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HomeMy WebLinkAboutReso 1971-6141RESOLUTION NO. 6141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENTION OF THE CITY COUNCIL TO BAN OR PROHIBIT ALL OUTDOOR ADVERTISING DISPLAYS WITHIN THE CITY OF CHULA VISTA AIQD FIXING A TIME AND PLACE FOR HEARING THEREON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has determined that the public interest of the City of Chula Vista now requires the prohibition of outdoor advertising displays from all areas of the City of Chula Vista, and WHEREAS, the City Council of the City of Chula Vista does hereby advise and recommend that the Planning Commission of the City of Chula Vista take such appropriate steps as may be required to eliminate as permitted uses outdoor advertising displays from the industrial zones of the City of Chula Vista as contained in the Comprehensive Zoning Ordinance, and WHEREAS, the City Council of the City of Chula Vista in the proper exercise of its police power in order to carry out the prohibition of outdoor advertising displays desires to amend Chapter 35 of the Chula Vista City Code regulating outdoor advertising displays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it is the intention of the City Council of the City of Chula Vista to amend Chapter 35 of the Chula Vista City Code in accordance with the provisions of said proposed amended Chapter 35 as set forth in Exhibit "A", attached hereto and by this reference made a part hereof, the same as though fully set forth herein. BE IT FURTHER RESOLVED that the City Council does hereby fix Tuesday, the 17th day of August, 1971, in the Council Chambers in the City Hall, 276 Fourth Avenue, Chula Vista, California, as the time and place for hearing all persons interested in or objecting to the adoption of said ordinance. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to cause a copy of this resolution to be published once in the Chula Vista Star News, a newspaper of general circulation published within the City of Chula Vista. Presented by t~:_./ f Eruce H. Warren, Director of Planning Approved as to form by ~/ -f: .~~° ~%~ George D. Lindberg, City Attorney ORDINANCE N0. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 35, ARTICLE 1, SECTIONS 35.101 THROUGH 35.106 ALL RELATING TO THE PROHIBITION OF OUTDOOR ADVERTISING DISPLAYS FROM THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 35, Article 1, Sections 35.101 through 35.106 be, and the same are hereby amended to read as follows: ARTICLE 1. PROHIBITION OF OUTDOOR ADVERTISING DISPLAYS AND REMOVAL OF EXISTING DISPLAYS. Section 35.101. Purpose and Intent. The City Council of the City of Chula Vista has heretofore enacted ordinances designed to promote the public health, safety and general welfare; to protect the lives, property and vehicles of persons lawfully driving, parking, walking or residing on or near freeways in the Chula Vista area; to provide proper development and protection of areas adjacent to certain designated freeways, scenic freeways, landscaped freeways, scenic highways and parkways; to enhance and promote the aesthetic aspects of said areas so as to attract tourists to the Chula Vista community and to generally stimulate economic growth of the community; to carry out such other purposes as set forth in the Outdoor Advertising Act of the State of California of 1968, the Highway Beautification Act of 1965, and the Federal Air Highway Act of 1958; and to prevent and eliminate hazards to the safety of motorists on such designated highways. The City Council has also made findings that the prolif- eration of off-premise outdoor advertising displays tends to create diversions and compete with the attention of drivers who are placed under stresses because of demands imposed by complex and modern freeway and highway systems and, further, that such displays decrease the effectiveness of official and cautionary and directional messages which are essential for the safety and convenience of the driving public. After significant experience with the results of said regu- lations to promote such purpose and intent, it is now deter- mined by the City Council of the City of Chula Vista that the limitations contained in said legislation and the prohibition of outdoor advertising structures from those areas adjacent to landscaped freeways, scenic highways or freeways or parkways, does not make a significant contri- bution to the goals set forth hereinabove and to the health, safety and general welfare, or economic or aesthetic better- ment and enhancement or the protection or preservation of said qualities thereof in the City of Chula Vista. There- fore, it is now the intent and purpose of the City Council to achieve said goals by the total prohibition of said outdoor advertising structures within the City of Chula Vista. ~(c~~ - 1 - Section 35.102. Definitions. For the purpose of carrying out the provisions of Article 1 of Chapter 35 of the Chula Vista City Code as herein enacted, such definitions shall be applicable to those freeways, scenic freeways, landscaped freeways, scenic highways, parkways or portions thereof, declared by ordinance to be within the regulatory provisions of this article, after findings and determination that such regulations are necessary in accordance with the purpose stated in Section 35.101. In addition, the terms "outdoor advertising display sign" and "sign" shall be construed as defined herein to carry out the purposes and intent of this new ordinance as stated in Section 35.101. "Outdoor Advertising Dis lay Sign" (hereinafter referred to as sign) shall mean any fabricated sign, including its structure, consisting of any letter, figure, character, mark, paint, plans, marquee, sign, design, poster, pic- torial picture, stroke, strip, line, trademark, reading matter or illuminating device constructed, attached, erected, fastened, or manufactured in any manner whatsoever, including any type of statuary or other figure representation, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public per- formance, article, machine, or merchandise whatsoever, and displayed in any manner whatsoever out-of-doors for recog- nized advertising purposes. "Sign" shall refer to any card, cloth, metal, painted or wooden sign of any character, placed for outdoor advertising purposes, on or to the ground, or any tree, wall, bush, rock, fence, building, structure or thing, either publicly or pri- vately owned, other than an advertising structure; provided, however, that neither outdoor advertising display signs nor signs, as used in this chapter, shall include: 1. Official notices issued by the court or public body or officer; 2. Notices posted by any public officer in perfor- mance of a public duty, or by any person in giving legal notice; or 3. Directional, warning or information signs or structures required or authorized by law or by federal, state or municipal authority. "Freeway" shall be deemed to mean a highway in respect to which the owners of abutting lands have no right to easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California. "Landscaped Freeway" shall be deemed to mean a section or sections of a freeway which is now, or hereafter may be, improved by the planting, at least on one side of the freeway right-of-way, of lawns, trees, shrubs, flowers or other orna- mental vegetation which shall require reasonable maintenance as provided in Section 5211 of the California Business and Professions Code. Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards or traffic noise abatement shall not change the character of a freeway to a landscaped freeway. (.p ~yt - 2 - "Scenic Highway or Freeway" shall mean a section or sections of a highway or freeway in respect to which the City Council of the City of Chula Vista has declared, by ordinance, to be a scenic highway or freeway because the view from such a highway or freeway encompasses natural and/or man-made phenomena which possess unusual beauty or an array of imposing vistas, which attract the interest and attention of the beholder. "Parkway" shall mean a section of a street or highway in respect to which the City of Chula Vista, by ordinance, has declared that such section of a street or highway is, in fact, a parkway, because such section is especially land- scaped or is a scenic portion of the freeway, expressway and major street system which serves and connects the most important parks and scenic areas. "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. "To Place" The verb "to place", and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible any advertising dis- play on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure or thing. It does not include any of the foregoing activities when performed incidental to the change of an advertising message or customary maintenance of the advertising display. Section 35.103. Prohibited Dutdoor Advertising Displays. From and after the effective date of this ordinance, all outdoor advertising displays as defined in this Article shall be prohibited and banned throughout the City of Chula Vista and no building permits for the structure or erection of said displays shall thereafter be issued. All existing outdoor advertising displays shall thereafter be considered as nonconforming uses and shall be removed in accordance with the requirements of Section 35.104 either as nonconforming displays adjacent to scenic freeways, landscaped freeways or scenic highways and parkways in accordance with the en- abling legislation of the State of California or as non- conforming displays not permitted in any zone in the City of Chula Vista. Section 35.104. Removal Required; Outdoor Advertising Displays - State Law or Amortization Period. 1. Nonconforming Displays Adjacent to Scenic Freeways, Landscaped Freeways, Scenic Highways and Parkways. In accordance with the enabling legislation of the State of California, all outdoor advertising display signs as defined herein, which do not conform to the regulations of this Article and fall within the area of prohibition set forth in Section 35.103, but which were legally existing at the time of the adoption of this Article, shall be regarded as nonconforming and shall be removed from said prohibited area as set forth in Section 35.103 within three (3) years from the effective date of this ordinance or within three (3) years from the date when the project or the landscaping of a section or ~~~~ - 3 - sections of such roadways shall have been completed and accepted and the character of said section or sections shall have been changed from a freeway to a landscaped freeway, whichever shall be later in time. In addition, such nonconforming and prohibited signs shall be removed within three (3) years after the date on which a scenic freeway, scenic highway or parkway is so declared by ordinance of the City Council to be within the provisions contained in this Article. 2. Nonconforming Displays; Not Permitted in and Zone in the Citr~ of Chula Vista - Amortization. All outdoor advertising display signs which are located in zones wherein they are not permitted or which may at some later date be incorporated in zones wherein they are not permitted shall be construed as nonconforming outdoor advertising displays. It is the intent of this section to allow such nonconforming outdoor advertising display signs to be continued or maintained for a reasonable period of time in order to amortize the investment in such signs. The amortization periods set forth herein shall commence from October 3, 1969, the effective date of the adoption of Ordinance No. 1229, or the date wherein the property upon which an outdoor advertising display is located shall be incorporated into a zone which does not permit the erection or maintenance of outdoor advertising displays. It is further provided that any such nonconforming outdoor advertising displays may be abated forthwith upon the pay- ment of the costs of removal and the remaining value of the outdoor advertising display by the City of Chula Vista in accordance with the schedule set forth herein. The allowable amortization shall be based upon the value of the outdoor advertising display on the date set forth herein as deter- mined by the Building and Housing Inspection Department of the City in accordance with the following schedule or valu- ation per square foot dependent upon the type of outdoor advertising display or the permit value, whichever is greater. In all cases of valuation, the Building and Housing Inspection Department shall use the following schedule and it shall be incumbent upon the owner of said outdoor adver- tising display to request that permit value be used in lieu of this schedule: VALUATION OF OUTDOOR ADVERTISING DISPLAYS Twenty feet (20') or less in height - $2.00 per square foot Over twenty feet (20') in height - $3.00 per square foot AMORTIZATION SCHEDULE PERMIT VALUE OF SIGN PERIOD FOR REMOVAL OR MODIFICATION $50.01 to $100.00 $100.01 to $500.00 $500.01 to $750.00 $750.01 to $1,000.00 $1,000.01 to $2,500.00 $2,500.01 to $5,000.00 Over $5,000.00 ~o~~~ One (1) year Two (2) years Three (3) years Four (4) years Five (5) years Seven (7) years Ten (10) years - 4 - Section 35.105. Exempt Advertising Displays. The provisions of Section 35.103 of this Article shall not apply to any of the following listed advertising structures or signs when used exclusively: 1. To advertise the sale or lease of the property on which said advertising display is placed; 2. To designate the name of the owner or occupant of the premises upon which said advertising display is placed or to identify such premises; 3. To advertise the business conducted or good manu- factured or produced, or services rendered upon the property upon which said advertising display is placed; or 4. Signs installed and maintained by the local govern- ment or Chamber of Commerce which advertise activities being conducted within twelve (12) air miles of such sign, subject to approval of the location, design, message and height by the Planning Commission prior to said installation; provided, however, that said sign or any portion of said sign found to be in violation of the criteria established governing requirements to qualify for a landscaped freeway shall be removed for the landscaping of a section or sections of a freeway shall have been changed from a freeway to a land- scaped freeway. Section 35.106. Enforcement. In the event that any person, firm or corporation should place any advertising display in violation of the provisions of this Article, such display is hereby declared a public nuisance and the City Attorney shall, upon order of the City Council, bring and prosecute an action in any court of competent jurisdiction to enjoin any such person, firm or corporation from continuing such sign in place. Every person, as principal, agent or employee, violating any of the provisions of this Article is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprison- ment in the County Jail of San Diego County for a period of not more than six (6) months, or by both such fine and im- prisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person and shall be punishable as herein provided. The remedies provided herein are cumulative and not exclusive. SECTION II: This ordinance shall take effect and be in full force on the thirty-first day from and after its passage. Presente by / ~z_ ruce H. Warren, Director of Planning ~f4! Approved as to form by '%~ ~/~ ~ George Lindberg, City Attorney - 5 - ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 27th day of July , 1971 , by the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ~4 ~.~._. _ jam. .~- ~/ M1 Mayor of the Ci y of Chula V s ::a l ATTEST `' -;; ~2~~'. l~i~ ~-- //, ~ ~. ~,/ ~z ~t.G~~ City Cer ~" STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Is JENNIE M;, FULASZ~ City Clerk of the City of Chula Vista,; Californian DO HEREBY CERTIFY that the above and foregoing is a full; true and correct copy of and that. the same has not been amended or repealed;, DATED City Cler;c ~ ~ yl ,` ~ ~ r' -• - ~ ~, OFFICE OF THE CITY ATTORNEY DATE: July 13, 1971 C~t~ o~ C~1uQa CUista CALIFORNIA TO: The Honorable Mayor and City Council of the City of Chula Vista, John R. Thomson, City Manager FROM: George D. Lindberg, City Attorney SUBJECT: Regulation of Outdoor Advertising Signs The City Council recently requested an updated opinion from this office regarding the extent of the powers of the City Council to regulate or prohibit outdoor advertising signs or billboards in the City of Chula Vista. As the City Council is aware, we have presently in effect a relatively stringent billboard ordinance regulating the placement of billboards not only along landscaped freeways, as provided by state law, but also along roadways declared to be scenic highways. In addition, unlike other communities in this area, with the exception of the City of Coronado, we permit billboards only in industrial zones and not in commercial zones. While it has been argued by certain representatives of the industry that this is an unreasonable and discriminatory classification since billboards are essentially a commercial use, it has been the opinion of this office that the classifications as imposed by the City of Chula Vista is reasonable and would be sustained by the courts. This opinion is based upon the analysis of the nature of the commercial areas of the City of Chula Vista which would clearly be detrimentally affected by the incursion of billboards into those areas designated as commercial zones. However, this office has also indicated that it does not believe that total prohibition of billboards within the City of Chula Vista would be reasonable. Although it is clearly within the police power of the City .~tffa ~ ~yl The Honorable Mayor and City Council July 13, 1971 Page Two to regulate any use and even under certain circumstances to prohibit certain uses, it should be emphasized that a strong showing must be made as to the detrimental effect upon the community of a particular use which is totally prohibited. This office has frequently pointed out that the total prohibition existing against billboards in the City of Coronado, for example, would probably be sustained because of the unusual character of the community. The City of Coronado is almost exclusively residential and those commercial areas which it does have are quite limited and are intended to serve purely local needs. In addition, the City of Coronado is exceptionally small in land area and is restricted from any future growth. On the other hand, the City of Chula Vista encompasses a large land mass and provides zoning classifications for a full range of activities from agricultural to heavy industrial. Therefore, it has been the opinion of this office that a total prohibition under such circumstances would not be warranted. This comparison and the evaluation of the relative characters of the City of Chula Vista and the City of Coronado is, of course, the judg- ment factor to be weighed and determined by the legislative body, but it is my judgment that in a city the size of Chula Vista which is growing at a rapid pace and seeking diversification of land use in that growth, that justification for a total prohibition of billboards would be difficult. In a recent New Jersey case, as cited in Rathkoff, "The Law of Zoning and Planning", the distinction was clearly spelled out: "In United Advertising Corp. v. Metuchen, cited above, the Supreme Court of New Jersey held that the issue was not, as the trial court had assumed, whether a complete prohibition of signs advertising off-premises goods and services was per se lawful and that, consequently, summary judgment in favor of the defendant borough was improper. The Supreme Court held that the issue was whether the ordinance 'as applied to the locations involved and under the facts and circum- stances is unreasonable...' and remanded the matter for a determination of such issue. In 76 N.J. Super. 301, 184 A.2d 441, the Superior Court considered this matter and found that such outdoor advertising signs would constitute ~a~~~ The Honorable Mayor and City Council July 13, 1971 Page Three no safety hazard in the business and manufacturing districts of Metuchen but noted that, although outdoor advertising is a legitimate business, a municipality need not provide for every use which, in the abstract, may be potentially bene- ficial. The court held that the small size of the borough, the high quality of its land uses and its plans for high quality industrial development for an upgrading of the quality of stores and for the development of quality shopping areas which would provide merchandise 'appealing to the higher level income clientele', all formed a rea- sonable basis for the legislative judgment that the purposes laid down in the enabling act would be served by the exclu- sion of off-premises advertising signs throughout the entire community". In addition, one phrase which should be kept in mind, as set forth in the above, is "legitimate business". As this office has heretofore indicated, the State Legislature by its declaration of the outdoor advertising industry has a "legitimate business" has made in some- what difficult to institute any sweeping restrictions on billboards. It might be hoped that in the future, the Legislature will take a new look at the billboard problem and give greater latitude to local agencies in the control of advertising structures which everyone admits are aesthetically displeasing. GDL:lgk LP. ~ 1