HomeMy WebLinkAboutOrd 1971-1360 Ordinance No. 1360
Outdoor Advertising Displays .. ' ' ` . � . . � ' . . . . . . ;
� oR�zn*aNCS iv0. 1360 �
A� ORCii�T?Ai4CE OF TH� CITY OF CHULA 9ISTA APdEPDING
CHAPTER 35 , ARTICL•E 1 , SECiI0i4S 35 . 101 TIiROGGI�
35 . 10`v NLL REliITT?.�G TO TI?5 FFOHIBITION G: OC'iDCOP.
ADVERTISING DISPI,�YS rRO��i I'I�E CITY C� CHliLA VZSTA
The City Couacil of the City of Chula Vista does ordain
as `ollows :
- SECsION I : ihat Chapter 35 , article 1 , Sect�.ons 35 . 101
through 35. 106 be , ar.d the same are hereby amended to read as follows :
ARTICLE 1. ?ROHIBZTION OF GJTDOOt2 ADVEP.TISIi�G DISPLAYS
AND RENiOVAL OF EX1ST1?dG DISPLAYS . /"
Section 35 . 101. Purpose and Intent. -
The City Council of the City of Chula Vis±a has tie�etofore
enacted ordir.ances desig.7ed to promote the public health ,
sufety and general �veliare; to protect the lives , groperty
and vehicles of persons la�afully driving , parking, walking
or residing cn or near fre��aays in the Cnula Vista area;
to provide proper developrenc ana protection of areas
adjacent c.o certain d�signated freeways , scer.ic fr.eeways ,
landscaoed freeways , scenic nighways and park:.ays ; to
enhance and aromote t?�e aesthetic aspects of said areas
so as to attract tourists to the Chula Vista conanunity
and to generally stimu_late economic growth of the cemmunity ;
to carry out such other purposes as set for.th in the Outdeo-r
Advertisiny acL of the State of California oz 1968 , the
• Highway Beautification Act oi 1965 , and tne Federal ai.r
Highway Act of 1958; and to preven� and eliminate hazards
to the safetyo uf motorists on such ciesignated hiahways.
"'he City Ccunc_1 has also made findings that the prolif-
eration of off-premise outdoor advertising dis�lays tends
to create diversions and compete coith the attentio:: of
drivers who are placed unner stresses because o` deman6s
imposed by complex and modern freeway and highway systems
and, f.urther, tnat such displays decrease the effectiveress
of official and czutionary and directional messages which
are es�entiai for the safety and co;�venience of the criving
public.
P.fter significant exoezier.ce with the results of said regu-
lations to oromote such purpose and intent, it is now deter-
mined by the Citl Council of the City of Chula Vista that
the limita±ions cor.tained in said legislation and the
prohibition of outdoor ad�ertising strucLUres from those
areas adjacer.c to landscaped free.oays , sceriic high�vays or
freeways or parkways , does not make a significant contri-
butior to the goals set forth nereinabo�e an3 to the healt;: ,
safety and g�;�eral_ welfare , or econvmic or aesthetic better-
ment and enttancenent or the protectior, or preservation of
said qualzt�es thereof in the City o£ Chula Vista. There-
fcre, it is nc�a t_fie intent and puroose of the City Counc�l
to achieve said goals by t?�e total prohibitior. oi said
oetdoo'r advertising structures •:�ithin the City of Chul.a
Vista.
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Sec�ion 35 . 102 . Definitions .
r^or the purpose of carrying ouL the provisions of Article 1
of Chapter 35 of the Cl�ula Vista City Code as herein enacted,
such definitions shall be applicable to those freeways ,
scenic freec✓ays , landscaped freeways , scenic highways ,
parkwa�s 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. Iii addit�on, 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 Display 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 illuminatir.g device constructed, attached, erected,
fastened, or manufactured in any manner whatsoever, including
any type of statuary or other figure representation, so that
the sa,-ne shall be used for the attraction oi the public to
any place, subject, person , firm, corperation, public per-
formance, article , machine , or merchandise whatsoever, and
displayed in any man.er wnatsoever out-of-doors for recog-
nized advertising purposes .
"Sign" shall refer to any card, cloth, metal, painted or
wooden sign of any cliaracter, placed for outdoor advertising
purposes , on or to the ground, or any tree, �vall , bush, rock,
fence , building, structure or thing, either publicly or pri-
vately owned, other than an adve=tising structure; provided,
however, that neither outdoor advertis?ng 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 c•�hich such owners hat�e only limited or restricted
right or easement of access , and which is declared to be
such in conpliance caith the Streets and Highc.�ays Code of
the State of California.
"Landscaped Preecaay" shall be deemed to mean a section or
sections of- a freecaay which is now, or hereafter may be ,
improved by t.he plantinG, at least on one side of the f:ee��ay
, right-of-�vay , of lawns , trees , shrubs , fio*.,�ers or otner orna-
mental �egetation ;ahich shall reauire reasonabie maintenance
as provided in Section 5211 of the California Rusiness and
Professions Code. Planting for the purpose of soil erosior.
control , traffic safety requirements , reduction ot fire
hazards or traffic noise abatement shall not change the
character of a freeway to a landscaper free:.ay.
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"Scenic Highcaay or Free•aay" shall mean a section or
sections of a high:vay or freeway in respect to which the
City Council of the City of Chula Vista has declared, by
ordinance , to be a scenic hignway or freeway because the
view from such a highway or freeway e�icompasses 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 sectio�i of a street or highway in
respect to cahich the City of Chula Vista, by ordinance, has
declarEd that such section of a street or highway is , in
fact, a parkway , because such sectior. is especiall}• land-
scaped or is a scenic portion of the Lreeway , expressway ard
major street systen wnich serves and connects the most
important parks and scenic areas .
"Visible" means capable of being seen (whether or not
legible) �aithout 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 , buildina, structure or thing. It does not
include any of the foregoing activi*_ies when performed
incidental to the change of an advertising message or
customary maintenance of the advertising display.
� Section 35 .103 . Prohibite'd Outdoor Adve'rtising� Di"sp'lays .
From and after the effective date of this ordinance , all
outdoor advertising displays as defined in this Article
shall be prohibited and banned throt;ghout the City of Chula
Vista and no building permits for the structure or erection
of said displays shall thereafter be issued. Al1 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 high�vays and paricways 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; 0utdoor Adyertising
Displays = State Law or Amort'izat'ion Period.
1. Noneonforming Displa�+s Adjacert to Sconic Freeways, .
Landscaped r^ree�.+ays, Scenic &ign�a�s and Parkways .
In accordance with the enabling legislation of the State of
California , all ostdoor advertising display signs as defined
herein, �ahich do not confor.m to the regulations of this Article
and fall �aithin cne area of prohibition set forth in Section
35 . 103 , but wnich were leaaliy existing at t`�e time of the
adoption of this P.rticle , shall be regarded as nonconforming
and shall be removed from said prohi�ited 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
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sections of such roadways shall have been completed and
accepted and the character of said section or sections
shall. have been changed . from a ,`.reecvay to a landscaped
freeway, whichever shall he later in time . In addition ,
such nonconforminq and prohibited signs shall be removed
within three (3) years after the date on which a scenic
freeway , scenic highcaay or. parkway is so declared by
ordi*�ance of the City Council to be within the provisions
contained in this Article.
2 . Nonconforming Displays; Not Permitted in any Zone
in the Cit� of Chula Vista - Amoi•tization.
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 uutdoor advertising display signs
to be continued or maintained for a reasonable period of
time iz order to amortize the investmer.t 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 noncon£orming outdoor
advertisir.g displa.ys 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 uoon the value of the outdoor
acivertis*_ng display on the date set forth herein as deter-
mined by the Building and Housing Inspection Department of
the City in accordar.ce with the following schedule or valu-
ation per sqiiare foot dependent upon the t.ype of outdoor
advertisina display or the permit value , whichever is
greater. Ir. all cases of valuation, the Building and Housing
Inspection Departr,ient 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 heighc - $2 . 00 per square foot
Over twenty feet (20 ' ) in height - $3 . 00 per square foot
AMORTIZATION SCfiEDULE
PERIOD FOR REMOVAL
PERMTT VALUE OF SIGN OR MODIFICATION
$50 .01 to $100 . 00 One (1) year
$100 . 01 to $500 . 00 Two (2) years
$500 . 01 to $750 . 00 Three (3) years
$750 . 01 to $1,OOO . QO Four (4 ) years
$1,000 . 01 to $2 , SOC . 00 Five (5) years
$2 , 500 . 01 to $5 ,000 .00 Seven (7) years
Over 55 ,000 . 00 Ten (10 ) years
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Section 35 . 105 . Exempt Adveri-ising Displays .
The provisions of Section 35 . 103 oi this Article shall not
apply to any of the folloc•ring listed advertising structures
or signs when usEd exclusively :
1 . To advertise the sale or lease of the property on
which said advertising display is p].aced;
2 . To designate the name of the owner or occupant of
the premises upon cahich 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 ttaelve (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 freesaay shall be
removed for the landscaping of a section or sections of- a
freev:ay shall have been changed from a freeway to a laiid-
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 ot competent iurisdiction
to enjoin any such person, firm or corporation from continuing
sucn sign in place .
Every person, as principal , ager.t or employee, violating uny
of the provisions of this Article is guilty of a misdeineanor
and upon conviction thereof, shall be punisnable 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 an3 im-
prisonment. Such Ferson 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 .
Presei:ted by Approved as to form by
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Bruce H . t�arren, Director of GeorgeGD. Lindberg, City Att � e��
Planning
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' ADOPTED AND APPROVED by the CITY COUNCIi� of the CITY OF CHULA
VISTA, CALIFORNIA, this lq� day of September , 19=L, by the
fo]:lowing vote', to-wit : �
AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott '
NAYES : Councilmen None
P,BSENT: Councilmen None
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Mayor of the C ty of Chula s�a
ATTEST �
ity Cler c
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO j ss . �
CITY OF CHULA VISTA ) . •
I ; JENNIE P1> FULASZ , City Clerk o£ the City of Chula Visca;
CaliforniaP DO HEREBY CERTIFY that the above and foreg�ing is a full ;
true and correct copy of � ; and that the
same has not been amer.ded or repealed, �
DATED;
"' _ City Clerk "P���
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