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Ordinance - 2332ORDINANCE NO.2332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26, ARTICLE VII OF THE WEST COVINA MUNICIPAL CODE RELATING TO SIGNS WHEREAS, the City's provisions regarding temporary signs were last updated in 1996 and 1999; and WHEREAS, certain legal changes have occurred both in state and federal law that require the City's provisions regarding temporary signs to be revised to conform to state and federal law; and WHEREAS, the State of California has a housing deficit, as housing production over the last several decades has lagged behind population and job growth. (See Legislative Analyst's Office, California's High Housing Costs: Causes and Consequences (March 27, 2015), available at http://www.lao.ca.gov/reports/2015/finance/housing-costs/housing-costs.pdf.) The California Legislature has declared the availability of housing in the state a priority of the highest order and of vital statewide importance. The state legislature has also mandated that local governments use the powers they have to facilitate and improve the development of housing so that all economic segments of the community may have more access to housing. (See Government Code section 65580.); and WHEREAS, the City of West Covina has a substantial interest in facilitating the provision of more housing to both current and prospective residents desiring to reside in the City, by enabling sellers and lessors of a variety of housing types, including low-income, multi -family, single-family, and otherwise, to reach buyers more effectively, thereby increasing the opportunities for citizens to find appropriate new and existing real estate for lease or sale. Moreover, the California Legislature has directed the City to use its land use and other powers to achieve this interest. The City has carefully planned through its General Plan and zoning for adequate housing stock within the City including implementation of affordable housing projects, but the need for additional housing stock still exists. Developers within the City continue to invest in building new housing projects, including building single family and multi -family housing units. In order for would-be home buyers to be made aware of these housing opportunities, home sellers, whether developers of new housing subdivisions or sellers of existing housing, need opportunities for off -site advertisement of these units, in order to attract the attention of buyers who may not happen to drive by the actual housing sites; and WHEREAS, although the City generally prohibits off -site commercial advertising, there is a need for an exception for this rule to allow home sellers and lessors to advertise off -site, in order to maximum the possibility of connecting would-be buyers and renters to the sellers. Therefore, the City Council finds it necessary to allow an exception for subdividers, builders, and developers to the no-offsite advertising rule, to allow them to advertise their housing units for sale in areas that are most likely to be seen by would-be buyers including in the public right -way, and on private property (with owner's consent) but no more than one sign per block. If more buyers CA 16-02 Temporary Signs and renters see the permitted off -site advertisements, which facilitates them attaining needed housing, then the City's exception will further the City's interest of promoting the availability of housing within its jurisdiction. The City's exception is limited to allowing the off -site advertising in the stated areas, because these are the areas that will be most likely to attract new buyers and renters, while creating the least impact on aesthetics and traffic safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: Section 26-301 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 26-301. - Purpose. The purpose of this article is to establish appropriate sign regulations to protect the public health, safety, and welfare of the community. The city council has found that the regulations here: (a) Protect and enhance the positive image of the city and its property values, preserve and advance the quality of life for residents of the city, and provide a pleasing aesthetic setting for those who reside in and visit the city. (b) Promote the use of signs that create a high quality visual environment and that are complimentary in scale and proportion with surrounding buildings and harmonious with surrounding neighborhoods. (c) Ensure that signs do not proliferate to the extent that they create confusion and visually dominate the setting in which they are located. (d) Provide for the welfare of the local business community and the economic welfare of the overall community by providing reasonable opportunities for the identification of businesses and the goods and services that they offer. (e) Ensure that signs are designed and located so as to not create a hazard to the safety and movement of vehicles and pedestrians. (f) Facilitate the provision of more housing to both current and prospective residents desiring to reside in the City, by enabling sellers and lessors of a variety of housing types, including low-income, multi -family, single-family, and otherwise, to reach buyers and renters more effectively, thereby increasing the opportunities for citizens to find appropriate new and existing real estate for lease or sale. SECTION NO.2: Section 26-310.30 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 26-310.30. - Political sign. "Political sign" is a sign that contains a political message such as a message supporting a candidate for public office, a political party, or a position on a particular political or ideological issue. Political signs shall be considered as temporary noncommercial signs for the purposes of this article. SECTION NO. 3: A new Section 26-311.50 of the West Covina Municipal Code is hereby added to read as follows: CA 16-02 Temporary Signs Section 26-311.50 Substitution Clause. Whenever a sign for a commercial message is permitted by this Chapter, a noncommercial message of any type may be substituted for the duly allowed commercial message contained therein. SECTION NO. 4: Section 26-312 (Prohibited signs), subsection (b), of the West Covina Municipal Code is hereby amended to read as follows: (b) Painted signs, except as permitted on windows under section 26-351, and on construction barricades by section 26-370. SECTION NO. 5: Section 26-312 (Prohibited signs), subsection (e), of the West Covina Municipal Code is hereby amended to read as follows: (e) Signs located on public property or in the public right-of-way, except as allowed by section 26-311(c), and section 26-313, or by approval of an encroachment permit by the city council. Public property includes, but is not limited to: public streets, alleys, medians, sidewalks, rights -of -way, or easements. This restriction shall not apply to city or public entity signs on its own property pursuant to section 26-311(c), or construction warning signs permitted by an encroachment permit. Furthermore, the following shall apply: (1) No sign shall be affixed to private improvements in the public right-of-way, including, but not limited to utility poles, light standards, telephone poles, telephone equipment boxes, cross -arms, traffic control devices, trees, fences, or poles supporting fences. (2) Notwithstanding anything to the contrary, no sign shall prevent or interfere with free ingress to or egress from any door, window or fire escape, or shall be located or maintained in such a place or in such a manner as to constitute an immediate hazard to the safety of or block the path of travel of pedestrians or vehicular traffic. The determination of the city engineer or authorized representative as to whether a sign constitutes such a hazard shall be conclusive. SECTION NO. 6: Section 26-314 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 26-314. - Temporary noncommercial signs. Temporary noncommercial signs, as defined in section 26-310.45, shall be permitted, subject to the following: (a) Signs may be placed on private property with the prior consent of the property owner. As used here, "property owner" includes a tenant in possession. (b) Signs on private property shall not exceed eight (8) feet in any dimension or thirty-two (32) square feet in area. (c) Signs on private property that are attached to a wall, fence, or building may project into the public right-of-way up to a maximum of six (6) inches. (d) Temporary noncommercial signs may not be placed in or on a public street, alley, median island, sidewalk right-of-way, or easement, and such signs may not be attached to utility poles, traffic control boxes, or other public property. CA 16-02 Temporary Signs (e) It shall be unlawful for any person to erect or maintain a temporary noncommercial sign other than as authorized by this section, or for any owner of real property to permit, allow, acquiesce in, sanction, or condone the erection or maintenance of a temporary noncommercial sign on his/her property other than as authorized by this division. (f) All temporary noncommercial signs shall be removed within ten (10) days after the event to which they pertain by the person or entity which erected the sign, or the owner of the property on which the sign has been erected. Signs not removed within ten (10) days shall be removed according to the provisions of Section 26-320 below. SECTION NO.7: Section 26-320 (Abatement of Illegal Signs), subsection (d) of the West Covina Municipal Code is hereby amended to read as follows: (d) Temporary noncommercial signs on private property —removal or abatement after event. Any sign which remains on private property more than ten (10) days after the event to which it pertains in violation of section 26-314(f), may be removed by the City after giving twenty- four (24) hours' notice to the property owner that they are in violation of this provision of the Code. The City shall hold signs removed pursuant to this section at the City corporation yard for thirty (30) calendar days after they are removed for pick-up by the owner. The actual cost of removal may be imposed on the sign owner or, if the sign owner cannot be contacted, on the property owner. SECTION NO. 8: Section 26-372 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 26-372. — Same [Promoti Maximum Maximum Type of Sign Number Sign Area (a) Banners I One (1) per business. One (1) s.f. of sign area per one (1) foot of building frontage (up to 100 square feet maximum). (single -face only). l Signs] —Not associated with a promotional event. Maximum permit Sign Req. Additional Requirements Height Below eave line. SEP 1. Banners shall be maintained in good condition. 2. Torn, faded, sagging, or detached banners shall be repaired or replaced. 3. Banner colors shall be coordinated with building colors and/or corporate color. 4. Banners shall be mounted flat against a building exterior wall, except for banners (double - face permitted) placed on locations other than wall surfaces, approved in CA 16-02 Temporary Signs advance by the Planning Director, for a maximum of 30 days, for uses with approved outdoor display and more than 75,000 square feet of lot area. (b�) Wall No more 1. Mounted flat against mounted than building exterior wall within Display No allowable Below permanent weatherproof ,Frames (in lieu maximum. square footage for eave line. None. display frames 2. Copy limited to advertise Window Signs). 'S window products available on the signs. premises. Maximum 1. Maybe attached (flat vertical against building wall) or dimension of detached (not within eight (8) feet building setbacks of Maximum of per face. underlying zone; shall not (c) Flags. (3) three 50 feet SAR encroach or overhang public flags per site. Maximum right-of-way or adjacent horizontal properties). dimension of 2. Torn, faded, sagging, or twelve (12) detached banners shall be feet. repaired or replaced. 1. Shall not impede traffic (d) Hand-held One (1) per Five (5) s.f. or pedestrian circulation, or Signs. business. per face. None. obstruct visibility in parking areas, driveways, and on public streets. 1. Permitted for a maximum of 30 days per Eight (8) s.f. calendar year. (e) Portable One (1) per per face Four (4) 2. Shall not encroach or (A -Frame) business. (double -face feet high. SEP overhang public right -of - Signs. permitted). way or adjacent properties, and shall not block any sidewalk, driveway, or parking area. (f) Pole- Maximum 1. Torn, faded, sagging, or mounted 35 feet. detached banners shall be Vertical Two (2) per 24 s.f. per None. repaired or replaced. Banners (only light pole. face. Minimum 2. Maximum horizontal for uses with vertical dimension of three (3) feet approved clearance and a maximum vertical CA 16-02 Temporary Signs i outdoor display and more than 75,000 square feet of lot area). of 14.5 feet above ground level. dimension of eight (8) feet. 3. Must be attached to parking lot pole. (g) Small Balloons (only 1. Damaged or deflated for uses with Individual Maximum balloon displays shall be approved balloons may 95 feet promptly repaired, replaced outdoor No not be more above None. or removed from the display and maximum. than 36 ground premises attached to more than inches in any level. merchandise displays or to 75,000 square dimension. building exterior. feet of lot area). (h) Pennants (only for uses Each with approved pennant shall 1. Connected to parking lot outdoor No be no larger light standards. display and more than maximum. than 3 feet None. None. 2 Spaced no closer than 40 75,000 square by 4 feet per feet on center. feet of lot face. area). SECTION NO. 9: Section 26-381 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 26-381. - Signs in residential zones. Maximu Maximu Maximu Additional Type of Permi Sign Class m m Sign m Sign Location Requirement Sip g t Re . q Number Area Height s Wording One (1) limited to One (1) s.f name and (a) Nameplate. per (single- None. address of residence face the occupant mot. only). of the premises. CA 16-02 Temporary Signs 1. Permitted flags are those of a government, government agency, (b) Flags, 1. 1. Below public institution, Nonpromotiona Attached. eave line. 5 feet to nonprofit 1(for Three (3) None. any SAR agency, or promotional per site. property similar signs, see Sec. 2• 2. 25 line 26-383(f)). Detached feet. entity. 2. Torn, faded, sagging, or detached banners shall be repaired or replaced. 1. Five 1. Wall (5) s.f. sign per unit, attached up to to main max. 40 building. One (1) s.f. per site (single- 2. Wall (1.), or face (1. or 2.) (c) Multiple- sign only) BelowMajor eave line. Family attached entrance SAR Identification to a free- 2. 40 s.f. standing One (1) (single- (3.) six wall or per face (6) feet. fence. frontage only). (2. or 3.) 3. 40 s.f. Detached per face (double - face permitted CA 16-02 Temporary Signs for detached signs). (d) Includes nonresidential uses allowed with a conditional use permit, e.g. Institutional. church, school, child-care facilities, adult -care facilities, public utilities, etc. —see sections 26-341 through 26-342. SECTION NO. 10: That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. SECTION NO. 11: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. PASSED, APPROVED, AND ADOPTED APP OVED vTO FORM: "I _�� &14vj— KAnberly ifil Barlow City Attorney Mayor TTESST Jam._ 1 Nickolas S. Ise is City _Clerk I, NICKOLAS S. LEWIS, City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2332 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6tr' day of February, 2018. That thereafter said Ordinance was duly adopted and duly adopted and passed at a regular meeting of the City Council on the 6 h day of March, 2018 by the following vote of the City Council: AYES: Toma, Warshaw, Wu NOES: Johnson, Spence ABSENT: None ABSTAIN: None - - c: Nickolai-SA--e ..r _ City Clerk- _�