HomeMy WebLinkAboutSign Code Update (HBZSO Section 233) Submitted by Councilmem RP/2oVLP 6-o-/
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City of Huntington Beach
File #: 22-934 MEETING DATE: 11/15/2022
Subject:
Submitted by Councilmember Kalmick - Sign Code Update (HBZSO Section 233)
Recommended Action:
Direct the City Manager and City Attorney's office to review our Sign Code (HBZSO Section 233)for
compliance with these two Supreme Court rulings and any other rulings not listed here and bring
back any necessary Zoning Text Amendments to the Planning Commission and City Council in Q1
2023. Additionally, direct staff to bring back by the end of the 2023 an analysis of our noncommercial
sign policy and make any recommendations for modification.
Attachment(s):
1. Councilmember Memo
City of Huntington Beach Page 1 of 1 Printed on 11/9/2022
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: DAN KALMICK, CITY COUNCIL MEMBER
DATE: NOVEMBER 15, 2022
SUBJECT: SIGN CODE UPDATE(HBZSO SECTION 233)
The last comprehensive update to our City's Sign Code was made on April 6th, 2015,
approximately two months before the Supreme Court decision in Reed v. Gilbert, Arizona
determined that content-based restrictions or restrictions that were applied differently
depending on the message are prohibited. Since our Sign Code differentiates between
commercial and non-commercial speech, which requires the City to 'read' the signs to
differentiate between the two, I believe that we may need to review our sign code for compliance
with this Supreme Court Case.
More recently on April 215t, 2022,the Supreme Court ruled in the case of Austin,Texas v. Reagan
National Advertising.This case involved off-premise and on-premise signs and ruled that they are
inherently content neutral, rather than location based. To better regulate signage in the City, I
believe the City Attorney's Office should review and make recommendations regarding our Sign
Code and this case as well.
Making sure our Sign Code is enforceable as well as limiting any legal exposure is paramount.
Finally, I believe it is prudent to review how the City treats noncommercial signage. Huntington
Beach is one of the few cities in Orange County that allow noncommercial signs in the public right
of way and our"if you can't beat'em,join 'em"decision to allow this should be reviewed.Visual
blight is not something the City should support in its rights of way. Additionally, the way we
enforce signage in a time,place,and manner on private property, namely walls and fences should
be reviewed, heavily leaning towards protecting first amendment rights while balancing
aesthetics and safety.
RECOMMENDED ACTION
Direct the City Manager and City Attorney's office to review our Sign Code (HBZSO Section 233)
for compliance with these two Supreme Court rulings and any other rulings not listed here and
bring back any necessary Zoning Text Amendments to the Planning Commission and City Council
in Q1 2023. Additionally, direct staff to bring back by the end of the 2023 an analysis of our
noncommercial sign policy and make any recommendations for modification.
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