HomeMy Public PortalAboutOrd. 1582ORDINANCE NO. 1582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING ZONING ORDINANCE AMENDMENT NO. 2006 -03 ADDING
SUBSECTION 25.70.095 TO THE LYNWOOD MUNICIPAL CODE REGULATING
BILLBORDS AND OFF -SITE OUTDOOR ADVERTISING DISPLAYS.
WHEREAS, the City Council has determined that a comprehensive ordinance
regulating billboards and off -site outdoor advertising displays is necessary to avoid
blight, over proliferation of advertising and protect persons living and working in the City;
and
WHEREAS, a comprehensive billboard ordinance will provide fair standards and
an even playing field for advertising companies and will not interfere with first
amendment rights; and
WHEREAS, a comprehensive ordinance will protect the public health, safety and
general welfare; and
WHEREAS, the ordinance is in compliance with provisions set forth in the
California Environmental Quality Act (CEQA) Guidelines, an Initial Study was
performed, potential significant impacts identified, mitigation measures included and a
Negative Declaration prepared.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 25.70.095 is hereby added to the Lynwood Municipal Code
to read as follows:
25.70.95 Off -Site Outdoor Advertising Displays
A. Notwithstanding any other provision of the Zoning Code, off -site outdoor
Advertising Displays shall be allowed in all commercial and industrial zones, on
any size parcel, whether public or private property, subject to the following
criteria:
1. The Advertising Display shall be included as part of a Disposition and
Development Agreement, Owner Participation Agreement, lease
agreement or other agreement with the City or the Lynwood
Redevelopment Agency ( "LRA ") and the agreement contains
performance, one -time fee, or on -going revenue provisions that allow the
City or the LRA to undertake projects, programs, or other activities that
improve the visual environment in a redevelopment project area.
2. The Advertising Display shall be placed within 660 feet from the edge of
the right -of -way of a Freeway.
3. No Advertising Display shall be placed within 500 feet from another
Advertising Display on the same side of any portion of a Freeway.
4. The Advertising Structure shall not exceed the minimum height necessary
to provide 1000 feet 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.
5. No Advertising Structure shall have a Facing that exceeds 1,200 square
feet in area with a maximum height of 25 feet and maximum length of 60
feet, including border and trim and Extensions, and excluding base or
apron supports and other structural members. 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 that it
interferes with the effectiveness of, or obscures any official traffic sign,
device, or signal; nor shall any Advertising Display include or be
illuminated by Flashing, Intermittent, or Moving Light; 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.
9. Unless otherwise specified in this Section, the general sign requirements
set forth in the 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. No person shall place an off -site outdoor Advertising Structure without first
having secured a zoning permit, a sign 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.
b. At the discretion of the Director of Development Services, a
separate zoning permit shall be issued for one Advertising
Structure or a single zoning 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 Code requirements.
11. No permit of any kind shall be issued for an Advertising Display without
prior approval of the City Council.
a. An application for approval of a zoning, sign and building permit for
an off -site Advertising Structure shall be filed with the City Council
in accordance with the following provisions:
1) Any person who has an ownership, license or leasehold
interest in the land parcel may file an application for approval
of a zoning and 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.
2) The application may request review of one or multiple
Advertising Structures.
3) 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 Structures(s).
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
B. The City Council may act on the application directly or refer the application to the
Planning Commission for review, recommendations or determination.
1. Before approving any off -site Advertising Display permit application, the
City Council, or 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
complimentary 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 the Zoning Code, and Federal, State
and local law relevant thereto.
2. The City Council, or the Planning Commission upon City Council referral,
may impose 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 25.130.050.
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 highways, including
the Freeway. Illuminations 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.
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. If the City
Council refers the application to the Planning Commission for
determination, the decision of the Planning Commission shall be final,
subject to applicants' right to appeal any decision of the Planning
Commission, to the City Council.
5. 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 25.135.060 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 condition of
those permits but that are not in conformance with the provisions of this Section
shall become non - conforming uses. The owner of a non - conforming outdoor
Advertising Display may perform normal repairs and customary maintenance to
such existing non - conforming Advertising Displays, including, but not limited to,
changing the advertising message and adding an Extension to the outside
dimension of a Facing.
D. All off -site outdoor Advertising Displays approved under this Section and existing
non - conforming Advertising Displays may be relocated by mutual agreement
between the display owner and the City Council on whatever terms are
agreeable to both parties under the authority of California Business & Profession
Code, Section 5412.
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 sub - section 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. Whenever the following terms are used in this Section, they shall be construed
as defined in this subsection.
1. "Advertising Display" refers to advertising structures and to signs placed
for off -site outdoor advertising purposes on advertising structures.
2. "Advertising Structure" means a structure of any kind or character 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.
3. "660 feet from the edge of the right -of -way" means 660 feet measured
from the edge of the right -of -way horizontally along a line perpendicular to
the centerline of the highway.
4. "Extension" means an increase in the size of the advertising area up to 33
percent of the total advertising area of the facing which does not exceed
the height, length or total area allowed for in Section 25.70.095.A.5.
5. "Facing" means the portion of the advertising structure that contains any
poster, bill, printing, painting, or other advertisement of any kind
whatsoever.
6. "Flashing, Intermittent, or Moving Light" means a light or message that
changes more often than once every four 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 seconds.
7. "Freeway" means a divided arterial highway for through traffic with full
control of access and with grade separations at intersections.
8. "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.
First read at a regular meeting of the City Council held on the 6th day of
June, 2006 and adopted and ordered published at a regular meeting of said Council
held on the 20th day of June, 2006.
C71�T�ICTA VASQU 0.
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
J O BELTRAN, City Attorney
of Lynwood
AT�.R U 4MARTZ, C
City of Lynwood
GRANT TAYLO irector
City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 2 0 t h day of J U N E 2006.
AYES: COUNCILMEMBERS BYRD, JOHNSON, PEOROZA, SANTILLAN, AND VASQUEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1 582 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 20th day of JUNE 2006.
a_.� /'
Andrea L. Hooper, City Clerk