HomeMy WebLinkAboutOrd 1981-1948 ORDINANCE NO. 1948
AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 17.04.010, 17.04.030, AND 17.04.070
AND ADDING NEW SECTIONS 17.04. 080, 17.04. 090, 17.04. 100
17.04.110 AND 17.04.120 OF THE CHULA VISTA MUNICIPAL
CODE, ~LI, RELATING TO OFF-PREMISES OUTDOOR ADVERTISING
DISPLAYS
WHEREAS, as a result of the decision of the U. S. Supreme
Court on July 2, 1981 holding the ordinance of the City of San
Diego effecting a total ban on off-premises outdoor advertising
displays or billboards unconstitutional, the erection of
off-premises outdoor advertising displays may be construed by the
courts to be presently unregulated in the commercial and
industrial zones of the City of Chula Vista,
WHEREAS, the City of Chula Vista has since 1949 limited
the erection of such outdoor advertising displays to the
industrial zones of the City, and
WHEREAS, there exists a need to provide for the immediate
preservation of the public peace, property, health and safety by
preventing the unregulated proliferation of off-premises outdoor
advertising displays, and
WHEREAS, this emergency ordinance is appropriate and
necessary to reinstitute zoning regulations of long standing in
--- the City of Chula Vista and to permit the City to undertake a
study of comprehensive permanent regulations which might be
adopted to conform to the decision of the U. S. Supreme Court
relative to the ordinance of the City of San Diego declared to be
upconstitutional.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AS FOLLOWS:
SECTION I: That Sections 17.04.010, 17.04.030, and
17.04.070, are hereby amended, and new Sections 17.04.080,
17.04.090, 17.04.100, 17.04.110 and 17.04.120 of Chapter 17.04 of
the Chula Vista Municipal Code are hereby added to read as
follows:
Sec. 17.04.010 Purpose and Intent of Provisions.
It is the purpose and intent of this emergency
ordinance to reaffirm the previously expressed policies
of the City Council of the City of Chula Vista as set
forth herein and to establish interim regulations
relative to the erection and alteration of off-premises
outdoor advertising displays.
The reasons for this emergency interim ordinance are
as follows:
A. The City Council recognizes that since the ordinance
of the City of San Diego, substantially similar to
that enacted by the City of Chula Vista, has been
held unconstitutional by the U. S. Supreme Court in
its opinion filed on July 2, 1981 in the case of
Metromedia, Inc. et al. v. City of San Diego, et al.,
that the erection, maintenance and alteration of
off-premises outdoor advertising displays may be
construed by the courts to eliminate all regulations
of the Chula Vista zoning laws in the commercial and
industrial zones of the City.
B. The City Council believes that this emergency
ordinance is appropriate and necessary to preserve
the public's right in the prevention of the
unregulated proliferation of off-premises outdoor
advertising displays and the creation of potentially
nonconforming uses while the City considers and
prepares comprehensive and permanent regulations to
conform to the decision of the U. S. Supreme Court in
order to realize the goals set forth herein as well
as the fundamental goals of traffic safety and the
preservation of aesthetics in the urban scene. Such
permanent regulations will require not only time for
study and preparation, but notice and hearing time
elements as well.
C. Should further court proceedings validate any
provisions currently in effect in the City of Chula
Vista, such elements shall be considered as presently
applicable in those sections specifically repealed by
the City Council.
The following policies of the City Council shall
remain in full force and effect:
The City Council 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
free~ays, 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 co~,Lunity; 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
proliferation of off-premises 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
direction messages which are essential for the safety and
convenience of the driving public.
After significant experience with the results of said
regulations to promote such purpose and intent, it is now
determined by the City Council 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 contribution to the
goals set forth hereinabove and to the health, safety;
and general welfare, or econcmic or aesthetic betterment
and enhancement or the protection or preservation of said
qualities thereof in the City.
Sec. 17.04.030 Advertising Displays Zones
Reestablished.
In accordance with Ordinance No. 389 of the City of
Chula Vista dated January 13, 1949 as amended and to and
until such ordinance was further amended by Ordinance
Nos. 1360 and 1229 establishing a total ban of outdoor
advertising displays, such outdoor advertising displays
may now be permitted only within the I-R, I-L and I zones
and shall not be permitted to be erected or altered
outside of such zones. All existing advertising displays
located in other than the I-R, I-L or I zones shall fr~n
and after October 15, 1969 be considered as nonconforming
uses and shall be removed in accordance with the require-
ments of Section 17.04.040, either as nonconforming
displays adjacent to scenic freeways, landscaped freeways
or scenic highways and parkways in accordance with the
enabling legislation of the state.
Sec. 17.04.070 Standards for New Outdoor
Advertising Displays.
Any outdoor advertising displays authorized by the
issuance of permits for erection subsequent to the
effective date of this ordinance shall comply with the
following standards and restrictions:
A. Max~-~,m Permitted Display Area. The maximum
permitted display area for any off-premises outdoor
advertising display shall not exceed 300 square feet
including space extensions and cutouts and other
similar display area appurtenances and framing, but
not including that portion of the supporting
structure which cannot be utilized for display
purposes; provided, however, that an off-premises
outdoor advertising display may have a maximum
display area of 672 square feet excluding space
extensions and cutouts and other similar display
appurtenances if said display is located on a parcel
of land having frontage on a public right-of-way,
exclusive of freeways and other limited access
highways, which meets one or the other of the
following conditions:
1. Where the vehicular count is 15,000 or greater
per 24-hour day for average daily traffic on a
two-way right-of-way; or
2. Where the vehicular count is 7,500 or greater per
24-hour for average daily traffic on a one-way
right-of-way.
For purposes of determining average daily traffic
vehicular traffic counts the 1977 Traffic Flow Map
for the San Diego Metropolitan Area prepared by the
Comprehensive Planning Organization of the San Diego
Region and dated April, 1977 shall be utilized.
In addition, any display exceeding 300 square feet in
area shall only be placed on that portion of the
premises which fronts upon a portion of the public
right-of-way which has an average daily traffic count
which meets the appropriate minimum count set forth
in either Paragraph 1 or 2 above.
0'1 $ -3-
B. Maxi~,m Pe~'...~tted Height Limit. The maximum height
for advertising displays shall be 35 feet measured to
the apex of the advertising display from ground
level.
C. Setbacks. There shall be compliance with all
setbacks and yard requirements required by the
regulations of the underlying land use zones as well
as any other appropriate setback requirements set
forth in this Code.
D. Min~-,m Spacing Requir~nts. No advertising display
shall be erected within 400 feet of any other
advertising display located on the same side of the
same street; provided, however, that any advertising
display that exceeds 300 square feet in display area
shall not be erected within 600 feet of any other
advertising display which exceeds 300 square feet in
display area, located on the same side of the same
street. Said distances shall include intervening or
intersecting street.
E. Min~m,m Proximity Requirements. No advertising
display shall be placed within certain specified
distances of certain specified land uses as set forth
below:
1. No display shall be placed within 200 feet of any
residentially zoned parcel of land located on the
same side of the same street as measured along
the abutting rights-of-way lines.
2. Where commercially zoned parcels abut residen-
tially zoned property and where no common street
frontage exists, no display shall be placed in
the half of the parcel lying in closest proximity
to the residentially zoned property; provided,
however, that:
a. Where an alley separates a commercially zoned
parcel from residentially zoned property said
alley shall be calculated as part of the lot
area of commercially zoned parcel; and
b. In no instance shall any display or any
portion of any display be placed closer than
30 feet to any residentially zoned parcel.
c. No display shall be placed closer than 400
feet to any premises to which the display
pertains.
d. No display shall be placed within 200 feet on
the same side of the street of any premises,
as measured from the nearest point of the
display along the abutting public
rights-of-way lines, containing a public
park, public or private school, church or
other similar place of worship, historical
building or site, or cemetery, mausoleum,
columbariun or other similar place of
internment.
F. Roof Displays Prohibited. No display shall be placed
...... upon either in total or in part, on the roof or
parapet of any building of structure.
-4-
Sec. 17.04.080 Nonconforming Displays-Amortization
Periods Based on Present Ordinance.
In addition to those nonforming standards and
amortization provisions contained in Sections 17.04.030,
17.04.040 and 17.04.050, it is specifically determined
that all outdoor advertising displays other than those
located in the I-R, I-L and I zones be, and the same are
hereby declared to be nonconforming from and after the
effective date of this ordinance.
Sec. 17.04.090 Special Use Permits.
The Zoning Administrator may grant an exception to the
physical limitations and height limitation provision of
Section 17.04.070 in accordance with the application and
hearing procedures set forth in Section 19.14.150 et seq.
of this Code and subject to the follc~ing findings:
A. After the public hearing the Zoning Administrator
may, by resolution, grant a special use permit if,
after considering the facts presented in the
application and at the hearing, he concludes:
1. That the requested special use permit is
reasonable when taking into consideration the
scale of the surrounding structures.
2. That the permit is required to overcome
significant physical difficulties in the
erection, placement, or maintenance of the
display.
B. If the Zoning Administrator, after considering the
facts presented on the application and at the
hearing, is unable to reach the two conclusions set
forth in Paragraph A of this section, he shall deny
the permit by resolution.
C. The resolution granting or denying the special use
permit shall include a finding of facts relied upon
by the Zoning Administrator in reaching his decision.
The resolution shall be filed with the City Clerk,
Director Of Building and Housing, County Recorder of
San Diego County, and a copy shall be mailed to the
applicant. The resolution shall not be filed with
said County Recorder if the resolution is a denial of
the special use permit.
D. In granting a special use permit, the Zoning
Administrator may impose such conditions as he deems
necessary and desirable to protect the public health,
safety and the general welfare. Any general regula-
tions of the zone in which the property is situated,
including but not limited to maximum height and
minimum yards, may be increased or decreased.
E. The decision of the Zoning Administrator shall be
final on the eleventh day after the filing of the
resolution in the office of the City Clerk, except
when appeal is taken to the Board of Appeals.
.!
F. In no instance shall a special use permit be granted
for the purpose of permitting an advertising display
to be erected in any zone other than the I-R, I-L or
I zones.
Sec. 17.04.100 Alterations.
No existing off-premises outdoor advertising display
shall be altered so as to violate the provisions of this
ordinance, however customary maintenance or repair is
permitted.
Sec. 17.04.110 Severability.
If any provision or part of this ordinance or the
application thereof to any person or circumstances is
held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall
not affect other provisions or parts or applications of
the ordinance which can be given effect without the
invalid provision, part or application, and to this end
the provisions and parts of this ordinance are declared
to be severable.
Sec. 17.04.120 Violation Deemed Nuisance--
Prosecution Procedure--Penalty.
In the event that any person, firm or corporation
should place any advertising display in violation of the
provisions of this chapter, such display is 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 chapter is guilty
of a misdemeanor and upon conviction thereof, shall be
punishable by a fine of not more than five hundred
dollars or by imprisonment in the County Jail of San
Diego County for a period of not more than six months, or
by both such fine and imprisonment. Such person shall be
deemed guilty of a separate offense for each and every
day during any portion of which any violation of this
chapter 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 be effective as an
emergency ordinance on its first reading if passed by the
affirmative vote of at least four members of the City Council and
shall remain in force for one (1) year unless repealed prior
thereto.
Presented and Approved as to form by
George D. Lindberg, City Attorney
.APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AT FIRST READING THIS 23rd DAY OF July
19:~ 1 , by the following vole, to--wit:
AYES: Councilmen., Hyde, Gillow, Cox, McCandliss, SCott
NAYES: C~3uncilmen: None
None
ABSTAIN: Co~cilmen:
None
ABSENT: Councilmen:
Mayor of the City of Chula Vista
ATTEST Dep ' ?':' f I ' ~7~ Z4/~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, ELIZABETH W. CONTI, Deputy City Clerk of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 1948 ,and that the same has not been amended or repealed.
DATE D
(seal) City Clerk
CC-660
ORDINANCE NO. 1948
AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 17.04.010, 17.04.030 AND 17.04,070
AND ADDING NEW SECTIONS 17.04.080, 17.04.090, 17.04.100,
17.04.110 AND 17.04.120 OF THE CHULA VISTA MUNICIPAL
CODE, ALL RELATING TO OFF-PREMISES OUTDOOR ADVERTISING
DISPLAYS
By a unanimous vote on July 23, 1981, a Special
Meeting, the City Council unanimously approved the
ordinance placing it on first reading and adoption.
The ordinance which is effective for one year, re-
establishes the I-R, I-L and I zones as the only zones
permitting advertising displays and sets out the
standards and restrictions for the issuance of these
permits.
The ordinance further specifies that any violation of
its provisions constitutes a misdeameanor and directs
the City Attorney to bring and prosecute a court
action.
Copies of the ordinance are available in the office of
the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.
Dated: 7/27/81