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Ordinance - 1870ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, TO PERMIT BANNERS WHICH FEATURE COMMUNITY EVENTS • SPONSORED WHOLLY OR IN PART BY THE CITY AND, WHICH ARE ERECTED BY THE CITY OF WEST COVINA, WITHIN THE PUBLIC RIGHT-OF-WAY. (AMENDMENT NO. 236) WHEREAS, the Zoning Code currently limits the use of banners for the purpose of advertising the original grand opening of a business or for leasing purposes under an approved Temporary Sign Program; and WHEREAS, in the interest of promoting a stronger sense of community, the City Council requested that staff study the feasibility of allowing banners suspended over the public right-of- way; and WHEREAS, the Planning Commission upon giving the required notice, did on the 5th day of December, 1990, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the City Council of the City of West Covina considered evidence presented by the Planning Department, Planning Commission, and other interested parties at a duly advertised public hearing on the 14th day of January, 1990; and WHEREAS, the oral and documentary evidence considered in connection with the code amendment reveal the following facts: 1. Banners sponsored wholly or in part by the City, that are located within the public right-of-way, and which inform the public of community events and display generic holiday messages, promote a stronger sense of community; and 2. Constitutionally, the City may reserve access to the public right-of-way for its own purposes, communicative or otherwise; and 3. In light of item 2 above, this amendment does not contradict the existing prohibition regarding off -premise signage; and 4. Government Code Section 37110 specifically permits a city to promote community activities such as those of its Chamber of Commerce, therefore, banners sponsored or co -sponsored by the City may be placed within the public right-of-way; and 5. Only the City may erect banners over the public right-of-way and the Planning Director will act as the administrator for said banners. NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: Section No. 1: Based on the evidence presented and findings set forth, Amendment No. 236 is hereby approved as consistent with the City's General Plan as well as constitutionally permissible. Section No. 2: Based on the evidence presented and the findings set forth, Chapter 26, Article VII, SIGNS is hereby amended to read as follows: 3004/AMEND236/ORD/C:/af ORDINANCE NO. 1870 Page 2 ARTICLE VII. SIGNS Sec, 26-339.5 Banners in the Public Right -of -Way • (a) Notwithstanding any other provisions of the Municipal Code those banners which feature community events sponsored wholly or in Part by the City, and which are erected by the City of West Covina may be placed within the public right-of-way by following the Procedures set out in (c). No sign permit is required. _(b) Said banners shall be limited to events associated with community holidays or special community events such as: Fourth of July, The West Covina Festival, Halloween Summer Concert Series Holidav Concert, Winter holidays and similar holidays and events c The Planning Director shall develop Procedures regulating the time, place, manner and duration of the erection of such banners by the City. Section No. 3: It has been determined that this project, which consists of a minor amendment to land use regulations, is categorically exempt pursuant to Section 15305 (Class 5) of the State CEQA Guidelines and no Environmental Impact Report or Negative Declaration of Environmental Impact is required. Section No. 4: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 14th dayDofJanua/ry,L991. Mayor Bill Tarozzi ATTEST (- IAII- Z'&'I& City Clerk Janet ry 3004/AMEND236/ORD/C:/af ORDINANCE NO. 1870 Page 3 I, hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 14th day of January, 1991, by the following vote: • f AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None ABSENT: None City Clerk Janet 2#y APPROVED AS TO FORM: C� Attorney Elizabeth Hanna 3004/AMEND236/ORD/C:/af CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State • of California, do hereby certify that a true and accurate copy of Ordinance No.1019& was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED: �Q I -/-,X�an t Berry, City Clerk Ciizy of West Covina, California 1