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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