ORD-26-86 URGENCY MEASURE DECLARING A MORATORIUM ON THE PROCESSING OF APPLICATIONS FOR BILLBOARD SIGNS AND THE CONSTRUCTION OF BILLBOARD SIGN STRUCTURESORDINANCE NO. 26-
86 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN
URGENCY MEASURE DECLARING A MORATORIUM ON
THE PROCESSING OF APPLICATIONS FOR
BILLBOARD SIGNS AND THE CONSTRUCTION OF
BILLBOARD SIGN
STRUCTURES.WHEREAS, Chapter 17.78 of the Orange Municipal
Code sets forth the City's sign regulations;
and WHEREAS, with certain minor exceptions, that
Chapter provides that there shall be no general or billboard
advertis-ing signs;
and WHEREAS, in a recent ruling in the case of
National Advertising Company v. City of Orange, et al., a
Federal Judge held portions of Chapter 17.78, including the
prohibition against general or billboard advertising signs, to be
unconsti-tutional;
and WHEREAS, the effect is that the City of Orange is
now left without reasonable regulations concerning general
or billboard advertising signs;
and WHEREAS, the public safety, health and welfare
require that the City Council, Planning Commission and City
staff should have adequate time to study this matter and to
develop and adopt reasonable and constitutional measures
concerning the regulation of general or billboard advertising
signs;
and WHEREAS, California Government Code Section
65858 provides for the adoption of an interim ordinance as
an urgency measure for such situations;
and WHEREAS, if an interim ordinance is not adopted
at once, general or billboard signs may be erected which may
be inconsistent with the orderly growth and development of
the
City.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
Section I:
In accordance with California Government Code Section
65858, the City Council of the City of Orange hereby declares
a moratorium on the processing of applications for permits
to erect or construct general or billboard signs within the
City. This moratorium will allow time for the City Council,
Planning Commission and City staff to study and consider
appropriate measures and to adopt reasonable regulations.
This moratorium shall become effective at once and shall
remain in effect for the period of time permitted by law,
unless sooner amended or repealed by further action of the
City Council.
Section II:
The facts constitution the enactment of this Ordinance
as an urgency measure are as follows:
The ruling of a Federal Court in the case of National
Advertising Company v. City of Orange, et al., held portions
of the City's sign regulations to be constitutionally invalid,
including the prohibition against general or billboard
advertising signs. The effect of this ruling is to leave
the City without any reasonable regulations for general or
billboard advertising signs. The City Council, Planning
Commission and City staff need adequate time to study this
matter and to adopt reasonable and constitutional regulations
for such signs. An interim ordinance is necessary to provide
the needed time. Failure to adopt an interim ordinance
declaring a moratorium against the processsing of permit
applications for general and billboard advertising signs may
be adverse to the safety, health and welfare of the City of
Orange because general or billboard advertising signs may be
erected which are inconsistent with the orderly growth and
development of the City. This Ordinance is adopted pursuant
to Section 65858 of the California Government Code.
ADOPTED this 26th day of August 1986.
Orange
ATTEST:
ORD 26-86 2 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance
was introduced at the regular meeting of the City Council
held on the 26th day of AUilust , 19 JlJi., and
thereafter at a regular meeting of said City Council duly
held on the 26th day of Au~ust , 19 JlJi. was duly
passed and adopted by the following vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM,
PEREZ, BEYER
COUNCILMEN: NONENOES:
ABSENT:COUNCILMEN: NONE
Ci~he~y~
3 -ORD 26-86 I