HomeMy WebLinkAbout18-02 Non-commercial bannersORDINANCE NO. 18-02
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
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.
Ordinance No. 18-02 Page 1 of 4
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:
Ordinance No. 18-02 Page 2 of 4
RESIDENTIAL ZONES
COMMERCIA
INDUSTRIA
INSTITUTION
L ZONES
L ZONES
AL ZONES
NON-
COMMERCIAL
BANNERS ON
PRIVATE
PROPERTY
(Permit required.)
The greater of 0.5 sq.ft. per
dwelling unit or 20 sq.ft.
0.5 sq ft. per lineal foot of building
MAXIMUM AREA
frontage facing the street.
Minimum entitlement: 25 sq. ft. per tenant.
Maximum area: 75 sq. ft. per tenant.
Maximum area: 100 sq. ft.
per site.
A maximum display time of 60 days per calendar year.
TIME LIMITS
Exception: For residential developments of 100 units or more, a
maximum display time of 120 days per calendar year.
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.
DEVELOPMENT
3. May not project above roof.
STANDARDS
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.
6. A permit is required
Ordinance No. 18-02 Page 2 of 4
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: EFFECTIVE DATE. 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
Ordinance No. 18-02 Page 3 of 4
(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 16th day of January 2018.
ATTEST:
P1ra k klm
Brenda Gre , City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
Sandra L. Genis, Mayor \
APPROVED AS TO FORM:
�77i-' r --
Thomas D6aife, dity Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 18-02 was duly introduced for first reading
at a regular meeting of the City Council held on the 2nd day of January, 2018, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 16th day of January, 2018, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
Foley
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
Righeimer, Stephens, Mansoor, Genis
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 17th day of January, 2018.
BRENDA GR N, CITY CLERK
Ordinance No. 18-02 Page 4 of 4