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HomeMy WebLinkAboutCC Ord 1405 1996-06-24 I I I ORDINANCE No./4oS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE, AMENDING ARTICLE 18, SIGN PROVISIONS, TO ESTABLISH STANDARDS FOR THE DISPLAY OF TEMPORARY ADVERTISING BANNERS IN COMMERCIAL ZONES (ZONE TEXT AMENDMENT 95-1) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AS FOLLOWS: WHEREAS, at a continued public hearing at its meeting of March 20, 1996, the Planning Commission considered and approved Zoning Text Amendment 95-1, and instructed staff to prepare the appropriate resolution for final adoption. This zone text amendment will amend Article 18 of Chapter 28 of the Code of the City of Seal Beach to establish standards for the display of temporary advertising banners in commercial zones within the City of Seal Beach; and WHEREAS, pursuant to 14 Calif. Code of Regs. fi 15305 and fi Il.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 95-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. fi 15311 (Accessory Structures), because it consists of placement of minor structures accessory to existing commercial facilities, including on-premises signs; and, pursuant to fi IS061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment; and WHEREAS, the record of the hearings held on September 6, November 8, and December 6 1995; and January 17, February 21, and March 20, 1996 indicate the following: (a) the said Commission held said aforementioned Public Hearings and received Staff Reports; (b) at said public hearings there were oral and written testimony or evidence received by the Planning Commission, both in favor of and in opposition to the proposed zone text amendment; (c) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development. Specifically, this amendment will amend Article 18 of Chapter 28 of the Code of the City of Seal Beach to eslliblish standards for the display of temporary advertising banners in commercial zones within the City of Seal Beach; and WHEREAS, based upon the facts contained in the record, including those stated in fi4 of the Planning Commission resolution and pursuant to fifi 28-2600 of the City's ~, the Planning Commission made the following findings: 0rdinance Number ,,~~ (a) Zoning Text Amendment 95-1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will allow Seal Beach merchants additional latitude to advertise their businesses. Specifically, this amendment will allow temporary banners to be displayed by a business up to ninety (90) days per calendar year, where banners are currently prohibited. I (c) The proposed text amendment will not result in any significant adverse impacts; and WHEREAS, a duly noticed public hearing was held by the City Council on June 10, 1996 to consider Zone Text Amendment 95-1; and WHEREAS, the City Council received into evidence the Report of the Planning Commission, including the Staff Reports and Planning Commission Minutes of the pertinent meetings of the Planning Commission, and Planning Commission Resolution No. 96-17. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to approve Zone Text Amendment 95-1. I NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Text Amendment 95-1 and amend Chapter 28 of the Code of the City of Seal Beach as indicated in the following sections: Section 1. Section 28-208.5. Banner of Chapter 28 of The Code of the City of Seal Beach is hereby added to read: "Section 28-208.5. Banner. A temporary exterior sign composed of fabric or flexible material with no enclosing frame." Section 2. Section 28-279.5 Temporary Sign of Chapter 28 of The Code of the City of Seal ~ is hereby added to read: , "Section 28-279.5 Temporary Sil!n. A sign which is installed for a limited time and is not constructed or intended for long-term use." Section 3. Section 28-1801.3. of Chapter 28 of The Code of the City of Seal Beach is hereby I renumbered to Section 28-1801.4. Section 4. Section 28-1801.3. of Chapter 28 of The Code of the City of Seal Beach is hereby added to read: "28-1801.3. Temporary Banners. Temporary banners are permitted in the Limited Commercial (L-C) , Commercial Office Ordinance Number /4/tJr (C-O), Service Commercial (C-l), Main Street Specific Plan (C- SP), and General Commercial (C-2) zones as follows: (a) I (b) A "Temporary Banner Permit" shall be obtained from the Department of Development Services each time a banner(s) is to be displayed. A permit for a banner will allow one (1) banner for each building face of a business which fronts a street or parking area. The application fee for a permit to display a banner shall be established by resolution of the City Council and set forth in the City's fee resolution. (c) Banners shall be permitted for a period not to exceed ninety (90) days per calendar year. Banners shall not be displayed longer than thirty (30) days in succession, with a period of not less than fourteen (14) days between the times a banner is displayed by the same business. (d) The size of a banner shall not exceed one (I) square foot per lineal foot of building frontage, or thirty (30) square feet maximum. A banner for a business fronting, or adjacent to, a street with a speed limit of thirty-five (35) miles per hour or more shall be permitted an additional one-half square foot per lineal foot of frontage, not to exceed 45 square feet total for the banner. (e) No banner utilizing luminescent/day glow colors may be installed. I I (t) A banner shall be used only as supplemental advertising for a business and may not substitute for a permanent sign. (g) A banner(s) shall be permitted only if its display does not obstruct the view of any adjoining businesses, or any signs, permanent or temporary, connected with adjoining businesses. (h) Banners shall be permitted to be mounted on the fascia or wall only. Banners shall not be permitted on the roofs of businesses or over a public right-of-way, excepting on legally permitted overhangs of the public right of way when the banner provides a minimum head clearance of eight (8) feet. (i) Banners shall be tightly secured. Torn or damaged banners shall either be replaced or removed entirely. (j) The applicant shall bring the banner to the City for review in conjunction with the application form. The removal date shall be affixed/marked to the banner by the Department of Development Services. If the removal date of a banner is removed or otherwise tampered with the banner permit shall be deemed expired and the banner shall be immediately removed. (k) Fees for temporary banner use shall apply to individual businesses only. A banner, on private property, intended for the promotion of a sale involving an entire shopping center, or for a public purpose (i.e. a Red Cross blood Ordinance Number /f-pS-- drive, etc.) shall be exempt from the application and deposit fees set forth above. (I) This section shall not apply to City sponsored banners hung over public rights-of-way. (m) Temoorary Banner Amortization Period. Temporary banners which do not conform to this ordinance shall, within 30 days after the effective date of this Section, be removed or made to conform." I "ffl!-SED. APPROVED AND ADOPTEDb, ~'Ci~ ~l of"" Cit, of"" h at a meeting thereof held on the ~ - day of ~ , 1996. d~~,~A)-db Mayor STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } ~*'~"'\\\\ #' ~ SEAL II 1\\1 .: 0 ......... ~-f I" ~ ~..:" .."o_POll.q ;00 ~ III :;i) D,J-,+ 'oooo~ 'fl. ~ 0 0 \ :i(*: ~'l,{l ::i " 0 !lit ~ 0 : : <1i! ~~~o o':~::; ~,. "-"'0 ~'r"i ~J 1111~Q;".~~~.~'.;.~:>~fI ~l" ('OIJN'I1.C.~~ ~~\\\\\~~ I. I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Califor~a:;-ebY certify that the fore . g ordinance is an original copy of Ordinance Number /- on file in the office of the ity Clerk, introduced at a meeting held on the ~~ day of , 1996, and passed, approved and adopted by th~Jl Council of the Cil ~ """" .. . """"'. held on "" ~_ - d., of .." , _ , 1996 the following vote: AYES: Councilmemb NOES: ABSENT: Council member ABSTAIN: Councilmember and do hereby further certify that Ordinance Number I.~ ~s been published pursuant I to the Seal Beach City Charter and Resolution Number 2836. I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and Ii! residenl of the County afore- said; I am over the l!ge 01 eighteen years, and not a party to or Inter- ested in the above-entilled mailer. I am the principal clerk of the printer of the SEAL BEACH SUN, Ii! newspaper of general circulation, printed and published weeklv in the City of Seal Beach. County of Orange'and which newspaper has been adjudged a newspaper 01 general circulation by the Superior Court or the County of Orange, State of California, under the date of 2/2t.n5. Case Number A82583; Ihalthe notice of which the annexed is a printed copy (set in type not smaller lhan nonpareil), has been published in each regular and enlire issue 01 said newspaper and not in any supplement thereof on the following dales, to,wit: 'S/\.,. all in the year 19J1Ji_. I certify (or declare) uncler penally of perjury thai the foregoing is true and correct. Dated al Seal Beach. California, this . :\ ~ clay 01 \".,.. '& . 192..L. (\ _9 -. .D~'.'<:l. (l~~Q,.od ~ Signature ~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA.90740 (310)430-7555 brdinance Number J~~ ThIs space for for the Counly Clerk's Filing Stamp Proof 01 Publication of ........................................................ .. ........................................................ .. . r - - - 'NcmcEOj;" . PUBUC HEARING I NOTICE IS HERESY GIVEN th. . the City Council of the Clly of I S,.I B..ch will hold . public . ....'In. on Mondl'. Jun. 1D, o 1S", ot 7:DO p.m. I. tho City . Council Chlmbe,., 211 Eighth St_. 1001 Booch, CoI/lom1i, to ._dortho IoIlowl",_: ZONING lEXT AMENDMENT':, RequIII: To establish ctty-widl standard, tor the temporary display of ".dvertlslng banners In ~commerclarnndultrlal ZontIl. The propo.ed regul.tlons would n18bllsh a pemu1tlng proceu and H1 maximum hma and IIZ8 IIII'lI1S for the display of temporary ._ners. . EnvIronment8I RevIew: ThiS project IS calegoricaUy exempt froriI CECA RMew ~ Soct_: 28.2600.28.1801; Chapter 28. MlCIol..5 . . !ppll.- r CitY 01 SoaI Booch . At the above time and place all r"l'8IIad persons lNIy'be heard If 10 desired. If you Challenge the I --....... in CllUI\, .... may be .'imlled 10 ralSln9 onry Iho.. IssueI you 01' IOm8OnI eIs8 I8lsed . althe public haanng described In . Ihls . nOllce. or in wrlllen I correspondene!' delivered to the . City or SOol _ 01. or prior 10. o. publIC huring DATED Tlul 13lh day of May. 18118 I anM Yeo. CIty Cletll. Cdy 01 SooII!oodl ~ Publlllhed., the SuI Beach Sun :-0511Mt6. . . a.-.... . ...:w ...... . Ordinance Number IJ!i PROOF'OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, Counly 01 Orange I am a citizen ollhe United Stales and a resident 01 the Counly alore- said: I am over Ihe ~ge 01 eighleen years, and not a party to or inler- ested in the above-entitled mailer. I am the principal clerk of Ihe prinler of the SEAL BEACH SUN, a newspaper 01 general circulation, prinled and published weeld... in the City 01 Seal Beach, County of Orange 'and which newspaper has been adjudged a newspaper 01 general circulation by the Superior Court of the Counly of Orange, State 01 California, under the date of 2/2t.n5. Case Number A82583; that the notice 01 which the annexed is a printed copy (sel in type not smaller than nonpareil), has been published in each regular and enlire issue 01 s~id newspaper and not in any supple,menllhereof on the following oales, to,wit: . '''~;S-T all in the year 19.2P_. This space for for Ihe Counly Clerk's Filing Slamp I Prool of Publica lion 01 .............oO..oOoO..oO..oO..oO.................. .. ........................................................ .. I certify (or declare) uncler penally of perjury Ihallhe lore going is lrue and correc!. . SUMMAAY- .ORmNANCENUMBER'~ DISPLAV OF n:UPQRARV BANNERS Ordlnanc. Number 1405 of the o City of S.., Beach 'Itabllsh.. . I.and.rda tor the d.splay of I temporary IIdvertlllng banners In commercial zone., more Ipeclflcally, but not IImhed to . ....ull1ld bonner permII. ponniI lee, , .... .....1........., IongIh "'..... fD . display, location, etc. Ordinance Number 1405 wa. Introduc8d 8t the rog_ CIIy Cauncol .......g of JUM 101h. ,. and Ill'll: reading wa. approved by the following ....: AYES. _. CoqIboII, FcnyIho, . : NOES'=~ . ABSENT: FuIIan , .- iO Ordinance Number 1406 will .. receive .econd reading and be I __IarIlloDbon81theJuno 2<111I rogular CIty Council ......09. . Copies 01 ClnIo....... Number 1405 . are 1IV8l1ab1. from the othce of the . City Clerk. City Hall. 211 . 81h I Slr..t, Seal Beach,".elephone (310) 431-2527. , DATED Thl. 17th day 01 June. f'886-" . I. JOllI1I1tI M. Yea. CIty Clerk . City of_Beach . PuIIIoshod m the S88I _ Sun '06I271ll8 _' I Da'led at Seal Beach, California, )hiS)I-'\. clay 01 ~~ ,19~. . (\ ..~. o",-:\l €';;;, ~.~ ----'--t Srgnalu PUOLlCATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Slreel Seal Beach, CA 90740 (310)1\30-7555 I Ordinance Number /~~ I SUM MAR Y ORDINANCE NUMBER 1405 DISPLAY OF TEMPORARY BANNERS Ordinance NumDer 1405 of the city of Seal Beach estaDlished standards for the display of temporary advertising Danners in commercial zones, more specifically, but not limited to a banner permit, permit fee, size requirements, length of time to display, location, etc. Ordinance Number 1405 received second reading and was adopted by the Seal Beach city Council at the regular meeting of June 24th, 1996 by the following vote: I AYES: NOES: ABSENT: Brown, Campbell, Forsythe, Fulton, Hastinqs None None Motion carried Copies of Ordinance Number 1405 are available from the office of the city Clerk, city Hall, 211 - 8th street, Seal Beach; telephone (310) 431-2527. .~TED THI~ :~h day of ~une, >4ti;t(~-.V (/ J/J JO!!lnne M. Yeo, ~~k ~~ity of Seal Beach 1996. (This summary notice posted at the Seal Beach City Hall for a period of one month). I