Loading...
HomeMy WebLinkAbout67-03 Advertising Near Freeways1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO.(P-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA RELATING TO ADVERTISING DISPLAYS ADJACENT TO FREEWAYS: PROVIDING FOR CERTAIN PERMITS FOR THE CONSTRUCTION OF SIGNS: DEFINING ADVERTISING STRUCTURES, DISPLAYS, FREE- WAYS AND LANDSCAPING; PROVIDING FOR CERTAIN EX- EMPTIONS AND PROVIDING FOR THE REMOVAL OF ADVERTISING SIGNS. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA HEREBY ORDAINS AS FOLLOWS: Section 1. There is hereby added to Chapter VIII, Article 5, the following sections: Section 8551. Purpose and Scope The purpose of this section is to establish standards in order to provide the necessary determining factors as to the location of Billboards and their proximity to the State Freeways so as to assure landscaping and beautification of said Freeways. Section 8552. Enforcement The Planning Director and Director of Building Safety of the City of Costa Mesa shall enforce all provisions of this Ordinance. Section 8553. Permits Required 1. In all cases, a Conditional Use Permit shall be required. 2. In all cases, a building permit, authorized by the Director of Building Safety of the City of Costa Mesa, shall be required. 3. In all cases, a signed clearance from the appropriate Division of Highways Office shall be submitted to the Building Official prior to receiving a building permit from the City of Costa Mesa. Section 8554. Definitions. (a) "ADVERTISING STRUCTURE." Refers to a structure of -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary. (b) "SIGN". Refers to any card, cloth, metal, painted or'. wooden sign of any character, placed for outdoor advertis- ing purposes, on or to the ground, or any tree, wall, bush, rock, fence, building, structure, or thing, either publicly or privately owner, other than an ad- vertising structure. (c) Neither "advertising structure" nor "sign" as used in this article includes: 1. Official notices issued by a court or public body or officer; 2. Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice; 3. Directional, warning, or information signs or structures required or authorized by law by federal, state, or municipal authority. (d) "ADVERTISING DISPLAY". Refers to advertising structures and to signs. (e) "FREEWAY". The term freeway shall be deemed to mean) a highway in respect to which the owners of abutting land have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California. (f) "TO PLACE". The vert "to place" and any of its variants as applied to advertising displays includes the maintaining and the erecting, constructing, posting, 1WM 1 2 3� 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 painting, printing, tacking, nailing, glueing, stitching, carving, or otherwise fastening, affixing, or making visible, any advertising display on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure or thing. (g) "LANDSCAPED FREEWAY". The term "Landscaped Freeway" shall be deemed to mean a section or sections of a free- way which is now, or hereafter may be improved by the plainting of at least on one side of the freeway right of way, of lawns, trees, shrubs, flowers, or other ornamental vegitation which shall require reasonable maintenance. Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway. Section 8555. Advertising Displays Adjacent to Landscaped Freeways. No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been, or hereafter may be, landscaped as defined herein, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of a free- way. Section 8556. Exempt Advertising Displays. The provisions of Section 8555 of this Ordinance shall not apply to any of the following listed advertising structures or signs used exclusively: (a) To advertise the sale or lease of the property on which said advertising display is placed; (b) To designate the name of the owner or occupant of the premises upon which said advertising display is -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 placed or to identify such premises; (c) To advertise the business conducted or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed. Section 8557. Removal of Prohibited Displays. Any advertising structure or sign which is now, or hereafter may be, in violation of the provisions of Section 8555 shall be removed within three (3) years from the effective date of this Ordinance or within three (3) years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed or accepted, and the character of said section or sections shall have been changed from a freeway to a landscaped freeway, whichever is later Section 8558. Severability. If any section, sub -section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional, by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. Section 2. This ordinance shall take effect and be in full force thirty (30) days from and after its passage 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 pub- lished in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. cc..�� aRc �i � PASSED AND ADOPTED THIS Z"' day of l , 1967. Mayor of the qty of Costa Mesa. �� 11 2 3 4 5 6I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No.L %=j was introduced and considered section by section at a regular meeting of the City Council on thea " day of February, 1967, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the L dayof p � ,1[967 by the following roll call vote: AYES: .0 aR a K� k/i NOES: N44n - ABSENT: /149-111 -5- City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa. STATE OF CALIFORNIA) %-`- COUNTY OF ORANGE ) SS. A CITY OF COSTA MESA) 'r'h I am a citizen of the United States and o resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I 7`1A �: syr am the Legal Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gen. erol circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify nh. that Olty Ordinance Number 67-3 , of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(.) of said newspaper on March 9,1967 I declare, under penalty of perjury, that the foregoing �;,�T is true and correct. Executed on March 9 1967 at Costa Mesa, California. px. , t . ;;. x n y STATE OF CALIFORNIA) COUNTY OF ORANGE ) SSS CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 67-3 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 20th day of February , 196-2, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 6th day of Warch , 1961, by the following roll -call vote AYES: COUNCILMEN - BARCK, WILSON, TUCKER, PINKLEY, JORDAN NO NE NOES: COUNCILMEN - ABSENT: COUNCILMEN NONE I FURTHER CERTIFY that said Ordinance No 67-3 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 9th day of march '1962. City Cerkand ex -officio � the City Council of the City of Costa Mesa