AGENDA ITEM
TO:
HONORABLE CHAIR
AND MEMBERS OF THE PLANNING COMMISSION
FROM:
CARLOS LUIS
PLANNING MANAGER
SUBJECT:
title
PUBLIC HEARING TO CONSIDER ZONING ORDINANCE AMENDMENT 24-02 AMENDING CHAPTER 20.58 SIGNS OF TITLE 20 ZONING OF THE SIGNAL HILL MUNICIPAL CODE FOR CONSISTENCY WITH STATE AND FEDERAL LAWS BY REMOVING LANGUAGE PERTAINING TO SIGN CONTENT, ELECTION SIGNS, PUBLIC INFORMATION SIGNS, AND ADDING REGULATIONS FOR TEMPORARY NON-COMMERICAL SIGNS, CITYWIDE; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
summary
Summary:
Form of Notice: Notice was published in the Signal Tribune newspaper per Government Code §65091(a)(4) on May 10, 2024; and was posted in accordance with Signal Hill Municipal Code Section 1.08.010 on May 10, 2024.
The City’s land use and zoning regulations are contained in Title 20 (Zoning) of the Signal Hill Municipal Code. The Zoning Code carries out the policies of the General Plan by providing standards and guidelines that guide the orderly development of the City. Over time, amendments to the Zoning Code are necessary to clarify existing standards, implement new ones, reflect changes in law, and address evolving land use trends. Action taken by the Planning Commission would not approve any specific development; it would amend sign requirements to be consistent with case law. Amendments to the sign code would be applicable Citywide.
Strategic Plan Goal(s):
Goal 5: High-Functioning Government
recommendation
Recommendation:
Adopt a resolution recommending City Council approve ZOA 24-02, entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SIGNAL HILL, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 24-02, AMENDING CHAPTER 20.58 SIGNS OF TITLE 20 OF THE SIGNAL HILL MUNICIPAL CODE FOR CONSISTENCY WITH STATE AND FEDERAL LAWS BY REMOVING LANGUAGE PERTAINING TO SIGN CONTENT, ELECTION SIGNS, PUBLIC INFORMATION SIGNS, AND ADDING REGULATIONS FOR TEMPORARY NON-COMMERCIAL SIGNS, CITYWIDE; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
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Background:
The City Attorney’s office received direction from the City Council to update key provisions of the Signal Hill Municipal Code (SHMC) related to quality of life and code enforcement. During that process, the City Attorney’s Office noted issues with the City’s Sign Code, found in Chapter 20.58. In the last decade, the courts have decided a number of cases that have altered the rules for City signage regulation. The most seminal of these cases concluded that when a code regulates the actual content of a sign, it is presumed to be unconstitutional. (See Reed v. Gilbert (2015) 576 U.S. 155.) That presumption is difficult for a city to overcome. In contrast, courts view content-neutral regulations more favorably. Examples of content-neutral regulations are ones that govern a sign’s size, building materials, or lighting.
With that in mind, the proposed revisions to Chapter 20.58 were made to remove the most glaring content-based regulations and add more content-neutral regulations. For example, regulations governing political signs and election signs were removed, and regulations governing “temporary non-commercial signs” were added.
Analysis:
The proposed amendments to Title 20 Zoning of the SHMC require review by the Planning Commission and the City Council. The Planning Commission serves as a recommending body to the City Council. The proposed amendments would:
• Remove language pertaining to sign content;
• Remove references to election signs;
• Remove references to public information signs; and
• Add regulations for temporary non-commercial signs.
These proposed amendments would be applicable Citywide. As noted in the background section, these changes are necessary to ensure the sign ordinance is consistent with case law.
Attachment A includes existing SHMC language identified in normal font, the language proposed to be removed in strikethrough font, and the proposed new language in underline font. The proposed amendments also require renumbering and reorganization of subsections of the sign ordinance.
CEQA Exemption
This project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) Common Sense Exemption. Section 15061 (b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. The revisions proposed are editorial in nature and do not include any specific signage to be constructed or placed, nor would they prohibit the placement or type of signage where they could be previously placed. The revisions would not provide for or allow new signs that are not currently allowed or similar in nature to those currently allowed or alter specific sign standards with the potential to have a significant effect on the environment. There would be no potential for an environmental impact to result from the proposed Zoning Ordinance Amendment. Therefore, pursuant to CEQA Guidelines Section 15061(b)(3), it would be common sense that this activity would be covered by the common sense exemption, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and the activity is not subject to CEQA (Attachment B).
Conclusion
The proposed changes would bring the City’s Sign Code in line with current case law and standard practice. The changes to Chapter 20.58 are not comprehensive but are instead focused on the most glaring issues that could render the Code unconstitutional. Additional changes intended to modernize the Sign Code and make it easier to work with will be done through future Code clean up processes.
Approved:
Colleen T. Doan
Attachments:
A. Sign Ordinance Amendment (Existing language, Strikethroughs, Proposed language)
B. CEQA Categorical Exemption Report
C. Resolution No. XXXX-05-21