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Ordinance - 1775ORDINANCE NO. 1775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MUNICIPAL CODE CHAPTER 26, ARTICLE VIII, DIVISION 2, SECTION 26-339 RELATING TO BANNERS, ® PENNANTS, AND TETHERED BALLOONS IN COMMERCIAL ZONES. (Amendment No. 217) The City Council of the City of West Covina does ordain as follows: SECTION NO. 1: That the City Council of the City of West Covina does hereby find, determine and declare as follows: a. The current Code governing banners, pennants, and tethered balloons is no longer enforceable at the court level. b. The various sections of the Municipal Code previously used to support Section 26-339 are no longer adequate since the court tends to look at only one section of the Code which should be worded to stand on its own. C. Th provisions and intent of Sections 26-298, 26-299, and 26-303 previously used to support Section 26-339 should be incorporated into the body of Section 26-339. d. Businesses on large sites with outdoor displays normally have their buildings further removed from the street frontages than businesses without outdoor displays. e. Banners on flag poles should be allowed to businesses on large sites with outdoor displays to augment the signage due to the remote location of the signs on the buildings. SECTION NO. 2: Chapter 26, Article VII, Division 2, Section 26-339 of the West Covina Municipal Code is hereby amended to read as follows: Section 26-339. Banners, Pennants and Tethered Balloons. a. Except as otherwise specifically provided in this Chapter, all banners, pennants and tethered balloons placed on the outside of commercial buildings or placed on commercial sites are prohibited. b: Pennants, no larger than three feet, by four feet, mounted on flagpoles attached to parking lot light standards or fences, (but not attached to buildings) spaced no closer than forty feet on center, shall be allowed for a business located on a 75,000 square foot or larger site that has an approved precise plan designating a minimum of 4,000 square feet of the site for "outdoor display" area as allowed under the provisions of Section 26-597 of this Chapter, and a minimum of 25,000 square feet of vehicular storage or parking area. Page 2 C. In the case of the original opening of a business, a special permit may be obtained from the Building Department to display banners, pennants, and tethered balloons for the purpose of advertising the original • opening of a business. A service charge of six dollars ($6.00) will be assessed for the permit and the extent of the time of the permit shall not exceed thirty (30) days. The location and size of the banners, pennants, or balloons shall not obstruct the view of neighboring property. The permit may contain reasonable conditions, including a deposit of twenty-five dollars ($25.00) to guarantee the removal of the banners or pennants at the end of the permit period. d. The use of tethered balloons shall be subject to approval of the Planning Director as to the design, size, color, the height that the balloons are to be flown and any other considerations that the Planning Director deems necessary. e. By accepting and using the special permit, an applicant 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 of such permit. f. No sign permit is required. SECTION NO. 3: The City Council finds and determines that said Amendment to the Municipal Code is a minor modification to the City's Zoning Ordinance and is, therefore, categorically exempt (Class 5) from the requirements of the California Environmental Quality Act of 1970. 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 day of March, 1988 ATTEST: 6 ) City Clerk Mayor Page 3 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF WEST COVINA ) I, hereby certify that the foregoing Ordinance No. 1775 was introduced, adopted, and passed at a regular meeting of the City Council on the 14th day of March, 1988 by the following vote: AYES: Councilmembers: Tennant, Bacon, Manners, Chappell NOES: Councilmembers: None ABSENT: Councilmembers: (Shearer) APPROVED AS TO FORM: City Attorney • City Clef 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 0 Ordinance No. / %%.S 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. ZO Janet Berry, City Clerk City of West Covina, Ca ornia DATED: