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HomeMy WebLinkAbout2008 - June 2C.~oo.~. a 3 Planning Commission Minutes June 2, 2008 1 of 4 Final Minutes Planning Commission City of Orange June 2, 2008 Monday-7:00 p.m. PRESENT: Commissioners Imboden, Merino, and Steiner ABSENT: Commissioner Whitaker STAFF PRESENT: Ed Knight, Assistant Planning Director Ted Reynolds, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION: Chair Steiner opened the Administrative Session @ 6:40 p.m. with a review of the Agenda. Consent Calendar: Item #l, Approval of the May 19, 2008 minutes. No changes or corrections noted. Commissioner Merino stated he would abstain from the approval of the minutes, as he was not present at the May 19 meeting. New Hearing: Item #2, Ordinance No. 3-08, Regulation Regarding Hand Held Signs. Chair Steiner asked what the motion on this item would be? Ed Knight, Assistant Planning Director, stated the motion, if approved, would be a recommendation to City Council. Ted Reynolds, Assistant City Attorney, stated he would be presenting a short video for the Commissioners and public to view. He also stated he had not been involved in preparing the ordinance, however, he was prepared to provide answers based on the information he had been provided. Chair Steiner stated he would ask for clarification on any existing law and he would discuss the constitutional ramifications demonstrating commercial speech vs. political speech. He questioned the reason for some of the documents included in their packets? Mr. Knight stated the documents he referred to, which were from Cal Trans, were included in the Staff Report to demonstrate the safety significance of the proposed ordinance. Commissioner Merino clarified that the ordinance would pertain to the public right-of- way and not private property. He would ask for clarification in the situation that a hand held sign would extend from private property onto the public right-of--way and how the ordinance would govern that situation. Chair Steiner stated that was a good point and it would be important for the public to hear that information. Other information: Chair Steiner asked for any news from City Council? Mr. Knight stated there was nothing new to report. Page 1 of 4 Pages Planning Commission Minutes June 2, 2008 2 of 4 Commissioner Merino stated he felt the issue regarding Day Laborers and been resolved as the numbers from areas in the City had visibly diminished. He gave credit to Staff for crafting the ordinance that regulated Day Laborers. Chair Steiner stated it was early on from the implementation of the ordinance and time would be a factor; he hoped the ordinance would continue to be successful. Administrative Session closed @ 6:50 p.m. PUBLIC PARTICIPATION: None CONSENT CALENDAR: (1) APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF MAY 19, 2008. Chair Steiner made a motion to approve the minutes from the regular meeting of May 19, 2008 as written. SECOND: Commissioner Imboden AYES: Commissioner Imboden and Steiner NOES: None ABSTAIN: Commissioner Merino ABSENT: Commissioner Whitaker NEW HEARINGS: MOTION CARRIED (2) ORDINANCE NO. 3-08 -REGULATIONS REGARDING HAND HELD SIGNS A proposal to amend the Zoning Code to place limits on the size, location and number of hand-held commercial signs on the public right-of--way and require a permit for such signs. NOTE: Ordinance No. 3-08 is categorically exempt from the provisions of California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class 5 -Exemption-Minor Alterations to Land Use Limitations) because requiring additional sign regulations is a minor alteration to land use limitations imposed on properties and does not result in any change to land use or density. RECOMMENDED ACTION: Staff recommends that the Planning Commission adopt Resolution No. PC 17-08, recommending that the City Council adopt Ordinance No. 3-08 adding regulations with regards to hand held signs. Page 2 of 4 Pages Planning Commission Minutes June 2, 2008 3 of 4 Assistant City Attorney, Ted Reynolds, presented an overview of the ordinance consistent with the Staff Report and presented a video regarding hand held signs from a FOX news report in Los Angeles. Chair Steiner opened the discussion for any questions to Staff. Commissioner Merino asked if the ordinance specifically addressed the use of hand held signs on private property, and asked for clarification if a property owner or business had a person holding a sign on their property and the sign crossed over onto public property would that be permitted? Mr. Reynolds stated the ordinance would address that situation, as the ordinance included language that a hand held sign could not protrude onto the public right-of--way. Commissioner Merino clarified that on private property the person holding the sign would need to be well within the private property line, and the ordinance was addressing public safety in that situation. Chair Steiner asked in regard to the regulation of structures in the public right-of--way, in Subsection 8, page 3, would that prohibit a person from sitting in the public right-of--way? Mr. Reynolds stated the ordinance prohibited structures, such as a stool or chair from being placed in the public right-of--way to be used while holding a sign. The ordinance also addressed the size, location and number of signs allowed in the public right-of--way. Chair Steiner clarified that the ordinance could not regulate political speech and that the standards for regulation of commercial speech were lower than that of political speech. Mr. Reynolds stated that was correct. Chair Steiner asked what the penalty provision of the ordinance involved? Mr. Reynolds stated the provisions for penalty were contained in the Orange Municipal Code and violation of the ordinance could be treated as a misdemeanor or a fine could be imposed. Chair Steiner opened the hearing to Public Comment, there was none. Commissioner Merino stated he was in favor of the ordinance based on two key points, the first, for not seeking to regulate the use of hand held signs on private property and the second point being that of public safety. Commissioner Imboden stated he concurred with his fellow Commissioner. Page 3 of 4 Pages Planning Commission Minutes June 2, 2008 4 of 4 Commissioner Merino made a motion to adopt PC 17-08, recommending Ordinance No. 3-08, Regulations Regarding Hand Held Signs, to the City Council. SECOND: Commissioner Imboden AYES: Commissioners Imboden, Merino, and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Whitaker (3) ADJOURNMENT Chair Steiner made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on Monday, June 16, 2008. SECOND: Commissioner Imboden AYES: Commissioners Merino, Imboden, and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Whitaker MOTION CARRIED MEETING ADJOURNED @ 7:22 P.M. Page 4 of 4 Pages