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HomeMy WebLinkAbout2014-03-25 - ORDINANCES - ZONE AMEND 13-005/13-007 (2)' ORDINANCE NO. 14-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING ZONE AMENDMENT 13-005 AND ZONE CHANGE 13-007, AMENDING TITLES 11 AND 17 OF THE MUNICIPAL CODE AND THE ZONING MAP OF THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: A. The City has a history of actively addressing visual blight through Community Preservation activities, including graffiti abatement and implementation of a Sign Compliance Amortization Program, which concluded in 2010 after facilitating the voluntary removal of hundreds of non-compliant business signs. ' B. Sixty-two (62) off-site advertising structures (118 billboard faces) currently exist within the Los Angeles County Metropolitan Transportation Authority (METRO) right-of-way (ROW) within the City of Santa Clarita, constituting a significant visual blight for the residents of the City. METRO has proposed to remove or cause the removal of all 62 of the existing structures within their ROW. In consideration of the removal of the existing METRO billboards, the City and METRO have identified three City -owned sites adjacent to the Interstate 5 (1-5) and State Route 14 (SR -14) freeways as suitable for the develop- ment of three digital billboards, and the City has proposed to lease the sites to METRO subject to the terms and conditions of a Development Agreement for the Reduction and Relocation of Billboards and associated site Lease Agreement. C. On November 15, 2013, an entitlement application was filed by METRO which consists of Master Case 13-184, Zone Amendment 13-005, General Plan Amendment 13-003, Zone Change 13-007, and Development Agreement 13-002. D. As a component of this project, the City is adopting a Zone Amendment to the text of Titles 11 and 17 of the Municipal Code, which would create a Billboard Relocation Overlay Zone, and authorize the City Council to enter into Billboard Reduction and Relocation Agreement under which new billboards, including digital billboards, may be constructed in new locations in exchange for the permanent removal of existing billboards. ' E. The proposed Development Agreement and associated Lease Agreement provide for: (1) the staged removal of all 62 existing METRO outdoor advertising structures; (2) the development of three digital billboards on City -owned sites; (3) the management and operation of the digital billboards; and (4) the allocation of revenue derived from the digital billboards. (Collectively, the "Project") F. The Planning Commission held a duly -noticed public hearing on January 7, 2014, in accordance with the City's noticing requirements. The Project was advertised in The Signal newspaper on December 17, 2013, and notices were mailed to all property owners within a 1,000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1,700 feet from the proposed Norland Road development site where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. G. On January 7, 2014, the Planning Commission received City staff's presentation summarizing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the Planning Commission regarding the Project. The Commission reviewed three alternative ' Billboard Design Options (attached) and voted 3-1 to adopt a resolution recommending that the City Council amend its General Plan Land Use Map and Unified Development Code (UDC) Zoning Map, amend Titles 11 and 17 of the Municipal Code, approve the Development Agreement, and approve the Lease Agreement. The Planning Commission further recommended that the billboard design be consistent with Option 1, modified to utilize more neutral colors that will blend into the background to the extent feasible, that the minimum spacing between digital billboards be increased from 1,000 feet to 2,500 feet, that the minimum spacing between static billboards be increased from 500 feet to 1,000 feet, and that the applicant continue to work with the billboard companies on the matter of compensation and to work with small business owners to provide alternative advertising opportunities. Following the discussion and comments, the public hearing was closed. H. The City Council a held duly -noticed public hearing on February 25, 2014, in accordance with the City's noticing requirements. The project was advertised in The Signal news- paper on February 4, 2014, and notices were mailed to all property owners within 1000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1700 feet from the proposed Norland Road development ' site where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. Additionally, Notice of Public Hearing signs were posted at 2 ' each of the three proposed development sites in accordance with the City's public notice requirements. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. I. At the City Council meeting on February 25, 2014, the City Council received City staffs presentation summarizing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the City Council regarding the Project. Following the discussion and comments, the public hearing was closed. J. At the City Council meeting on February 25, 2014, the City Council adopted a resolution certifying the Mitigated Negative Declaration prepared for the Project (MC 13-184), and approved General Plan Amendment 13-003. K. The City Council conducted a first reading on February 25, 2014, of an ordinance approving Zone Amendment 13-005 and Zone Change 13-007, Amending Titles 11 and 17 of the Municipal Code and the Zoning Map, and passed the ordinance to a second reading on March 11, 2014, directing a number of modifications which have been incorporated into the ordinances. Subsequent to the February 25, 2014 Council meeting, METRO staff had indicated that they were not comfortable recommending for METRO Board adoption of the agreements with the included traffic accident indemnity. Based upon this information, the agenda packet for the March 11, 2014 meeting which was distributed to Council included a staff recommendation to deny the project. On March 11, 2014 staff received written correspondence from Metro staff stating they would accept all of the City Council's requested modifications and would move the item to the Metro Board for its consideration upon City approval of the second reading. M. At the March 11, 2014 City Council meeting, the City Council voted 3-1 to direct that the ordinances be brought back for second reading at the next City Council meeting (March 25, 2014). N. The documents and other materials that constitute the record of proceedings upon which the decision of the City Council is based is the Master Case No. 13-184 project file. This record is located in the Community Development Department; specifically in the custody of the Director of Community Development. SECTION 2. GENERAL FINDINGS FOR ZONE AMENDMENT 13-005 AND ZONE ' CHANGE 13-007. Based on the above findings of fact and recitals and the entire record, including, without limitation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the City Council, and upon studies and investigations made by the City Council, the City Council finds as follows: ' A. The proposal is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. The proposed Project is consistent with the following relevant General Plan policies: General Plan Policy LU 4.1.4: Promote economic opportunity for all segments of the community including small businesses and new businesses. The three proposed freeway -oriented digital billboard structures (six billboard faces) will provide advertising opportunities to a wide spectrum of both large and small businesses due to multiple "flips" within each time slot, as well as potential for differential adver- tising rates during different hours throughout the day and different days of the week. The freeway -oriented locations will provide advertising exposure to a larger number of potential customers than the current METRO right-of-way locations due to substantially greater traffic volumes on both the I-5 and SR -14 freeways. General Plan Policy LU 6.3.5: Restrict the establishment of billboards within the planning area. General Plan Policy CO 6.6.3: Restrict establishment of billboards throughout the planning area, and continue abatement efforts to remove existing ' billboards that impact scenic views. The proposed Project is consistent with these policies because it will result in the overall net reduction of 59 billboards, and the elimination of significant visual blight within the railroad corridor along Soledad Canyon Road, Bouquet Canyon Road, Sierra Highway, Railroad Avenue, and Newhall Avenue. The Zone Amendment, which is a component of this Project, restricts the establishment of billboards because the only new billboards permitted would be those permitted pursuant to City Council approval of a Billboard Reduction and Relocation Agreement, which would require a reduction in the number of existing billboards within the City. General Plan Policy CO 6.6.4: Where appropriate, require new development to be sensitive to scenic viewpoints or viewsheds through building design, site layout, and building heights. Each of the three proposed billboard sites have been carefully selected to maximize freeway visibility while minimizing potential for visual intrusion on existing residential neighborhoods as evidenced by the visual analysis prepared for each of the three sites, which is included in the environmental document. With regard to land use, the Magic Mountain Parkway and Remsen Street sites currently , hold a land use designation of Business Park (BP). The Project includes an amendment 0 to the City's General Plan for the Norland Road site, which will also designate this site as Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park General Plan land use category, and therefore the Project would be consistent with the General Plan as amended. Economic Development Element Page E-26: The Santa Clarita Valley is home to a variety of cultural and sports -related events, attracting large audiences from key regional and national markets. The goal of these events is to expose visitors to a memorable experience they cannot find elsewhere, while encouraging visitor spending at local businesses. The Development Agreement and Lease Agreement include provisions that allocate advertising time to the City, at no cost, on all six digital billboard faces for the purpose of promoting civic and community events. This extensive promotional opportunity will help to fiuther the economic development goal as noted above. B. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of the Unified Development Code. ' The Project contains a Zone Amendment which would amend the text of the Unified Development Code to include provisions which would authorize the City Council to enter into Billboard Reduction and Relocation Agreements under which new billboards, including digital billboards, may be constructed within a designated Billboard Relocation Overlay Zone along the I-5 and SR -14 freeways in exchange for the permanent removal and overall reduction in the number of existing billboards within the City. With regard to zoning, the Magic Mountain Parkway and Remsen Street sites are currently zoned Business Park. The project includes a zone change for the Norland Road site which rezones this site from Open Space to Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park zone, and therefore comply with both the site zoning and the provisions of the Zoning Ordinance as amended. C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. The proposed digital billboards will comply with all relevant Federal Highway ' Administration (FHWA) and California Department of Transportation (CALTRANS) traffic safety standards. Nothing in the development of the three billboard sites will be detrimental to the improvements, persons or property in the vicinity. The billboard removals will positively affect the improvements and property in the vicinity of the 62 billboard structure removals (118 billboard faces) by removing a significant visual blight from the railroad corridor along Soledad Canyon Road, Bouquet Canyon Road, Newhall Avenue, Sierra Highway, and Railroad Avenue. D. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: The design, location, shape, size, and operating characteristics are suitable for the proposed use; The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. The three proposed billboard sites are three small leasehold areas within larger City- -owned properties. The proposed billboards are physically suitable for the selected sites because they are located immediately adjacent to the I-5 or SR -14 freeways, and have been located to minimize visual intrusion on residential neighborhoods. Each of the three sites has existing electrical service nearby. The three billboards will generate negligible traffic during construction and periodic maintenance, and have positive impact on public safety as the City is guaranteed usage of the three digital billboards for emergency messaging. Therefore, there is no impact to traffic, public protection services and the provision of utilities. SECTION 3. ADDITIONAL FINDINGS FOR ZONE AMENDMENT 13-005. Based on the foregoing facts and findings for Zone Amendment 13-005, the City Council hereby find as follows: A. The amendment is consistent with the adjacent area. B. The amendment is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. C. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare, and in conformity with good zoning practices. ' D. The amendment is consistent with other applicable provisions of this code. IE. The amendment is necessary to implement the General Plan, and/or that the public convenience, the general welfare, or good zoning practices justify such action. The proposed Zone Amendment to the text of the Unified Development Code (UDC) would allow for construction of new billboards only subject to City Council approval of a Billboard Reduction and Relocation Agreement. Per the provisions of the Zone Amendment, new billboards could only be located within the Billboard Relocation Overlay Zone (i.e., within commercial, industrial and Business Park areas along I-5 and SR 14), and could not substantially impact adjacent properties; therefore any new billboards would be consistent with the adjacent area. The proposed Zone Amendment to the text of the UDC would also be consistent with and will implement General Plan principles and policies as discussed in Section 3(a) above. Finally, the proposed digital billboards will comply with all relevant Federal Highway Administration (FHWA) and California Department of Transportation (CALTRANS) standards for traffic safety. Additionally, the Lease Agreement guarantees City use of the signs for public safety and emergency purposes, and to promote civic and community events, thereby further promoting convenience, safety and general welfare. SECTION 4. ADDITIONAL FINDINGS FOR ZONE CHANGE 13-007. Based on the ' foregoing facts and findings for Zone Change 13-007, the City Council hereby find as follows: A. That modified conditions warrant a revision in the Zoning Map as it pertains to the area under consideration. Establishment of the Billboard Relocation Overlay Zone is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone Amendment). In addition, the Zone Change will be modifying the Zoning Map for the 3488 sq. ft. Norland Road leasehold area site from the current Open Space designation to Business Park. The Business Park zone will allow the leasehold area to conform to State Outdoor Advertising Act criteria for locating billboards in the vicinity of a state highway. The Business Park zone is compatible with the adjacent freeway and is consistent with the Business Park zoning of the self -storage facility to the west of the Norland Road billboard site. B. That a need for the proposed zone classification exists within such area. Establishment of the Billboard Relocation Overlay Zone for the commercial and industrial areas along the I-5 and SR -14 freeways is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment ' (Zone Amendment). In addition, the Project will be modifying the General Plan and Zoning Maps for the Norland Road leasehold to reflect a zoning that is appropriate for a digital billboard site adjacent to the freeway. Commercial or industrial zoning is a 7 requirement for locating billboards in the vicinity of a state highway, per the State I Outdoor Advertising Act. C. That the particular property under consideration is a proper location for said zone classification within such area: 1) That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practices. The Project will be modifying the General Plan and Zoning Maps to allow for billboard placement on the Norland Road leasehold site. Commercial or industrial zoning is a requirement for locating billboards in the vicinity of a state highway, per the State Outdoor Advertising Act. 2) That the proposed zone change is consistent with the adopted General Plan for the area, unless a General Plan amendment is filed concurrently and approved with said zone change. Depiction of the Billboard Relocation Overlay Zone for the commercial and industrial areas along the I-5 and SR -14 freeways is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone ' Amendment). The Project contains an amendment to the City's General Plan, and therefore the zone change to Business Park is consistent with the General Plan as amended. SECTION 5. The City Council approves Zone Amendment 13-005, the request to amend the text of Title 11 and Title 17 of the Municipal Code to establish an entitlement process and required development standards for Billboard Reduction and Relocation Agreements and establish a five year amortization period for all billboards erected prior to City adoption of its first revised sign ordinance (11-13-90). The complete text of the Zone Amendment is attached as Exhibit A. SECTION 6. The City Council approves Zone Change 13-007, the request to change the Zoning Map to re -designate the 3,488 square -foot leasehold area known as the Norland Road site shown on the Zone Change Map (Exhibit B), and to establish the Billboard Relocation Overlay Zone as shown on Billboard Relocation Overlay Map (Exhibit Q. SECTION 7. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any persons or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The ' City Council hereby declares that it would have adopted this ordinance, and each and every ' section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. This Ordinance will become effective thirty (30) days from its passage and adoption. SECTION 9. The City Clerk is directed to certify to the passage of this Ordinance and cause it to be published as required by law. PASSED, APPROVED, AND ADOPTED this 25th day of March, 2014. MAYOR ATTEST: DATE: �4 LlLz STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armin6 Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 14-01 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of February, 2014. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 25th day of March, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RECUSED: COUNCILMEMEBERS: Ferry, McLean, Kellar Boydston None Weste AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 14-01 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 10 ' Ordinance for Zone Amendment / Zone Change - Exhibit A Zone Amendment 13-005 Amendments to Titles 11 and 17 of the Municipal Code 11.12.030 Signs or Billboards on Public Highways Prohibited. No person shall erect. construct. place or maintain any sign, including a billboard, in, over or on any public highway or other public right -of -Nay of the City except where approved pursuant to Sections 17.26.100 (Billboard Reduction and Relocation Agreement) and 17.28.100 (Development Agreements), or as otherwise approved by the City. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13. Formerly 11.12.040) 17.05.050 Elimination of Legal Nonconforming Uses and Structures. A. Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Code Title ' 22) shall be screened in compliance with the provisions of this code within one (1) year of the effective date of this code. B. With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made legal nonconforming by this code shall be allowed to continue and/or remain. Legal nonconforming signage shall be eliminated as follows: Signs as prohibited by Section 17.51.080(U) (Sign Regulations (Private Property)), thirty (30) days. 2. In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in residential zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows: Fair Market Value on Date of Notice of Removal Requirement years Allowed to Remain Under $1,999 2 $2,000 to $3,999 3 $4,000 to $5,999 4 $6,000 to $7,999 5 $8,000 to $9,999 6 $10,000 and over 7 The amounts provided in this section shall be adjusted each January Ist from and after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. 3. In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in non-residential zones lawfully erected prior to November 13, 1990, except where approved pursuant to Sections 17.26. 100 (Billboard Reduction and Relocation Agreement) or 17.28. 100 (Development Agreements), such signs and structures shall be discontinued and removed within five (5) years of the effective date of this subsection (which is 04-24-2014) pursuant to and as allowed by California Business and Professions Code Section 5412. 4. All other signs and sign structures, nine (9) years from November 13, 1990. (Ord. 13-8 § 4 (Exh. A), 6/11/13) 1 Chapter 17.26 CLASS V APPLICATIONS—DISCRETIONARY Sections: 17.26.010 Purpose. 17.26.020 Applicability. 17.26.030 Review Authority and Related Procedures. 17.26.040 Application Filing, Fees, and Project Review. 17.26.050 Project Notice and Required Actions. 17.26.060 Public Hearing. 1716.070 Post -Decision Procedures. 17.26.100 Billboard Reduction and Relocation Agreement. 17.26.110 General Plan Amendments. 17.26.120 Master Plans. 17.26.130 Ridgeline Alteration Permit. 17.26.100 Billboard Reduction and Relocation Agreement. Subsections: A. Purpose. B. Application Filing, Fees and Project Review. C. Project Notice and Required Actions. D. Commission and Council Actions. E. Findings. F. Procedure and Review. A. Purpose. This section establishes procedures for the discretionary consideration of the removal and relocation of pre-existing, legally established billboards to new and different locations, and to enable the substitution of billboards meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city in accordance with the state policy set forth in and local discretion authorized by Business and Professions Code section 5412. B. Application Filing. Fees and Project Review. Applications for a billboard reduction and relocation agreement shall be in compliance with Chapter 17.26 (Class V Applications — Discretionary). C. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). D. Commission and Council Actions. Commission Recommendation. A recommendation by the Commission relative to ' a billboard reduction and relocation agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of an agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council per Chapter 17.07 (Appeals or Certification of Review). 2. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type 11 Public Noticing (Public Hearing)): 4. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a billboard reduction and relocation agreement, provided that any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 5. Public Hearing by Council—Notice of Action Taken. The Council shall serve a ' notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). E. Findings. The review authority may approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: The proposed billboard reduction and relocation agreement complies with City zoning, subdivision, and other applicable ordinances and regulations; 2. The relocated signage complies with the applicable requirements of this section, Section 17.38.005 (BR — Billboard Relocation Overlay Zone), and Section 17.51.080 (Sign Regulations (Private Property)); and 3. The agreement results in: a. A net reduction in the total number of legally established billboards in the city, and for any agreements originally approved after June 1, 2014 (and excluding any agreement originally approved prior to such date including any amendments to such agreements) at a ratio of at least 24:1; and ' b. A net reduction in the total square footage of sign area of legally established billboards in the city. F. Procedure and Review. ]. Expiration. A billboard reduction and relocation agreement shall expire on the date designated by the Council in the agreement. 2. Renewal. An approved billboard reduction and relocation agreement may be renewed for a period approved by the City Council, with notice and public hearing, if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the agreement. Application for renewal shall be made in writing at least 180 days prior to lapse of the original approval. 3. Amendments. A billboard reduction and relocation agreement may be amended in the same manner as provided for adoption of a billboard reduction and relocation agreement by this section, or as otherwise provided in the agreement. 4. Review. All approved billboard reduction and relocation agreements may be ' periodically reviewed by the Council, for compliance with the features of the plan and conditions of approval, at time intervals as directed by the Council. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type II Public Noticing (Public Hearing)). The owner shall be notified in writing of the reviewing body's determination. If the Council finds noncompliance with the plan or the conditions of approval, it may direct the withholding of building and other permits for any billboards covered by the agreement until compliance is achieved and/or schedule a public hearing before the Council for revocation of the billboard reduction and relocation agreement. Such hearing shall be noticed as required with Section 17.06.110 (Type II Public Noticing (Public Hearing)). 17.28.100 Development Agreements. ' Subsections: A. Purpose and Interpreting Provisions. B. Application Filing, Fees, and Project Review. C. Content of Development Agreement. D. Commission and Council Actions. E. Findings. F. Execution and Recordation. G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. H. Enforcement. I. Amendment and Cancellation of Development Agreements. J. Periodic Review. K. Violation of Agreement—Commission Review. L. Violation of Agreement—Council Review. A. Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements, implementing, amending, and enforcing development agreements. Intent of Agreement. , a. A development agreement is a contract between the City and an applicant for a development project, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division I (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved project may proceed, subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after project approval as included within this section. In return, the City would be provided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions of approval that would otherwise apply. b. A development agreement may also be utilized to establish procedures for the discretionary consideration of the removal and relocation of pre-existing, legally established billboards to new and different locations, and the substitution of billboards meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city in accordance with the state policy set forth in and local discretion authorized by Business and Professions Code section 5412. ' 2. Interpreting Provisions. a. In interpreting the provisions of any development agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section, and Chapter 4, Article 2.5, in Title 7, Division I of the State Government Code, and the agreement itself. b. Should any apparent discrepancies between the meanings of these documents arise, reference shall be made to the following documents, and in the following order: i. The plain terms of the development agreement itself; ii. The provisions of this section; and iii. The provisions of Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code. B. Application Filing, Fees, and Project Review. Applications for a development agreement shall be in compliance with this chapter. C. Content of Development Agreement. I1. Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including: a. The duration of the agreement, including a specified termination date; b. The uses to be permitted on the property; c. The density or intensity of use permitted; d. The minimum and/or maximum height, size and location of buildings and/or structures permitted; e. The reservation or dedication of land for public purposes to be accomplished, if any; and f. The time schedule established for periodic review as required by subsection (J) of this section (Periodic Review). Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development. 2. Permissive Contents. A development agreement may contain the applicable provisions I in compliance with State Government Code including: a. The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods; b. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood -control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities; c. The prohibition of one (1) or more uses normally listed as a use subject to application in the underlying zone where placed; d. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur; e. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement; The requirements of specified design criteria for the exteriors of buildings and other ' structures, including, but limited to, the permitted uses of the property, the density and/or intensity of the use, the maximum height and size of proposed structures, signs, any land dedications, and reservations; g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress; h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. D. Commission and Council Actions. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a ' development agreement shall be by resolution carried by the affirmative vote to the ' Council. If the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and ' Findings). E. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: 1. The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations; 2. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit; 3. Any development agreement that contains a subdivision shall comply with the provisions of Government Code Section 66473.7; 4. The following additional findings are required for a development agreement for the reduction and relocation of billboards: a. The relocated signage complies with the applicable requirements of this section, Section 17.38.005 (BR — Billboard Relocation Overlay Zone), and Sectionl7.51.080 (Sign Regulations (Private Property)); Ib. The agreement results in: A net reduction in the total number of legally established billboards in the city and for any agreements originally approved after June 1, 2014 (and excluding any agreement originally approved prior to such date including any amendments to such agreement) at a ratio of at least 24:1; and A net reduction in the total square footage of sign area of legally established billboards in the city. F. Execution and Recordation. Adopted by Ordinance. a. Approval by the Council of a development agreement shall be by ordinance. b. The ordinance shall not be adopted and the Mayor or Mayor's designee shall not execute a development agreement until it has been executed by the applicant. c. If the applicant has not executed the agreement, or the agreement as modified by the Council, and returned the executed agreement to the City Clerk within thirty (30) days following Council approval, the approval shall be deemed withdrawn, and the I Mayor or designee shall not execute the agreement. The thirty (30) day time period may be extended upon approval of the Council. 2. Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after, the date upon which the ordinance approving the agreement becomes effective. 3. Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than ten (10) days after it is executed in compliance with Section 65868.5 of the State Government Code. 4. Development agreements approved by the Council shall be on file with the City Clerk. G. Subsequently Enacted City, Special District, County, State, and Federal Lams or Regulations. In the event that special district, County, State, or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one (1) or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance. H. Enforcement. Responsibility for Enforcement. Unless and until amended or canceled in whole or in part in compliance with subsection (1) of this section (Amendment and Cancellation of Development Agreements), a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in subsection (G) of this section (Subsequently Enacted Special District, County, State and Federal Laws or Regulations). 2. Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement. I. Amendment and Cancellation of Development Agreements. Proposed Amendment or Cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest. I2. Initiation of Amendment or Cancellation. Either party to the agreement may propose and initiate an amendment to or cancellation of a development agreement. 3. Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code. 4. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least thirty (30) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures). J. Periodic Review. Basic Requirements for Periodic Review. Every development agreement entered into by the Council shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than twelve (12) months. Notwithstanding the foregoing, development agreements for billboard reduction and relocation shall be periodically reviewed in accordance with the process specified in Section 17.26,100(F)(4). 2. Procedure for Periodic Review. I a. Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement: i. The Director shall determine on the basis of substantial evidence that the applicant or the successor(s)-in-interest has or has not complied with the agreement; ii. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant by the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement; iii. It is the duty of the applicant or the successors) -in -interest to provide evidence of good -faith compliance with the agreement to the Director's satisfaction at the time of the review; iv. Refusal by the applicant or the successor(s)-in-interest to provide the required information shall be deemed prima facie evidence of violation of the ' development agreement v. If, at the end of the time period established by the Director, the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement; vi. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as provided in this section for initiation and consideration of a development agreement; and vii. If, as a result of the hearing, the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate. b. Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the I following actions: ' i. Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement; ii. Refer the matter back to the Commission for further proceedings with or without instructions; or iii. Schedule the matter for public hearing before the Council where termination or modification of an agreement is recommended. Procedures for conduct of the public hearing shall be the same as provided in this section for initiation and consideration of a development agreement. K. Violation of Agreement—Commission Review. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement. 2. If, as a result of such hearing, the Commission finds that the applicant or the successor - in -interest is in violation of a development agreement, it shall notify the Council of its ' findings, recommending such action as it deems appropriate. L. Violation of Agreement—Council Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions: 1. Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or 2. Refer the matter back to the Commission for further proceedings with or without instructions; or 3. Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type II Public Noticing (Public Hearing)): (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13) 17.38.005 BR --Billboard Relocation Overlay Zone I A. Purpose. The billboard relocation (BR) overlay zone authorizes and establishes procedures for the removal and relocation of pre-existing, legally established billboards to new locations, and the substitution of billboard sign faces and structures meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city. B. Applicability. The billboard relocation (BR) overlay zone applies only to commercial or industrial zoned property within 300 feet from the centerline along Interstate 5 and State Route 14 as generally identified on the adopted zoning map on file in the Planning Division. C Permitted Uses. All uses shall be subject to the requirements of the underlying zone with the exception of off-site signs. Off-site signs (i.e., billboards) are a permitted use subject to the approval of a billboard reduction and relocation agreement or development agreement for the reduction and relocation of billboards in compliance with this section. D. Development Standards. All billboards and related facilities and structures approved or permitted pursuant to a billboard reduction and relocation agreement or development agreement must comply with the following requirements: 1. Applicable Standards. All applicable development standards of the underlying I zone apply unless modified by subsections 2-8 below. 2. Sign Area. An individual billboard may have either one or two faces and may not exceed 700 square feet per face. 3. Separation. Except as prohibited by the California Outdoor Advertising Act, a billboard may be located at, or greater than, 1000 feet from another billboard on the same side of the freeway or highway. This separation requirement is a minimum and additional distance between billboards may be required under the applicable billboard reduction and relocation agreement or development agreement. 4. Location. Billboards must be located within the billboard relocation (BR) overlay zone. 5. Height. The bottom of any horizontal structure of a billboard must be a minimum of eight feet in height above the highest adjacent grade. The maximum permitted height of a billboard, measured from the lowest adjacent grade to the top of the sign structure, is 65 feet. This standard is the maximum height permitted, and a reduced height may be required under the terms of the approved billboard reduction and relocation agreement or development agreement. ' 6. Collocation of Wireless Telecommunications Facilities. Notwithstanding any of the provisions of Section 17.45.010 to the contrary, wireless telecommunications facilities may be collocated with a relocated billboard structure in any zone upon approval of a Minor Use Permit subject to the following development standards: a. Antenna arrays must be placed on the interior of the billboard structure; within the interior of the post, or between the outer sign faces; b. Antenna arrays may not protrude above or below the sign faces; and C. Collocated wireless telecommunications facilities must conform with the development standards listed in Section 17.69.030 of this Code. The City Council will be notified of any issuance of a Minor Use Permit for the colocation of wireless telecommunication facilities on a relocated billboard structure at least 30 days prior to such actions.. Digital Billboards. The Council may approve a billboard reduction and relocation agreement or development agreement that authorizes the construction and use of digital billboards subject to the following additional provisions: a. Brightness. Digital -display faces must have a maximum brightness not to exceed 0.3 foot candles above ambient lighting from a distance of 250 feet for both the daytime and nighttime condition. Brightness may not exceed ' 500 nits (candela per square meter) from sunset to sunrise. At all other times, brightness may not exceed 7500 nits. b. Duration of Images. A digital billboard may display only a series of still images, each of which is displayed for at least eight seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. C. Separation. No digital billboard may be placed within 2500 feet of another digital billboard on the same side of the freeway or highway. This separation requirement is a minimum and additional distance between digital billboards may be required under the applicable billboard reduction and relocation agreement or development agreement. 8. In addition to complying with the other requirements set forth in this section and any other applicable provisions of Section 17.51.080, any relocated billboard within 660 feet of a state highway must also comply with the requirements of the California Outdoor Advertising Act ( Chapter 2 of Division 3 of the California Business and Professions Code beginning at Section 5400), including, but not limited to, the restrictions on size, height, proximity to interstate and primary highways and landscaped freeways. To the extent any conflict arises between this ' section and the Outdoor Advertising Act, the Outdoor Advertising Act will prevail. 17.51.080 Sign Regulations (Private Property) I M. Off -Site Signs. Notwithstanding any other provision of this section or code and except as permitted under Sections 17.26.100 (Billboard Reduction and Relocation Agreement) or 17.28.100 (Development Agreements), any off-site sign, (including any billboard) that was lawfully erected prior to November 13, 1990 may be maintained and repaired in accordance with the applicable regulations of this section as a legal nonconforming use; provided, however, that such legal nonconforming use may not be expanded and must ultimately be eliminated in accordance with Section 17.05.050 (Elimination of Legal Nonconforming Uses and Structures). U. Prohibited Signs. The following signs shall be prohibited in all zones: Signs which contain or utilize any of the following: a. Any exposed incandescent lamp with a rated wattage in excess of forty (40) watts; b. Any exposed incandescent lamp with an external metallic reflector; c. Any revolving beacon light; d. Any continuous or sequential flashing operation. ' 2. Revolving signs. 3. Signs advertising or displaying any unlawful act, business or purpose. 4. Signs emitting audible sounds, odors or particulate matter. 5. Any strings of pennants, or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons and similar attention -getting devices, with the exception of any national, State, local governmental, institutional or corporate flags, properly displayed per subsection (P)(7) of this section (Corporate Flags). 6. Devices projecting or otherwise reproducing the image of a sign or message on any surface or object. 7. Portable signs (including A -frame signs). Portable real estate signs may be permitted. 8. Temporary signs, except as otherwise specifically permitted by this section. 9. Roof signs, unless deemed historic under Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). I10. Painted signs, except if deemed historic per Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). 11. Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign. 12. Off-site signs, except as provided in subsections (M) (Off -Site Signs), (P)(9) (Freeway Commercial Center Signs), and (Q)(4) (Subdivision Directional Signs) of this section or as provided in Sections 17.26. 100 (Billboard Reduction and Relocation Agreement) and 17.28. 100 (Development Agreements). 13. Commercial hand-held signs located upon property in all zones. 14. Mobile signs. 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