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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.