ORD 01-19 Conversion of Existing Billboards to Electronic BillboardsORDINANCE NO. Ol-19
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING MITIGATED
NEGATIVE DECLARATION NO. 1860-18,
REPEALING AND DELETING CHAPTER 5.62 OF
THE ORANGE MUNICIPAL CODE IN ITS
ENTIRETY, AND AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE BY ADDING SECTION
17.36.180 REGULATING THE CONVERSION OF
EXISTING BILLBOARDS ALONG FREEWAY
CORRIDORS TO ELECTRONIC BILLBOARDS.
WHEREAS,Section 5412 of the Outdoor Advertising Act(Bus.&Profs. Code, §5200
et seq) encourages local governments and owners of billboards to enter into relocation
agreements, pursuant to which local governments can continue development in a planned
manner without expenditure of public funds,.,while allowing the continued maintenance of
private investment and a medium of public communication; and
WHEREAS, the City's municipal code does not currently allow the construction and
operation of a digital billboard within the City's jurisdictional boundaries through a relocation
agreement, though California state law authorizes such, and the City municipal code would
require the adoption of an ordinance amendment establishing standards that, pursuant to the
provisions of the Orange Municipal Code, Minor Site Plan Review, and the terms of a
relocation agreement, an outdoor advertising media company may rehabilitate and operate a
digital billboard in place of an existing static billboard in exchange for the removal of existing
billboards at other locations (the"ordinance amendment"); and
WHEREAS, the CiTy has entered into an agreement with Outfront Media, LLC, for
the right to operate a digital billboard, wholly contingent upon the City adopting an ordinance
that would regulate the conversion of the existing sta.tic billboard to a digital billboard; and
WHEREAS, the City has not committed to any particular course of action by
tentatively_entering into the aforementioned agreement,but is,making an effort to reduce visual
blight within its jurisdictional boundaries and other nearby areas visible to the City's residents,
by removing existing billboards on local roadways in exchange for allowing digital billboards
along the freeway corridor; and .
WHEREAS, to the extent that the passage of the ordinance amendment would have
any reasonably foreseeable,non-speculative environmental impacts,the ordinance amendment
has been evaluated in Mitigated Negative Declaration No. 1860-18, prepazed pursuant to the
California Environmental Quality Act ("CEQA"), consistent with the findings in Section III
below; and
WHEREAS, the Planning Commission, having considered the proposed ordinance
amendrrient at a public hearing held on December 3, 2018, including review of the staff report
and having invited public testimony on the item, has determined the proposed amendment is
justified and recommends approval thereof; and
WHEREAS, the City Council held a duly advertised public hearing on January 8,
2019, for the purpose of considering the ordinance amendment, as proposed below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Title 5 of the Orange Municipal Code is hereby amended to repeal and delete Chapter
5.62, Signs and Billboards, in its entirety.
SECTION II:
Title 17, Chapter 17.36 of the Orange Municipal Code is hereby amended to add
Section 17.36.180, which shall read as follows:
17.36.180 Billboards
A. Prohibition. Notwithstanding any other provision of this Code,except for the .
relocation of existing billboards pursuant to this section,no new billboards shall be constructed
within the City limits. For purposes of this section, "relocation" includes the removal of a
display and construction of a new display to substitute for the display removed, as defined in
California Business and Professions Code Section 5412.
B. Relocation of Existing Billboards. An owner of an existing billboard located
within the City may apply for a billboard relocation subject to the following procedure and
criteria:
1.Process. .An applicant for a billboard relocation shall file an application for
Minor Site Plan Review approval with the City, pursuant to Orange Municipal Code
Section 17.10.060.
2.Criteria. The Community Development Director shall apply the following
criteria in making his determination on the site plan:
a.The structure shall be constructed on two or less steel supports;
b.The relocation site shall be at least 500 feet from any other existing
billboard structure,and shall also comply with the distance requirements
set forth in section E, if applicable;
c.Except as otherwise provided in subsection F, the height of the top of
the sign face shall not exceed 60 feet, as measured from finished.grade;
Ordinance No.01-19 2
d. The structure shall incorporate aesthetically pleasing architectural
elements to the extent feasible so as to promote compatibility with
surrounding properties;
e.The applicant shall present proof of compliance with any applicable
State or Federal law requirements relating to billboard signing and
freeway location;
f.The structure shall not result in a significant adverse aesthetic impact
upon any surrounding residential neighborhoods or exceed the
illumination thresholds set forth in this Section.
3.Conditions of Approval. The Community Development Director may require
reasonable conditions of approval to protect the public health, welfare, and safety of
the community
4. Findin s. The Community Development Director shall make a finding in
approving such a request that the construction of the structure and approval of the
Minor Site Plan Review will not have an adverse effect on the public health, welfare,
and safety of the community.
C. Publicly Caused Billboard Relocations. Any proposal to relocate an existing
billboard structure,which relocation is caused by a City or State project, shall be subject to the
Minor Site Plan Review process above.
D. Electronic Billboards Within the Freeway Corridor.
1. For purposes of this section, the following terms shall have the following
meanings:
a.Billboard"has the same meaning as those advertising displays defined
in California Business and Professions Code Section 5202.
b.Electronic billboard" means an internally or externally illuminated
billboard that utilizes digital message technology capable of
instantaneously changing the static message or copy on the sign
electronically.
c.Freeway Corridor" means the area within the City comprised of the
land within 300 feet of either edge of the right of way of the following
freeways: California lnterstate Highway 5; California State Route 22;
California State Route 55; and California State Route 57.
2. Notwithstanding any other provision of this code, subject to the discretionary
approval of a Minor Site Plan Review application above, entry into a relocation
agreement with the City in accordance with Business and Professions Code Section
5412, and compliance with the additional requirements set forth below, the owner of
an existing billboard within the City may convert a static copy billboard to an electronic
billboard, provided such billboard is located within the Freeway Corridor, subject to
approval of a Minor Site Plan Review application pursuant to section B.
Ordinance No. 01-19 3
3.In addition to such conditions as may be imposed pursuant to approval of a
Minor Site Plan Review application for a billboard relocation pursuant to subsections
B.3., above, electronic billboaxds shall be subject to the following criteria and
conditions:
a.An electronic billboard may only be located within the Freeway
Corridor.
b.Electronic billboards shall comply with all applicable location,distance,
size,operational,permit or licensing,and/or other requirements or limits
imposed by Federal, State or local law, including, without limitation,
the California Outdoor Advertising Act, California Business and
Professions Code Section 5200 et seq., and its implementing
regulations, including applicable amendments thereto. To the extent a
conflict arises between any provisions of this section and applicable
Federal, State or local law, unless otherwise preempted, local law shall
control.
c.Each sign face of an electronic billboard shall be oriented primarily for
viewing from the Freeway Corridor and away from any residentially
zoned property.
d. No electronic billboard shall be located on or within 300 feet of any
property zoned single-family residentially, as measured from the base
of the structural support column of the electronic billboard to nearest
property line.
e.Each electronic billboard proposal must have undergone the proper
level of environmental analysis required under the California
Environmental Quality Act.
E. No electronic billboard shall be located within 500 feet of any other billboard
located on the same side of the freeway or within 1,000 feet of any other electronic billboard.
or on-premises electronic sign located on the same side of the freeway.
F. The permitted height of an electronic billboard shall be determined through the
Minor Site Plan Review process and shall be limited to the maximum height necessary to
ensure adequate visibility of the display from the Freeway Corridor,however in no event shall
an electronic billboard exceed 60 feet in height, as measured from finished grade to the top of
the billboard structure, or in the case of the conversion of an existing billboard, the height of
the existing billboard, whichever is greater.
G. The area of each electronic billboard sign face,including framing and trim,shall
not exceed 680 square feet.
H. Electronic billboard displays shall contain still or static messages or images
only, and no part of the sign structure or image being displayed may move or present the
appearance or optical illusion of movement,or include flashing,blinking,or traveling lighting,
the varying of light intensity, or any other means not providing constant illuxnination. Each
static message or image shall be displayed for a minimum of eight (8) consecutive seconds
Ordinance No.01-19 4
before changing, and the transition or blank screen time between one display message and the
next shall not exceed one second.
I.The maximum intensity of light output produced by an electronic billboard
display shall not exceed 0.3 foot-candles above the ambient light level at any time,as measured
using a foot-candle meter at a distance of 250 feet, and shall otherwise comply with section
5403(g) of the Outdoor Advertising Act and section 21466.5 of the California Vehicle Code.
J.Electronic billboard owners and/or operators shall make space available for the
display of emergency messaging in accordance with local,regional, and/or State protocols.
K. As a condition to approval of the relocation and/or conversion of a billboard to
an electronic billboard, the owner of the electronic billboard shall execute a relocation
agreement with the City pursuant to California Business and Professions Code Section 5412
on terms approved by the City Council in its sole and absolute discretion. At a minimum, such
a relocation agreement shall: (i)require the permanent removal of a minimum of five existing
billboard faces within the city or visible from a City street for each relocated electronic
billboard consisting of two faces , (ii) provide for mitigation by the owner of aesthetic and/or
other impacts caused by the electronic billboard(s), (iii) require the owner to comply with any
and all required mitigation measures, conditions of approval, and applicable provisions of this
section and this code, (iv)require notice to be mailed to all residential property owners located
within 500 feet of the proposed electronic billboard installation, 14 days prior to City Council
consideration of the relocation agreement; (v) provide for the payment by the owner of
applicable fees and costs, (vi)require each owner to indemnify, defend and hold harmless the
City from any and all claims, lawsuits, awards and judgments, including any reasonable
attorney's fees and court costs, that may arise from the approval of the relocation and/or
conversion of a billboard to an electronic billboard and/or the removal of other existing
billboards, pursuant to this section or any other provision of the code, subject to the terms of
the agreement, (vii)require the owner(s)/operator(s) of the electronic billboard to donate up to
10%of the total advertising time on the electronic billboard to community events, as requested
by the City Manager; and (viii) any other terms and conditions the City may find reasonable
in approving said agreement, and consistent with applicable law. Nothing herein shall be
construed to require the City to enter into such an agreement or to allow the relocation of an
existing billboard or the conversion of an existing billboard to an electronic billboard.
L. The owner of an electronic billboard authorized pursuant to this section may, at
its sole option, remove the digital display from the billboard structure at any time, for any
reason, and temporarily or permanently replace such digital display with state-of-the-art non-
electronic static sign faces of the same or smaller dimensions.
SECTION III:
The City Council finds and determines as follows:
Ordinance No. 01-19 was adequately described and evaluated in accordance with the
California Environmental Quality Act (CEQA) in Mitigated Negative I eclaration No. 1860-
18 to determine the level of environmental impacts associated with the project that could result
Ordinance No.01-19 5
in; 1) the potential removal of existing billboard faces within the City of Orange; and, 2)
potential upgrade of up to five existing static billboard signs to LED signs within the City of
Orange. The analysis contained in the Mitigated Negative Declaration(MND)determined that
implementation of the project may result in potentially significant environmental effects
without mitigation to the following environmental factors: Aesthetics, Biological Resources,
Hazards and Hazardous Materials, Noise, and Transportation/Traffic. Incorporation of the
mitigation measures into the project results in a reduction of significant impacts to less than
significant levels.
SECTION IV:
The proposed ordinance achieves multiple goals of the General Plan. Consistent with
the Land Use Element, the ordinance amendment.promotes revenue generating land uses that
help defray costs of high quality public services. Consistent with the Urban Design and
Economic Development Elements, the upgrade of existing billboards to smaller digital faces
and the removal of billboards along the City's arterials and within the City's view shed would
improve the aesthetics of those areas of the City.
SECTION V:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph,
sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION VI:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause
the same to be published as required by law. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 12th day of February 2019.
Mark A. Murphy, Mayor, ty o range
ATTEST:
Pamela Coleman, City Clerk, City of Orange
Ordinance No.01-19 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I,Pamela Coleman, 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
8th day of January 2019, and thereafter at the regular meeting of said City Council duly held
on the 12th day of February 2019,was duly passed and adopted by the following vote, to wit:
AYES:COiJNCILMEMBERS: Alvarez, Murphy,Nichols
NOES:COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Monaco
ABSENT: COiJNCILIVIEMBERS: None
1/1R,i
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 01-19 7