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ORDINANCE 1397ORDINANCE NO. 1397 AN ORDINANCE AMENDING CHAPTER 15 -18 OF THE EL SEGUNDO MUNICIPAL CODE REGULATING THE TIME, PLACE, AND MANNER THAT SIGNS ARE ERECTED AND CONSTRUCTED WITHIN THE CITY'S JURISDICTION. The City Council of the city of El Segundo does ordain as follows- SECTION 1 • The City Council finds and declares as follows: A A review of the El Segundo Municipal Code ( "ESMC ") shows that there are numerous updates that must be made to various regulations for zoning, subdivisions, and other, similar, matters; B This Ordinance is intended to update, clarify, and bring certain provisions of the City's sign regulations into conformance with current policies and procedures, C In adopting this Ordinance, the Council intends simply to regulate aesthetics, impose the community's design standards, and protect public health and safety Nothing in this Ordinance is intended to affect the content of signage or to create a chilling effect on free speech, D The regulations adopted by this Ordinance are reasonable time, place, and manner restrictions needed to implement community standards of construction, design, and appearance, E. When adopting this Ordinance, the City considered the entire administrative record concerning sign regulation including, without limitation, information set forth in staff reports presented to the El Segundo Planning Commission and City Council, photographic evidence presented by staff during its presentation to the Council, public testimony, the City's General Plan; the City's inventory of illegal or abandoned signs, guidelines for traffic safety issued by various public agencies including the California Department of Transportation; and other evidence set forth in the record or commonly known to the community; F. Should any part of this Ordinance inadvertently regulate signs in a manner that does not conform with applicable laws, the Council intends that such regulation be interpreted and enforced in a manner that brings this Ordinance into conformance with such laws; G Where particular signs are defined based on their use, e g, construction signs or real estate signs, the Council intends that such signs be regulated based upon use, Page 1 of 21 placement, design, construction, and other, similar, reasons rather than the content of such signs, SECTION 2: Section 15 -1 -6 of the El Segundo Municipal Code ( "ESMC ") is amended as follows "15 -1 -6: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in tlus Title MURAL A sign consisting of a picture, painting, or other art work applied to and made integral with an exterior wall surface of a building, structure, fence, or garden wall SIGN. Any structure, device, or material, temporary or permanent, fixed or portable, moving or stationary, whether located inside or outside a building, that is visible from any property where the primary purpose of the sign is to convey visual communication. "Sign" does not include the following• A Interior signs that are located entirely within an enclosed structure and not visible from the exterior; B Building features that are only decorative or architectural and do not include lettering, trademarks, or moving parts, C Symbols of noncommercial organizations or concepts including, without limitation, religious or political symbols when they are permanently integrated into the structure of a building, D Items or devices of personal apparel, decoration or appearance including, without limitation, tattoos or makeup; I$ Marks on tangible ,products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after completion of a sale; F Traffic, directional, emergency, warning or informational signs required or authorized by a government agency having jurisdiction, G Public utility signs, Page 2 of 21 H Advertisements or banners mounted on duly licensed mass transit vehicles including, without hrmtation, buses and trains, that legally pass through the city; I Insignia located on legal vehicles and water craft including, without limitation, license plates, registration msigma, noncommercial messages, messages relating to the business for which the vehicle is an instrument or tool, and messages relating to the proposed sale, lease or exchange of vehicles or watercraft; J Building Marker Signs, and K Newsracks and newsstands SIGN, ABANDONED: Any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned for a period of one (1) year. A lawfully erected sign structure for a vacant property or building which is actively available for lease is not abandoned, unless the Planmng and Building Safety Director determines the sign is a public nuisance, pursuant to Section 15 -18 -4 of this Title. SIGN, ANIMATED- A sign with action or motion, flashing, or color changes, accomplished through manual, electronic, or other means, but not including wind - actuated elements such as flags, banners, or specialty items, and public service signs such as time and temperature units SIGN, ANNOUNCEMENT A temporary sign intended to direct attention to, or advertise a future development, tenant, or business on a property SIGN, AREA: Sign area is the face or display area of a sign, including its border only when the border carries or displays part of the message or copy. Supports or uprights on which such sign is placed are excluded from the sign area calculation. Signs using individual channel letters may exclude the space between the letters SIGN, BANNER- Any sign of lightweight fabric or similar flexible material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, "POW/MIA" flags, or the official flag of any institution or business shall not be considered banners. SIGN, BEACON- Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source The light source may be fixed, rotate, or give the appearance of movement SIGN, BILLBOARD: Any sign erected for the purpose of advertising a product, event, Page 3 of 21 business, person, or subject not located on the premises on which the sign is located and containing a surface or display area of fifty (50) square feet or more. SIGN, BUILDING- Any sign attached to any part of a building, as contrasted to a freestanding sign SIGN, BUILDING MARKER Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material SIGN, CANOPY or AWNING* Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy SIGN, CHANGEABLE COPY A sign, or part of a sign, that includes commercial or noncommercial copy that can be changed through manual or electronic means, regardless of method of attachment or materials of construction. SIGN, DIRECTIONAL A sign that guides or directs pedestrian or vehicular traffic. SIGN, FIN A sign which is supported wholly by a one -story building of an open -air business or by poles placed in the ground or partly by such a pole or poles and partly by a building or structure. SIGN, FREESTANDING. A sign that is part of a structure that is not attached to a building but is supported from the ground by one or more poles or posts with or without braces and is permanently mounted in a fixed location SIGN, IDENTIFICATION A sign with copy that identifies only the name and street address of the building upon which it is placed SIGN, INFORMATION. A sign which conveys information such as "air /water," the location of restrooms or sitrular information, but does not contain advertising, brand, trade, or center name information SIGN, LIGHT EMITTING DIODE OR LED A sign incorporating light- emitting diodes (LED) to display commercial or noncommercial copy SIGN, MARQUEE. A permanent roofed structure attached to and supported by the building and projecting over a public property. SIGN, MONUMENT or GROUND A sign with a solid base that is not attached to a building, where the bottom of the sign is in contact with or close to the ground SIGN, NONCONFORMING: A sign which complied with all applicable regulations at Page 4 of 21 the time it was installed, but which now is in conflict with the provision of this Title SIGN, POLE: A freestanding sign that is supported by a single pole or post SIGN, POLITICAL: A temporary freestanding sign with noncommercial copy erected for an upcoming election. SIGN, PORTABLE Any sign not permanently attached to the ground or permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T- frames; menu and sandwich board signs, balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day -to -day operations of the business, or is a public transit vehicle designed to carry nineteen (19) or more passengers SIGN, PROJECTING Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches (6) beyond the surface of such building or wall SIGN, ROOF Any sign erected and constructed wholly on and over the roof or parapet of a building, supported by the roof structure, and extending vertically above the roof SIGN, TEMPORARY Any sign, banner, pendant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. SIGN, WALL Any sign attached parallel to, but within six inches (6) of a wall, painted on the wall surface of, or erected and confined within the limits of, an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface SIGN, WINDOW: Any sign that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window STROBE LIGHT. A lighting device that uses a flashtube for high -speed illumination SECTION 3 ESMC § 15 -18 -1 is amended to read as follows. "15 -18 -1: PURPOSE: The purpose of this Chapter is to encourage the effective use of signs as a means of Page 5 of 21 communication in the City, maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; encourage signs which are integrated with and harmonious in size, design, style, material, and appearance to the buildings and sites which they occupy and surround; improve pedestrian and traffic safety, minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions. This Chapter is adopted pursuant to the City's police powers in furtherance of the more general goals set forth in the General Plan to regulate the time, place, and manner that signs may be used within the City's jurisdiction " SECTION 4 ESMC § 15 -18 -2 is amended to read as follows "15 -18 -2: APPLICABILITY: This Chapter regulates signs placed on private and public property located within the city of El Segundo. For signs on public property, this chapter applies only to public property owned or controlled by the City or such public property over which the City may exert its land use regulations A sign may only be erected and maintained in conformance with the requirements of this Chapter " SECTION 5 A new section 15- 18 -2.1 is added to the ESMC to read as follows: "15- 18 -2.1: MESSAGE SUBSTITUTION: Noncommercial copy may be substituted for any commercial copy on any sign that is allowed by this chapter, whether permitted or exempt. Noncommercial copy of any kind may be substituted for any other type of noncommercial copy on any sign that is allowed by this chapter whether by permit or exemption Message substitution may be made without any additional city approval or permitting. This section prevails over any more specific provision to the contrary within tlus chapter The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message This section does not create a right to increase the total amount of signage on property, does not affect the permitting requirements of this chapter, and does not override terms and conditions in private contracts." SECTION 6 A new section 15 -18 -2 2 is added to the ESMC to read as follows- "15-18-2.2: COMPLIANCE WITH APPLICABLE LAW: All signs must comply with all applicable law including, without limitation, the uniform building, electrical, plumbing, mechanical, and grading codes, at the time the sign is constructed and mounted for display Signs that are substantially rebuilt, remodeled, or refurbished must conform to all codes in effect at the time such work occurs " Page 6 of 21 SECTION 7 A new section 15 -18 -2 3 is added to the ESMC to read as follows- "15-18-2.3: VARIANCES AND CONDITIONAL USE PERMITS: Except as otherwise provided, all deviations from this chapter must comply with the variance procedures set forth in this code. Unless otherwise provided to the contrary, all sign regulations of conditional use permits are controlled by this chapter and must be processed without regard to the proposed message, content, or copy of proposed signs " SECTION 8• A new section 15 -18 -2 4 is added to the ESMC to read as follows- "15-18-2.4: SIGN CLASSIFICATION: The Planning and Building Safety Director may classify every sign proposed to be erected within the city's jurisdiction in accordance with this chapter. Signs that do not clearly fall within one of the definitions provided by this chapter must be placed in a classification which the sign, based upon its design, location, physical characteristics, and purpose, most closely approximates Unless appealed to the planning commission pursuant to this code, the Planning and Building Safety Director's decision is final " SECTION 9 A new section 15 -18 -2 5 is added to the ESMC to read as follows- "15-18-2.5: SIGNS ON PUBLIC PROPERTY. Unless otherwise provided by this chapter or by City Council resolution, it is unlawful to display signs on public property owned by the city." SECTION 10• A new section 15- 18 -6.1 is added to the ESMC to read as follows "15- 18 -6.1: ADDITIONAL PERMIT REQUIREMENTS. A. Uniform Code Permits. If required by the uniform codes adopted by this code, for example, the building, electrical or plumbing codes, persons seeking to erect, attach, or install signs, must obtain a building permit, or other similar permit, concurrently with seeking a sign permit or, for exempt signs, before erecting, attaching, or installing such signs B. Encroachment Permit If a sign requires an encroachment permit under this chapter, then the terms and conditions of the encroachment permit may be incorporated into the sign permit " Page 7 of 21 SECTION 11 • A new section 15 -18 -6 2 is added to the ESMC to read as follows. "15- 18 -6.2: ALTERNATIVE PLACE OR MANNER: If the Planning and Building Safety Director denies a permit for a sign that would be acceptable by changing the sign's place or manner, then the Director must inform the applicant of such alternatives. Should the applicant accept the alternative place or manner then the Director will issue a permit in accordance with this chapter." SECTION 12 A new section 15 -18 -6 3 is added to the ESMC to read as follows "15- 18 -6.3: CRITERIA FOR PERMIT CONSIDERATION: The Planning and Building Safety Director's determination whether or not to issue a permit and, if issued, what conditions are placed in a permit, must be guided solely by the standards and criteria set forth in this chapter " SECTION 13: A new section 15- 18 -6.4 is added to the ESMC to read as follows "15- 18 -6.4: EXPEDITED REVIEW: Pursuant to California Code of Civil Procedure § 1094 8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094 8, or any successor statute or regulation " SECTION 14: A new section 15 -18 -7 5 is added to the ESMC to read as follows: "15- 18 -7.5: REAL ESTATE SIGNS. A Real Estate Signs Real estate signs as defined in Civil Code § 713 Signs must comply with the following- 1 Signs must be displayed on private real property and only with written consent of the owner, 2. One (1) sign may he placed on the real property to which it pertains in residential zones, three (3) signs may be placed on the real property to which they pertain in all other zones, 3 Signs cannot exceed six (6) square feet in residential zones or exceed the cumulative total of fifty (50) square feet for all other zones; 4 Before the City issues a certificate of occupancy, multifamily buildings Page 8 of 21 must install one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units. The design for the sign standard and its location on the property must be approved by the Planning and Building Safety Director before its installation The one -side surface area of the sign cannot exceed a cumulative total of nine (9) square feet B Signs must be removed within five (5) day after the advertised property is sold, rented or leased C Temporary Real Estate Directional Signs Signs that identify and provide directional information to any residential property that is offered for sale, or for rent for the first time Signs must comply with the following- 1 Signs must be located only along the most direct single route to the residential property along arterial streets, 2 Not more than one (1) sign is permitted at each intersection on private property and only with written consent of the owner, 3 Signs must be removed when the subject property is sold or, for temporary signs, when the event ends, 4 Signs cannot exceed nine (9) square feet in area, 5 Signs cannot exceed five (5) feet in height; 6. No Real Estate signs are allowed on public property. D Relationship to applicable law- temporary real estate directional signs allowed under this section are in addition to those specifically allowed by state law." SECTION 15• ESMC § 15 -18 -8 is amended to read as follows "15 -18 -8: SIGNS IN NONRESIDENTIAL ZONES: The following development standards apply to signs in nonresidential zones A General Provisions All signs must be erected and maintained consistently with this Chapter B. Freestanding Buildings Freestanding buildings are allowed wall, fin, marquee, canopy, awning, projecting, and roof signage up to five percent (5 %) of each building face Page 9 of 21 C Store Fronts Store front shops are allowed signage up to fifteen percent (15 %) of the face of each shop front, including any wall, fin, marquee, canopy, awning, projecting, and roof signs D Monument Or Ground Signs Monument or ground signs up to one hundred fifty (150) square feet of signage area per sign face, and up to and including a maximum height of six (6) feet shall be permitted by right Monument or ground signs that exceed six (6) feet in height up to and including a maximum height of twenty (20) feet are allowed with an Administrative Use Permit E Freestanding Or Pole Signs- For lots with multiple uses or multiple users, the number of freestanding or pole signs are limited to a total of one for each street on which the lots included in the plan have frontage and provide for common usage of such signs. Up to one hundred fifty (150) square feet of signage area per sign face and a maximum height of 25 feet shall be permitted. F Site Signage On -site signage, including without limitation, building marker signs, directional signs, identification signs and information signs, used for either ingress or egress, identification of facilities or similar features must be submitted as part of a sign plan. G Directional Signs Signs which provide directions to a business located on another property within the City, a maximum distance of five hundred feet (500') from the property on which the sign is located H Large Signs: Any sign over five hundred (500) square feet in area is subject to City Council approval Temporary Signs Except as otherwise provided, two (2) temporary signs not exceeding a cumulative total of six (6) square feet, are allowed at all times Except for political signs, additional temporary signs may be displayed upon the City issuing a temporary sign permit, which is subject to the following requirements Special Event Or Sale Signs: A sign advertising a special event or sale, up to a maximum size of one hundred (100) square feet for a specified maximum thirty (30) day period is allowed, which may be renewed up to a total of one hundred twenty (120) days. Animal or human beings, live or simulated, designed or used to attract attention to the premises may be used only as a special event or sale sign, provided they are not located on public property or in the public right of way Page 10 of 21 2 Construction Signs: Signs identifying those persons engaged in construction up to a maximum of thirty two (32) square feet per construction site shall be allowed for a maximum period of six (6) months The Planning and Building Safety Director may grant up to three (3) separate six (6) month extensions Construction signs must be removed not later than one (1) week after completion of construction 3 Announcement Signs One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of one hundred (100) square feet for a new development or business may be erected and maintained from the time a building permit is issued until final inspection, but in no case may an announcement sign be displayed for more than one year J Setbacks Any sign may be erected and maintained in a required setback, provided a five foot (5') minimum setback is maintained and the sign is not located in a required comer clearance or driveway visibility area. K Works Of Art: Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted Such artworks may contain the name or identification of a commercial sponsor up to six (6) square feet in area or one percent (I %) of the area of the artwork, whichever is less, and are subject to review by the Planning and Building Safety Director to determine if the extent of any commercial message in the mural is a minor component of the artwork. The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsor's portion of the artwork, but names, insignia, or logos larger than six (6) square feet or one percent (1 %) of the area of the artwork, whichever is less, may not include registration, copyright, or trademark symbols Works of art shall be permitted to exceed five hundred (500) square feet without City Council approval. L Identification: One identification sign for each street frontage is allowed, provided the signs contain only the name and street address of the building upon which it is placed The size of such signs must be counted as a portion of the maximum signs otherwise permitted on the property (e g., freestanding buildings, store fronts, and monument signs) M LED Signs LED Signs are allowed as follows 1 The LED sign must be located in a commercial or industrial zone at least one hundred fifty (150) feet from the boundary of a residential zone which is in direct line of site LED signs may have up to two faces 2 Light emitting diodes comprising LED signs can only emit amber light. Page 11 of 21 3. The changeable copy portion of the sign cannot exceed twenty -five percent (25 %) of the area of the total sign area. 4 The LED sign may only be a part of the following signs monument, ground, pole, or freestanding 5 The changeable copy portion of the sign cannot change more than once every sixty seconds 6 All LED signs must have ambient light monitors installed and must at all times allow such monitors to automatically adjust the brightness level of the LED sign based on ambient light conditions At no time may the LED sign be operated at a brightness level greater than the manufacturer's recommended levels The changeable copy must be monochromatic It must utilize a dark background with only the message or image lit in an amber color 7. Only text, without graphical depictions, can be included with the changeable copy on LED signs. 8 Permit applications for LED signs must include a copy of the manufacturer's operating manual, including any recommended standards for brightness and other display operations. N Building Marker Signs- One (1) building marker sign is allowed per building SECTION 16 ESMC § 15 -18 -9 is amended to read as follows- "15-18-9: SIGNS IN RESIDENTIAL ZONES: The following sign regulations shall apply to residential zones: A. Identification Signs One identification sign per lot is allowed, not to exceed twenty (20) square feet in area, provided the sign does not extend above or out from the front wall, and contains only the name and street address of the building upon which it is placed (Ord 1290,12 -15 -1998) B. Nonresidential Uses, Unlighted Signs: Nonresidential uses in the R -3 Zone shall be permitted one unlighted sign, not to exceed twelve (12) square feet in size, which pertains only to the sale, lease or hire of the particular building, property, or premises on which it is displayed. Page 12 of 21 C. Wall Signs Permitted nonresidential uses in residential zones that are currently in compliance with this Code, except home occupation businesses, shall be permitted one wall sign, not to exceed six (6) square feet in size for the purpose of identifying the business located on the property D Works Of Art Works of art, including decorative flags and murals, such as historical and community oriented murals, which are not for commercial purposes are permitted. Such artworks may contain the name or identification of a commercial sponsor up to six (6) square feet in area or one percent (1 %) of the area of the artwork, whichever is less, and shall be subject to review by the Planning and Building Safety Director to determine if the extent of any commercial message in the mural is a minor component of the artwork The use of registered, copyrighted, or trademarked names, insignia or logos is permitted within the sponsor's portion of the artwork, but names, insignia, or logos larger than six (6) square feet or one percent (1 %) of the area of the artwork, whichever is less, may not include registration, copyright, or trademark symbols Works of art shall be perrmtted to exceed five hundred (500) square feet without City Council approval. (Ord. 1290, 12 -15 -1998, amd. Ord 1315, 1 -18 -2000) E Temporary Signs- Except as otherwise provided, two (2) temporary signs not exceeding a cumulative total of six (6) square feet, are allowed at all times Except for political signs, additional temporary signs may be displayed upon the City issuing a temporary sign permit, which is subject to the following requirements- 1 Construction Signs: Signs identifying those persons engaged in construction up to a maximum of thirty two (32) square feet per construction site shall be allowed for a maximum period of six (6) months. The Planning and Building Safety Director may grant up to three (3) separate six (6) month extensions 2 Announcement Signs: One temporary construction announcement or Coming Soon sign up to a maximum size of six (6) square feet for a new development may be erected and maintained from the time a building permit is issued until final inspection, but in no case may an announcement sign be displayed for more than one year F. Building Marker Signs One (1) building marker sign is allowed per building SECTION 17. ESMC § 15 -18 -10 is amended to read as follows "15- 18 -10: SIGNS EXEMPT FROM PERMITTING: The following signs are exempt from obtaining a sign permit, but all signs must comply with the corner clearance and driveway visibility provisions of Chapter 2 of this Title. Page 13 of 21 A. Public Notice Or Warning Any public notice or warning required by a valid and applicable Federal, State, or local law, regulation, or ordinance, including. Official notices used by any court, public body, official, public officer in the performance of a public duty, or person giving legal notice; and 2 Directional, warning, or information signs of a public or semi -public nature, established and maintained by an official body B. Inside Building Any sign inside a building, not attached to a window or door, and not legible from a distance of more than three feet (T) beyond the lot line of the lot or parcel on which such a sign is located C Traffic-Control- Traffic - control signs on private property, (e g , stop, yield, and smular signs), the face of which meet California Department of Transportation or City public works standards and contain no commercial message D Building Markers: Building marker signs E Flags- Official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations, nationally or internationally recognized organizations, including corporations flags (which may not exceed 150 square feet in size), and "POW/MIA" flags F Lights Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain commercial copy or are not used for commercial purposes G Political Political signs are allowed in any zone subject to the following. 1. Such signs cannot exceed four (4) square feet in area 2. Such signs must be removed not later than forty eight (48) hours after the election or ballot measure for which they are intended " SECTION 18 ESMC § 15 -18 -11 is amended in its entirety to read as follows 15- 18 -11: PROHIBITED SIGNS: All signs not expressly permitted under this Chapter are prohibited. Such signs include, but are not limited to A. Beacon signs, used in connection with commercial premises for commercial purposes Page 14 of 21 B. Balloons or other inflated devices or signs used in connection with commercial premises for commercial purposes C Billboards D Flags and pennants, except those exempt under the previous section E Signs which emit sounds (except ordering menu boards at dnve - thrus), odor, or visible matter, such as smoke or steam F Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section G Trailer or portable signs H Notwithstanding any other provisions of this Title, no outdoor advertising structure, outdoor advertising display, or billboard, regardless of size, which does not advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed shall be placed within five hundred feet (500) of either side of a State or County freeway or highway in a manner which makes the sign thereon visible to persons or passengers upon any such thoroughfare I Signs which flash, rotate, pulsate, or otherwise move, such that they create a traffic hazard or are so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic signal or other traffic- control or warning device J. Strobe lights used in signs. (Ord. 1290, 12 -15 -1998) SECTION 19 ESMC § 15 -18 -15 is amended in its entirety to read as follows: "15- 18 -15: ABATEMENT OF SIGNS. Whenever the permittee, property owner, or person in possession or control of the property fails to comply with a director's order requiring compliance with this chapter, the city may abate any such sign in the following manner A Declaration of Nuisance- The City Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction The resolution must describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the county assessor's map and street address, if known Any number of parcels of private property may be included in one resolution B Notice of Hearing: Before the City Council adopts the resolution, the City Clerk Page 15 of 21 must mail not less than ten (10) days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized assessment roll available on the date the notice is prepared In addition, the notice must be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the permittee, if any The notice must state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign C Posting of Notice L After a resolution is adopted, the enforcement officer must cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists 2 Notice must be substantially in the following form NOTICE TO REMOVE ILLEGAL SIGN Take Notice that on the — day of 20_, the El Segundo City Council adopted a resolution declaring that an illegal sign is located on or in front of tlus property which constitutes a public nuisance The sign must be abated by being removed. Failure to remove the sign will result in the City taking action to remove it The cost of such removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid Refer to the resolution for further particulars A copy of this resolution is on file in the office of the City Clerk All property owners having any objection to the proposed removal of the sign are notified to attend a meeting of the City Council of the City of El Segundo to be held on at a m. /p m. at ( location ), when their objections will be heard and given due consideration Dated this _ day of 20 City Clerk City of El Segundo 3 This notice must be posted at least ten (10) days before the time for hearing objections by the City Council D. Written Notice of Proposed Abatement 1. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council must direct the City Clerk to mail written notice of the proposed abatement to the all persons owning the property described in the resolution The City Clerk must cause the Page 16 of 21 written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the City Council adopted its resolution 2 The City Clerk must confirm with the county assessor the names and addresses of all the persons owning the property described in the resolution The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice If the county of Los Angeles poses any charges upon the city for the actual costs of furnishing the list, the city will reimburse the County and such costs shall be a part of the cost of abatement assessed against the property owner. 3 The notices mailed by the City Clerk must be mailed at least ten (10) days before the time for hearing objections by the City Council The notices mailed by the clerk must be substantially in the form of notice set forth above E Heanng -- Continuances -- Objections -- Finality of Decision- -Order to Abate 1 At the time stated in the notices, the City Council will hear and consider all objections to the proposed removal of the sign It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council will allow or overrule any objections At that time, the city acquires jurisdiction to proceed and perform the work of removal. 2 The City Council's decision is final If objections are not been made, or after the City Council has disposed of those made, the council will order the enforcement officer to abate the nuisance by having the sign removed. The order must be made by motion or resolution. F Entry Upon Private Property The enforcement officer or city contractor may enter private property to abate the nuisance G Removal by Owner -- Special Assessment and Lien for Costs. Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate was issued, the City Council may, by motion or resolution, further order that a special assessment and lien be limited to the costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs Page 17 of 21 H Cost of Abatement, Itemization. 1 The enforcement officer will keep an account of the cost of abatement of an illegal sign. Such officer must submit to the City Council, for confirmation, an itemized written report showing that cost 2 A copy of the report must be posted at least three (3) days before being submitted to the City Council, on or near the City Council chambers door, with notice of the time of submission 3 At the time fixed for receiving and considering the report, the City Council will hear it with any objections of the property owners liable to be assessed for the abatement The City Council may modify the report if it is deemed necessary The City Council may then confirm the report by motion or resolution I Abatement by Contract The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder The contractor performing the contract must keep an itemized account and submit such itemized written report for each separate parcel of property required by this section. J Special Assessment and Lien 1 The cost incurred by the city in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel After the assessment is made and conformed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder In the event any real property to which a lien would attach was transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value was created and attaches thereon, before the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section will not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property will be transferred to the unsecured roll for collection 2 Upon confirmation of the report, a copy must be given to the County Assessor and Tax Collector, who will add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes Page 18 of 21 3 The city must file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year The description of the parcels reported must be those used for the same parcels on the Los Angeles County Assessor's map books for the current year 4 The city may request the County Auditor to enter each assessment on the county tax roll opposite the parcel of land 5. The city will further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. 6. The city acknowledges that the County Tax Collector may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments It is further acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of county taxes apply to these special assessments. K. Issuance of Receipts for Abatement Costs The enforcement officer may receive the amount due on the abatements costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. L. Refund of Assessments The City Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment was erroneously levied. An assessment, or part thereof, will not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment has become due and payable The claim must be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator." SECTION 20: Environmental Assessment The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of nimor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefore. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of signs on the environment. Accordingly, the proposed Ordinance constitutes Page 19 of 21 a Class 1, Class 4, Class 5, and Class 8 categorical exemption SECTION 21. Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 22. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 23 The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 24: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption PASSED AND ADOPTED this ,5tlday ofAugust 2006. Kelly McDowell, May Page 20 of 21 ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No, 1397 was duly introduced by said City Council at a regular meeting held on the 1st day of August , 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of August 2006, and the same was so passed and adopted by the following vote. AYES Mayor McDowell, Mayor Pro Tem Busch, Council Members Fisher 6 NOES Jacobson Council Member Boulgarides ABSENT- None ABSTAIN None (�brn R4- Cindy MaYesen, City Clerk APPROVED AS TO FORM Mark D Hensler ty Attorney By Karl H. Ber er, Assistant City Attorney Page 21 of 21