Ordinance - 1768ORDINANCE NO. 1768
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE BY AMENDING CHAPTER 26,
ARTICLE II, ARTICLE VI (DIVISIONS 1 AND 2),
ARTICLE VII (DIVISIONS 1, 2, AND 3), ARTICLE X
(DIVISION 3), AS THEY RELATE TO THE USE OF
EXPOSED NEON FOR SIGNS AND ARCHITECTURAL LIGHTING
AND CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT THEREFOR. (Amendment No. 213)
WHEREAS, by direction of the Planning Commission, the
Planning staff studied and analyzed the City's regulations as they
relate to the use of exposed neon for signs and architectural
lighting; and
WHEREAS, the Planning Commission, upon giving the required
notice, did on the 6th day of January, 1988, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, the City Council of West Covina has considered
evidence presented by the Planning Department, the Planning
Commission, and other interested parties at said public hearing
held on January 6, 1988; and
WHEREAS, the oral and documentary evidence considered in
connection with the Code amendment reveal the following facts:
1. Recent inquiries indicate a strong desire on the part of
commercial businesses to utilize exposed neon tubing on
outdoor signs and for architectural lighting.
2. The Planning Department staff confirms that the use of
exposed neon signs and architectural lighting has gained
in popularity and acceptance among many cities.
3. Outdoor exposed neon signs have been prohibited by the
City of West Covina since September 27, 1967.
4. Contemporary design and use of exposed neon signs and
architectural lighting implies economic and cultural
vitality.
5. Revisions to the Building Code (Chapter 7, Article IX)
will sufficiently regulate the safety of contemporary neon
installations. Amendment No. 213 is contingent upon and
shall become effective on the effective date of the
Building Code revisions, attached as Exhibit 2.
6. The glare and aesthetics of exposed neon signs and
architectural lighting can be adequately regulated by the
provisions of Amendment No. 213.
WHEREAS, based on the evidence presented to the City
Council both oral and documentary, the City Council finds as
follows:
1. Contemporary exposed neon design for signs and
architectural lighting will enhance the aesthetic of
public places and streetscapes in West Covina.
0 2. Business vitality will be encouraged and reflected in the
innovative use of exposed neon signs and architectural
lighting.
Page 2
The safe installation of exposed neon signs and
architectural lighting will be regulated by revisions to
Chapter 7, Buildings and Building Regulations, Article IV
of the Municipal Code.
The City Council does find that Amendment No. 213 is
• consistent with the General Plan in that strict adherence
to the standards of the City's Municipal Code ensures that
the proposed Code amendment will not depreciate property
values or endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, the City Council of the City of West
Covina, California, does ordain as follows:
SECTION NO. 1: Based on the evidence presented and the
findings set forth, the above Amendment No. 213 is hereby approved
as consistent with the City's General Plan and appropriate for the
regulation of exposed neon signs and architectural lighting.
Therefore, Chapter 26, Article II, Article VI (Divisions 1
and 2), Article VII (Divisions 1, 2 and 3, and Article X
(Division 3) shall be amended.
SECTION NO. 2: Chapter 26, Article II is hereby amended by
adding Section 26-21.5 and 26-88.5 to read as follows:
Sec. 26-21.5. Architectural Lighting
"Architectural Lighting" means or is any arrangement, other than
signage, of lighting to outline or highlight certain features
such as the shape of a building or the decoration of a wall or
window.
Sec. 26-88.5. Neon Lighting and Signs
"Neon Lighting and signs" means or is any electric gas tube
lighting and signs containing argon, neon, crypton, helium, or
xenon.
SECTION NO. 3: Chapter 26, Article VI, Divisions 1
and 2 are hereby amended by amending Section 26-202(d) and
26-227(a) and (e) to read as follows:
Sec. 26-202. Filing Fees
(d) The following filing fee shall be paid upon the filing of an
application for neon architectural lighting or sign review and
planning and building department clearance for a sign permit
and/or electric permit for neon architectural lighting.
(1) Signs totaling less than one hundred (100) square feet:
Fifteen dollars ($15.00).
(2) Signs totaling one hundred (100) square feet or more and
all exposed neon signs: Twenty dollars ($20.00) per each hour
of staff time spent in review and field checking with a
minimum fee of twenty dollars ($20.00).
(3) Exposed neon architectural lighting: Twenty dollars
($20.00) per each hour of staff time spent in review and
checking, plus base permit fee if necessary for Electric
Permit.
Page 3
•
Sec. 26-227. Contents
The precise plan of design required by this division shall
specify and include:
(a) The location, size, height and type of all structures
including signs, architectural lighting, walls and fences.
(e) Examples of proposed architectural treatment in the form of
perspectives and elevations, lighting, and such other data as may
be required by the Planning Commission or Planning Director in
evaluating the proposed development shall be required and become
an integral part of such a submittal.
SECTION NO. 4:4 Chapter 26, Article VII, Divisions 1, 2
and 3 are hereby amended by amending Sections 26-307, 26-308,
26-314, 26-322, 26-322.5(b)", 26-323, and 26-356 and by adding
Section 26-357 to read as follows:
Sec. 26-307. Illumination
(a) All sign illumination other than exposed neon lighting shall
be from the interior of the sign, except that indirect lighting
shall be permitted, provided the light source (including
fixtures), is not visible from the street, public parking or
public thoroughfare.
(b)- Exposed neon tubing on outdoor signs, erected prior
to March 22 , 1988, and that do not conform to
installation and or design requirements of
the Municipal Code adopted on February 22, , 1988, shall be deemed
legal nonconforming signs. Normal sign maintenance shall be
permitted and copy changes or sign reconstruction shall be
permitted only if such changes or reconstruction complies with
current code requirements.
(c) Exposed neon signs shall be limited to 30 milliamps except
that a Planning Director's Modification may be granted for
unusual installations requiring amperage higher than 30 milliamps
in order to achieve brightness comparable to that which is
ordinarily achievable with 30 milliamps.
Sec. 26-308. Sign Structure
(a_) All signs shall be structurally safe, shall be painted
(nontoxic) or of rust inhibitive material and shall be maintained
in good condition.
(br Neon signs of a height less than 12 feet shall be encased
and/or covered to protect the neon tubes.
(c) Wall -mounted and detached exposed neon tube signs shall
require non-combustible backing where attached to structures
with a facing of wood or other flammable material.
(d) Exposed electrode housings shall be prohibited, except in the
case of installations directly onto a non-combustible solid wall,
such as a tilt -up cement wall.
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Sec. 26-314. Window Signs
(a) Signs located within two and one-half (21) feet of the window
surface shall be considered window signs and shall be calculated
as part of the allowable window signage in Sections 26-322,
26-323, 26-335, and 26-356.
is(bY Exposed neon window signs shall be considered permanent signs
and shall require a sign permit. Exposed tubes below 12 feet
shall be made inaccessible to unauthorized persons by plexiglass
or similar non -breakable, non-flammable material.
DIVISION 2. NONRESIDENTIAL OTHER THAN PAR ZONE
Sec. 26-322. Front Signs (advertising)
Square footage (indicated in chart below) of advertising signs
(see definition) up to the maximum (listed in chart) will be
allowed on the front of the building for every lineal foot of
building frontage (see definition) of each office, store, factory
or similar enclosed area having an exterior entrance and
occupying the ground floor. No such sign need to be less than
the minimum (listed in chart) regardless of the building frontage
of the enclosed area.
In addition, such advertising signs may cover (listed in chart
under "Window") the inside of the front plate glass windows, up
to a maximum of one hundred (100) square foot total front window
sign area, but must be neatly painted or of attachable gold or
silver leaf or similar material or protected exposed neon, except
in the O-P and I-P Zones where such signs shall be limited to
protected exposed neon, gold or silver leaf, or similar material.
Square
Zone Footage Maximum Minimum Window
C-C,R-C,
S-C,N-C
3
300
40
25%
C-2,C-3,M
3
300
40
25%
I-P
2
100
0
12%
O-P
2
80
0
12%
P-B4O-S
2
80
0
0
Sign permit required on all signs except window signs other than
exposed neon as specified in Section 7-134 of the Municipal Code.
No signs will be allowed to offices, stores, factories, or
similar enclosed areas occupying floors above the ground floor
unless specifically called out.
Sec. 26-322.5 Second -Story Identification Signs
(b)- Allowable signage shall be individual letters no higher than
eighteen (18) inches and shall be either.nonilluminated or
illuminated internally except in the case of exposed neon.
0
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Sec. 26-323. Side and Rear Signs (identifying).
Square footage (indicated in chart below) of identifying sign
(see definition) up to the maximum (listed in chart) will be
allowed on the side or rear of a building for every lineal foot
of building frontage of each office, store, or similar enclosed
area having an exterior entrance, occupying the ground floor and
space enclosed by the side or rear wall on which said signs or
sign is to be attached, when said side or rear is oriented to or
faces a public parking area or street.
In addition, such identifying signs may cover (listed in chart
under "Window") the inside of the side or rear plate glass
windows up to a maximum of one hundred (100) square foot total
side or rear window sign area, but must be neatly painted, or of
protected exposed neon, or of attachable gold or silver leaf or
similar material, except in the 0-P and I-P Zones where such
signs shall be limited to gold or silver leaf or similar
material, or protected exposed neon..
Square
Zone Footage Maximum Minimum Window
N-C,C-C,
R-C,S -C
3
150
0
25%
C-2,C-3,M
3
150
0
25%
I-P
1
50
0
12%
0-P
1
40
0
12%
P-B4O-S
1
40
0
0%
Sign permit required on all signs except window signs as
specified in Section 7-134 of the Municipal Code.
No signs will be allowed to offices, stores, factories or similar
enclosed areas occupying floors above the ground floor unless
specifically called out in following sections.
DIVISION 3. PAR ZONE
Sec. 26-356. Windows
(a) Advertising signs may cover a maximum of twelve (12) per cent
of the front or side plate glass windows, but must be of
attachable gold or silver leaf or similar material or of
protected neon.
(b)- No sign permit is required except for exposed neon signs.
Sec. 26-357. Neon Signs
Signs permitted in Division 3, Par Zone, Sec. 26-356 of the
Municipal Code may be exposed neon, pursuant to the installation
and safety requirements applied to neon signs in all other non-
residential zones.
SECTION NO. 5: Chapter 26, Article X, Division 3 is
hereby amended by amending Section 26-570 to read as follows:
Sec. 26-570. Lighting
• (a) All lighting of the building, landscaping, parking lot or
similar facilities other than exposed neon shall be so hooded and
directed as to reflect away from adjoining properties.
(br All luminaries shall be designed and placed to complement the
development. Luminaries attached to a building shall be
concealed, wall mounted or recessed fixtures.
Page 6
(c) Security lighting fixtures are not to be substituted for
parking lot or walkway lighting fixtures and are restricted to
lighting loading and storage areas, and similar service
locations.
(d) Exposed tube architectural lighting shall not constitute
undue glare or nuisance to adjoining streets and properties.
(e) Neon architectural lighting shall be limited to 30 milliamps,
except that a Planning Director's Modification may be granted for
unusual installations requiring amperage higher than 30 milliamps
in order to achieve brightness comparable to that which is
ordinarily achievable with 30 milliamps.
(f) Exposed neon architectural lighting shall be subject to
approval by the Planning Commission as a part of the Precise Plan
of Design as required by Article VI, Divisions 1 and 2 of this
Chapter. A precise plan shall be required where no precise plan
exists, for structures built prior to the Precise Plan
requirement in the Municipal Code (Article VI, Division 2,
Sec. 26-226).
(g) Neon architectural lighting shall be approved pursuant to the
Municipal Code requirements for neon signs in Chapter 26, Article
VII, Section 26-308 and 26-304, and Chapter 7, Article IX.
SECTION NO. 6: Revisions to the Building Code,
Chapter 7, Article IV, will sufficiently regulate the safety of
contemporary neon installations. Amendment No. 213 is contingent
upon and shall become effective on the effective date of the
Building Code revisions, attached as Exhibit No. 2.
SECTION NO. 7: Based upon the findings of an initial
study, it has been determined that the proposed project will not
have a significant impact on the environement. Light and glare
will be mitigated through individual review of proposed projects
and through imposed limitations on power and methods of
installation. Therefore, a Negative Declaration of Environmental
Impact has been prepared for the proposed project pursuant to the
requirements of the California Environmental Quality Act of 1970,
as amended.
SECTION NO. 8: 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 22nd day of February, 1988
Mayor
ATTEST:
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
• I, hereby certify that the foregoing Ordinance No. 1768
was introduced, adopted, and passed at a regular meeting of the
City Council on the 22ndday of February, 1988 by the
following vote:
AYES: Councilmembers: Tennant, Bacon, Manners, Chappell
NOES: Councilmembers: None
ABSENT: Counci lmember: Shearer
City Cl rk
APPROVED AS TO FORM:
Ald
Alft. City Attorney
•
r
AMENDMENT NO. 213
EXHIBIT 2
CHAPTER 7 ARTICLE 9
PROPOSED AMENDMENTS TO THE WEST COVINA BUILDING CODE
REGARDING EXPOSED NEON
(1) Exposed neon installation methods which either are not
• addressed in the National Electric Code (adopted in Article IV,
Sec. 7-49 and Sec. 7-49.1 of the Municipal Code) or which
cannot be UL labeled, shall be subject to the requirements of
this section of the Municipal Code.
•
(2) Wall -mounted and detached exposed neon installations shall
require non-combustible backing where attached to structures with
a facing of wood or other flammable material.
(3) Exposed electrode housings shall be prohibited, except in the
case of installations directly onto a non-combustible solid wall,
such as a tilt -up cement wall.
(4) Neon installations of a height less than 12' shall be encased
and/or covered to protect the neon tubes.
(5) The exposed neon
specify and include a
installation plan.
installation permit application shall
description of all parts and an
(6) Any applicant for an exposed neon installation permit, ty the
acceptance or use thereof, agrees to protect the city and hold
the city, its officers and employees, free and harmless from any
and all liability, claims and damages arising out of or alleged
to arise out of the issuance or use of such ep rmit
(7) On -site installation inspections shall be required at the
time of the installation. The inspector shall have visual access
to all parts as well as to the installation.
(8) Installation parts shall be listed or recognized by a third
party certification agency engaged in a minimum of quarterly
inspection of manufacturing sites, such as Underwriters
Laboratories. All parts shall be utilized or installed only as
listed or recognized by a certification agency.
(9) Electrode housings shall be required for all electrodes
except when installation is directly onto non-combustible solid
wall construction. In the case of non-combustible solid -wall
installation, electrodes not housed in -wall shall be enclosed in
non-combustible, non -absorbent, water tight insulating material.
(10) P-K Neon Electrode Receptacles or comparable electrode
housings shall be used for in -wall installations. Quick Connects
shall be prohibited.
(11) Exposed wire shall be prohibited. Wire shall be contained
in conduit at all times.
C E R T I F I C A T I O N
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. 174k. 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.
V40,40/�''�
Janet Berry, City Clerk
City of West Covina, Ca ornia
DATED: s/•S`���