HomeMy WebLinkAbout2011-02-22 - ORDINANCES - MC 10 046 NEGDEC SIGNS (2)ORDINANCE NO. 11-5
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:
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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.
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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
wiih 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.
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PASSED, APPROVED, AND ADOPTED this 22 day of February 2011.
DATE 3/q /aol l l
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MAYOR
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 11-5 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: Kellar, Ender, Ferry, Weste, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 11-5 and
was published in The Signal newspaper in accordance with
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
1, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Ordinance 11-5, adopted by the City
Council of the City of Santa Clarita, CA on February 22, 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
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By
Deputy City Clerk
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