HomeMy Public PortalAboutOrdinance 855ORDINANCE NO. 855
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA,
REPEALING CHAPTER 17.60 OF THE BEAUMONT MUNICIPAL CODE
AND ADOPTING ORDINANCE CHAPTER 17.61
PERTAINING TO THE REGULATION OF SIGNS AND BILLBOARDS
THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
WHEREAS, the City Council has been informed and advised that illegal billboards have
been erected in the neighboring City of Riverside and the unincorporated area of the County of
Riverside without the benefit of permits and that legal challenges to the sign ordinances of the
said City and County have been mounted by billboard companies challenging the
constitutionality of the said ordinances; and
WHEREAS, the City has experienced the construction of billboards contrary to local
ordinance, and has experienced attempts to circumvent billboard regulation; and
WHEREAS, the City has been notified by billboard companies that they intend to
challenge the constitutionality of the City's sign ordinance and regulations, and the City has also
been notified by billboard companies that they intend to build numerous additional billboards
without complying with City sign regulations and zoning laws; and
WHEREAS, the lack of regulation of billboards could result in the proliferation of
billboards along Interstate 10 and Highways 60 and 79, and along Sixth Street, including
neighborhoods which are primarily residential; and
WHEREAS, the visibility of billboards and other outdoor advertising structures distracts
drivers thereby creating danger on affected roads and freeways, and creates a negative
impression of the City in motorists traveling through the City, thereby rendering the City less
desirable as a place to visit or live, resulting in lower property values and other economic harm
to the community; and
WHEREAS, billboards and other such structures constructed in residential zones or
inappropriate areas of other zones can destroy viewsheds and diminish the quality of life; and
WHEREAS, the City Council has been further informed and advised, and it has been
found, that the aforementioned situation can be substantially diminished by repealing Chapter
17.60 of the Beaumont Municipal Code and adopting Chapter 17.61 pertaining to the regulation
of signs and billboards; and
WHEREAS, the purpose and intent of the new Chapter 17.61 is to establish the legal
framework for a comprehensive system of sign regulation to, among other things, encourage
1
signs that are attractive, discourage clutter and maintain a high quality visual image for the
community, promote the economic wellbeing of local businesses and the community, reduce
traffic and safety hazards, and ensure that signs are in keeping with the goals, objectives and
policies of the City's General Plan; and
WHEREAS, the City Council hereby finds and determines that Chapter 17.61 is
consistent with the General Plan and its goals, objectives, policies and programs; and
WHEREAS, the City Council hereby finds and determines that Chapter 17.61 provides
an internally -consistent set of regulations that is compatible with the purpose and intent of Title
17 of the Beaumont Municipal Code including the purpose of protecting the physical, social and
economic stability and vitality of residential, commercial, industrial, public, institutional and
open space uses within the City to ensure their orderly development; and
WHEREAS, the City Council hereby finds and determines that Chapter 17.61 will not
create any hazards to the public from inappropriate location or design of signs or otherwise
adversely affect the public health, safety or welfare.
Section 1: Amendment.
The Beaumont Municipal Code is hereby amended as follows:
1.1 Chapter 17.60 of the Beaumont Municipal Code, entitled "Sign
Regulations", is hereby repealed in its entirety; and
1.2 Chapter 17.61, entitled "Sign Regulations", is hereby added to the
Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is
attached hereto and made a part hereof.
Section 2: Applicability.
This Ordinance shall not apply to the establishment of signs and billboards that have been
issued a building permit prior to the effective date of this Ordinance.
Section 3: Code Construction and Cross -References.
All references to Chapter 17.60 in other Chapters of the Beaumont Municipal Code shall
hereafter mean and include, and be deemed to refer to Chapter 17.61.
Section 4: Severability.
If any paragraph, section, sentence, clause or phrase contained in this Ordinance shall be
found by a final judgment of a court having jurisdiction to be illegal, null and void, or against
public policy, for any reason, the remaining paragraphs, sections, sentences, clauses or phrases
contained in this Ordinance shall not be affected thereby. If any provision of this Ordinance, or
the application thereof to any person, party, transaction or circumstance is held invalid, the
2
remainder of this Ordinance, or the application of such provision to other persons, parties,
transactions or circumstances, shall not be affected thereby. It is the intention of the City
Council that if any provision of this Ordinance is capable of two constructions, one of which
would render the provision void and the other of which would render the provision valid, then
the provision shall have the meaning which renders it valid.
Section 5: Effective Date: Posting and Publication.
5.1 This Ordinance shall become effective thirty (30) days after the date of its
adoption.
5.2 The City Clerk shall certify the adoption of this Ordinance and cause it to
be posted in at least three public places within the City designated for such postings, and to be
published in a newspaper of general circulation in accordance with state law.
MOVED, PASSED AND ADOPTED this 3'd day of February, 2004.
ATTEST:
City Clerk
CITY OF BEAUMONT
By
LARRY DRESSEL, Mayor
CERTIFICATION
I, Alan C. Kapanicas, City Clerk of the City of Beaumont, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council held on
, 2004, and was duly adopted upon second reading on , 2004,
upon the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
(SEAL)
CITY OF BEAUMONT
By
ALAN C. KAPANICAS, City Clerk
3
IN THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
NO. 57
Notice Is Hereby Given —
City of Beaumont City Council -
Ordinance 855
STATE OF CALIFORNIA
County of Riverside } SS
I am a citizen of the United States and a
resident of the County aforesaid;. I. am ..
over the age of eighteen years, and not a
party to or interested in the above entitled
matter. I am the principal clerk of the
printer of
The Weekly Record Gazette
a newspaper of general circulation, printed
and published weekly in the City of Ban-
ning, County of Riverside and which
newspaper has been adjudged a newspa-
per of general circulation by the Superior
Court of the County of Riverside, State of
California, under date of
October 14, 1966 Case Number 54737
that the notice, of which the annexed is a
printed copy, has been published in each
regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates -to -wit.
2/13
all in the year 2004
I certify (or declare) under penalty of per-
jury that the foregoing is true and correct.
signature
Date 2/13/2004
at Riverside, California.
This space for County Clerk's Filing Stamp
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(909) 769-8520
FAX (909) 769-8526
Emai[: cityha[[@ci.beaumont.ca.us
www.ci.beaumont.ca.us
LEGAL ADVERTISEMENT
NOTICE IS HEREBY GIVEN, that the City of Beaumont City Council will conduct a public
hearing to consider the matter described below. The City Council's hearing on this matter will be held
at 6:00 p.m. on Tuesday, March 16, 2004 in the Council Chambers at Beaumont City Hall, 550 East
Sixth Street, Beaumont, California.
Beaumont City Council Ordinance No. 855, City of Beaumont Sign Regulations, and Negative
Declaration No. 04 -ND -7. consideration of an Ordinance which would replace the existing Chapter
17.60 of the Municipal Code, entitled Sign Regulations, with Chapter 17.61, an update and
modification of the existing Chapter 17.60.
The adoption of a Negative Declaration pursuant to the California Environmental Quality Act will
also be considered, based upon the proposed finding that the project will not have a significant impact
upon the environment. The applicant for this project is the City of Beaumont.
On public hearings items the public may present testimony to the Planning Commission and/or City
Council either in person or by mail. Written comments will be accepted until the night of the hearing.
Ernest A. Egger, AICP, REA
Director of Planning
Dated: February 10, 2004
Publish one time only and mail to adjacent property owners on or before February 20, 2004.