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HomeMy WebLinkAboutCode Amendment 72-17 - Ordinance 1790 - Sign Regulation - CA Affioavit of PabIfication State rif 'California t County.of Orange ss (rF' City of Huntington Beach ( 4 � 1¢; rge Farquhar, being duly sworn on oath, says: That he is a } �' citizen of the United States, over the age of twenty-one years. Nt f O' That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. The Huntington Beach New was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. Published Huntington Beach News Sept., That the BODE AMENDMENT NO, 72-1� �14, 1972. NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 72-17 of which the annexed is a printed copy, was published in said news- NOTICE IS HEREBY GIVEN that a pub- lic hearing will ,be held by the City Council of the City of Huntington Beach, paper at least O�P, issue in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:00 P.M., or as soon thereafter as possible, on Monday the 2nd day of commencing from the 14th day of September October, 1972, for the purpose of con- sidering a proposed Code Amendment,11 c� initiated by the City Planning Commis- 19� S_, and ending on the 14th day of eptember I sion, to amend Article 976 - Sign Code by amending those sections governing sign height within the R5, Cl, C2, C3, 19-72 , both days inclusive, and as often during said period and C4 and Industrial Districts and establish- ing a twenty-five (25) ft. height limit for times of publication as said paper was regularly issued, and in the r� free-standing signs. Also, amend Section regular and entire issue of said pewspaper proper, and not in a 19762.4 to prohibit flashing, moving and rotating. signs. . supplement, and said notice was published therein on the following All interested persons are invited o dates, to-wit: attend said hearing and express their; op coons for;or against said Code Amend Sept, 14, 1972 men;. Further information ,m'ay be obtained from the..Office' of the Gityi Clerk. DATED: 9/14/72 CITY OF HUNTINGTON-BEACH By: Paul C Jones k a/C City Clerk i_ ublisher Subscribed and sworn to before me this 15 t h day of September 19 72 Notary Public lI - Orange County, California _ -------------- THOMAS D. WYLLIE -� 1 Notary Public-California ®' ®a Orange County ® My Commission Expires 0u 0 September 12, 1974 7,� �I 7 City Clerk City of Huntington Beach The Huntington Beach 01 anning Commission, at their regular/a.d=j_ou ned meeting held o , recommended of ' o O ,• U If approval has been recommended, the City Council will be required to hold a public hearing on this matter. Although .there is a 10 day appeal period, we suggest that the matter be set for the earliest possible City Council meeting, because the purpose of any appeal is to have a hearing before the City Council and this is already being accomplished. We further suggest that you not accept any appealp as .it will serve no purpose. If approval has been recommended other than as requested, the City Council will be required to hold a public hearing on this matter. However, there is a possibility that the Planning Commission's decision will be appealed; therefore, we suggest that publication be held off until the 10 day appeal period has expired. If denial has been recommended, the City Council may summarily deny the request. However, we suggest that the matter not be scheduled on the City Council agenda until the 10 day appeal period has expired. A copy of the Planning Department legal notice, ,anima—�i-st=-a-f—owners=o-f p-r�per--t--y—with-b"00=€eet=G —the=sub=j=eec-t=a=r-ea will be submitted upon your request. 0 0 The applicant in this matter is (Address) 4 ® C �� � (Telephone) • Kenneth R. Reynolds, Planning Director By a - � a ti Number. of E,ccerpts None Publish Oncu LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 7 2 a 1 7 NOTICE IS HEREBY GIVEN that a public hearing will. be held by the City Planning Commission of the City of Huntin to Beach for the purpose of considering a Proposed Coda )nenndment to amand Article 976 - Sign Code by amending those sections governing sign height within the Rya C1a C29 C30 C4 anti industrial Districts and establishing a twenty-fiv,e (25) ft. height limit for freemst. nding signs. Also. amend Section 9762.4 to prohibit fla.shingo moving and rotating signso Said hearing will be held at the hour of 7:00 ,nSeptember 69 1972 9 in the Council Chamber of the Civic Center, untin.gton ?'r-a' ch, California, nn 5th Street between Main Street nd Ora.ngevenue, All in? :rested persoris ai, inv ted to attt,nd saic; hearing and express their opinion,,-, for or against the proposed Code Amendment Further information may b- obtained from the City Planning Dcpartment. To I k-,,lione No 536-5271 DATED t T lt 24th Auguste 1972 i: trT� �� I' CITY PLANNING COMMISSION By K.A. neynols Secretary s J. J. SHEA 2110 MAIN STREET t; HUNTINGTON BEACH, CALIFORNIA 92646i. i October 31 , 1972 �� City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 t. Attention: Mr. David Rowlands Administrator Gentlemen: The H.O.M.E: Council Sign Committee has been reviewing the City's proposed ordinance changes limiting free-standing signs to 25' in height and prohibit- ing revolving, spinning, animated or moving signs. Concerning revolving types of signs, the Committee finds it most difficult to evaluate the value of such signs to the community without some information on their effect on business activity, i .e. , gross sales, sales tax, etc. '` While wanting to control unnecessary signs we also recognize that a healthy `. business climate is important to all of us. We r.:quest. thereforp. iila% tnlfS be %i.1 Towel{ to nevi-I.1 a+Ylafr�Ir�r -informntinn i-i,n City has on the effect on business activity that such types of signs might r have or at least the effect of signs in general . We hear many tales of the depressing effect that certain sign controls have and the stimulating effect �� - that other degrees of sign control have but we cannot distinguish fact from fiction. If the requested information is not already gathered, we recommend that the City review the effects of the various degrees of sign control in other cities so that a sound decision based in fact and benefitting our entire City can be made. We suggest that such review include our neighboring cities of Westminster, Fountain Valley, Costa Mesa and Newport Beach, plus others which we understand have had sign control experience such as Hermosa Beach, Vista, Chula Vista, Arcadia, Inglewood and Oxnard. This information is needed and will be most helpful not only in considering the pending sign code change affecting revolving signs , Phase I of the City's 4 ; proposed Sign Code revisions , but will be of --ven greater value in reviewing the Phase II and the comprehensive Phase III proposed revisions outlined in Mr. Reynolds' letter to us of August 24, 1972. 4`, 4 1lery truly yours, �For; Home Council Sign Committee ' �`J Chairman: Ken Kerins S 'EMENT OF THE ACTION OF CITY C( :IL !y Council Chamber, City Hall Huntington Beach, California Monday, November 6, 1972 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Duke, Coen Green - (arrived at 7:15 P.M.) Councilmen Absent: None :.; x4c�: ;ti'icx; 4c cx.c:cx 4cx;4;'c9cJ.c �c:; xkxJ,c csr c4c9c;::c:c�c ; r„ ; c;.4c% CODE AMENDMENT NO. 72-17 - APPROVED - ORD. NO. 1790 - FIRST READING The Clerk presented Code Amendment No. 72-17 - initiated by the Planning Commission, on which a public hearing had been held on October 2, 1972, and Council decision de- _ ferred to this date, Code Amendment No, 72-17 proposes to amend Article 976 - Sign Code - by amending those sections governing sign height within the R5, Cl, C2, C3, C4 and Industrial Districts and establishing a twenty-five (25) foot height limit for free-standing signs. Also, amends Section 9762.4 to prohibit flashing, moving and rotating signs. i Discussion was held by Council on the proposed Code Amendment. Mr. Brian Parkinson, representing the Home Council Sign Committee, addressed Council concerning the or.ganization' s position on the proposed code amendment. Mr. Jerry Shea, representing the Home Council Sign Committee, informed Council that, the committee believed more information should be gathered before a decision is made on the proposed code amendment. I Considerable discussion was held by Council. I A motion was made by Gibbs to approve Code Amendment No. 72-17 and was passed by I! the following roll call vote: AYES: Councilmen: Shipley, Gibbs, Green, Matney, Duke, Coen . j NOES: Councilmen: Bartlett ABSENT: Councilmen: None I Mr. R. P. Bacon, 21432 Pensacola Circle, City, Sign Committee member, addressed Council regarding the committee's proposal that provisions be ade inthe code amendment to allow for signs of greater height than 25 feet, and the Council informed Mr. Bacon that the code amendment contained such a provision. Mr. M. Cavanaugh, representing Edwards Cinema, addressed Council regarding the pro- f visions of the code amendment pertaining to flashing, rotating and moving signs. Considerable discussion was held by Council concerning; the amortization method of phasing out the City' s non-conforming signs. Mr. Conrad Lacy, representing Angels Home Center, City, addressed Council concerning various aspects of the proposed sign code. i Mr.. Jim Cormier, 16432 Whittier Lane, City, addressed Council regarding the matter. i The Clerk was directed to read Ordinance No. 1790 by title - "AN ORDINANCE OF THE ! CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION (b) OF SECTION 9764.4. 1, AND AMENDING SECTIONS 9762.4, SUBSECTION (b) OF SECTION 9763. 1.5.2, SUBSECTION (g) OF SECTION 9763.2, SECTIONS 9764.2. 1. 3, AND 9764.3.2, AND ADDING THERETO SECTION 9764.4.3, ALL PERTAINING TO SIGN REGULATION IN SAID CITY.!' On motion by Gibbs, Council waived further reading of Ordinance No. 1.790 by the follow- ing roll call vote: AYES: Councilmen.: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES : Councilmen: None ABSENT: Councilmen: None Page #2 - Council State t of Action - 11/6/72 a On motion by Shipley, the regular meeting of the City Council of the City of .. Huntington Beach adjourned at 12:15 A.M. The, motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Alvin M. Coen ATTEST: Mayor Paul C. Jones City Clerk STATE OF CALIFORNIA ) j County of Orange ) ss : City of Huntington Beach ) I I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of. the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their I regular meeting held on the 6th day of November, 1972. J WITNESS my hand and seal of the said City of Huntington F3each this the 8th day of November, 1972. 1 Paul C. ,_bones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy i I i i I 1 I .i (c) eA- p STATEMENT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, October 2, 1972 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Shipley, Bartlett, Green, Matney, Duke, Coen Councilmen Absent: Green PUBLIC HEARING - CODE AMENDMENT NO. 72-17 - CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-17 - initiated by the Planning Commission, to amend Article 976 - Sign Code - by amending those sections governing sign height within the R5, Cl, C2, C3, C4 and Industrial Districts and establishing a twenty-five (25) foot height limit for free-standing signs. Also, amend Section 9762.4 to prohibit flashing, moving and rotating signs. The Clerk informed Council that all legal requirements for publication and posting had been met, and that he had received no communications or written protests to Code Amendment No. 72=17 or to the recommendation of approval by the Planning Commission. Mayor Coen declared the hearing open. Discussion was held between the Council and Planning Director relative to the Planning Commission's reasons for their recommendation that the proposed code amendment be approved. Mr. _Charles Dalbey, 19341 Beach Boulevard, City, representing the Board of Realtors, addressed Council in opposition to the code amendment. Mr. Jerry Kenefick , 17191 Englewood Circle, City, addressed Council concerning the importance of good sign control in the community. **Mr. David Fredenburg, representing the Chamber of Commerce, addressed Council and stated the opinion that any major change in the present sign ordinance would be in- advisable, and requested a continuance of this matter so that the Chamber may meet with homeowner groups to gather more data and present recommendations to Council. Mr. Ralph Kiser, Manger, Chamber of Commerce, addressed Council and requested that they defer a decision on this matter for 60 days. Mr. Brian Parkinson, Vice-President of Home Council, addressed Council on the proposed code amendment. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council deferred decision on Code Amendment No. 72-17 for 30 days by the following vote: AYES: Councilmen: Shipley, Matney, Bartlett, Coen NOES: Councilmen: Gibbs, Duke ABSENT: Councilmen: Green On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:30 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green, -Matney Paul C. Jones City Clerk and ex-officio Clerk of the City Cojncil of the City ATTEST: of Huntington Beach, California Paul C. Jones City Clerk Alvin M. Coen Mayor L_,y ®f Huntington Beach County ®f Orange State ®f California Affidavit ofPublication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk BY Deputy Clerk O s �d Huntington Beach Planning ® i sion P.O. BOX 990 CALIFORNIA 92648 September 15, 1972 �- TO: HONORABLE MAYOR AND CITY COUNCIL, FROM: Planning Commission RE: Code Amendment No. 72-17 ATTN: David D. Rowlands, City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 72-17. Said amendment proposes to amend Article 976 - Sign Code by amending those sections governing sign height within the R5, Cl, C2, C3, C4 and Industrial Districts and establishing a twenty-five (25) ft. height limit for free-standing signs. Also, to amend Section 9762.4 to prohibit flashing, moving, and rotating signs. The Planning Commission, by a majority vote, approved . Code Amendment -fio 72-17 at its September 6, 1972 meeting, and recommends approval by your Honorable Body. The State Planning Act requires that a public hearing be held after which the Code Amendment may be adopted by ordinance. Respectfully submitted, K.A. Reynolds Secretary KAR:jh Encl: Code Amendment No 72-17 MEMORANDUM TO: Planning Commission FROM: Planning Department -� RE: Code Amendment No. 72-17 DATE: September 6, 1972 This proposed code amendment was set for public hearing before the Planning Commission at the August 15, 1972 meeting; however, the amendment was continued to the adjourned Planning Commission meeting of August 22 , 1972 , because of a failure b to obtain four (4) affirmative votes for approval or denial . At the August 22nd meeting the Staff outlined major points discussed by the Commission for review and verification. It was a ,consensus of the Commission to restructure the amend- ment to prohibit flashing, moving, animated, pulsating, spin- ning and rotating signs anywhere on a parcel and to reduce the maxirm-im sign height for all freestanding signs to 25 feet . The :�taf. f has revised Code Amendment No. 72- 17 , pursuant to Commission direction and r.eadvertised the public hearing to be held September 6th meeting. The Staff will be prepared to discuss all revisions at that time . 1�� r I SECOND DRAFT - STAFF REVIEW Proposed Code Amendment No. 72-17 y be generally referred to as: SIGN VIVIFICATIONS°_ �4 That the following changes are proposed to the Huntin ton Beach Ordinance Code: The intent being to amend Article 971 (Sign Code) by amending those sections governing the sign height limitations within the R5 , Cl, C2 , C3, C4, and Industrial District and establishing a twenty-five (25) foot height limit for all free- standing signs . Also , to amend Section 9762.4 to prohibit flash- ing, moving, and rotating signs . Said changes shall read as follows: . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (M) REPEALED: S. 9764.4. 1 (b) :10 RENUMBERED: (none) 12 AMENDED. (all) S. 9762.4 Use of Flashing or Pulsation Parts: . No person, or as persons , shall display any sign, painted on, or at- tached to , a bench; any arrow, bull' s eyes spotlight, rotating beacon, spinning or any other novelty signs whatsoever; nor any 16 flashing, moving, animated, spinning, rotating, - or pulsating 17 signs whatsoever whieh-do-net-ee-ata.in-advert!ieing-eapy except 18 public service signs such as those providing time and temperature . information. 20 S. 9763. 1.5. 2 (b) Height of Signs. The. maximum sign height 21 limitation for temporary directional signs 22 shall not exceed twenty-five (25) feet. S. 9763. 2 (g) The maximum sign height shall not exceed thirty- S fiye435) twenty-five (25) , except a wall sign which may be 25 permitted subject to the approval of a use permit application 2 by the Planning Commission, 1 28 - 1 of 2 Y (2nd; 72-17; 28Aug72) (O=P & C•I)& S . 9764. 2. 1 .3 Maximum Height in Office-Professional and Cl District: 2 Signs in the office-professional and Cl districts shall net have a maximum height limitation- greater-tkan-tEkirty- five-(354 of twenty-five (25) feet. C12.09C4) 6 S. 9764. 3. 2 Maximum .Height in the C2, C3, and C4 Districtsi 6 Signs in the C2, C3 , .and C4 Districts shall have a . maximum height limitation of twenty-five (25) feet. The-maxinnim . . . . . . . . . . . . . . < . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . > . . . . . .. . . . . . . 9 ADDED: (M) 10 S. 9764.4. 3 Maximum Height in Industrial Districts: Signs in 9.�. the industrial districts shall have a maximum height 12 limitation of twenty-five (25) feet. . . > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . 0 . . . . . . . . . . . . . . . . . 16 17 18 19 20 21 22 28 24 25 26 27 t 28 2 of 2 �a 4 ORDINANCE NO i AN ORDINANCE OF THE CITY OF HUNTINGTON .BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION (b ) OF SECTION 9764 . 4. 1, AND AMENDING SECTION 9762. 4. SUBSECTION (b) OF SECTION 9763 . 1. 5. 2, SUBSECTION (g) OF SEC- TION 9763 . 2, SECTIONS 9764 . 2. 1. 3, AND 9764 . 3.2, AND ADDING THERETO SECTION 9764 . 4 . 3, ALL PER- TAINING TO SIGN REGULATION IN SAID CITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Subsection (b) of Section 9764 . 4. 1 of the Hunt- ington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Section 9762. 4,. subsection (b) of Section 9763. 1. 5. 2, subsection (g)' of Section 9763 . 2, Section 9764.2. 1 . 3 and Section 9764 . 3 . 2 to read as follows : 9762. 4 . USE OF FLASHING OR PULSATING PARTS . No person, or persons , shall display any of the following: any sign painted on, or attached to a bench; any arrow, bull ° s eye, spotlight , .rotating beacon, spinning or any other novelty signs whatsoever; nor any flashing, moving, animated, spinning, ro- tating, or pulsating sign whatsoever except public service signs such as those providing time and temperature information. 9763. 1 . 5 . 2(b ) Height of Sign . The maximum sign height limitation for temporary directional signs shall not exceed jj twenty-.five (25) -feet . 1 9763 . 2(g) The maximum ,sign height shall not exceed twenty-five ( 25) feet,' except a wall sign which may be permitted j subject to the approval of a use permit ' application by the ` Planning Commission. 9764. 2 . 1. 3. MAXIMUM HEIGHT IN OFFICE PROFESSIONAL AND ( Cl DISTRICTS . Signs in the office professional and Cl districts 4 shall have a maximum height limitation of twenty-five ('25) feet . 9764 . 3 . 2 .. MAXIMUM HEIGHT IN THE. C2 , C3 AND C4 DIS- TRICTS . Signs in the C2, C3 and C4 districts shall have a WM:ahb r� F maximum height limitation of twenty-five (25) feet`. SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding thereto Section 9764. 4. 3 to read as follows : 9764. 4. 3. MAXIMUM HEIGHT IN INDUSTRIAL DISTRICTS . Signs in the industrial districts shall have a maximum height limi- tation of twenty-five (25) feet . SECTION 4 . The provisions of this ordinance insofar as they are sub tantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject . matter shall be construed as restatements and continuations and not as new enactments . SECTION15. This ordinance shall take effect thirty days after its adoption.. The City Clerk shall certify to the passage of this ordi ance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of .gengral 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 , 1972. Mayor ATTEST: APPROVED AS TO FORM: City Clerk ity At orn 2 . ti Publish 9/14/72 Postcards 0 PUBLIC HEARING SET FOR:-.....��-r�-- ............. NOTICE OF PUBLIC HEARING �y � C .�..._..�..--------- •-•------...... CODE AMENDNVT N0. 7 2-17 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 7:00 P.M. , or as soon thereafter as possible, one the 2nd day of October , 19 72 , for the purpose of considering a proposed Code Amendment, initiated by the City Planning Commission, to amend Article 976 - Sign Code - by amending those sections governing sign height within the R5, C11, C2, C3, C4 and Industrial Districts and establishing a twenty-five (23) ft. height limit for free-standing signs. Also, amend Section 9762.4 to prohibit flashing, moving and rotating signs. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment . Further information may be obtained from the Office of the City Clerk. DATED: 9/14/72 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City Clerk j�, page #2 - Council Statement of Action - 10-2-72 STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 2nd day of October, 1972. WITNESS my hand and seal of ,the said City of Huntington Beach this the 6th day of October, 1972. Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, Californ BY: ct x i Deputy L