The URL can be used to link to this page

Home My WebLink AboutCode Amendment 78-6 - Negative Declaration 78-63 - Granted A I PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp. STATE OF CALIFORNIA, County of Orange Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eigh- - — teen ears, and not a art to or interested in the Published' Nuntingta'r Beach News, Aug., y party 10; 1978. clerk of NOTICE OF PUBLIC HEARING above-entitled matter. I am the principal CODE AMENDMENT N0. 78-6.8c the printer of the HUNTINGTON BEACH NEVUS, a NEGATIVE DECLARATION 78-63 NOTICE IS HEREBY GIVEN that a.pub- newspaper of general circulation, printed and pub- tic hearing will be held by the City Coun- ca of tho City of Huntington. Beach, in. fished at 208 Main Street in the City of Hunting- the,Council Chamber oi'the Civic Center, Huntington Beach, at the hour of 7:30 ton Beach County of Orange, and which newspaper P.M., or as soon thereafter.as possible, on 40onday'the'21st day of August, 1978, has been adjudicated a newspaper of general circu- for the purpose, of donsidering,an appeal om- lation by the Superior Court of the County of Or- in the approval by .the nt'78-g which mission of'Code Amendment 7&6 which proposes'ieguiatirig the size and place- _ange, State of California, under the date of August ment of pclitica,t, signs- throughout' the city. The City Council will also consider 27th, 1937, Case Number A-5931; that the notice, Negative Le-claration 78;63 which is a !finding that.the,proposed code amend- of whiich the annexed is a print ed Copy (set In type Iment will not' have s significant adverse .effect ,upon the environment. A ,copy of not smaller than nonpareil), has been published in the proposed Code Amendment is on file n the Planning Department. each regular and entire issue of said newspaper A(1 interesfed persons` are invited to attend said• hearing and express their and not in any supplement thereof on the following opinions for or against said appeal. dates, to-wit: Further information may be obtained from the Office of the City Clerk, 200a Main St., Huntington Beach, CA (714) 536- 99 5226, , . . . . . . . . . . . . . . . .p.l7.F�,: . . . . . . . . . . . . . . . DATED:July.28, 1978.' CITY OF HUNTINGTON BEACH. Alicia M.Wentworth all in the year 1978 aty clerk; I certify (or declare) under penalty of perjury that d' the foregoing is true and correct. �Q a Dated at Huntington Beach, California, this. 11.th day of . . . . . . . . . . . . . . . Aug t�o t. ., 1978 . . . .. 4� . v 0 . . . . . . . . . . . . Signature PROOF OF PUBLICATION �� — - ✓IRONMENTAL CLEARANCE REI CITY OF HUNTINGTON BEACH, CALIFORNIA APPLICANT• City of Huntington Beach ADDRESS : P.O. Box 190, Huntington .Beach, CA 92648 PROJECT TITLE: ND 78-63 Code Amendment 78-6 PROJECT DESCRIPTION: An amendment to Division 9 (Ordinance Code} cLpermit and regulate the placement of political signs (size, location, length of time allowed for placement) . PROJECT LOCATION: Throughout the City _ An initial study has been conducted by the City of Huntington Beach Department of Planning and Environmental Resources . The initial study consisted of a review of the Environmental Information Form submitted by the project sponsor and is supported by adequate d.ata to support the findings stated below. Based on the initial study it has been found: EIR REQUIRED u The proposed project may have a significant effect on L� the environment and, therefore, an Environmental Impact Report must be prepared. The EIR is to be prepared by a designated Consultant or the Planning Staff . N'\ TENTATIVE The proposed project will not have a significant effect NEGATIVE on the environment. Therefore, it is recommended that DECLARATION no Environmental Impact Report be required for this project. Any comments on the Tentative Negative Declaration shall be submitted to the City of Huntington Beach Department of Planning and Environmental Resources for reply and inclusion in the report to the discre- tionary body. All comments and/or information pertaining to the Tentative Negative Declaration should be filed in writing with the Department of .Planning and Environmental Resources no later than 5 : 00 p.m. on the tenth day following the posting of this document. 1.9 7 . Date of Posting FINAL U The Negative Declaration was adopted by the NEGATIVE U DECLARATION on 19-` SIGNED: TITLE: ssistant Planner ENVIRONMENTAL INFORMATION FORM Fee - $75 .0'0 FOR CITY USE ONLY City of Huntington Beach. Date Received: - Applicant Authorized Agent Project Number: - v3 P.O. Box 190 , Huntington Beach, CA 92648 Department of Origin Mailing Address (714) 536-5271 �l Other Appl"ica'Lion Telephone or Permit Numbers : Property Owner Mailing Address _Telephone NOTE: To assist the Department of Planning and Environmental Resources in making a determination as to whether a significant environ- mental effect may result from .the proposed project, the follow�.ng information must be supplied. Maps referred to below may be viewed at the City of Huntington Beach Department of Planning and Environmental Resources. 1. 0 Project Information (Please attach Plot Plan and submit photo- graphs of subject property) N.A. 1. 1 Nature of Project: Give complete description of the proposed project. To permit and regulate the placement of political signs (size, location, length of time allowed for placement) . Amendment to Ordinance (Division 9) . a. If the project is commercial or industrial give a complete description ,of activities and other pertinent information including but not limited to whether it is neighborhood, city or regionally oriented, square footage of sales areas (if any) , estimated employment per shift, any potentially hazardous materials which may be used, etc. N.A. -1- i b. If the project is residential, indicate number, types and size of units and associated facilities. N.A. C. If the project is institutional, indicate the major function, estimated employment per shift and community benefits to be derived from the project. N.A. d. List all types of building materials to be used for all structures in the project. (Submit detailed elevations if available) N.A. 1. 2 Location of project: (Address , nearest street intersections) Will be in affect throughout the city. 1.3 Legal Description (Lot, Block,, Tract) - N.A. 1. 4 Project land area (acres) 28 S—Tmi Number of parking spaces N.A. 1. 5 Square feet of building area N.A. Number of floors N.A_ 1.6 What is the percent and coverage proposed by the project for: a. Building N.A. b. Paving N.A. C. Existing landscaping N.A. d. New landscaping N.A. -2- 1e / VC11G1C11 1C1Ql.1 UlI''�-``,�.lb UL 111C NI.U�C�:L '1;:1.7 5115'�'U11 C..11 I1y �J1 U�J .L' le (Information a- able in Planning Departn on District Maps) LAND USE ELEMENT USE Z0114ING GENERAL PLAN Present Proposed Surrounding north I Surrounding south N.A. N.A. N.A. 1 Surrounding east Surrounding west 1. 8 What will be the maximum occupancy of all structures proposed within the project? N.A. 1. 9 List other public agencies having jurisdiction by law in approval, authorization, certification or issuance of a permit for this project: ❑ O.C. Flood Control District ❑ State Division of Highways ❑ O.C. Sanitation District ❑ Corps of Engineers ❑ O.C. Air Pollution Control ❑ City Council District Planning Commission ® California Coastal Zone Conservation Commission ❑ Board of Zoning Adjustments California Regional Water ❑ Design Review Board Quality Control Board ❑ Other: ❑ Local Agency Formation Commission 1.16 If the projE is commercial, industria or residential what is the roadway distance in miles from the project to the nearest: a. Shopping in Center N.A. b. Freeway exit N.A. C. Elementary School (refer to Recreation Areas Map) N.A. d. Public park (refer to Recreation Areas Map) N.A. e. Scenic Highway (refer to Recreation Paths, Corridors , and Areas Map) N.A. 2. 0 Existing Environmental Setting of Proposed Project: 2.1 Seismic: N.A. a. What is the distance from the project to the nearest fault line (refer to Fault Map) ? b. Is the project site within a designated earthquake hazard area (refer to Earthquake Hazard Special Study Zone Map) ? . 2. 2 Drainage and Flood Control: N.A. a. Please describe specifically the volume of drainage and how it will be accommodated: b. Is the project within a flood hazard area? Or natural flood plain? (refer to Flood Plains and Flood Hazard Area Maps) C. What is the distance from the project to the nearest flood channel? (refer to Flood Control Channels Map) d. What is the distance from the project to the nearest shoreline? 2. 3 Topography: N.A. a. Does the project site exhibit excessive slope? (refer to Topography:Slope Map) b. What is the distance from the project to the nearest bluff-- (refer to Principal Vistas and Features Map) C. What is the range and slope of the property as it now exists? -4- I 2 . 4 Land Form: N.A. a. Is the property presently graded? b. Indicate the gross cubic yards of grading proposed , the acres of land to be graded , the amount of earth to be transported on the site , and the amount of earth to be transported off the sit C. What will be the maximum height and grade of cut or fill after grading is completed? d. Is the surrounding area graded? If so, how will it affect subject property? 2 . 5 Soils: N.A. a. Type of soil on the project site? b. Are there any Peat and/or Organic. Soils on the site? (refer to Peat and Organic Soils Map) C. Does the site exhibit moderate to high expansive soils? (refer to Expansive Soil Distribution Map) 2. 6 Geologic: N.A. a. Is the site within a high risk geologic problem area? (refer to Geotechnical Land Use Capability Map) b. Is the site within an area which has experienced a variable and complex pattern of land subsidence? (refer to Land Subsidence Map) . 2. 7 Historic/Archaeological: N.A. a. Could there possibly be any objects of historic, aesthetic or archaeological significance on the site? If so, please describe. (refer to Archaeological Sites, Historic Landmark Sites and Principal Vistas and Features Maps) -5- \f 1 1 EST' F CITY C 'ACTION I Submitted by Edward D. Selich Department Planning Date Prepared August 10 , 1978 Backup Material Attached El Yes No Subject CODE AMENDMENT NO. 78-6 POLITICAL SIGNS City Administrator's Comments APPROVED AS RECOMMENDED Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE Councilman John Thomas has appealed the approval on July 18 , 1978 , of Code Amendment No. 78-6 by the Planning Commission. The appeal is based on a lawsuit and restraining order against the City as well as the belief the code amendment is an impingement on freedom of speech. RECOMMENDATION Approve Negative Declaration No. 78-63 Approve Code Amendment No. 78-6 p ;Adopt Ordinance ANALYSIS Appellant: Councilman John Thomas Applicant : Prepared at the direction of the City Council PLANNING COMMISSION ACTION ON JULY 18 , 1978 : ON MOTION BY RUSSELL AND SECOND BY HIGGINS CODE AMENDMENT NO. 78-6 WAS APPROVED BY THE FOLLOWING VOTE: AYES : Higgins, Russell, Stern, Cohen, Paone NOES : None ABSENT: Finley, Bazil DISCUSSION• The lawsuit and restraining order relate to the existing Ordinance Code which prohibits the display of political signs . , Code Amendment No. 78-6 will modify the Ordinance Code by permitting the display of political signs within certain restrictions . Also Code Amendment No. 78-6 insures freedom of speech by allowing the display of political signs . Pio sns :4 t CODE AMENDMENT 78-6 Page 2 Code Amendment No. 78-6 will regulate appropriate placement of signs, maximum size to be allowed, reasonable period for display and removal and means of enforcement. ENVIRONMENTAL STATUS Negative Declaration No. 78-63 was posted for public review for a ten day period ending June 13 , 1978 . No comments were received and the Environmental Resources Section recommends approval of Negative Declaration No. 78-63. ,_PLANNING_ COMMISSION_ ACTION ON DULY_18_,_1978 ON MOTION BY RUSSELL AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 78-63 WAS APPROVED BY THE FOLLOWING VOTE: AYES : Higgins, Russell, Stern, Cohen, Paone NOES: None ABSENT: Finley, Bazil FUNDING SOURCE Not applicable ALTERNATIVE ACTIONS 1. Deny Code Amendment No. 78-6 2 . Return to Planning Commission for modification. SUPPORTING INFORMATION 1. Letter of Appeal 2 . June 20 , 1978 staff report 3. July 18 , 1978 staff report 4. Environmental Documentation Respectfully submitted, Edward D. Selich P arming Director By Monica Florian Assistant Planning Director TM:ja v � k ITY g� i�c �,:, :, Gary BEACW Ca1� 1 ; �., ' � Jahn A. Thama .�, Counc ilman ICY APPBAL OF, NPGA IIE DELAkATION July 243 6 and :76 63 'OKITjCA p SGNS�� I wa t t a,.a g P p�+ alth 'Planning: ,Comluiss�on s a proual of, t e Pol,itic ,i an `zCade ,Amendment because c� the.'Iaw suit---,;Ir,eedom:',of, speech and the; restxainlh order E that fihc City' against it. JAT::cb d ( t qJ DEPT. P. rj: L�Q?,t tlAuNmW,-Qn Beach > - hunfington be ii planning department stuff apart TO: Planning Commission FROM: Planning Department DATE:, June 20 , 1978 SUBJECT: CODE AMENDMENT NO. 78-6/NEGATIVE DECLARATION NO. 78-63 "POLITICAL SIGNS" 1. 0 SUGGESTED ACTION: Approve Negative Declaration No. 78-63. Approve Code Amendment No. 78--6. 2. 0 GENERAL INFORMATION: The City Council requested that controls on political signs be added into the Ordinance Code. Care must be taken, however, that no impingements occur on freedom of speech as guaranteed in the Constitution of the United States. 3 . 0 SUMMARY OF ISSUES: The major issues relating to Code Amendment 78-6 are (1) appropriate placement of signs; (2) maximum size to be allowed; (3) reasonable period for display and removal; and (4) means of enforcement. 4. 0 ENVIRONMENTAL STATUS : Negative Declaration No. 78-63 was posted for public review for a ten day period ending June 13 , 1978. No comments were received and the Environ- mental Resources Section recommends approval of Negative Declaration No. 78-63. 5. 0 ANALYSIS: The random placement of political signs is a potential traffic hazard as well as a visual pollutant. Prohibiting such signs from medians will limit possible visual pollution in locations most likely to become a ' cluttered nuisance. In addition, the hazards generated by blocked vision of cross and oncoming traffic would be reduced. Additionally, signs could be limited as to proximity to intersections . The pro- hibition of political signs within sixty feet of an intersection is a. reasonable distance which will protect the vision of motorists at inter- sections. As the attached illustration indicates, a straight line begin- ping from a vehicle at an intersection and drawn tangent to a block wall at the corner nearest to the cross traffic coming from the left provides a display of the field of vision normally expected at an intersection of primary arterials. This field of vision can be protected by prohibiting the placement of signs within sixty feet of the intersection. The proposed ordinance will prohibit the placement of political signs in medians and within sixty (60) feet of any intersection. Al2t& r,. w L • k i! 'Page Two QA 78-6 Political Signs Size of political signs varies greatly but the largest standard size is four feet by eight feet (thirty-two square feet) . Sizes larger than thirty-two square feet (except when placed on existing billboards) may more subject to causing traffic hazard unless carefully placed in locations where setbacks are sufficient to allow the safe use of such signs. In the absence of such locations throughout much of the City and the fact that thirty-two square foot signs are a standard in the industry, the largest sign allowed should be the thirty-two foot sign (except for billboards where they still exist) . The proposed ordinance will prohibit political signs with more than thirty-two square feet of area except those placed on existing billboards . The City may enforce this ordinance by various means including issuing permits and requiring bonds. There is some question, however, whether requiring permits or bonds is an infringement on the right to freedom of speech. In any case, such direction would necessitate additional administrative procedures which ought to be proven to be necessary if they are to be implemented. The following alternative is offered as a reasonable procedure for dealing with political signs and a reasonable time frame for display of the signs. A forty-five (45) day period for display prior to an election and ten (10) days for removal after the election would provide ample time for display and removal . If removal does not occur after ten days, notice should be sent by the Director of Public Works to the persons responsible that the signing must be removed within an additional ten day period. If the signs are not then removed, the City would remove the signs and charge the cost of the removal to the responsible parties. In cases where a clear and present danger exists from the improper placement of a sign the Public Works Director should be able to remove the sign without notice to the responsible parties. The proposed ordinance will implement the administrative procedures as outlined in the previous paragraph. 6 . 0 RECOMMENDATION: Approve Negative Declaration No. 78-63 . Approve Code Amendment 78-6 since said amendment will reduce traffic hazards and visual pollution. ATTACHMENTS: 1. Illustration 2. Ordinance 3 . Environmental Documentation TM:gc a 6dt 41mit cep'afib;n _ uAlck no Sirens ma.Y be- "AtE OF 01 S to V f0� k f � l t F C-,Ot5F=- ADD T NO _ HUanNGTON BEACH - HUNTINGTON BEACH KMING DEPT. huntin t bt.-zh planning department . pport TO: Planning Commission FROM: Planning Department DATE: July 18 , 1978 SUBJECT: CODE AMENDMENT NO. 78-6/NEGATIVE DECLARATION NO. 78-63 . "POLITICAL SIGNS" 1. 0 SUGGESTED ACTION: Approve Negative Declaration No. 78-63 . Approve Code Amendment No. 78-6 . 2 . 0 GENERAL INFORMATION: At its meeting of June 20 , the Planning Commission continued Code Amend- ment No. 78-6 to July 18 in order to include in the Amendment a penalty for failure to remove signs after the permitted period of display and a provision requiring the City Clerk to disburse copies of the applicable code sections to these parties responsible for local election campaigns. Code Amendment No. 78-6 has been altered to reflect a $10 per day per sign penalty for failure to remove signs after the alloted display period and to require disbursal by the City Clerk of copies of the Code sections dealing with political signs to those parties responsible for local election campaigns . 3 . 0 RECOMMENDATION: Approve Negative Declaration No. 78-63 . Approve Code Amendment 78--6 since said amendment will reduce traffic hazards and visual . pollution. TM:g c ATTACHMENTS : 1. June 20, 1978 staff report 2 . Ordinance 3 . Environmental Documentation Y! CITY OF HunTin (2TonBEACH �® DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES P. 0. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5271 TO: Thomas J. Moseley, Associate .Planner FROM: Environmental Resources Section DATE: June 13 , 1978 SUBJECT: NEGATIVE DECLARATION 78-63 (CA 78-6) APPLICANT: City of Huntington Beach REQUEST: Amendment to the ordinance code regulating the size and placement of political signs LOCATION: City wide Background Based on the Staff ' s initial study of this project a Tentative Negative Declaration was published in the local newspaper and posted in the Office of the City Clerk for a 10-day public review period ending June 13 , 1978. and X no comments, the attached comments , were received. Recommendation The Environmental Resources Section recommends that the Planning Commission City Council approve Negative Declaration No. 78-63 finding that the proposed project will not have a significant adverse effect on the . environment. Mitigation Measures The attached mitigating measures will reduce potential environmental effects resulting from the project and are recommended as conditions of approval. Respectfully submitted, v, James R. Barnes Assistant Planner JRB/s 2. 8 Wildlife/Vegetation: N.A. a. Does any wildlife use the site for a place to feed, nest or rest? If so, please list: b. Will any of this wildlife be displaced by the proposed project? If so, how? C. Indicate the extent, size and species of plant life per- sently existing on^_,the site. d. Indicate the location and area (in acres or square feet) and type of plant life to be removed as a result of the project. Include number type and size of trees to be re- moved. 2. 9 Water Quality: N.A. a. Does any portion of the project abut or encroach on beaches , estuaries , bays , tidelands, or inland water areas? b. Describe how the project will effect any body of water. 2.10 Air Quality: N.A. a. If the project is industrial, describe and list air pol- lution sources and quantity and types of pollutants emitted as a result of the project. b. List any Air Pollution Control District equipment required. -6- f f 2.11 Noise: N.A. a. Describe any adjacent off-site noise sources (i.e. , airports ; industry, freeways) . b. What noise will be. produced by the project? If available, please give noise levels in decibel measurement and typical time distribution when noise will be produced. C. How will noise produced by the project compare with existing noise levels? 2.12 Traffic: N.A. a. . Indicate the present traffic volume on arterials and added trips per day from the project.- b. What is the existing speed limit at the project location? C. Indicate points of egress and ingress to the project. 3. 0 Public Services and Facilities: 3.1 Water: N.A. a. Will the project -require installation or replacement of new water mains? b. Attach a map showing the service area, size and lo- cation of new lines . C. Please estimate the daily volume in gallons required to serve. the project. -7- ,-� i 3. 2 Sewer: N.A. a. Will the project require installation or replacement of new sewer mains? b. Attach a map showing the service area, size and location of new lines. C. Discuss the capacity required for the project and how this relates to existing effluent volumes within the system. • 3. 3 Utility Lines : N.A. a. Indicate length and type of new offsite transmission and distribution facilities required to serve prcject. b. Do any overhead electrical facilities require relocation? If .so, please describe facilities. C. Do existing lines have to be increased in number or size for project? If so, please describe how. 3. 4 Solid Waste: N.A. a. Describe the type and amount (pounds/day) of solid waste generated by the project. Type: Pounds/Day 3. 5 Education: N.A. a. For residential projects , note primary and secondary school districts: Primary: Secondary: 3. 5 Population Displacement: N.A- a. Will any residential occupants be displaced by the project activities? If not, do not answer question (b) . b. What is the total number of residents to be displaced? 3. 7 Demolition: N.A. a. Will any improvements be demolished or removed by the project? If so, answer questions b through d. b. Describe briefly the type of buildings or improvements to be demolished by the projz t. C. List approximate volume of exported material. d. Indicate the location and the distance to the site where exported material will be dumped. 4. 0 Mitigating Measures: 4. 1 Are there measures included in the project which may conserve resources (electricity, gas , water or wildlife)? Please describe. N.A. 4.2 Are there measures proposed in the design of the project to re-- duce noise pollution to persons occupying project? If so, please describe. N.A. 4. 3 Are there measures proposed in the design of the project to reduce noise pollution to persons outside of the project which is caused by noise generated by the project? If so, please describe. N.A. -9- ��' A. 4 Are there measures in the design of the project (architectural treatment and landscaping) which have been coordinated with design of the existing community to minimize visual effect? No If so, please describe. 4. 5 Are there measures or facilities designed into the, project to facilitate resources recovery (e.g. solar heating/special insulation etc. ) ? No 5. 0 Alternatives : Are there alternatives to the project which may result in a lesser adverse environmental effect? Yes Please explain all project alternatives. By disallowing political signs traffic hazards and visual pollution would be less. However, in the opinion of the City Attorney this would be unconstitutional 6. 0 Additional Information: (regarding questions above) . If necessary attach additional sheets. The Code Amendment will limit the placement of political signs (location, length of time, and size). Should have the effect of reducing visual pollution and decreasing traffic hazards since these signs are presently placed throughout the City. J hereby certify that the information herein is true and accurate to the best of knowle ge. May 26, 1978 Signa re Date Filed Thomas Moselely PublishAugust 101978 Postcards 0 NOTICE QP PUBLIC HEARING CODE AMENDMENT NO. 78-6 & NEGATIVE DECLARATION 78-63 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the-.City of Huntington Beach, in the Council Chamber of the Civic. Center, Huntington Reach, at the hour of 7:30 P;N, , or as soon thereafter as possible, on Monday the 21st day of August , 19 78, for the purpose of considering an appeal to the approval by the Planning Commission of Code Amendment 78-6 which proposes regulating the size and placement of political signs throughout the City. The City Council will also consider Negative Declaration 78-63 which is a finding that the proposed code amendment will not have a significant adverse effect upon the environment. All interested persons are invited, to attend said hear in ` gad express their opinione fog or asainst said appeal Further inforustion my he obtained from the Office of the City Clerk . 2000 Main St. , Huntington Beach, CA. (714) 5361.5226 DATED "_ _Ju1v 2 1278, CITY CP HMZ=ON . BY: Alicia X. . 10entwokth City clerk v ;:ol.isr: 01:ce" LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 78-6 NOTICE IS HEREBY GIVEN that a public c al: irlc; Wi-L.;- he._:_d by the City Planning Commission of the City of i,untii~gton Beach, California, for the purpose of considering Code Amendment No. 78-6 to regulate the size and placement of political signs throughout the City of Huntington Beach. The Planning Commission will also be consideringjIJegative Declaration No. 78-634 A copy of Code: Amendment No. 78-6 is on file in the Planning Department Office. JP Said hearing will be held ai the hoar o: � _ 00 :• , G. June 20, 1978 t in the :C1iCiL / ha,-A :�rs 3 u_4 c _ Civic Center, 2000 Main Str_ecit, Califo:r:w..<. All interested persons arc invit4u :47 express their opinions for or ac,ainst- a Code Amendment No. 7 8-6 Further information mz1,y be ob �.:i neC, 'i C,','t ii i CV ? Department. Telephone No. (714i 530-5271 8thJune i978 DATED ED this day i` of ___--------�.--"- -"--- - CITY PLANN-NG Edward D. Selich Secretaf y NOTICE T/rO�- CLERK TO SCHEDULE PUBLIC 4ARI ITEM -•Q_ 4'nt L ( TO: CITY CLERK' S OFFICE DATE : /q7 FROM: ��- `— a ' e e- 4- PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF C G AP ' s are attached AP' s will follow NO AP ' s Initiated by: Planning Commission Planning Department Petition *Appeal Other cc Cou.�Ci I� Adoption of Environmental Status (x) YES NO Refer to 1f Y�1 .€.,P —, Planning Department - Extension for additional information. *If appea please transmit exact wording to be required in the legal. A. CITY OF HUNTINGTiNGTGN BEACH HUNTINCTON BEACH CITY COUNCIL COMMUNICATION . TO City Council FROM John A. Thoma! Councilman SUBJECT APPEAL OF NEGATIVE DECLARATIONDATE July 24 , 1978 78-6 and 76-63 POLITICAL SIGNS I want to appeal the Planning Commission ' s approval of the Political Signs Code Amendment because of the law suit , freedom of speech and the restraining order that the City has against it . JAT:cb ' WHITE-CITY ATTORNEY BLUE-CITY CLERK L' CITY OF HUNTING TON BEACH No. _ GREEN-CITY ADMINISTRATOR " Z- iT r CANARY-DEPARTMENTAL Nuvnvr,iUve..+<x REQUEST for ORDINANCE or RESOLUTION Date p Request made by Department INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: r V 1 Desired effective date Signed: �,' 1 �� . Approved as to availability of funds Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator r ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9760. 51 THROUGH 9760. 58 REGULATING THE PLACING OF POLITICAL SIGNS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9760. 51 through 9760. 58, entitled "Political Signs" , to read as follows : 9760. 51 POLITICAL SIGNS. PURPOSE. Notwithstanding Section 97 0. 29 d of this code, political signs may be erected in public rights-of-way subject to the limitations and restric- tions contained in Sections 9760. 52 through 9760. 58 which follow. The purpose of this section and those which follow is to ensure that political free speech rights are protected and at the same time to prevent traffic hazards that might result from the im- proper placement of political signs and to prevent visual pollu- tion and litter which might result should said signs fail to be timely removed. The city clerk shall provide copies of Section 9760. 52 through Section 9760. 58 of this code to any person, entity or chairman of any committee in support of a candidate, issue, cause , or proposition when said person shall notify the clerk of his intention to have a candidate or issue, cause or proposi- tion placed on a local ballot . 9760. 52 POLITICAL SIGNS. CONTENT. The content of poli- tical signs shall be limited to the endorsement of a candidate or an issue, cause or proposition which appears on a ballot to be presented to the electorate within forty-five (45) days . Any sign whose content includes advertising or any picture or language other than that pertaining to a political endorsement shall be subject to the permit requirements of this code. 9760. 53 POLITICAL SIGNS. PLACEMENT PRIOR TO ELECTION. The following restrictions shall limit the placement of political signs prior to an election: (a) No person, candidate, or chairman of any committee shall place or allow, permit , or cause to be placed a sign bear- ing his name or the name of any other person in any public right-of-way more than forty-five (45) days prior to an election in which he or any other person supported by him or his committee is a candidate. MT:ps 7/27/78 1. L a (b ) No person, candidate, or chairman of any committee in support of an issue, cause , or proposition shall place or allow, permit , or cause to be placed a sign in support of said issue, cause , or proposition in any public right-of-way more than forty-five (45) days prior to an election in which such issue, cause, or proposition appears on the ballot . 9760. 54 POLITICAL SIGNS. SIZE LIMITATION. No person, candidate , or chairman of any committee in support of any candi- date, issue, cause , or proposition shall place or allow, permit , or cause to be placed a sign in support of any candidate, issue, cause, or proposition in any public right-of-way if said sign is greater than thirty-two ( 32) square feet in .surface area, including the border of that sign. This section shall not pro- hibit the placing of political signs of a size greater than thirty-two ( 32) square feet on any billboard when said billboard was in existence more than six (6) months prior to the day of the election in which such candidate' s name or such issue, cause , or proposition appears on the ballot . 9760. 55 POLITICAL SIGNS. PROHIBITED IN MEDIAN STRIPS. No person, candidate , or chairman of any committee in support of any . candidate, issue, cause , or proposition shall place. or allow, permit , or cause to be placed a sign in support of any candidate, issue, cause , or proposition in any median strip within the city. 9760. 56 POLITICAL SIGNS. DISTANCE FROM INTERSECTION. No person, candidate, or chairman of any committee in support of any candidate , issue , cause , or proposition shall place or allow, permit , or cause to be placed a sign in support of any candidate, issue, cause , or proposition in any public right- of-way within sixty (60 ) feet of any intersection. For the purpose of this section, the term intersection shall have the same meaning as defined in Section 365 of the California Vehicle Code as that section currently exists or is hereafter amended. 9760. 57 POLITICAL SIGNS. REMOVAL. The following require- ments shall apply to the removal of political signs : (a) Any political sign in violation of sections 9760. 52 through 9760. 56, or any political sign deemed by the director of public works to create an immediate safety or traffic hazard may be removed without notice by him or his designee . (b ) All political signs , whether in support of an indi- vidual candidate or an issue, cause , or proposition shall be removed from the public right-of-way within ten (10 ) days after the date of the election in which such candidate ' s name or such issue, cause , or proposition appeared on the ballot . 2. 9760. 58 POLITICAL SIGNS. PENALTY. Any person, candidate or chairman of any committee in support of any candidate, issue, cause or proposition who violates or willfully fails to comply with provisions of Sections 9760. 52 through 9760. 57 of this code is guilty of an infraction and upon conviction shall be subject to a fine not to exceed ten dollars ($10 ) per political sign for each day said violation existed. SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1978. ATTEST: Mayor City Clerk INITIATED AND APPROVED: APPROVED AS TO FORM: c ty Administrator City Attorney M INITIATED AND APPROVED: IVl Director of Planning 3. � d. No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-offi.cio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the _ day of 19 and was again read to said City Council at a regular meeting thereof held on the day of 19 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California