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HomeMy WebLinkAboutCode Amendment 78-3 - Ordinance 2292 - Bus benches and adver 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 ' y of the County aforesaid; I am over the age of eigh- teen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of �("✓ the printer of the HUNTINGTON BEACH NEWS, a newspaper of general circulation, printed and pub- sn'Ptl Hunt-r;g-ton Beach 8„ 1970. lished at 203 Main Street in the City of Hunting- NOTICE OF PUBLIC +HEARING fin/ CODE ANtENDMENT N0,.78-3 I ton Beach County of Orange, and which newspaper NOTICE 15'HEREBY GIVEN that a pub-I 1i1c.. hearing will ;be held by,the City'; has been adjudicated a newspaper of general circa- Ceur,c:l of the City of Huntington:Beach,, in the Council Chamber!611he'Civic Cen- lation by the Superior Court of the County of Or- ter, Huntington 3eacb;•af the hour of7:30) ange, State o of California, under the date of August n or as soori:`fherea as:possible, on Monday. the Y4th.,'day bf Ji,ne; 1978, 27th, 1937, Case Number A-5931; that the notice, for try purpose of considering ,Code Amendment .No: 78-3 generally refer- off which the annexed is a printted copy (set in type red to as "Bus Benches"; said amend- ment would ;revise applicable sections not smaller than nonpareil), has been published in of the. Huntington" Beach., Ordinance Code and Municipal. Code relating to each regular and entire issue of said newspaper benches and .adVertising: within ,a pub-' lid right of way. The `proposed amend- and not in any supplement thereof on the following ment .entails, modification by either' ai re-wording or repeal of portions_ of dates, to-wit: Chapter 12.36 of;the'Huntington Beach Municipal Code and Article 976 of thel Huntington Beach Ordinance Code. . . . . . . . . ... . . . . June, . R... , , , , , . , , , All..interested persons are. invited tot attend said hearing and. express' .their, opinions foT or against said Code; all in the year 1973 Amendment No. 78-3. - Further information may be.obtained{ from the Office of the'Nty .Clerk. 2000 I certify (or declare) under penalty of perjury that Main street; Huntington beach, Califor-� nia. 92648 — (714) 535,-5226. DATED: June.5, 1978. the foregoing is true and correct. CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth' City Clerk Dated at Huntington Beach, California, this. 9.tb, d day of . . . . . . . . . . . . . . . . . . .June, 19. .75. . .. Signature PRPOF OF RUBLE TION �� Publich June 8 1978 Postcards NOTICE OF NBLIC HEARING Code Amendment No. 78-3 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 Beach, at the hour of or as soon thereafter as possible, on ��ndav the 19th day of June , 197„8,®s for the purpose of considering Code Amendment No. .78-3 generally referred to as "Bus Benches". Said amendment would revise applicable sections of the Huntington Beach Ordinance Code and Municipal Code relating to benches and advertising within a public right of way. The proposed amendment entails modification by either a re-wording or repeal of portions of Chapter 12.36 of the Huntington Beach Municipal Code and Article 976 of the Huntington Beach Ordinance Code. All interested person® are invited to attand .said hearing and express their opinions for or ta3minat said Code amendment No.. 78-3 Farther information may be obtmined frcm the Office of the City Clerk. 2000 Main Street, Huntington Beach, California 92648 - (714) 536-5226 DAM: June 6, 1978 CITY ®F. MWXW=W BEAN BY: Alicia N. W fth City Clark . Number of Excerpts 1o.n o— Publ sh Onc -- --- — LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 78-3 NOTICE IS HEREBY GIVEN that a public heaving will he hole � by the City Planning Commission of thu City of Huntington Beach , California, for the purpose of considering Cade Amendment No. 78- generally referred to as "Bus Benches" . Said amendment would revise applicable sections or the Huntington Broach Ordinance Code and Municipal Code relating to benches and advertis_Lny within a public right of way. The proposed amendment entails modification by either a re-wording or repeal of portions of Chapter 12 . 36 _ . of the Huntington Beach 'Municipal Code and Article 976 oL the Huntington Beach Ordinance Code. Said hearing will be held at the hour of 7 = 00 i' . . . , o: April 4, 1978 , in the Council Chambers Bu:..._:iin� W tho Civic Center, 2000 Main Street, Huntington Beach, CalifbiAia _ All interested persons are invited to attend said hea i n ._.._ express their opinions for or against the proposed Code Amendment No. 78-3 Further information may be obtained from the City ?l<: nninq Department. Telephone No. (714) 536-5271 DATED this 23rd day of March, 1978 CITY PIANN i.NG COMi'iLu.JIQC . By Edgard D Selich Secretary NOT J C E TO CLERK TO SCHEDULE PUBLIC HEARING ITEM Cocg- A m q.op M e fQ T (dus sEwyc'ka TO: CITY CLERK'S OFFICE DATE: JvAlr, FROM: PLEASE SCHEDULE A PUBLIC HEARING USINC THE ATTACHED LEGAL NOTICE FOR THE DAY OF 19 7'9. AP's are attached AP's will follow No AP's Initiated by: Planning Commission Planning Department Petition Appeal Other Adoption of Environmental Status (x) YES NO Refer to Planning Department Extension k 6,701 for additional information. If appeal , please transmit exact wording to be required in the legal . . ' WHITE-CITY ATTORNEY I BLUE-C I TY CLERK CITY OF HUNTN6TON BEACH No. � i GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION s1� Date 7 Request made by Department Ju.ne / p �72 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 lie 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: c3 ti, �'�_ c :? prepare c32 O .? � :ii:C� 3 .Ot) !.� PfJ �G �:'thr1.`�:Y:' 1�'+=. x�O. 9 -D . _ i .' � L. meetinal 7 l Desired effective date Signed: Approved as to availability of funds Director of Finance City Attorney—Please prepare and submit printed copies to this office by: Citv Administrator ( / r REQUEziT FOR CITY COUNCIL ACTION Submitted by Edward D. Selich Department Planning & Env. Resources Date Prepared June 9 , 19 78 Backup Material Attached ® Yes ❑ No Subject Code Amendment No. 78-3 (Bus Benches) City Administrator's Comments Approve recommended action Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE: Transmitted for consideration is Code Amendment 78-3 , which amends provisions relating to benches and advertising within public right- of-way in order to proceed with negotiations with the Bench Ad Com- pany to place bus benches in the City. The Code Amendment would allow placement of bus benches under an exclusive franchise agree- ment. RECOMMENDATION: The Planning Commission and Planning Staff recommend that the Council approve Code Amendment 78-3 . ANALYSIS: PLANNING COMMISSION ACTION ON MAY 16, 1978 : ApprovedCode Amendment 78-3. The Commission also requests that the , proposed franchise agreement with Bench Ad be submitted to the Plan- ning Commission for review prior to approval by the City Council. DISCUSSION: Section 9760. 29 (d) of the Sign Code currently prohibits signs on any public property or any public right-of-way except for signs required under State law. This code amendment would add a further exception to this provision, covering bus benches placed in accordance with a franchise agreement. This arrangement would ensure that no advertising benches are placed in the City other than Bench Ad' s, and that the City can effectively regulate the placement of benches by the franchise holder. Any controls the City may wish to exert over location, design, maintenance, etc. of the benches can be incorporated into the agreement between the City and Bench Ad. Since benches would be permitted only under an exclusive agreement, there is no need to retain the general Plo 3/78 IL Code Amendment 78-3 "Bus Benches" Page Two restrictions on benches contained in Section 12 . 36 of the Municipal Code. It is therefore proposed to delete these provisions except for Section 12. 36. 010 which contains applicable definitions. A new Section 12. 36. 020 would be added which would prohibit advertising bus benches except those placed under a franchise. The code amendment distinguishes between bus benches and bus shelters. If the City at some . future date wished to allow transit shelters in certain locations, a separate franchise could be granted to a transit shelter provider. Alternatively, the City could grant a single franchise for both benches and shelters . ENVIRONMENTAL STATUS: Code Amendment 78-3 is categorically exempt from the provisions of the California Environmental Quality Act. FUNDING SOURCE: The bus bench proposal would not involve any costs on the City° s part other than minor administrative costs associated with review of advertising copy, requests for relocation of benches, etc. This will be offset by the fees collected from Bench Ad (five dollars per bench per year) . ALTERNATIVE ACTIONS: Alternative means of providing bus benches would involve considerably more costs to the City. The City Council may, however, wish to con- sider other code provisions that do not involve franchises, or that do not provide for transit shelters. SUPPORTING INFORMATION: 1. Ordinance 2 _ Staff Report dated May 16, 1978 Respectfully submitted, ��u(.�_ -a Edward D. Selich Secretary EDS:BD:gc hunfington Ix ei planning department sport TO: Planning Commission FROM: Planning Department DATE: May 16 , 1978 SUBJECT: CODE AMENDMENT NO. 78-3 "BUS BENCHES" 1. 0 SUGGESTED ACTION: Approve Code Amendment No. 78-3 amending provisions relating to benches . and advertising within public rights-.of-way in order to proceed with negotiations with the Bench Ad Company to place bus benches in the City. 2. 0 GENERAL INFORMATION: i = i The City Council on March 6, 1978 directed staff to negotiate an agree- men.t. with the Bench Ad Company, and to initiate any code amendments that would be necessary to allow bus benches with advertising to be ; placed within public rights-of-way. This code amendment would amend ; Section 9760 of the Ordinance Code and Section 12 . 36 of the Municipal Code to allow placement of bus benches under an exclusive agreement ; pursuant to Article XIV of .the City Charter ("Franchises" ) . Under the franchise agreement, Bench Ad would be granted the exclusive right to : place bus benches with advertising in the .City. Placement of bus ibenches without advertising would still be allowed, provided that an . encroachment permit is obtained for each bench. Due to the concerns expressed at the Planning Commission meeting of ' May 2 , the wording of the ordinance has been clarified in regard to transit shelters, in order to allow shelters to be provided under a separate franchise agreement. Alternatively, a single franchise could be granted for both bus benches and transit shelters. j 3 . 0 ANALYSIS : Section 9760. 29 (d) of the Sign Code currently prohibits signs on any public property or any public right-of-way except for signs required under State law. The code amendment would add a further exception to this provision, covering bus benches which are placed in accordance with a franchise agreement. This arrangement would ensure that no advertising benches are placed in the City other than Bench Ad' s , and that the City can effectively regulate the placement of benches by the holder of the franchise. Any controls the City may wish to exert over location, design, maintenance, etc.., of the benches could be in- corporated into the agreement between the City and Bench Ad. The agree- ' i ment could also provide for an appropriate fee schedule. AM p ��' l Code Amendment No. 78-3 Page Two Since benches would be permitted only under an exclusive agreement, there is no need to retain the general restrictions on benches presently con- tained in Section 12 . 36 of the Municipal Code. The code amendment would therefore delete these provisions except for Section 12 . 36 . 010 which contains applicable definitions . A new Section 12 . 36 . 020 would be added which would prohibit advertising bus benches except those installed under an exclusive franchise. The prohibition would not apply to non-advertising benches , provided that an encroachment permit for each bench is first obtained from the .City. 4 . 0 ENVIRONMENTAL STATUS : Code Amendment No. 78-3 is categorically exempt from- the provisions of the California Environmental Quality Act . A Notice of Exemption is attached. :ja i NOTICE OF EXE MPT ION TO: File PROJECT,APPLICATION, OR PERMIT NO: Code Amendment 78-3 PROJECT TliTLE/bESCRWION/LOCATION: Amendment to the Ordinance Code and Municipal Code to allow bus benches with advertising under a franchise agreement. PROJECT SPONSOR: City of Huntington Beach EXEMPTION IDENTIFICATION: EVAtegorical Exemption �{ Ongoing Project Vie, L-1 Sec.15070 Class 20 L� Eaaacz-gency Exemption - a Activity not Defined as Project 1—j S�c.15071 ( ) a�: (c) Sec.15037 (b) f j Alinia�ter`.1 Pr Other(Explain) L�J Sec.15073 u nic pr®:ect(Private)is a iewr (a;ri o ar:otlner project for which spa EIR has previously been prepared;the original project and EIR were approved, and there were no substantial changes proposed in the project to involve new e nviroznaental irnpacW not considered in the original EIR. ` (Sec.15067) Original EIR Number: Bate Approved: Pursurmt to the wVUJFGUNLk EPIYI1i,- NMY- Pv'IAL QUALITY ACT OF 1970 and provisions of he IIUNUNGTON 8 H OIS13WAN CE' COOL,which pw ide that an activity is exempt from enviro vnertal evala?ation where it can 5 be dote,rr,'ied w iI cerhiiaty that a0kity will not have a significant effect on the environment,the activity refereaec:,3 htv,-in is iher�afore t raaeterl EMiL?,4-?TtGN STAPUS with the following statement of findings: t 5 } F Assistant Planner March 16, 1978 P� adnTitle oa P'enoz, an-fifring Reqe ujk Date: r i . ORDINANCE NO.,2P.� AN ORDIANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE AND MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS THEREOF FOR THE PURPOSE OF ALLOWING PLACEMENT OF BUS BENCHES WITH ADVERTISING UNDER A FRANCHISE AGREEMENT The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by repealing Chapter 12. 36 entitled "Benches" in its entirety, with the exception of Section 12. 36. 010 and 12. 36. 020 . Section 12. 36. 02.0 is hereby amended to read as follows : efla��-erg ePee-4iie-Ppe-V-1s-ie1rc-e -4,144!e-e1clap4eP- al-1-have ee ��ee-ache -ee - ie-�Re4a-I-Ia4e -a �- ai� eaae-e€ Z2. 36. 020 Franchise . No person shaZZ instaZZ or maintain any bench or transit sheZter which incorporates advertising pane Zs on any street, unless such benches or transit sheZters are instaZZed in accordance with an exclusive franchise granted pursuant to the City Charter. The provisions of this section shaZZ not be construed to prohibit the installation and main- tenance of benches or transit sheZters without advertising paneZs on any street, provided that a permit for each bench or transit. sheZter has been obtained pursuant to Section Z2. Z2. 020 of the municipaZ code. Any bench which is in violation of the provisions of this section at the time of adoption of this ordinance shaZZ be removed within thirty (30) days of the effective date of this ordinance. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by amending Section 9760 . 29 thereof to read as follows : 9760. 29 MISCELLANEOUS SIGNS AND ACTIVITIES PROHIBITED. The following miscellaneous signs and activities are prohibited: (a) Use of Certain Attention Getting Devices . No persons shall use or operate a loudspeaker, sound amplifier, stereopticon, or motion picture machine in connection with any sign or sign structure. MT:ps 6/9/78 1. (b) Use of Live Models or Searchlights. No persons shall use live animals , human beings , or searchlights in connection with any sign or sign structure. (c ) Use of Flashing or Pulsating Parts . No person or persons shall display any sign which incorporates in any manner any flashing, moving, pulsating, or intermittent lighting, except public service signs such as time or temperature units unless approved as part of a planned sign program. (d) Erection of Signs on Public Property or Public Rights- - of-Way Prohibited. No person or persons shall erect , place or display, or cause any such act or acts to be done , any sign or sign structure in, under, on or over any public property or any public right-of-way , except as provided herein. The pro- visions of this subsection shall not prohibit the posting of any sign required by the laws of this State . The provisions of this subsection shaZZ not prohibit the pZacement of bus benches or transit sheZters which incorporate advertising pane Zs within pubZic rights-of-way, provided such bus benches or transit sheZters are placed in accordance with an excZusive franchise for either such bus benches or such transit sheZters, or both, granted pursuant to the City Charter. (e) Obstruction by Signs . No person or persons shall place a sign or sign structure in a manner that may confuse or obstruct the view or interpretation of any official traffic sign, signal, or safety device by vehicular or pedestrian traffic . (f) Exterior or Interior Illumination. Any exterior or interior illumination used in conjunction with a sign or sign structure shall be designed so that it does not directly project onto adjacent property in any residential district or onto a public thoroughfare. (g) Portable Signs . Portable signs shall be prohibited, including signs affixed to automobiles , trucks , trailers or other vehicles where such signs primarily solicit patronage to a specific business through parking such vehicles in the close proximity of the business during business hours for the purpose of specifically directing patronage to such business , and the use and practice in parking such vehicle with the affixed sign to achieve stationary signing. This section does not purport to regulate customary advertising on vehicles in the flow of commerce. SECTION 3 . 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 2 . 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. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: ty Administrator City Attorney MT INIT ATED AND APPROVED AS TO CONTENT: 6). Planning Director 3 .