advertising
structure shall be filed with the City Council in accordance with the
following provisions:
Amendment Sec. 25 -70 -14 6 PC 11.08.2016
1) Any person who has an ownership, license or leasehold
interest in the land parcel may file an application for approval
of a 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. The application may request
review of one or multiple advertising structures.
2) 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).
3) The application shall be accompanied by 3D photo
simulations from three (3) different visual points. The photo
simulations will be used to show the differences between
existing conditions and proposed changes.
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.
32. Where any standard imposed by a negotiated development agreement,
lease or license differs from the general standards set forth in this Section
or Sections 25 -130 -5 or 25- 135 -6, 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.
Amendment Sec. 25 -70 -14 7 PC 11.08.2016
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 a 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 or
Amendment Sec. 25 -70 -14 8 PC 11.08.2016
as such standards may be modified for development agreements, leases
or licenses per subsection A32 of this section.
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. Illumination 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
Al of this section, in which case the provisions of subsection A32 of this
section 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 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.
Amendment Sec. 25 -70 -14 9 PC 11.08.2016
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 advertising
structure 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 continue to develop
in a planned manner without expenditure of public funds while allowing the
continued maintenance of private investment and a medium of public
communication established in outdoor advertising.
E. VIOLATIONS AND ADMINISTRATIVE CIVIL PENALTIES.
1. Purpose. This Section E applies only to the off -site sign regulations set forth
in Chapter 25 -70 -14 of this Code and to violations of any other off -site sign
regulations established by ordinance. The City Council finds there is a need
for alternative methods of regulating off -site signs. The City Council further
finds that the assessment of additional civil administrative citations for
violations of the off -site sign ordinance is a necessary alternative for
enforcement of all regulations applicable to off -site signs and will reduce the
burden on the judicial system while providing full due process for those cited.
The assessment of the civil citations established in this section is in addition
to any other administrative or judicial remedies established by law which may
be pursued to address violations of the sign regulations.
2. Authority and General Provisions.
a. The City shall have the authority to issue an order to comply and
assess citations against any responsible party for violation of any
provisions of this Code pertaining to off -site signs.
b. The owner of the property on which a sign is located and the owner of
the sign and sign support structure are both responsible parties for
complying with all provisions of this Code pertaining to off -site signs. In
Amendment Sec. 25 -70 -14 10 PC 11.08.2016
addition, the owner of the property and the owner of the sign or sign
support structure are jointly and severally liable for the civil citations
assessed pursuant to this section.
c. This chapter, and the provisions herein, shall be read consistent with
Chapter 20 of this Code, Administrative Citations and Fines, Chapter
25- 70 -14, except that in the event of any conflict between the
provisions of this chapter and the provisions of Chapter 20, this
Chapter shall control, specifically including the amount of each
potential fine as set forth in this Chapter.
3. The order to comply shall be served in the same manner specified Chapter
20 -4 of this Code.
4. Penalties shall begin to accrue on the 16th day after the effective date shown
on the order to comply, unless the violation is corrected or the sign is
removed before midnight on the 15th day after the effective date.
5. For the violation of any part of this Ordinance, Chapter 25- 70 -14, each
violation shall be treated as a misdemeanor and the amount of the
administrative penalty shall be one thousand dollars ($1,000.00). A violation
of these sign regulations is deemed a continuing violation and each day that a
violation continues is deemed to be a new and separate offense.
6. After correcting the violation or removing the sign copy, the responsible party
must contact the representative of the appropriate department who issued the
administrative citation to request a re- inspection. Any fine assessed will cease
to accrue starting on the day that the applicable department determines
through its re- inspection that the violation has been corrected. If the City
rescinds an order to comply, the violation shall be considered corrected, and
no fine shall be due.
7. All other matters pertaining to the issuance of an administrative citation for
violation of the off -site sign regulations not addressed by this Chapter,
including, but not limited to, the processing of appeals, shall be as regulated
by Chapter 20 of this Code.
Amendment Sec. 25 -70 -14 11 PC 11.08.2016
F. Whenever the following terms are used in this section, they shall be construed as
defined in this subsection:
ADVERTISING Refers to advertising structures and
DISPLAY: to signs placed for off -site outdoor
advertising purposes on advertising
structures, including any static or
revolving free - standing sign that
identifies or communicates a
commercial or noncommercial
message related to an activity
conducted, a service rendered, or a
commodity sold at a location other
than where the sign is located. This
includes, but is
not limited to,
building graphics,
supergraphics,
building wraps, and
wall drop signs
containing off -site
messages, and
billboards painted
or applied to
building walls. The
terms "billboard"
and "off -site sign"
may be used
interchangeably to
mean the same
thing.
ADVERTISING A structure of any kind or character
STRUCTURE: 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 Any sign face or panel of an outdoor
SIGN: sign display that uses digital
message technology, capable of
changing the static message or copy
on the sign electronically, such that
Amendment Sec. 25 -70 -14 12 PC 11.08.2016
the alphabetic, pictographic, or
symbolic informational content of
which can be changed or altered on
a fixed display surface composed of
electronically illuminated or
electronically actuated or motivated
elements can be changed or altered
electronically. An electronic billboard
may be internally or externally
illuminated. This includes signs with
displays that must be
preprogrammed to display only
certain types of information (i.e.,
time, date, temperature) and signs
whose informational content can be
changed or altered by means of
computer- driven electronic impulses.
This includes, without limitation,
signs also known as digital billboards
or LED billboards, including any CED
(charge emitting diodes) or plasma,
or their functional equivalent, which
is capable of displaying images that
change electronically and
intermittently.
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
Amendment Sec. 25 -70 -14 13 PC 11.08.2016
advertisement of any kind
whatsoever.
FLASHING, A light or message that changes
INTERMITTENT, OR more often than once every four (4)
MOVING LIGHT: 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.
NONTRADITIONAL
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
"nontraditional 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.
Amendment Sec. 25 -70 -14 14 PC 11.08.2016
SIX HUNDRED SIXTY
FEET (660') 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.
Amendment Sec. 25 -70 -14 15 PC 11.08.2016
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