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HomeMy Public PortalAboutOrdinance 11-9411 ORDINANCE NO. 11 -941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING SECTIONS 9328 AND 9329 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO EXISTING LEGAL NONCONFORMING OUTDOOR ADVERTISING STRUCTURES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the City Council Staff Report dated February 1, 2011; and a Planning Commission Staff Report dated January 11, 2011, and based upon a Public Hearing before the Planning Commission on January 11, 2011, and a Public Hearing before the City Council on February 1, 2011 to consider certain amendments to the Zoning Code, the City Council hereby amends the Zoning Code of the City of Temple City as described in Sections 4, 5, and 6 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: WHEREAS, new outdoor advertising structures are prohibited in all zones within the City of Temple City except for the M -1 zone pursuant to Temple City Municipal Code (TCMC) § 9329; and, WHEREAS, currently there are two existing legal nonconforming outdoor advertising structures within the City that are subject to a ten (10) year amortization period pursuant to TCMC § 9328(1)(c) at the end of which they must be removed and during which period they are not allowed to be modified in any manner; and, WHEREAS, since the City adopted TCMC § 9328 and § 9329 there have been numerous technological advances in outdoor advertising structures, including Light Emitting Diode (LED) screens and the ability to cycle advertisements at intervals in a single day; and, WHEREAS, these technological advances have made it possible for the City to obtain for no or minimal cost public service announcements and advertisements permitting the City to keep its residents and visitors better informed; and, WHEREAS, in order to obtain the benefits of such advances in technology and advertizing for the benefit of the community, the City desires to allow qualifying existing legal nonconforming outdoor advertising structures to be modernized and upgraded as provided herein; and, WHEREAS, allowing qualifying existing legal nonconforming outdoor advertising structures to be modernized and upgraded will enhance the aesthetics of the City and therefore be a benefit to the public health, safety and welfare. SECTION 3. This project (code amendment) shall not result in significant effects upon the environment and a Negative Declaration has been prepared and is hereby adopted in accordance with the State CEQA Guidelines. The initial study as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 4: Section 9328 is hereby amended to read in its entirety as follows: 9328: NONCONFORMING SIGNS: A. Amortization: 1. Signs which are rendered nonconforming by reason of the application thereto of the provisions of this article, shall be abated, or made to comply with the provisions hereof, within the following periods of time: a. Temporary signs: Ninety (90) days. b. Signs painted on buildings, walls and fences: One year. c. All other signs: Ten (10) years. Such periods of time above set forth, shall commence to run as of the time such signs became nonconforming by reason of the application thereto of the provisions of this article. 2. The provisions of section 9270 of this chapter, shall apply to all signs rendered nonconforming pursuant to the provisions hereof, except as expressly provided to the contrary in this article. 3. Signs which are rendered nonconforming by reason of the application thereto of the provisions of section 9326 of this article shall be abated, or made to comply with the provisions hereof within the following periods of time: a. Temporary signs: Ninety (90) days. b. Flashing and moving signs, relocated signs, and signs painted on buildings or walls with a useful life of less than fifteen (15) years: Five (5) years. c. All other signs: Fifteen (15) years. B. Notwithstanding the foregoing, an outdoor advertising structure that was legally permitted, but rendered nonconforming by Section 9329 shall not be subject to amortization under this Section if the outdoor advertising structure is modernized and upgraded pursuant to paragraph B of Section 9329. Any outdoor advertising structure that is modernized and upgraded pursuant to paragraph B of Section 9329 shall be subject to the amortization period that is agreed to by the City and the owner of the outdoor advertising structure and memorialized in the agreement required by Section 9329(B)(4). SECTION 5: Section 9329 is hereby amended to read in its entirety as follows: 9329: OUTDOOR ADVERTISING STRUCTURES: A. Outdoor advertising structures are specifically prohibited in all zones of the city except where explicitly authorized, and in particular, such outdoor advertising structures are prohibited in the residential and commercial zones except where specifically permitted by explicit language. B. Notwithstanding the provisions of Article H of this Chapter, the owner of a legal nonconforming outdoor advertising structure may seek approval to be modernized and upgraded by applying for a conditional use permit pursuant to Article F of this Chapter and meeting all of the following requirements: 1. The outdoor advertising structure must be modernized and upgraded to meet the criteria listed in Section 9411.1 of this Code, except that: 1 1 1 1 1 1 a. The maximum height of the outdoor advertising structure measured from grade level of the lot upon which such structure is located to the highest point of the structure may be up to, but shall not exceed, 45 feet. b. The outdoor advertising structure may be located within 200 feet of a residential zone, but only if the existing outdoor advertising structure is being dismantled and a new structure is being constructed on the same site, and the City determines that the benefit of the new structure outweighs the impact of its proximity on the residential zone. 2. The outdoor advertizing structure must be modernized and upgraded to meet the following requirements in addition to those in Section 9411.1. a. The outdoor advertising structure must remain in the same location or be dismantled and a new structure constructed at another location on the same lot, provided the City determines the new structure provides public benefits not provided by the old structure. The outdoor advertising structure shall not be moved to a different lot. b. The message surface area of the outdoor advertising structure shall not exceed 700 square feet. c. The outdoor advertising structure shall be compatible with uses and structures on the site and in the surrounding area. d. The outdoor advertising structure must display content digitally on an LED screen or by equivalent technology. Any digital outdoor advertising structure shall display content for at least 6 seconds before changing screen displays. No flashing digital content is permitted. e. The outdoor advertising structure shall not create a traffic or safety problem with regard to on- site access, circulation or visibility. f. The outdoor advertising structure shall not interfere with on -site parking or landscaping required by City ordinance or permit. g. The existing outdoor advertising structure must be capable of being safely modernized and upgraded or the existing structure must be completely removed before construction of the new outdoor advertising structure may commence. If more than six months passes between the removal of the existing structure and the commencement of the construction of the new structure, such lapse shall not be deemed a discontinuance of the utilization of a nonconforming use for the purposes of Section 9273(A)(3) of this Code. 3. If the applicant for a CUP to modernize an existing outdoor advertising structure does not own the property on which the outdoor advertising structure is located, the applicant must submit proof of the landowner's consent to the proposed modernized outdoor advertising structure. 4. Any person who obtains a CUP to modernize an existing outdoor advertising structure pursuant to this section shall be required to enter into a written agreement with the City providing for the amortization of the outdoor advertising structure and the provision of advertising space to the City. SECTION 6: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code § 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code § 36933(c). APPROVED AND ADOPTED on this 15th day of February, 2011. ATTEST: a kCity Cler0 I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 11 -941, was introduced at the regular meeting of the City Council of the City of Temple City held on the 15t day of February, 2011 and was duly passed, approved and adopted by said Council at their regular meeting held on the 15th day of February, 2011 by the following vote: AYES: Councilmember -Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember -None ABSENT; Councilmember -None ABSTAIN: Councilmember -None rn rrz City Clerk 1