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Home My WebLink About75-32 Amending Public Sign UsageORDINANCE.NO. 75-32 AN.ORDINANCE OF THE CITY COUNCIL..:OF THE CITY OF COSTA MESA,CALIFORNIA, AMENDING ARTICLE.. TWO, CHAPTER SIX OF TITLE FIVE_ OF THE COSTA MESA .MUNICIPAL .CODE, PRO- HIBITING.THE CONSTRUCTION, ERECTION, OR MAINTENANCE OF OFF -PREMISE SIGNS AS A PUBLIC.NUISANCE,.AND ENFORCING REMOVAL THEREOF. UPON DUE NOTICE AND HEARING. l THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa -Mesa finds and declares.that.the City has been actively engaged in a Citywide program to upgrade the community by extensive capital improvement .programs,.andvigorous enforcement of. its on-site.;sign'ordinance. The City.Council further finds and declares that in keeping with the -present-day concern of citizens for a.quality environment, and to protect the users of streets and highways in our community, the continued existence of off. -site signs within our City -is incompatible with these goals to such an extent as to constitute a public nuisance. The City.Council further finds and.declares that reasonable measures. must be taken to.totally eliminate all such off-site. signs that presertly.exist. Accordingly, pursuant to authority granted the City of Costa Mesa by.California Government Code Sections 38771 and 65850,.California Civil Code Section.3479.and 3480, and other applicable laws, the existing provisions of Article 2, Chapter.6 of Title 5 o the,Costa Mesa Municipal Code are hereby amended to read as follows: SECTION 2. "ARTICLE 2. OFF -PREMISE SIGNS Section , 5-149 Purpose 'and Findings The purpose of this -article is•to promote commerce and encourage redevelopment of blighted areas,.improve traffic safety, protect.the value of public and.private property investments within.the City and to create a more desirable •4 ORDINANCE.NO. 75-32 AN.ORDINANCE OF THE CITY COUNCIL..:OF THE CITY OF COSTA MESA,CALIFORNIA, AMENDING ARTICLE.. TWO, CHAPTER SIX OF TITLE FIVE_ OF THE COSTA MESA .MUNICIPAL .CODE, PRO- HIBITING.THE CONSTRUCTION, ERECTION, OR MAINTENANCE OF OFF -PREMISE SIGNS AS A PUBLIC.NUISANCE,.AND ENFORCING REMOVAL THEREOF. UPON DUE NOTICE AND HEARING. l THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa -Mesa finds and declares.that.the City has been actively engaged in a Citywide program to upgrade the community by extensive capital improvement .programs,.andvigorous enforcement of. its on-site.;sign'ordinance. The City.Council further finds and declares that in keeping with the -present-day concern of citizens for a.quality environment, and to protect the users of streets and highways in our community, the continued existence of off. -site signs within our City -is incompatible with these goals to such an extent as to constitute a public nuisance. The City.Council further finds and.declares that reasonable measures. must be taken to.totally eliminate all such off-site. signs that presertly.exist. Accordingly, pursuant to authority granted the City of Costa Mesa by.California Government Code Sections 38771 and 65850,.California Civil Code Section.3479.and 3480, and other applicable laws, the existing provisions of Article 2, Chapter.6 of Title 5 o the,Costa Mesa Municipal Code are hereby amended to read as follows: SECTION 2. "ARTICLE 2. OFF -PREMISE SIGNS Section , 5-149 Purpose 'and Findings The purpose of this -article is•to promote commerce and encourage redevelopment of blighted areas,.improve traffic safety, protect.the value of public and.private property investments within.the City and to create a more desirable environment for the citizens and .visitors of -the City of Costa Mesa to promote. the General.Plan.of-the City. Accordingly, based upon extensive study -.and survey., the legislative body of the City_ finds.and.declares.that to achieve.the.foregoing, but not limited thereto,.that-the public health,'.safety, and general welfare require that all off -premise signs as defined herein shall be controlled, regulated,: and abated as.herein set forth.. Section 5-150 Definitions The following.words.have in this Article the definition attached.to them in.this section, unless otherwise apparent from.,.the.context: 1. "Off -premise sign;",'"billboard," or "outdoor Advertising structure" are equivalent terms. -that -mean a sign..that advertises -a business, -,product, activity; or service, other._than that which is..,available_-at,.or conducted.on,.the premises on.which the sign is located,. and. -includes the structure used'to display same. 2.. "Directional•sign".shall mean an off -premise sign that-advertises.the initial sale of.industrial or dwelling units within- a.land development located in the City of Costa Mesa. 3. "Abandoned sign" shall mean an.off-premise sign for which.:the fees as provided for herein have not been paid for..thirty (30) days. 4. "Illegal.sign" shall mean._any.off-premise sign which..has.beexi constructed,.erected, or maintained without the approval or.permit having..first been secured therefor from the.City. Section 5-151 Declaration as. Public Nuisance All off -premise signs which exist _in.violation of 'this Article shall.be and arehereby declared to be a_public nuisance and ;shall, be 'abated as herein-.provide.d. - 2- - Section 5-152.. Violations` 1. Approved 'Sign with Expiration, - Uate Any off-premise.sign er:ected,,constructed, or maintained with :prior approval and -permit from the City which .permit..provided for an expiration date at :the time the..permit:was issued shall be removed.within ninety (90).days of said expiration date. 2... Approved Si'gn..with'out.:Expirati:on Date Any off-premise'sign.that.has been -erected, constructed, or maintained and approved or -permitted by the City.of Costa Mesa without an expiration -date, shall.be removed within three (3) years after the effective date .of this .Article, or.. seven (7), .years after the date of construction thereof,.whichever is later. 3. hlleg I or : Abandoried Signs Any illegal or abandoned off -premise signs -shall be removed..within thirty.(3.0) days of notice being given by the City as.herein provided. 4 Exceptions:; A.. Any directional sign erected, constructed, or maintained.within the City upon first securing a permit therefor from.thd"Planning Department; provided that the period of time contained in said permit has not expired. In the event said time period has expired, such -directional sign shall then be illegal and abated.as'.lerein.provided.- B. Any dir.ectional.or off -premise sign that is found to be within the provisions of,the Cali- fornia Outdoor Advertising Act.(California Business.and Professions.Code'Sections'5200 et seq.).as determined.by the'Ci'ty.Council. Section..5-153` Direetional.:Si'gn Permits Application shall be made.to the Planning Department for a permit to erect,.,constr:uct,.'or maintain directional 3 - 9 signs. One such -'sign may be approved for each development which offers forsale twenty (2.0) or more.units and is located.within .the City of Costa Mesa _ Directional.signs shall. not . exceed thirty: -.two:. (32 ). square , feet --in area or twelve (12) feet in height and shallbenon-illuminated. Such :permits shall be valid for a.period of one (1),year or until all: -such units advertised have been sold,.whichever occurs first. The Planning Department shall investigate -the proposed site and sign as proposed and .may :not -approve or issue a permit.for signs.which are'determined.to be,detri- mentalp.to the public-health, safety,. or welfare. Section 5 -154 -Fees All off -premise signs, including directional signs, shall be subject.to an annual fee..which is due and payable on the -date any permit was -issued for same, and -on the'same day and month each year thereafter .it remains or.pro rata portion thereof n For any such `sign approved..witho.ut a maximum sign.area,.thd Planning..Commission.shall determine the maximum sign area.allowed.'hereu:nder. _.F.ee-per square foot of sign _area. ten cents ($.10). Section 5155.Enforcement.. Any off -premise sign,,including directional signs,- remaining.after.the applicable period of -time .set forth herein for such'sign shall be abated.as.a .public nuisance as .hereinafter provided:. 1. Upon determining that any sign is.in violation of this Article,;.the Planning Department shall send a Notice to.Abate by first-class mail.. -to the owners) of the sign itself and to the;own'er(s.) of the property upon which said sign is'located....Said.notice shall provide that said owner (s:):abate 'and ..remove such sign within ninety (.90) days after. the "date of ;said notice. 2. Said owner.(s.) may request.a hearing before the Planning Commission which request shall.be in writing, addressed, to the Planning Commission,:._77 Fair Drive, 4 - P - Costa Mesa,, -California 92626,.,and...postmarked.or re- ceived by - the . City 'no later than .ten - J10) days prior to the expiration of -the time -period set forth..in:the Notice to. Abate. 3. The'Planning Commission_shall.set the matter for public hearing on the next regularly .scheduled hearing date,.or as.soon thereafter- as the matter may be heard. 4. At such public hearing,the.Planning Commission shall :hear.all interested parties and make its deter- mination and decision. Such decision -shall be final and enfor.ceable.unless any-interested,.person(s) shall appeal to the -City Council..within the.time'and.in-.the manner as provided . in Article 2 , :.Chapter . IX. of --the Costa Mesa Municipal. Code.. 5. Upon -any such °determination,.decision or appeal having become final, the City.Manager or his designated agent, -may- order said sign to be summarily abated -and .the cost and expense of-such'abatement.shall constitute a lien or special assessment against -the parcel of land upon which said sign is maintained -and a personal obligation against.the property -owner pursuant to California Government Code Sections 38773 or 38773.5. ,The provisions of this subsection may be utilized in addition to any .other remedy provided by law. Section -5=156 Severabi1i-ty If any:provision.of this Article isfound to -be invalid or unconstitutional by.interpretation.or.application.to any person -or circumstances,.such.'invalidity or.unconstitution- ality shal-l.. not affect ;the other, provisions `or applications thereof. which .can be -given valid effect.." .SECTION 3..' This Ordinance shall take..ef.fect:and-b.e in full force.and.effect.thirty (3.0)'days from and after its passage, and. before the expiration -of fifteen . (15) . days after its passage, shall be published once :in.the Orange Coast Daily Pilot, .a newspaper of .general -_circulation printed - 5 - and published in the City of .Costa Mesa, to.g.ether.wit.h the names, of the members of. the City Council .voting .for and against the same. PASSED AND ADOPTED. this 17th day .of June, 1975. /0/,/-0-0&� M yor of .the City of Costa esa ATTEST: City Clerk of the Cit of Cos Mesa AAPPVED �® �oR� y --------41 - ---- - ---- .TY A ®RNEY STATE -'OF CALIFORNIA ) COUNTY OF. ORANGE ) SS CITY. OF•COSTA MESA ) „ I, EILEEN P. PHINNEY,-City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby..certify that the above and foregoing. Ordinance No. 75-32 was -intro- duced and consIder.ed.section by section at an adjourned regular meeting. of -said'City Council held on the 2nd day of June, 1975,.and thereafter passed and adopted as a whole at a regularmeeting of said City Council held on the 17th day of June,- 1975, .by the following roll call. vote: AYES: -Council Members:.�Pinkley, Hammett,-Raciti, Hertzog NOES: Council Members: Wilson ABSENT: Council Members: None IN WITNESS WHEREOF, I hav6 her.eunto.set my hand .and affixed the Seal of the City. of, Costa -Mesa this 18th day of June, 1975. City Clerk and ex -officio Clerk. the, City Council of the City. of -Cos Mesa