ORD-11-87 URGENCY MEASURE REQUIRING A CONDITIONAL USE PERMIT FOR BILLBOARD SIGNSORDINANCE NO. 11-
87 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN URGENCY MEASURE
RE-QUIRING A CONDITIONAL USE PERMIT AND OTHER
REGULA-TIONS FOR THE ESTABLISHMENT OF BILLBOARD
SIGNS.WHEREAS, the Orange Municipal Code sets forth
comprehensive regulations for the establishment and location of general
signs and advertising structures in the City;
and WHEREAS, for many years this code generally prohibited
the establishment of general or billboard advertising signs
known familiarly as "billboards";
and WHEREAS, nevertheless, this aforementioned code has
allowed the establishment of certain types of off-site
signs; and WHEREAS, as a result of permitting certain limited
types of off-site signs, certain provisions of Chapter 17.78
of the afore-mentioned code have been declared by the Federal
District Court to be unconstitutional, which decision is now on
appeal before the Ninth Circuit Court
of Appeals; and WHEREAS, despite the District Court's
decision, the City contends that the other sign provisions of its
Municipal Code, in-cluding Chapter 17.78, apply to the pending
and future billboard sign applications, and the Council desires to reaffirm
this by the
instant legislation; and WHEREAS, applications for billboardsarecurrentlypendingwith
the City; and WHEREAS, as to any pending and
future billboard applica-tions, the City desires to reaffirm its
existing standards and,further, establish new standards for the review
of any such
billboard applications; and WHEREAS, because of the adverse impact
which billboard signs can produce on adjacent areas, the City
Council has determined that pending or future billboard applications
should require a conditional use permit for each such sign and
that such condi-tional use permit applications should be limited to
the M-1 (light manufacturing) district and the
M-2 (industrial) district and,further, such applications should
be subject to the structural,design, and other requirements imposed
upon all signs as those requirements are more specifically
set forth in
the Orange Municipal Code; and WHEREAS, it is intended by
this Ordinance enacted as an urgency measure to apply the
provisions hereof to pending and future applications for billboard
signs filed with the City.NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF ORANGE
section I:
After the effective date of this ordinance, all pending and
future applications for any billboard signs as defined in the
Orange Municipal Code shall require the applicant, for each such
sign, to file an application for conditional use permit pursuant
to the provisions of Chapter 17.92 of the Orange Municipal Code.
Such conditional use permit shall be permitted to be filed only as
to real property classified in the M-1 (light
manufacturing)district and the M-2 (
industrial) district.In addition, all billboard applications shall conform
to all structural, mechanical, design and other requirements
of the Orange Municipal Code governing various types of
signs including,but not limited to, ground signs, wall signs,
projecting signs,and roof signs. Furthermore, no parcel of real property
shall be permitted to vary from the location and site standards
or to exceed the size requirements set forth in Chapter 17.78
of the Code. Neither shall anyone parcel of property be
allowed more than one billboard. No separate parcel of property
shall be permitted to have located thereon any billboard in excess
of the sign area allowed to that parcel pursuant to Chapter 17.
78. For example, a billboard which qualifies as a ground sign
shall be limited to the maximum size of such a sign as set forth
in Chapter
17.78.The size of any billboard proposed to be located
on any parcel of property on which other signs are located
shall be limited as to size and advertising area in accordance
with the limitations contained in Chapter
17.78.
section II:In addition to review by the Planning Commission,
review and approval of the City Council also shall be required of any
of the aforementioned conditional use permit applications filed
for the M-1 and M-2 zones. No permits
for construction of billboards shall be issued except after approval of
the Design Review Board which shall review all such applications
for compliance with the provisions of the Orange Municipal
Code and particularly Chapter 17.78 dealing with flashing,
blinking, lighting, and mechanical moving parts limitations as set forth
in said Chapter. In addition, no billboard sign shall be
approved which fail to combine its advertising copy
or message within rectangular
boundaries of
the sign.section III:Nothing contained herein shall be
construed to permit the erection of any billboards which
violate any Municipal Ordinances,policies, or any other applicable local,
state, or federal laws.Neither shall any billboard be permitted
to be constructed or located closer than 660 feet from the
property
line of any freeway.Ord. No.
section IV:
The provisions of the Interim Ordinance adopted as an
urgency measure shall become effective immediately upon approval
of this Ordinance and shall continue in effect for forty-five (
45)consecutive days from the date of adoption. The passage of
this Interim Ordinance shall in no fashion prevent the city
from passing revised, modified, or supplemental restrictions
applying to pending or future billboard applications, or
existing
billboards.Section
V:If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid or
unconsti-tutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City council
declares that it would have passed this Ordinance, and each section,
sub-section, sentence, clause and phrase thereof, irrespective of
the fact that anyone or more sections, subsections,
sentences,clauses or phrases have been declared invalid or
unconstitutional,and if for any reason this Ordinance shall be declared invalid
or unconstitutional, then the remaining provision or provisions
of the Ordinance shall be in full force and
effect.Section
VI:The facts constituting the enactment of this Ordinance as
an urgency measure are as
follows:The ruling of the Federal District Court in the case
of National Advertisinq Companv vs. Citv of Oranqe. et al.
held portions of the City's sign regulations governing billboards to
be constitutionally invalid thus requiring that the city
immediately enact an ordinance to reaffirm existing rules and establish
new rules to review and approve billboard applications. In view
of the fact that many persons, firms, or corporations seek or
propose to seek permits for the construction of billboards within
the City, it is important that the City immediately enact
such ordinance. Failure to adopt an interim ordinance may
adversely affect the safety, health, and welfare of the City ofOrangeinasmuchasbillboardapplicationsmaybefiledwithout
adequate standards to review and process these applications with a view
to the orderly growth and development of the city. This Ordinance
is adopted pursuant to section 65858 of the California
Government
Code.ADOPTED this 6th day of April,
1987.
Ma
ATTEST:qA"r/ (}~
t7~city Clerk the ~y
Orange 3 -Ord. No. 11-87
l. _.~_._ _~______~_ ..~----.. ~_.-~--~--. .~-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 No.11-87 was regularly introduced,
reading in full was waived, was read by Title, was
passed and adopted at a regular meeting of the City Council, City of
Orange, California held on the 6th day of April, 1987, by the
following vote to wit:AYES: COUNCILMEN: SMITH, BARRERA,
MAYOR PEREZ, BEYER, COONTZ NOES: COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE 1J,~)~~
City Clerk the
itp'
of Orange Ord. No. 11-87
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