Loading...
HomeMy WebLinkAbout2011-02-08 - AGENDA REPORTS - TEMPORARY NON COMMERCIAL SIGNS (2)Agenda Item: 12 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: February 8, 2011 SUBJECT: AMENDMENTS TO TITLE 11 AND TITLE 17 OF THE MUNICIPAL CODE REGULATING THE USE OF TEMPORARY, NON-COMMERCIAL SIGNS IN THE CITY OF SANTA CLARITA DEPARTMENT: Community Development RECOMMENDED ACTION City Council approve Master Case 10-046 consisting of Unified Development Code Amendment 10-003, and introduce and pass to second reading an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 10-046, ADOPTING A NEGATIVE DECLARATION, AND AMENDING TITLE 11 AND TITLE 17 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO THE REGULATION OF TEMPORARY, NON-COMMERCIAL SIGNS." BACKGROUND This item was continued from the City Council's meeting of January 25, 2011. Leading up to the April 2010, City election, some questions arose regarding whether the area and height restrictions on temporary, non-commercial signs in Section 17.19.230 of the City code apply to campaign signs. Although Section 17.19.230 as written does not specifically address campaign signs, it is clear from the legislative history of action taken by the City Council to amend Section 17.19.230 in December 2008, that the intent was to have this section of the UDC address quantity, sign area, height, and removal timeframes associated with campaign signs. Accordingly, the City Attorney's office has worked with staff to draft the proposed Ordinance to clarify the City Council's intent. At the November 2, 2010, Planning Commission meeting, the Planning Commission heard a presentation from the City Attorney's office and unanimously recommended that the City Council Ordinance passed to Second reading adopt the proposed amendements to the Unified Development Code. AN AT VCTC As written, Section 17.19.230 places area, height, and location restrictions on non-commercial temporary freestanding signs. Section 17.19.230 also prohibits all temporary freestanding signs from being lighted. Prior to December 2008, in addition to restricting the area and height of signs, Section 17.19.230 limited the number of temporary freestanding campaign signs and required that they be removed no later than seven days after an election. On December 8, 2008, City Council adopted Ordinance No. 08-16 and removed the restrictions related to campaign signs. While the general area and height restrictions were not removed, it is clear from the Agenda Report for Ordinance No. 08-16 that the City Council intended that they not apply to campaign signs. Amendments are proposed to address the intent of the City Council, and clarify the use of temporary, non-commercial signs. The proposed changes will not regulate the installation of signs in the City's right-of-way, or on any public property. All signs on public property will still be prohibited with the proposed regulations. However, all temporary, non-commercial signs (including campaign signs) would be limited to a maximum sign area per sign of 32 square feet on private property. For all residential and commercial properties in the City, a maximum aggregate sign area would be limited to 100 and 200 feet, respectively. This would allow for the individual property owner to display any number of signs on their property provided that they did not exceed the sign area for any particular sign, or the total sign area allowed for the entire site. Should a property owner violate these provisions, the City Attorney's office is recommending that the City Council adopt amentments to Chapter 11 of the Municipal Code regarding the enforcement and penalties associated with this type of violation. Additionally, this ordinance would require the removal of all freestanding temporary signs within ten (10) days of the event (or election) to which they relate. The draft ordinance as originally presented to the Planning Commission indicated that the removal requirement would apply only to campaign signs. However, during staff's presentation and in response to comments and direction from the Planning Commission, staff made clear that the removal requirement would apply to all temporary freestanding signs, so the draft ordinance attached to this staff report reflects that direction. Further, because the clarification was made at the Planning Commission that the removal requirement applies to all temporary freestanding signs, the definition of campaign signs is no longer needed in the code. (There is only one other reference in the code to campaign signs, and it is redundant by virtue of the proposed temporary freestanding sign provisions—so it can also be deleted.) A copy of the proposed amendments is attached to the Ordinance as Exhibit "A". Within the exhibit, the language proposed for addition to the UDC is underlined, while language proposed for removal is s*...,ek thfetigl Finally, at the last Council meeting, a question was posed as to whether the ordinance could provide that after a temporary sign has been placed in the right of way illegally a second time, the sign would be held by the City until after the election or event to which it relates. This would not be permissable under due process provisions of the constitution. However, as presently drafted, there are provisions in the ordinance that would discourage such behavior. More specifically, if signs are placed illegally in the public right of way, the, sheriff or an agent of the City's Community Development Department can remove such signs. Notice would then be provided to the owner of such signs, if ownership can be determined. If no response is received after 10 days, the signs are deemed abandoned and may be destroyed by the City. If the owner of the signs wishes to collect the signs, the owner can be cited administratively, and a $50 fine for the first "day" of violation (regardless of the number of signs collected by the City) would be assessed. Thereafter, if there is a second violation of the prohibition on placing signs within the public right of way within a one year period of the first violation, the owner of such signs, upon retrieving the signs from the City, would be subject to an administrative fine of $100 PER SIGN. A third violation would carry a fine of $250 PER SIGN. NOTICING All noticing requirements for a public hearing have been completed. A 1/8th page advertisement was placed in The Signal newspaper on January 4, 2011. To date, staff has not received any correspondence regarding these proposed amendments. ENVIRONMENTAL STATUS An Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA). The Initial Study determined that all impacts related to the proposed modifications are considered to be less than significant. Therefore, a Negative Declaration was prepared in accordance with Section 15070 of CEQA. ALTERNATIVE ACTIONS 1. The Council may wish to modify the fine schedule associated with illegally placed and then subsequently retrieved signs. The intent of the current schedule is to impose a minimal fine for the first violation in the event that such violation was inadvertant (as sometimes it may be difficult to identify where the public right of way begins and private property ends), with an increased penalty for subsequent violations. The $50 first fine (regardless of the number of signs) could be modified further to indicate that the first violation is simply a warning. Alternatively, a warning could be issued provided that only one or two signs are found at the time of the first violation—but if more than that are found, the $50 fine would be imposed. 2. Other action as determined by the City Council. N FISCAL IMPACT No direct fiscal impact is anticipated with the proposed amendments. ATTACHMENTS Ordinance - Exhibit "A" Negative Declariation and Initial Study ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING MASTER CASE 10-046, ADOPTING A NEGATIVE DECLARATION, AND AMENDING TITLE 11 AND TITLE 17 OF THE CITY OF SANTA. CLARITA MUNICIPAL CODE PERTAINING TO THE REGULATION OF TEMPORARY, NON-COMMERCIAL SIGNS. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS: SECTION 1. Amendments of Chapters 11.12 and 17.19 of the Municipal Code. Chapter 11.12 of Title 11 and Sections 17.19.050 and 17.19.230 of Title 17 of the City of Santa Clarita Municipal Code are amended and restated to read as follows: Chapter 11.12 INTERFERENCE WITH CITY PROPERTY OR NOTICES 11.12.010 Removing or Defacing Official Notices Prohibited - Exception. 11.12.020 Posting Signs and Defacing Property Prohibited When. 11.12.030 Signs or Billboards on Public Highways Prohibited Exceptions. 11.12.040 Paint in Aerosol Cans Prohibited When. 11.12.050 Sale of Aerosol Paint Containers - Storage Requirements. 11.12.060 Removal of Unauthorized Signs. 11.12.070 Violation - Penalty. 11.12.010 Removing or Defacing Official Notices Prohibited—Exception. No person shall intentionally deface, tear down, obliterate or destroy any copy, transcript or extract of or from any ordinance of the City which shall be posted in, on or along any highway or other public place, or any proclamation, advertisement or notice set up at any place by authority of any ordinance of the City, before the expiration of the time in which such proclamation, advertisement or notice was to remain set up. 11.12.020 Posting Signs and Defacing Property Prohibited When. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building, traffic signals, stop signs or other property belonging to the City, or any tree situated in any public highway of the City, or in any public right of way; and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the City, or any tree situated in any public highway of the City, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto. 11.12.030 Signs or Billboards on Public Highways Prohibited. No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or other public right of way of the City. 11.12.040 Paint in Aerosol Cans Prohibited When. A. A person, other than a City agent, official or employee, shall not carry any aerosol can of paint into or upon any City -owned building, grounds, park or other facility without the permission of the City officer in charge. For the purposes of this section, a public highway is not a City -owned facility. B. No person 'shall sell, exchange, give or loan, or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years, unless such person be the parent, legal guardian, employer or state -credentialed teacher of the minor. No person under the age of eighteen (18) years of age shall purchase any pressurized can containing paint or dye except from his or her parent, legal guardian, employer or state -credentialed teacher. 11.12.050 Sale of Aerosol Paint Containers - Storage Requirements. Any business or establishment offering for sale to the public aerosol paint containers shall keep, store and maintain such aerosol paint containers in a place that is locked and secure, or otherwise made unavailable to the public. 11.12.060 Removal of Unauthorized Signs. A. The sheriff or an agent of the Department of Community Development shall remove or cause to be removed every handbill, dodger, notice, sign or advertisement painted, posted, attached or affixed contrary to the provisions of Section 11.12.020 or 11.12.030. No notice is required for such removal. B. Any signboard, billboard or sign placed or maintained in violation of Section 11.12.020(or 11.12.030 and removed pursuant to this section, except any sign of de minimis value, shall be held by the City in storage and the owner or other person in control of the illegally placed or maintained signboard, billboard or sign must be given ten (10) days written notice to reclaim such signboard, billboard or sign. In the event the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained signboard, billboard or sign, no notice is required. C. In order to reclaim a signboard, billboard or sign removed by the City pursuant to this section, the owner or person in control of such signboard, billboard or sign must first pay to the City any fine imposed pursuant to Section 11.12.070(B). D. The City may destroy any signboard, billboard or sign that is not reclaimed after ten (10) days if the City has provided the written notice required by subsection B of this section. E. If the City has not provided the written notice required by subsection B of this section because the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained signboard, billboard or sign, the illegally placed or maintained signboard, billboard or sign will be presumed to be abandoned and may be destroyed by the City within ten (10) days after removal by the City. F. Any sign of de minimis value placed or maintained in violation of Section 11. 12.020 or 11.12.030 will be deemed to be abandoned and may be destroyed by the City after removal without notice. For purposes of this section, a sign of de minimis value is any handbill, dodger, or leaflet. 11.12.070 Violation—Penalty. A. Any violation of the provisions of this chapter constitutes a misdemeanor and in addition to any other available penalties or remedies will be subject to the penalties set forth in Chapter 23.10 of this code. B. If an administrative citation is issued for a violation of Section 11. 12.020 or 11. 12.030 in lieu of any criminal citation that could have been issued for the same violation, such violation shall be punishable as follows: 6 1. A fine not exceeding fifty dollars ($50.00) total for the day in which the first violation occurs; 2. Subsequent to the date of the first violation, a fine not exceeding one hundred dollars ($100.00) for a second violation of the same provision within one year of the first violation; 3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same provision within one year of the first violation. 17.19.050 Signs Not Requiring a Sign Permit. The following signs do not require a sign permit under Section 17.19.060, Administration, nor will the area of ,such signs be included in the maximum area of signs permitted; provided, however, that each such sign shall comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time-consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the City's building or electrical codes. A. Construction signs. B. Hand-held signs. C. Incidental business signs. D. Real estate signs. E. Temporary freestanding signs permitted by Section 17.19.230. F. Window signs. 17.19.230 Temporary Freestanding Signs. Temporary freestanding signs are permitted in all zones subject to the following regulations: A. Number and Time Limits. 1. ' In the C, I and OS Zones. No temporary freestanding commercial signs permitted at any time. 2. In the R Zone. No temporary freestanding commercial signs permitted at any time. B. Area. 1. In the C, I and OS Zones. A maximum area for each temporary freestanding noncommercial sign of thirty two (32) square feet and a maximum aggregate area for all temporary freestanding noncommercial signs on an individual parcel or within a commercial center of two hundred (200) square feet is permitted. 2. In the R Zone. A maximum area for each temporary freestanding noncommercial sign of thirty two (32) square feet and a maximum aggregate area for all temporary freestanding noncommercial signs on an individual parcel of land of one hundred (100) square feet is permitted. C. Location. Signs may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless otherwise authorized in this chapter, temporary signs shall not extend over or into any public right-of-way, street, alley, sidewalk or other public thoroughfare. D. Lighting. Signs shall not be lighted. E. Removal. All temporary freestanding signs must be removed within ten (10) days after the event for which they are intended. SECTION 2. Amendment to Section 17.19.020 of the Municipal Code. The definition of "Sign, Campaign" is deleted from section 17.19.020 of the Santa Clarita Municipal Code. SECTION 3. California Environmental Quality Act Findings. Based upon the foregoing facts and findings, the City Council hereby find as follows: a. An Initial Study and a Negative Declaration for this project have been prepared in compliance with the California Environmental Quality Act (CEQA); b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The Negative Declaration was posted and advertised on October 12, 2010, in accordance with CEQA. The public review period was open from October 12, 2010, through November 2, 2010; C. There is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgment of the City of Santa Clarita; d. The documents and other material which constitute the record of proceedings upon which the decision of the Planning Commission is made is the Master Case 10-046 project file located within the Community Development Department and is in the custody of the Director of Community Development; and e. The Planning Commission, based upon the findings set forth above, hereby finds that the Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this day of 2011. lu: • ' ATTEST: ACTING CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 11- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of February 2011. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 22nd day of February 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). ACTING CITY CLERK n STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 11- , adopted by the City Council of the City of Santa Clarita, CA on , 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2011. City Clerk By Deputy City Clerk 7 Exhibit "A". Master Case 10-046 Unified Development Code Amendment 10-003 17.19.020 Definitions. 17.19.050 Signs Not Requiring a Sign Permit. The following signs do not require a sign permit under Section 17.19.060, Administration, nor will the area of such signs be included in the maximum area of signs permitted; provided, however, that each such sign shall comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time- consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the City's building or electrical codes. A. CaffiPai B- A. Construction signs. E B. Hand-held signs. 13: C. Incidental business signs. D. Real estate signs. F- E. Temporary freestanding signs permitted by Section 17.19.230. 6-: F. Window signs. 17.19.230 Temporary. Freestanding Signs. Temporary freestanding signs are. permitted in all zones subject to the following regulations: A. Number and Time Limits. 1. In the C, I and OS Zones. No temporary freestanding commercial signs . permitted at any time. 2. In the R Zone. No temporary freestanding commercial signs permitted at any time. B. Area. 1. In the C, I and OS Zones. A maximum area of twelve "2) squar-e feet shall be wed- for each temnorary freestandine non-commercial sign of thirtv-two (32) square feet and a maximum aggregate area for all temporary freestanding; non-commercial signs on an individual parcel or within a commercial center of two hundred (200) square feet is permitted. 2. In the R Zone. A maximum area for each temporary freestanding non-commercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding non-commercial (2, Mr 17.19.050 Signs Not Requiring a Sign Permit. The following signs do not require a sign permit under Section 17.19.060, Administration, nor will the area of such signs be included in the maximum area of signs permitted; provided, however, that each such sign shall comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time- consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the City's building or electrical codes. A. CaffiPai B- A. Construction signs. E B. Hand-held signs. 13: C. Incidental business signs. D. Real estate signs. F- E. Temporary freestanding signs permitted by Section 17.19.230. 6-: F. Window signs. 17.19.230 Temporary. Freestanding Signs. Temporary freestanding signs are. permitted in all zones subject to the following regulations: A. Number and Time Limits. 1. In the C, I and OS Zones. No temporary freestanding commercial signs . permitted at any time. 2. In the R Zone. No temporary freestanding commercial signs permitted at any time. B. Area. 1. In the C, I and OS Zones. A maximum area of twelve "2) squar-e feet shall be wed- for each temnorary freestandine non-commercial sign of thirtv-two (32) square feet and a maximum aggregate area for all temporary freestanding; non-commercial signs on an individual parcel or within a commercial center of two hundred (200) square feet is permitted. 2. In the R Zone. A maximum area for each temporary freestanding non-commercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding non-commercial (2, signs on an individual parcel of land of one hundred (100) square feet is permitted. G. Height. The maximum height shall be four- (4) feet-. D- C. Location. Signs may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless otherwise authorized in this chapter, temporary signs shall not extend over or into any public right-of-way, street, alley, sidewalk or other public thoroughfare. D. Lighting. Signs shall not be lighted. E. Removal. All temporary freestanding signs must be removed within ten (10) days after the event for which they are intended. 13 Chapter 11.12 INTERFERENCE WITH CITY PROPERTY OR NOTICES Sections: 11.12.010 Removing or Defacing Official Notices Prohibited—Exception. 11.12.020 NL elutien Penalty. 11.12.0-30020 Posting Signs and Defacing Property Prohibited When. 11.12.040 030 Signs or Billboards on Public Highways Prohibited Exceptions. 11.12.0-50040 Paint in Aerosol Cans Prohibited When. 11.12.0-5-5050 Sale of Aerosol Paint Containers—Storage Requirements. 11.12.060 Removal of Unauthorized Signs. 11.12.070 Violation—Penalty. 11.12.010 Removing or Defacing Official Notices Prohibited—Exception. No person shall intentionally deface, tear down, obliterate or destroy any copy, transcript or extract of or from any ordinance of the City which shall be posted in, on or along any highway or other public place, or any proclamation, advertisement or notice set up at any place by authority of any ordinance of the City, before the expiration of the time in which such proclamation, advertisement or notice was to remain set up. 11.12.020 Violation atty Violation of Seefien 11. 12.010 is an infiaetion punishable by a fine net exee 11.12.838 020 Posting Signs and Defacing Property Prohibited When. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement, upon or to any bridge, fence, building, traffic signals, stop signs or other property belonging to the City, or any tree situated in any public highway of the City; or in any public right of way; and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the City, or any tree situated in any public highway of the City, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto. 11.12.048 030 Signs or Billboards on Public Highways Prohibited Exeeptions. No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or other public right of way of the City. 11.12.050 040 Paint in Aerosol Cans Prohibited When. A. A person, other than a City agent, official or employee, shall not carry any aerosol can of paint into or upon any City -owned building, grounds, park or other facility without the permission of the City.officer in charge. For the purposes of this section, a public highway is not a City -owned facility. B. No person shall sell, exchange, give or loan, or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years, unless such person be the parent, legal guardian, employer or state -credentialed teacher of the minor. No person under the age of eighteen (18) years of age shall purchase any pressurized can containing paint or dye except from his or her parent, legal guardian, employer or state -credentialed teacher. 11.12.0 050 Sale of Aerosol Paint Containers—Storage Requirements. Any business or establishment offering for sale to the public aerosol paint containers shall keep, store and maintain such aerosol paint containers in a place that is locked and secure, or otherwise made unavailable to the public. 11.12.060 Removal of Unauthorized Signs. A. The sheriff or an agent of the Department of Community Development shall remove or cause to be removed every handbill, dodger, notice, sign or advertisement painted, posted, attached or affixed contrary to the provisions of Section 11. 12.838 020 or 11.12.040 030. B. Any Signboard billboard or sign placed or maintained in violation of Section 11. 12.020 or 11. 12.030 and removed pursuant to this section, except any si ng of de minimus value shall be held by the City in storage and the owner or other person in control of the illegally placed or maintained signboard, billboard or sign must be given ten (10) days written notice to reclaim such signboard, billboard or sign. In the event the City, after making reasonable efforts is unable to identify the owner or person in control of the illegally placed or maintained signboard, billboard or sign, no notice is required. C. In order to reclaim a signboard billboard or sign removed by the City pursuant to this section the owner or person in control of such signboard, billboard or sign must first pay to the City any fine imposed pursuant to Section 11.12.070(B). D. The City may destroy any signboard, billboard or sign that is not reclaimed after ten (10) days if the Cityhas provided the written notice required by subsection B of this section. E. If the City does not provide the written notice required by subsection B of this section because the City, after making reasonable efforts is unable to identify the owner or person in control of the illegally placed or maintained signboard, billboard or sign will be presumed to be abandoned and may be destroyed by the City within ten (10) days after removal by the City. F. Any sign of de minimus value placed or maintained in violation of Section 11. 12.020 or 11. 12.030 will be deemed to be abandoned and may be destroyed by the City after removal without notice. For purposes of this section, a sign of de minimus value is any handbill, dodger, or leaflet. 11.12.070 Violation—Penalty. A. Any violation of the provisions of this chapter constitutes a misdemeanor and in addition to any other available penalties or remedies will be subject to the penalties set forth in Chapter 23.10 of this code. B. If an administrative citation is issued for a violation of Section 11. 12.020 or 11. 12.030 in lieu of any criminal citation that could have been issued for the same violation such violation shall be punishable as follows: 1. A fine not exceeding fifty dollars ($50.00) total for the day in which the first violation occurs; 2. Subsequent to the date of the first violation, a fine not exceeding one hundred dollars ($ 100.00) for a second violation of the same provision within one year of the first violation. 3. A fine not exceeding two hundred fifty dollars $250.00) for each additional violation of the same provision within one year of the first violation. is CITY OF SANTA CLARITA NEGATIVE DECLARATION [X] Proposed [ ] Final MASTER CASE NO: Master Case 10-.046 PERMIT/PROJECT NAME: Unified Development Code Amendment 10-003 APPLICANT: City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Valencia, CA 91355 LOCATION OF THE PROJECT: Citywide DESCRIPTION OF THE PROJECT: The City of Santa Clarita is preparing an amendment to Chapters 11 and 17 of the City's Municipal Code addressing the regulation of temporary, non-commercial signs in the City. This subsection would provide provisions for the installation of temporary, non-commercial signs including the maximum sign area permitted for each sign, the maximum aggregate sign area permitted on a private parcel, and the timeline for removal of signs. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15070 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ]Director of Planning and Building Services finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [ ] Are Not Required [ ] Are Attached [X] Are Not Attached Lisa M. Webber, AICP PLANNING MANAd Prepared by: jfbix / &) !/"�J Patrick Leclair, Associate Planner (Signatilr�) (Name/Title) Approved by \ V \ "i V Jeff Hogan, AICP, Senior Planner (S1g at&e) (Name/Title) Public Revie P od From_ \ Ockober 12, To November 2, 2010 Public Notice Given On O tober 12, 2010 [X] Legal Advertisement [ ] Posting of Properties [ ] Written Notice CERTIFICATION DATE: SACD\CURRENTV2010\NC Sign Amendment\NC Sign Draft ND.doc 1-6 INITIAL STUDY CITY OF SANTA CLARITA Project Title/Master Case Number: Master Case 10-046 Unified Development Code Amendment (UDC 10-003) Lead Agency name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 Contact person and phone number: Patrick Leclair . Associate Planner (661) 255-4330 Project location: Citywide Applicant's name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 General Plan designation: N/A Zoning: N/A Description of project and setting: The City of Santa Clarita is preparing an amendment to Chapters 11 and 17 of the City's Municipal Code (MC) to address the placement of temporary, non-commercial signs in the City. Amendments are proposed to Chapter 11 to address the penalties associated with the illegal placement of these signs, while amendments are proposed to Chapter 17 to establish a maximum sign area for signs on a private parcel of land, as well as an aggregate sign area for the total sign area permitted for temporary, non-commercial signs. The changes proposed to Chapters 11 and 17 are shown below with all language proposed for removal rim and all proposed language underlined: Chapter 11.12 INTERFERENCE WITH CITY PROPERTY OR NOTICES Sections: 11.12.010 Removing or Defacing Official Notices Prohibited—Exception. in r Master Case 10-046 UDC 10-003 Page 2 of 29. 11.12.03-0 020 Posting Signs and Defacing Property Prohibited When. 11.12.040 030 Signs or Billboards on Public Highways Prohibited Exceptions. 11.12.0-50040 Paint in Aerosol Cans Prohibited When. 11.12.G-5-5050 Sale of Aerosol Paint Containers— Storage Requirements. 11.12.060 Removal of Unauthorized Signs. 11.12.070 Violation—Penalty. 11.12:010 Removing or Defacing Official Notices Prohibited—Exception. No person shall intentionally deface, tear down, obliterate or destroy any copy, transcript or extract of or. from any ordinance of the City which shall be posted in, on or along any highway or other public place, or any proclamation, advertisement or notice set up at any place by authority of any ordinance of the City, before the expiration of the time in which such proclamation, advertisement or notice was to remain set up. M.12,020 Ngelutien Penalty. 4tV11 puiiishable by a fine net eyieeediag $250.00. 11.12.880 020 Posting Signs and Defacing Property Prohibited When. No person shall paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building, traffic signals, stop signs or other property belonging to the City, or any tree situated in any public highway of the City, or in any public right of way; and no person shall deface, mat or disfigure any bridge, fence, building or other structure belonging to the City, or any tree situated in any public highway of the City, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto. 11.12.040 030 Signs or Billboards on Public Highways Prohibited £xees. No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or other public right of way of the City. 11.12.8§8 040 Paint in Aerosol Cans Prohibited When. m Master Case 10-046 UDC 10-003 Page 3 of 29 A. A person, other than a City agent, official or employee, shall not carry any aerosol can of paint into or upon any City -owned building, grounds, park or other facility without the permission of the City officer in charge. For the purposes of this section, a public highway is not a City -owned facility. B. No person shall sell, exchange, give or loan, or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years, unless such person be the parent, legal guardian, employer or state -credentialed teacher of the minor. No person under the age of eighteen (18) years of age shall purchase any pressurized can containing paint or dye except from his or her parent, legal guardian, employer or state -credentialed teacher. 11.12.8§5 050 Sale of Aerosol Paint Containers— Storage Requirements. Any business or establishment offering for sale to the public aerosol paint containers shall keep, store and maintain such aerosol paint containers in a place that is locked and secure, or otherwise made unavailable to the public. 11.12.060 Removal of Unauthorized Signs. A. The sheriff or an agent of the Department of Community Development shall remove or cause to be removed every handbill, dodger, notice, sign or advertisement painted, posted, attached or affixed contrary to the provisions of Section 11.12.03-0 020 or 11.12.040 030. B. Any Signboard, billboard or sign placed or maintained in violation of Section 11.12.020 or 11.12.030 and removed pursuant to this section, except any sign of de minimus value, shall be held by the City in storaye and the owner or other person in control of the illegally placed or maintained signboard, billboard or Sim must be given ten (10) days written notice to reclaim such signboard, billboard or sign. In the event the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained signboard, billboard or sign, no notice is required. C. In order to reclaim a signboard, billboard or sign removed by the City pursuant to this section, the owner z� Master Case 10-046 UDC 10-003 Page 4 of 29 or person in control of such signboard, billboard or sign must first pay to the City any fine imposed pursuant to Section 11.12.070(B). D. The Cid may destroy any signboard, billboard or sign that is not reclaimed after ten (10) days if the City has provided the written notice required by subsection B of this section. E. If the City does not provide the written notice required by_subsection B of this section because the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained signboard, billboard or sign will be presumed to be abandoned and may be destroyed by the City within ten (10) days after removal b the e City. F. Any sign of de minimus value placed or maintained in violation of Section 11. 12.020 or 11. 12.030 will be deemed to be abandoned and may be destroyed by the City after removal without notice. For purposes of this section a sign of de minimus value is any handbill, dodger, or leaflet. 11.12.070 Violation—Penalty. A. Any violation of the provisions of this chapter constitutes a misdemeanor and in addition to any other available penalties or remedies will be subject to the penalties set forth in Chapter 23.10 of this code. B. If an 'administrative citation is issued for a violation of Section 11.12.020 or 11.12.030 in lieu of any criminal citation that could have been issued for the same violation such violation shall be gum as follows: 1. A fine not exceeding fifty dollars ($50.00) total for the day in which the first violation occurs; 2. Subsequent to the date of the first violation, a fine not exceeding one hundred dollars ($100.00) for a second violation of the same provision within one year of the first violation. 3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the saimeprovision within one year of the first violation. 17.19.230 Temporary Freestanding Signs. Temporary freestanding signs are pennitted in all zones subject to the following regulations: A. Number and Time Limits. 1. In the C, I and OS Zones. No temporary freestanding commercial signs permitted at any 31 Master Case 10-046 UDC 10-003 Page 5 of 29 time. 2. In the R Zone.. No temporary freestanding commercial signs permitted at any time. B. Area. 1. In the C, I and OS Zones. A maximum area e4 for each temporary freestanding non-commercial sign of thirty-two (32) square feet and a maximum agwegate area for all temporary freestanding non-commercial signs on an individual parcel or within a commercial center of two hundred (200) square feet is permitted. 2. In the R Zone. A maximum area of si E (6) s"ar-e feet shall be peffnitted. for each temlora±y freestanding non-commercial sign of thirtytwo (32) square feet and a maximum aggregate area for all temporary freestanding non-commercial signs on an individual parcel of land of one hundred (100) square feet is permitted. G. Height. The ffifflEifa:affi hei& shallbe feet. D-. C. Location. Sims may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless otherwise authorized in this chapter, temporary signs shall not extend over or into any public right-of-way, street, alley, sidewalk or other public thoroughfare. E— D. Lighting. Signs shall not be lighted. E. .Removal. All campaign sites must be removed within ten (10) days after the election for which they are intended. Surrounding land uses: N/A Other public agencies whose N/A approval is required: A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Less than Significant with Mitigation" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Agriculture Resources [ ] Biological Resources [ ] Cultural Resources [ ] Hazards & Hazardous [ ] Hydrology / Water Materials Quality [ ] Mineral Resources [ ] Noise [ ] Air Quality [ ] Geology / Soils [ ] Land Use / Planning [ ] Population / Housing [ ] Public Services [ ] Recreation [ ] Transportation / Traffic [ ] Utilities / Service Systems [ ] Mandatory Findings of Significance B. DETERMINATION: On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant . impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. IN, Master Case 10-046 UDC 10-003 Pale 7 of 29 [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLA including revisions or mitigation measures that are imposed upon the propo ,project, 4*ng further is required. 10/3I v Patrick Ldclair, Associate Planner Date eff I4 Senior Planner Date Z— q Master Case 10-046 UDC 10 -003 - Page 8 of 29 C. EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? [ ] b) Substantially damage scenic resources, including, but [ ] not limited to, primary/secondary ridgelines, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or [ ] quality of the site and its surroundings? d) Create a new source of substantial light or glare that [ ] would adversely affect day or nighttime views in the area? e) Other [] [X] [] [X] II. AGRICULTURE AND FOREST RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or [ ] [ ] [ ] [X] Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Master Case 10-046 UDC 10-003 Page 9 of 29 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] I [X] c) Conflict with existing zoning for, or cause rezoning. of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public [ ] [ ] [ ] [X] Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of [ ] [ ] [ ] [X] forest land to non -forest use? e) Involve other changes in the existing environment [ ] [ ] [ ] IN which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the [ ] [ ] [] [X] applicable air quality plan? b) Violate any air quality standard or contribute [ ] [ ] [ ] [X] substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of [ ] [ ] [ ] [X] any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant [ ] [ ] [ ] IN concentrations? Z6 Master Case 10-046 UDC 10-003 Page 10 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation e) Create objectionable odors affecting a substantial [ ] [ ] [] [X] number of people? f) Other [ ] [ ] [ ] [ ] IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or [ ] [ ] [ ] [X] through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian [ ] [ ] [ ] [X] habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department, of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally [ ] [ ] [ ] [X] protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any [ ] [ ] 11' [X] native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances [ ] [ ] [ ] [X] protecting biological resources, such as a tree preservation policy or ordinance? Oak trees? Z7 Master Case 10-046 UDC 10-003 Page 11 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation f) Conflict with the provisions of an adopted Habitat [ ] [ ] [ ] [X] Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Affect a Significant Ecological Area (SEA) or Significant Natural Area (SNA) as identified on the [ ] City of Santa Clarita ESA Delineation. Map? h) Other [ ] V. CUL'T'URAL RESOURCES - Would the project: a) Cause a substantial adverse change in the [ ] significance of a historical resource as defined in '15064.5? , b) Cause a substantial adverse change in the [ ] significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy or impact a unique [ ] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred [ ] outside of formal cemeteries? e) Other [ ] V1. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial [ ] adverse effects, including the risk of loss, injury, or death involving:. [] [] [X] [] [] [] [] [] [X] [] [] [X] [] [] [X] [] [] [X] [] [] [] [] [] [X] Z8 Master Case 10-046 UDC 10-003 Page 12 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact " Impact with Impact Mitigation i) Rupture of a known earthquake fault, as [ ] [ ] [ ] IN delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [ ] [ ] [ ] IN iii) Seismic -related ground failure, including [ ] [ ] [ ] IN liquefaction? iv) Landslides? [ ] [.] [ ] IN b) Result in substantial wind or water soil erosion or the [ ] [ ] [ ] IN loss of topsoil, either on or off site? c) Be located on a geologic unit or soil that is unstable, [ ] [ ] [ ] IN or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- [ ] [ ] [] [X] 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the [ ] [ ] [ ] IN use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Change in topography or ground surface relief [ ] [ ] [ ] [X] features? g) Earth movement (cut and/or fill) of 10,000 cubic [ ] [ ] [ ] [X] yards or more? z Master Case 10-046 UDC 10-003 Page 13 of 29 h) Development and/or grading on a slope greater than 10% natural grade? i) The destruction, covering or modification of any unique geologic or physical feature? j) Other Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [] [X] VII. GREENHOUSE GAS EMISSIONS- Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on [ ] [ ] the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the [ ] [ ] emissions of greenhouse gasses? VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the [ ] [ ] environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the [ ] [ ] environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or [ ] [ ] acutely hazardous materials, substances, or waste within one-quarter mile of. an existing or proposed school? d) Be located on a site which is included on a list of [ ] [ ] hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? '30 Master Case 10-046 UDC 10-003 Page 14 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation e) For a project located within an airport land use plan. [ 1 or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, [ ] would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with [ ] an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of [ ] loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? i) Exposure of people to existing sources of potential [ ] health hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? j) Other IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [1 [1 [X1 [1 [1 [X1 [1 [1 [X] [1 [1 [X1 [1 [1 [X1 3I Master Case 10-046 UDC 10-003 Page 15 of 29 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? . h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [] [XJ [] [J [] [X] [] [J [] [X] [J [] [J [XJ [] [] [) [XJ [] [] [] [X] i) Expose people or structures to a significant risk of [ ] loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Changes in the rate of flow, currents, or the course and direction of surface water and/or groundwater? i) Other modification of a wash, channel creek or river? [] [] [J [X] [] [] [] [X] [] [J [] [X] jZ Master Case 10-046 UDC 10-003 Page 16 of 29 1) Impact Stormwater Management in any of the following ways: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation •[] [] I [X] i) Potential impact of project construction and [ ] [ ] [] [X] project post -construction activity on storm water runoff? ii) Potential discharges from areas for materials [] [ ] [] [X]. storage, vehicle or equipment fueling, vehicle or equipment maintenance (including waslung), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in [ ] [ ] [ ] [X] the flow velocity or volume of storm water runoff? iv) Significant and environmentally harmful [ ] [ ] [ ] [X] increases in ' erosion of the project site or surrounding areas? V) Storm water discharges that would significantly [ ] [ ] [ ] [X] impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.) vi Cause harm to the biological integrity of drainage [ ] [ ] [ ] IN systems, watersheds, and/or water bodies? vii) Does the proposed project include provisions [ ] [ ] [ ] [X] for the separation, recycling, and reuse of materials both during construction and after project occupancy? X. LAND USE AND PLANNING - Would the project: 33 Master Case 10-046 UDC 10-003 Page 17 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Disrupt or physically divide an established [ ] [ ] [ ] [X] community (including a low-income or minority community)? b) Conflict with any applicable land use plan, policy, or [ ] [ ] [ ] [X] regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation [ ] [ ] [ ] [X] plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the project? XI. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral [ ] [ ] [ ] [X] resource that would be of value to the region and the residents of the state? b) Result in the loss of availability. of a locally [ ] [ ] [ ] [X] important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources in a wasteful . and [ ] [ ] [ ] [X] inefficient manner? XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels [ ] [ ] [ ] [X] in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive [ ] [ ] [ ] [X] groundborne vibration or groundborne noise levels? 3 y Master Case 10-046 UDC 10-003 Page 18 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation c) A substantial permanent increase in ambient noise [ ] [ ] [ ] [X] levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in [ ] [ ] [ ] [X] ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan [ ] [ ] [ ] [X] or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, [ ] [ ] [ ] [X] would the project expose people residing or working in the project area to excessive noise levels? XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, [ ] [ ] [ ] [X] either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b). Displace substantial numbers of existing housing, [ ] [ ] [ ] [X] necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating [ ] [ ] [ ] IN the construction of replacement housing elsewhere? XIV. PUBLIC SERVICES - Would the project result in: Master Case 10-046 UDC 10-003 Page 19 of 29 a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? XV. RECREATION - Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [] [X] [] [] [] [X] [] [] [] [X] [] [] [] IN a) Increase the use of existing neighborhood and [ ] regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the [ ] construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Conflict with an applicable plan, ordinance or policy [ ] establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? [X] [X] 36 Master Case 10-046 UDC 10-003 Page 20 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation. b) Conflict with an applicable congestion management [ ] [ ] [ ] [X] program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including [ ] [ .] [ ] [X] either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature [ ] [ ] [ ] [X] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] [ ] [ ] [X] f) Conflict with adopted policies, plans, or programs [ ] [ ] [ ] IN regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? g) Hazards or barriers for pedestrians or bicyclists? [ ] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or [ ] wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm [ ] water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [] [] [X] [] [] [X] [X] [X] 37 Master Case 10-046 UDC 10-003 Page 21 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation d) Have sufficient water supplies available to serve the [ ] project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater [ ] treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted [ J capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and -local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? [X] IN [X] [XJ W; Master Case 10-046 UDC 10-003 Page 22 of 29 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation c) Does the project have environmental effects which [ ] [ ] [ ] [X] will cause substantial adverse effects on human beings, either directly or indirectly? XVIL DEPARTMENT OF FISH AND GAME `DE MINIMUS' FINDING a) Will the project have an adverse effect either. [ ] [ ] [ ] [X] individually or cumulatively, on fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for it's continued viability." 31 Master Case 10-046 UDC 10-003 Page 23 of 29 D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections Evaluation of Impacts I. AESTHETICS a. -d.) No Impact: The City of Santa Clarita is located within Southern California's Santa Clarita Valley, which is bounded by the San Gabriel Mountains to the south and east, the Santa Susana Mountains to the southwest, and the mountains of the Los Padres and Angeles National Forests to the north. The surrounding natural mountains and ridgelines, some of which extend into the City, provide a visual backdrop for much of the City. Other scenic resources within or visible from the City include the Santa Clara River corridor, forested/vegetated land, and a variety of canyons and natural drainages in portions of the City. The proposed amendments to the City's Municipal Code (MC) modify the regulations for temporary, non-commercial signs and further address the penalties for violating the proposed amendments. These amendments will regulate the installation of temporary signs in the City, maintaining the aesthetics of the community by eliminating the proliferation of signs throughout the City. Therefore, no impact to aesthetics is anticipated with these amendments. II. AGRICULTURE a. -e.) No Impact — The proposed amendments to the MC are RESOURCES regulatory in nature addressing the regulation of temporary, non- commercial signs and will not affect any farmland identified by the California Resources Agency, farmland designated under a Williamson Act Contract, and will not convert any farmland to non- agricultural use. Further, the amendments will not impact any forest lands, or any timberland zoned Timberland Production by the Government Code Section 51104(g). Therefore, the amendments are anticipated to have no impact on agricultural, farmland, or forest resources. III. AIR QUALITY a. -e.) No Impact: The City of Santa Clarita is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). 10 Master Case 10-046 UDC 10-003 Page 24 of 29 The SCAB has a history of recorded air quality violations -and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards' (CAAQS), the California Clean Air Act requires triennial preparation of an Air Quality Management Plan (AQMP). The AQMP analyzes air quality on a regional level and identifies region -wide attenuation methods to achieve the air quality standards. These region -wide attenuation methods include regulations for stationary -source polluters; facilitation of new transportation technologies, such as low -emission vehicles; and capital improvements, such as park-and-ride facilities and public transit improvements. . The most recently adopted plan is the 2007 AQMP, adopted on June 1, 2007. This plan is the South Coast Air Basin's portion of the State Implementation Plan (SIP). This plan is designed to implement the California Clean Air Act an in turn implement the Federal Clean Air Act administered by the EPA. The AQMP accommodates population growth and transportation projections based on the predictions made by the Southern California Association of Governments (SCAG). Thus, projects that are consistent with employment and population forecasts are consistent with the AQMD: The proposed amendments to the MC will not alter any of the aforementioned measures directly in that the proposed amendments will address temporary, non-commercial signs within the City and do not address the construction of permanent structures that would have the potential to impact air quality. Further, the proposed amendments will not impact the City's current efforts to prepare and implement a Climate Action Plan. Therefore, no impact is anticipated to air quality as a result of the proposed amendments to the MC. IV. BIOLOGICAL a. -g.) No Impact — The proposed amendments to the MC, in and of RESOURCES themselves do not include the modification of any habitat and would not otherwise affect any candidate, sensitive or special status species identified by the Department of Fish and Game or the U.S. Fish and Wildlife Service. Further, the proposed MC amendments will not have any adverse affect on any riparian habitat, wetlands as defined by Section 404 of the Clean Water Act, or other biological resources. The proposed MC amendments address the establishment of provisions for temporary, non-commercial signs in the City. Therefore, the proposed MC amendments are anticipated to have no impact to biological resources. Master Case 10-046 UDC 10-003 Page 25 of 29 �j Z V. CULTURAL a. -d.) No Impact — The proposed amendments to the MC will not RESOURCES have any impact on cultural resources in the City of Santa Clarita. The proposed amendments will not alter any unique geological feature, paleontological resource, any human remains or affect any historical or archeological resource. The proposed amendments will establish provisions for the installation of temporary, non- commercial signs within the City. Therefore, no impact to archeological, historical or cultural resource would be caused by the proposed MC amendment. VI. GEOLOGY AND a. -i.) No Impact — Southern California has numerous active and SOILS potentially active faults that could affect the City. As stated in the City's General Plan, the City is susceptible to geologic hazards in the event of a major earthquake (magnitude 8:3) along the San Andreas Fault. This could result in ground failure and liquefaction. However, the proposed amendments to the MC would not change the requirements of future development to follow all state and City building codes/regulations. The proposed amendments address establishment of provisions for the installation of temporary, non- commercial signs in the City. Therefore, the proposed MC amendments would have no impact related to geology and soils. VII. GREENHOUSE a. -b.) No Impact - "Greenhouse gases" (so called because of their GAS EMISSIONS role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." These greenhouse gases contribute to an increase in the temperature of the earth's atmosphere. The principal greenhouse gases (GHGs) include carbon dioxide (CO2), methane, and nitrous oxide. Collectively GHGs are measured as carbon dioxide equivalent (CO2e). Fossil fuel consumption in the transportation sector (on -road motor vehicles, o££ -highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one- fourth of total emissions. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include Assembly Bill (AB) 32, �j Z Master Case 10-046 UDC 10-003 Page 26 of 29 Senate Bill (SB) 1368, Executive Order (EO) S-03-05, EO S-20-06 and EO S-01-07. AB 32, the California Global Warming Solutions Act of 2006, is one of the most significant pieces of environmental legislation that California has adopted. Among other things, it is designed to maintain California's reputation as a "national and international leader on energy conservation and environmental stewardship." Most notably AB 32 mandates that by 2020, California's GHG emissions be reduced to 1990 levels. The proposed amendments to the MC address the establishment of provisions for the installation of temporary, non-commercial signs within the City. The proposed amendments will not allow for the construction of any structures or land uses that will have the potential to impact the emission of GHG in the City. Further, the proposed amendments will not impact the City's preparation or implementation of a Climate Action Plan in the City. Therefore, the proposed amendments are anticipated to have no impact related'to greenhouse gas emissions. VIII. HAZARDS AND a. -f.) No Impact — The proposed amendments to the MC would not HAZARDOUS directly expose people to health hazards or hazardous materials and MATERIALS would not interfere with any emergency response plans. The proposed amendments address the establishment of provisions that regulate the installation of temporary, non-commercial signs in the City. Therefore, no impact is anticipated to hazards or hazardous materials as a result of the proposed amendments. IX. HYDROLOGY a:-1.) No Impact — The proposed project would not impact water AND WATER quality standards, nor affect groundwater supplies. The proposed QUALITY project is an amendment to the MC to establish provisions for the installation of temporary, non-commercial signs in the City. The amendments will not result in direct impacts on hydrology and water quality. Further, the proposed amendments are not anticipated to impact any 100 -year flood hazard area, tsunami, drainage pattern, or runoff of Stonnwater Management systems. Therefore, the proposed amendments are anticipated to have no impact to hydrology and water quality. X. LAND USE AND a. -c. No Impact: Thepurpose of these amendments is to providel Master Case 10-046 UDC 10-003 Page 27 of 29 PLANNING provisions for the establishment of temporary, non-commercial signs in the City. The proposed amendments will not establish provisions to allow for, or discourage, development within the City and will therefore not impact land use or planning. Therefore, the amendments would have no impact on land use or planning. XI. MINERAL AND a. -c.) No Ianpact — Gold mining and oil production historically have ENERGY been the principal mineral extraction activities in and around the RESOURCES Santa Clarita Valley. Other minerals found in the planning area include construction aggregate, titanium, and tuff. Mineral resources and extraction areas are shown in Exhibit OS -5 of the City's General Plan. The proposed MC amendment is not expected to affect mineral resources in the city. Therefore, no impact related to mineral and energy resources are anticipated with the proposed amendment. XII. NOISE a. -f.) No Impact — The proposed amendment to the UDC will not expose persons to the generation of a significant increase in noise levels, groundbome vibration, or increase ambient noise, including the location of persons in proximity to any airport, airfield, or heliport. The proposed amendments will establish provisions for the installation `of temporary, non-commercial signs in the City. Therefore, no impact is anticipated to noise as a result of the proposed amendment. XIII. POPULATION a. -c.) No Impact — The proposed amendments to the MC are not AND HOUSING anticipated to induce substantial population growth in the Santa Clarita Valley, either directly or indirectly, nor would any of the proposed provisions cause displacement of existing homes or people. The proposed amendment would establish provisions for the installation of temporary, non-commercial signs in the City. The proposed project is a regulatory adjustment and does not include any development activity at this time. The proposed MC amendments would not alter the City's population projections consistent with the City's General Plan. Therefore, the project would have no impact to population or housing. XIV. PUBLIC a)i.-iv. No Impact — The proposed amendments will not directly SERVICES increase the need for public services. The proposed amendments would establish provisions for the installation of temporary, non- commercial in the City. .� H Master Case 10-046 UDC 10-003 Page 28 of 29 Therefore, no impact to public services is anticipated as a result of the proposed amendments. XIV. RECREATION a. -b.) No Impact — The proposed amendments to the MC will not have any impact on recreational amenities within the City of Santa Clarifa. The proposed amendments include the establishment of provisions for the installation of temporary, non-commercial signs in the City. The proposal regulatory adjustment and does not include any development activities at this time that would impact any recreational facilities or programs. Therefore; no impact to recreation is anticipated with the proposed amendments to the MC. XV. a. -g.) No Impacfi — The proposed amendments to the MC are TRANSPORTATION / regulatory in nature and are not anticipated to impact traffic load or TRAFFIC capacity on the City's street systems. The proposed amendments are regulatory in nature, establishing provisions for the. installation of temporary, non-commercial signs in the City. Therefore, no impact to traffic is anticipated as a result of the proposed MC amendments. XVI. UTILITIES AND a. -g.) No Impact — The proposed amendments to the City's MC do SERVICE SYSTEMS not include any new development at this time. Therefore, the project would not result in the construction of new water facilities, expansion of existing facilities, affect drainage patterns, water treatment services, and furthermore, no impacts to landfill capacity would occur. The proposed amendments establish provisions for the installation of temporary, non-commercial signs within the City and will not create any new demand for any utilities or utility systems. Therefore, no impact to utilities or service systems is anticipated as a result of the approval of the proposed amendments. XVII. MANDATORY a. -c.) No Impact — The proposed amendments to the MC will not FINDINGS OF impact the environment and would not lead to a substantial reduction SIGNIFICANCE in habitat of a fish or wildlife species, or reduce or restrict the number of rare, threatened or endangered species. The proposed amendments do not remove any established City regulations that protect any plant and animal species. The proposal would„ not contribute to. any cumulative impacts and would not cause environmental effects that would adversely affect humans. Rather, the proposed MC amendments are intended to establish provisions Master Case 10-046 UDC 10-003 Page 29 of 29 S:\CD\CURRENI\!2010\MC AmendmentsM Signs Initial Study 10-10.doc 96 for the installation of temporary, non-commercial signs in the City. XVIII. DEPARTMENT a.) No Impact — The legislative intent of the Department of Fish and OF FISH AND GAME Game `De Minimus' Finding is "to extend the current user -based `DE MINIMUS' funding system by allocating the transactional costs of wildlife FINDING protection and management to those who would consume those resources through urbanization and development..." (AB 3158, Chapter 1706, Statutes of 1990, effective January 1, 1991, Section 1(c)). However, the proposed MC amendments would not entitle any new development; and any future development proposal seeking discretionary approval would remain subject to CEQA and the CDFG Code. Since, the proposed amendments are not anticipated to have a significant adverse effect either individually or cumulatively, on fish and wildlife resources, the project's impacts on fish and wildlife are de minimus. S:\CD\CURRENI\!2010\MC AmendmentsM Signs Initial Study 10-10.doc 96 NOTICE OF CONTINUED PUBLIC HEARING CITY OF SANTA CLARITA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular meeting held January 25, 2011, continued a public hearing on ITEM 14 PUBLIC HEARING AMENDMENTS TO TITLE 11 AND TITLE 17 OF THE MUNICIPAL CODE REGULATING THE USE OF TEMPORARY, NON-COMMERCIAL SIGNS IN THE CITY OF SANTA CLARITA to February 8, 2011. The continued public hearing will be held at or after 6:00 p.m. in the Council Chamber at 23920 Valencia Blvd., Santa Clarita, California. Dated this 26th day of January, 2011. KEVIN /TONOIAT, ACTING CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA ) KEVIN TONOIAN, being first duly sworn, deposes and says that he is the duly appointed and qualified City Clerk of the City of Santa Clarita and that on January 26, 2011, he caused the above notice to be posted at the door of the Council Chamber located at 23920 Valencia Blvd., Santa Clarita, California. KEVIN PNUIAN, ACTING CITY CLERK Santa Clhrita, talifornia SACIMPublic Hearings\Continued PH MC 10.046.012511.doc