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HomeMy WebLinkAbout07. PH-1 - CODE AMENDMENT CO-16-04B, SIGN REGULATIONSCITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: PH-1 SUBJECT: CODE AMENDMENT CO-16-04B – AMENDMENT TO ARTICLES 2 AND 3 (SIGN REGULATIONS) OF CHAPTER VIII (SIGNS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE REGARDING NON- COMMERCIAL BANNERS DATE: DECEMBER 21, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: WILLA BOUWENS-KILLEEN/ZONING ADMINISTRATOR FOR FURTHER INFORMATION CONTACT: WILLA BOUWENS-KILLEEN, AICP (714) 754-5153 willa.bouwens-killeen@costamesaca.gov RECOMMENDATION Give first reading to Ordinance No. 18-xx, to be read by title only, adopting Zoning Code Amendment CO-16-04B to amend Articles 2 (General Provisions) and 3 (Sign Regulations) of Chapter VIII (Signs) of Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code. BACKGROUND On April 10, 2017, the Planning Commission held a public hearing and recommended first reading of an ordinance to modify the Zoning Code to add provisions for non-commercial banners. The proposed Code amendment would create new definitions to distinguish between commercial and non-commercial banners due to the United States Supreme Court’s recent decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), wherein the Court invalidated the sign code enacted by the Town of Gilbert, Arizona, concluding that the sign code’s distinctions among different types of signs were content-based restrictions that were unconstitutional. Last year, the City Council adopted a new sign code ordinance consistent with the Town of Gilbert decision. However, additional minor revisions were requested at the time, which are now being brought back to the City Council. Links to the staff report prepared for the April 10, 2017 Planning Commission meeting as well as the minutes of the meeting are provided below: Staff report: http://www.costamesaca.gov/ftp/planningcommission/agenda/2017/2017-04-10/PH-2.pdf Minutes: http://www.costamesaca.gov/modules/showdocument.aspx?documentid=26065 ANALYSIS New Definitions for Non-commercial Banners When processing Code amendments to reflect non-commercial portable signs, it became apparent that the Code was silent on non-commercial banner signs. The proposed modification would add a definition for non-commercial banners, and would also add an allowable area for banners in single-family zones as well as other development standards. To allow for consistency, the proposed standards (how they can be attached, required maintenance of the banner, etc.) are similar to those adopted for commercial banners. PUBLIC NOTICE As required by the Code, an advertisement was published in the Daily Pilot relating to the proposed amendments. At the time of preparation of this report, no public comments have been received. Any correspondence received will be forwarded to the City Council under separate cover. ENVIRONMENTAL DETERMINATION The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), in that it can be seen with certainty that there is no possibility that the proposed amendments to the Zoning Code will have a significant effect on the environment. Further, the amendments to Title 13, Chapter V, Article 1 involve the new construction or conversion of small structures and are therefore exempt pursuant to CEQA Guidelines Section 15303(e). LEGAL REVIEW The City Attorney’s Office has reviewed the draft ordinances and approved them as to form. CONCLUSION Adoption of the ordinance adds regulations relating to non-commercial banners where none exist at this time. WILLA BOUWENS-KILLEEN, AICP BARRY CURTIS, AICP Zoning Administrator Economic and Development Services Department Director Attachments: 1. Draft Ordinances – red line and clean copy ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO-16- 04B TO AMEND ARTICLES 2 (GENERAL PROVISIONS) AND 3 (SIGN REGULATIONS) OF CHAPTER VIII (SIGNS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE REGARDING NON-COMMERCIAL BANNERS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The City Council finds as follows: WHEREAS, Code Amendment CO 16-04B would amend Chapter VIII of Title 13 to provide a distinction between banners and non-commercial banners. WHEREAS, the Ordinance is intended to treat all banners and non-commercial banners in an equal manner, regardless of the content of such signs. WHEREAS, the regulations established by this Ordinance do not impermissibly infringe upon speech as there are multiple alternate methods via which the public may communicate including via signs placed on private property in a manner consistent with applicable law. SECTION 2: Title 13, Chapter VIII, Article 2, Section 13-111 (Definitions) is hereby amended to add the following: Non-commercial banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar material which is not used for advertising purposes on private property and not within the public right-of-way. Examples of non-commercial banners generally include, but are not limited to, signs that espouse a political or religious viewpoint, and signs commenting on public official(s) or matter(s) of public discourse. SECTION 3: Title 13, Chapter VIII, Article 3, Table 13-115 (Sign Regulations Permanent Signs) of the Costa Mesa Municipal Code is hereby amended to add the following: SINGLE- FAMILY RESIDENTIAL ZONES MULTIPLE- FAMILY RESIDENTIAL ZONES COMMERCIAL ZONES INDUSTRIAL ZONES INSTITUTIONAL ZONES NON-COMMERCIAL BANNERS ON PRIVATE ATTACHMENT 1 PROPERTY (Permit required.) MAXIMUM AREA 20 sq. ft. 0.5 sq.ft. per unit. Maximum area: 100 sq. ft. per site. 0.5 sq ft. per lineal foot of building frontage facing the street. Minimum entitlement: 25 sq. ft. per tenant. Maximum area: 75 sq. ft. per tenant. TIME LIMITS A maximum display time of 60 days per calendar year. Exception: For residential developments of 100 units or more, a maximum display time of 120 days per calendar year. DEVELOPMENT STANDARDS 1. The entire surface of the banner must be securely affixed to either a building wall of the residence or business (the building wall must abut a public street or on-site parking area serving the residence or business), or to the sign face of a freestanding sign. 2. May not be attached to any staff, pole, line, framing, vehicle, or similar support. 3. May not project above roof. 4. Must be maintained in good condition; removed or replaced if torn, faded, or dirty. 5. Limit one banner per tenant or building occupant on each street frontage maximum. SECTION 4: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), in that the City Council hereby finds that it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment as this regulation affects only temporary signage, the revisions caused by the Ordinance are technical, rather than substantive, in nature, and this Ordinance authorizes that which is, for practical purposes, nearly the baseline condition. SECTION 5: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 6: SEVERABILITY. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Ordinance are declared to be severable. SECTION 7: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this ______ day of _______________ 2018. __________________________ Sandra L. Genis, Mayor ATTEST: __________________________ Brenda Green, City Clerk APPROVED AS TO FORM: __________________________ Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, do hereby certify that the foregoing ordinance was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___ day of __________, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this _____ day of __________, 2018. _________________________________ BRENDA GREEN, CITY CLERK (SEAL) ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO-16- 04 TO AMEND ARTICLES 2 (GENERAL PROVISIONS) AND 3 (SIGN REGULATIONS) OF CHAPTER VIII (SIGNS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The City Council finds as follows: WHEREAS, Code Amendment CO-16-04B would amend Chapter VIII of Title 13 to provide a distinction between banners and non-commercial banners. WHEREAS, the Ordinance is intended to treat all banners and non-commercial banners in an equal manner, regardless of the content of such signs. WHEREAS, the regulations established by this Ordinance do not impermissibly infringe upon speech as there are multiple alternate methods via which the public may communicate including via signs placed on private property in a manner consistent with applicable law. SECTION 2: Title 13, Chapter VIII, Article 2, Section 13-111 (Definitions) is hereby amended to add the following: Non-commercial banner, flags, or pennants. Any cloth, bunting, plastic, paper, or similar material which is not used for advertising purposes on private property and not within the public right-of-way. Examples of non-commercial banners generally include, but are not limited to, signs that espouse a political or religious viewpoint, and signs commenting on public official(s) or matter(s) of public discourse. SECTION 3: Title 13, Chapter VIII, Article 3, Table 13-115 (Sign Regulations Permanent Signs) of the Costa Mesa Municipal Code is hereby amended to add the following: SINGLE- FAMILY RESIDENTIAL ZONES MULTIPLE- FAMILY RESIDENTIAL ZONES COMMERCIAL ZONES INDUSTRIAL ZONES INSTITUTIONAL ZONES NON-COMMERCIAL BANNERS ON PRIVATE PROPERTY (Permit required.) MAXIMUM AREA 20 sq. ft. 0.5 sq.ft. per unit. Maximum area: 100 sq. ft. per site. 0.5 sq ft. per lineal foot of building frontage facing the street. Minimum entitlement: 25 sq. ft. per tenant. Maximum area: 75 sq. ft. per tenant. TIME LIMITS A maximum display time of 60 days per calendar year. Exception: For residential developments of 100 units or more, a maximum display time of 120 days per calendar year. DEVELOPMENT STANDARDS 1. The entire surface of the banner must be securely affixed to either a building wall of the residence or business (the building wall must abut a public street or on-site parking area serving the residence or business), or to the sign face of a freestanding sign. 2. May not be attached to any staff, pole, line, framing, vehicle, or similar support. 3. May not project above roof. 4. Must be maintained in good condition; removed or replaced if torn, faded, or dirty. 5. Limit one banner per tenant or building occupant on each street frontage maximum. SECTION 4: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), in that the City Council hereby finds that it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment as this regulation affects only temporary signage, the revisions caused by the Ordinance are technical, rather than substantive in nature, and this Ordinance authorizes that which is, for practical purposes, nearly the baseline condition. SECTION 5: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 6: SEVERABILITY. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this Ordinance are declared to be severable. SECTION 7: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this ______ day of _______________ 2018. __________________________ Sandra L. Genis, Mayor ATTEST: __________________________ Brenda Green, City Clerk APPROVED AS TO FORM: __________________________ Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, do hereby certify that the foregoing ordinance was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___ day of __________, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this _____ day of __________, 2018. _________________________________ BRENDA GREEN, CITY CLERK