HomeMy WebLinkAbout32 - PH-1 - Code Amendment CO-16-04B Articles 2 & 3 - 1/2/2018CITY 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