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ORDINANCE 12901 ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -419A AND ZONE TEXT AMENDMENT ZTA 97- 3A, AMENDING VARIOUS SECTIONS OF TITLE 9 (PEACE, SAFETY, AND MORALS), AND TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010; and WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments; and WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and WHEREAS, General Plan Amendment GPA 97 -3A is the third amendment processed and proposed for 1997; and WHEREAS, on July 10, 24, August 14, 28, September 11, 25, and October 9, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution No, 2402 on October 9, 1998 recommending approval of the proposed amendments and ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 1 WHEREAS, on January 3, 1998, the Planning Commission and City Council did hold, pursuant to law, a duly advertised public bus tour /workshop on revisions to the General Plan, Municipal Code, Zoning Code, and Local Coastal Program, and notice was given in the time, form and manner prescribed by law and the joint workshop was continued until January 6, 1998; and WHEREAS, on November 18, and December 2, 1997, January 3, 6, 20, February 3, 17, March 3, and 17, April 21, June 16, August 18, September 18, October 20, November 3, 4, and December 1, 1998, the City Council did hold, pursuant to law, a duly advertised public hearing on revisions to the General Plan, Municipal Code, and Zoning Code, and notice was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -419A and ZTA 97 -3A, the revisions to the Municipal Code and Zoning Code; and WHEREAS, at said hearings the following facts were established: The purpose of the revisions to the Municipal Code and Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning and land use requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. 2. State law requires that zoning be made consistent with the General Plan. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -419A, and ZTA 97 -3A the City Council finds as follows: GENERAL PLAN The proposed Municipal Code and Zoning Code Amendments are consistent with the 1992 General Plan. 2. The proposed General Plan Amendments under GPA 97 -3A are not adopted by the City. ZONING CODE 1. The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. 2. The proposed Municipal Code and Zoning Code Amendments are consistent with the existing Zoning Code. ENVIRONMENTAL FINDINGS The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA); and, 2 ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 2 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, 3. That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA- 419A and ZTA 97 -3A, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. 9.54.020 (m) shall be deleted from Chapter 9.54, Title 9, of the El Segundo Municipal Code in its entirety. SECTION 2. Section 20.08.723 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows 20.08.723 SIGN, ABANDONED "Sign, Abandoned" means any sign which was lawfully erected, but whose use has ceased or whose structure has been abandoned by the owner thereof for a period of one year. A lawfully erected sign structure for a vacant property or building which is actively available for lease shall not be considered abandoned after one year, unless the Director of Planning and Building Safety determines the sign is a public nuisance, pursuant to Section 20.60.040. SECTION 3. Section 20.08.728 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows 20.08.728 SIGN, ANNOUNCEMENT. "Sign, Announcement" means a temporary sign intended to direct attention to, or advertise a future development, tenant, or business on a property. SECTION 4. Section 20.08.740 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.740 SIGN, BILLBOARDS. "Billboards" mean any sign erected for the purpose of advertising a product, event, business, person, or subject not located on the premises on which the sign is located and containing a surface or display area of 500 square feet or more. SECTION 5. Section 20.08.765 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 3 ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 3 20.08.765 SIGN, GROUND. "Ground sign" means a type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a fin sign or pole sign, as defined by this code. SECTION 6. Section 20.08.777 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows: 20.08.777 SIGN, NONCONFORMING. "Sign, Nonconforming" means a sign which complied with all applicable regulations at the time it was installed, but which now is in conflict with the provision of this chapter. SECTION 7. Chapter 20.60 of Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.60 SIGNS Sections: 20.60.010 PURPOSE. 20.60.020 APPLICABILITY. 20.60.030 PERMITS REQUIRED. 20.60.040 DESIGN, CONSTRUCTION AND MAINTENANCE. 20.60.050 SIGN PLAN. 20.60.060 GENERAL PERMIT PROCEDURES. 20.60.070 SIGN ADJUSTMENT. 20.60.080 SIGNS IN NON - RESIDENTIAL ZONES. 20.60.090 SIGNS IN RESIDENTIAL ZONES. 20.60.100 SIGNS EXEMPT FROM REGULATION. 20.60.110 PROHIBITED SIGNS. 20.60.120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. 20.60.130 NONCONFORMING SIGNS. 20.60.140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS. 20.60.150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS- 20.60.010 PURPOSE. The purpose of this Chapter is to encourage the effective use of signs as a means of 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 under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan. 20.60.020 APPLICABILITY. A sign may only be erected and maintained, in conformance with the requirements of this Chapter. 4 ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 4 The effect of this Chapter is: A. To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Zones, subject to the standards and the permit procedures of this Chapter; B. To prohibit all signs not expressly permitted by this Chapter; and, C. To ensure that the constitutionally guaranteed right of free speech is protected. 20.60.030 PERMITS REQUIRED. A. The property owner shall secure a sign permit prior to the erection or modification of any sign which requires a permit under the provision of this Chapter. B. Signs in the public right -of -way shall be erected in accordance with Section 20.60.120. C. No sign permit shall be issued for any sign unless such sign is consistent with the requirements of this Chapter and with the -Sign Plan in effect for the property. 20.60.040 DESIGN, CONSTRUCTION AND MAINTENANCE. A. All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code; B. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Chapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure; and, C. All signs permitted pursuant to this Chapter shall be maintained in good repair, structural condition, function properly, be free from all defects, including, but not limited to, cracking, rusting, and peeling, and be in compliance with all building and electrical codes, at all times, to the satisfaction of the Director of Planning and Building Safety. Signs not so maintained shall be deemed a public nuisance and may be abated pursuant to Section 20.60.150. 20.60.050 SIGN PLAN. No permit shall be issued for an individual sign requiring a permit until a Sign Plan for the development, lot, or business has been approved by the Director of Planning and Building Safety. A. Sign Plan Requirements. A Sign Plan shall contain the following: 1. An accurate scaled plot plan of the lot; 2. Location of buildings, parking lots, driveways, and landscaped areas shown on the plot plan; 5 ORDINANCE NO1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 5 3. Computation of the maximum total sign area, maximum area for individual signs, height and number of signs, and total building wall area on which the signs are located; 4. The proposed location of each sign, present and future, whether requiring a permit or not, shown on both the plot plan and elevations; and, 5. Consistency standards among all signs on the lots affected by the Plan with regard to: a. Color scheme; b. Lettering or graphic style; C. Lighting; d. Material; and, e. Sign dimensions. B. Showing Window Signs on Sign Plan. A Sign Plan may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign. C. Consent. The Sign Plan shall be signed by all owners or their authorized agents. D Procedures. A Sign Plan may be amended by filing a new Sign Plan that conforms with all requirements of this Chapter. 20.60.060 GENERAL PERMIT PROCEDURES. The following procedures shall govern the submission and review, and issuance of all Sign Plans under this Chapter, and the application for and issuance of Sign Permits: A. Sign Plans 1. Fees. Each application for a Sign Plan shall be accompanied by the applicable fees, which shall be established by the City Council. A sign permit, consistent with an approved Sign Plan, shall not require an additional Sign Plan fee, except applicable Building Permit fees; 2. Completeness. Within 10 working days of receiving an application for a Sign Plan, the Director of Planning and Building Safety shall review it for completeness. If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such 10 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Chapter, and, 3. Action. Within 14 working days of the submission of a complete application for a Sign Plan, the Director shall either: a. Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Chapter; or, 6 ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 6 b. Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of this Chapter. In case of a rejection, the Director shall specify in the rejection the section(s) of this Chapter with which the plan is inconsistent. B. Sign Permits Individual Sign Permits. The Director of Planning and Building Safety shall review each application for an individual sign permit to ensure consistency with the purpose and development standards of this Chapter; and, any applicable approved Sign Plan for the property. The Director shall either: a. Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this Chapter and of the applicable Sign Plan; or, b. Reject the sign permit, if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this Chapter and/or of the applicable Sign Plan. In case of rejection, the Director shall specify in the rejection the section(s) of this Chapter or applicable plan with which the sign(s) is inconsistent; and, C. the Director shall either issue or reject the sign permit within 7 business days of receipt of a complete application. 20.60.070 SIGN ADJUSTMENT. In order to encourage quality signage, while assuring adequate business identification, modification from any non - structural provision of this Chapter may be granted upon the approval of a sign adjustment, pursuant to the requirements of Chapter 20.78, Adjustment. 20.60.080 SIGNS IN NON - RESIDENTIAL ZONES. The following development standards shall apply to signs in non - residential zones: A. General Provisions. All signs shall be erected and maintained consistent with the purposes of this Chapter; B. Freestanding Buildings. Freestanding buildings shall be allowed, wall, fin, marquee, canopy, projecting, and roof signage up to 5% of each building face; C. Store Fronts. Store front shops shall be allowed signage up to 15% of the face of each shop front, including any wall, fm, marquee, canopy, projecting, and roof signs; D. Monument or Ground Signs. Monument or ground signs up to 150 square feet of signage area per sign face shall be permitted; 7 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 7 E. Free Standing or Pole Signs. For lots with multiple uses or multiple users the number of free standing or pole signs shall be limited to a total of one for each street on which the lots included in the plan have frontage and shall provide for common usage of such signs, F. Site Signage. On -site signage used for either ingress or egress, identification of facilities or similar features shall 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 of El Segundo a maximum distance of 500 feet from the property on which the sign is located; H. Large Signs. Any sign over 500 square feet in area shall be subject to approval by the City Council; I. Temporary Signs. Temporary signs shall be allowed upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements: Special Event or Sale Signs. A sign advertising a special event or sale, up to a maximum size of 100 square feet for a specified maximum 30- day period is allowed, which may be renewed up to a total of 120 days. Animal or human beings, live or simulated, designed or used to attract attention to the premise 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; 2. Construction Signs. Signs identifying those persons engaged in construction up to a maximum of 32 square feet per construction site, shall be allowed for a maximum period of 6 months. The Director of Planning and Building Safety may grant up to three separate 6 month extensions; 3. Real Estate Signs. "For Sale ", "For Lease ", "For Rent" signs up to a maximum size of 32 square feet. Real estate signs shall be removed immediately following the sale (close of escrow), lease (occupancy), or disposition of the property; and, 4. Announcement Signs. One temporary construction "announcement" or "Coming Soon" sign up to a maximum size of 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 shall 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 5 foot minimum setback is maintained and the sign is not located in a required corner clearance or driveway visibility area; 8 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 8 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 6 square feet in area or 1% of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety 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 sponsors portion of the artwork, but names, insignia, or logos larger than 6 square feet or 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 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 shall be counted as a portion of the maximum signs otherwise permitted on the property (i.e. Freestanding buildings, store fronts, monument signs, etc.). 20.60.090 SIGNS IN RESIDENTIAL ZONES. The following sign regulations shall apply to residential zones: A. Residential uses in the R -1 and R -2 Zone shall be permitted one unlighted sign, not to exceed 6 square feet in area, pertaining only to the sale, lease or hire of only the particular building, property, or premises upon which the sign is displayed; B. One open house sign per lot, not to exceed 6 square feet in area, may be erected and maintained only during the period of time the open house is actually in progress. No open house signs may be erected or maintained on public property or in the public right -of -way or on property which is not the subject of the open house; C. In the R -1, R -2, R -3, PRD, and MDR Zones, during the initial period of the development project, signs not exceeding a cumulative total of 32 square feet in surface area, advertising development or the sale of subdivisions and tract homes, shall be permitted. This period shall be defined as beginning with the recording date of the subdivision map and terminating 12 months thereafter; D. Signs in the R -1, R -2, R -3, PRD and MDR Zones may identify those persons engaged in construction on -site, not to exceed a cumulative total of 32 square feet in area. However, such a sign is permitted only as long as construction is in progress, but under no circumstances shall it exceed 6 months; E. One identification sign per lot is allowed, not to exceed 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; 9 ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 9 F. The developer of a condominium project or condominium conversion shall install, prior to occupancy, one permanent sign standard or monument that is for the sole purpose of unit owners advertising their units "For Sale," "For Rent," or "For Lease." The design for the sign standard and its location on the property shall be approved by the Director of Planning and Building Safety prior to its installation. The one -side surface area of the sign shall not exceed a cumulative total of 9 square feet. No other "For Sale," "For Rent," or "For Lease" sign for individual units shall be permitted; G. Non- residential uses in the R -3 Zone shall be permitted one unlighted sign, not to exceed 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; H. Permitted non - residential uses in residential zones that are currently in compliance with the El Segundo Municipal Code, except home occupation businesses, shall be permitted one wall sign, not to exceed 6 square feet in size for the purpose of identifying the business located on the property; and, I. 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 6 square feet in area or 1% of the area of the artwork, whichever is less, and shall be subject to review by the Director of Planning and Building Safety 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 sponsors portion of the artwork, but names, insignia, or logos larger than 6 square feet or 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 500 square feet without City Council approval. 20.60.100 SIGNS EXEMPT FROM REGULATION. The following signs shall be exempt from obtaining a sign permit, but all signs must comply with the corner clearance and driveway visibility provisions of Chapter 20.12, General Provisions: A. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance, including; 1. 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. Any sign inside a building, not attached to a window or door, and not legible from a distance of more than 3 feet beyond the lot line of the lot or parcel on which such a sign is located; 10 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 10 C. Traffic control signs on private property, (e.g., Stop, Yield, and similar signs), the face of which meet California Department of Transportation or City Public Works standards and contain no commercial message; D. Building marker signs; E. Official Flags of the United States, the State of California, and other states of the nation, counties, municipalities; official flags of foreign nations, and nationally or internationally recognized organizations, including corporations; F. Strings of light bulbs used for traditional holiday decorations, during the appropriate holiday period, which do not contain a commercial message or are not used for commercial purposes; and, G. Political signs shall be permitted in any zone, except the Open -Space and Public - Facilities Zones, subject to the following: 1. Such signs shall not exceed 4 square feet in area; 2. Such signs shall be removed no later than 48 hours after the election or ballot measure to which they refer; and, 3. Such signs shall not be permitted on public property or in the public right -of -way. Such signs shall not be located or attached to any structure on public property or in any public right -of -way. Political signs shall not be attached to utility poles or street signs on public property or in the public right -of -way. 20.60.110 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; 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 drive - 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; 11 ORDINANCE NO. 12 9 0 APPROVING EA419A, ZTA 97 -3A PAGE NO. 11 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 500 feet 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; and, J. Strobe lights used in signs. 20.60.120 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. No signs shall be allowed on public property or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 of the El Segundo Municipal Code, and as listed below: A. Permanent Signs. 1. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street parking regulations; 2. Bus stop signs erected by a public transit company; 3. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, 4. Awning, canopy, fin, marquee, projecting and suspended signs which are attached to private property but project over public property or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code. B. Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public right -of- way. C. Removal of Other Signs. All signs installed or placed on public property or in the public right -of -way not in conformance with this section may be removed without complying with Section 20.60.160. Said signs shall be retained by the City for a period of not less than three working days. Thereafter, any unclaimed signs may be discarded. Should the City be required to remove any illegal sign pursuant to this Section, the cost of removal shall be assessed against the owner or person placing such sign. 12 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 12 20.60.130 NONCONFORMING SIGNS. A nonconforming sign shall not be: A. Changed to another nonconforming sign or replaced by the same nonconforming sign; B. Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into full conformance with all current provisions of this Chapter; C. Relocated to another site on the same property or any other property within the City; D. Re- established after discontinuance of the use for ninety days or more; or, E. Re- established after damage or destruction or more than fifty percent of the value of the structure of the sign prior to said damage or destruction. 20.60.140 INVENTORY OF ILLEGAL AND ABANDONED SIGNS. Within 120 days after adoption of this Section, the Director of Planning and Building Safety shall commence the identification and inventory of all illegal or abandoned signs in the City. 20.60.150 ABATEMENT OF ILLEGAL AND ABANDONED SIGNS. A. Every illegal or abandoned sign identified in the inventory required by Section 20.60.140 is declared a public nuisance. Any illegal or abandoned sign not complying with the provisions of this Chapter or for which no permit was issued - except for those signs which were valid when erected, made nonconforming by this Chapter and still in compliance with Section 20.60.040 - is declared to be a public nuisance and the Director of Planning and Building Safety shall order the abatement of the nuisance by demolition, repair, rehabilitation, or alteration so that the same conforms to the requirements of this Chapter. B. When the Director of Planning and Building Safety has found a public nuisance to exist pursuant to this Chapter, the Director shall give written notice to the party concerned by certified mail, stating the manner in which such sign does not comply with the provision of this Chapter. This notice of compliance shall also be posted on the sign itself or, if that is not possible, on any structure on the property on which the sign is located. The party concerned shall be the applicant for the sign if a permit was issued for the sign. If no permit was issued, then the party concerned shall be the person owning the premises on which the sign is located. The notice shall require the party concerned to bring the sign into compliance with the provisions of this Chapter within thirty days from the date of the notice. Failure of any party concerned to receive notice shall not affect the validity of any proceedings under this Chapter. 13 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 13 C. Any party concerned or having any interest in the sign may request a hearing regarding the notice of compliance. Such request for hearing shall be filed with the Director of Planning and Building Safety within ten days after the notice of compliance has been served. The request for hearing shall state the names of all parties concerned as known to the one requesting the hearing, the address at which notice to such persons may be given, and a summary of the reasons for which the hearing is being requested. D. Upon receiving a request for hearing, the Director of Planning and Building Safety shall set a hearing on the matter at least ten days after the request has been received. The Director of Planning and Building Safety shall give notice to the person requesting the hearing and all other parties concerned. Within ten days after the hearing, the Director shall render his or her decision, which is final and not appealable. If the sign is not in compliance with the provisions of this Chapter or the sign cannot be made in compliance with this Chapter, the Director shall order the removal of the sign. A written notice of decision shall be mailed to all persons who previously received notice. Within twenty days from the date of the notice, the applicant or owner of the property shall comply with the terms of the decision. If he or she fails to do so, then the City may cause the sign to be removed and assess the cost of such removal against the owner. SECTION 8. Section 20.78.010 of Chapter 20.78, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted, subject to the following restriction and in the manner hereafter provided. Adjustments may be granted to allow: A) A fence, wall, or hedge up a maximum height of eight (8) feet; B) Architectural Landscape Features which exceed the standards set forth in Section 20.12.170; C) Signs which exceed the standards set forth in Chapter 20.60; and, D) Noise Permits which exceed the standards set forth in Section 9.06.090. SECTION 9. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 10. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. 14 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 14 PASSED, APPROVED and ADOPTED this 15th day of December1998. P&kdPdordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 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. 1290 was duly introduced by said City Council at a regular meeting held on the 1st day of December 1 1998, 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 December 1998, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs,. McDowell, Wernick NOES: None ABSENT: Gaines ABSTAIN: None j Cindy Mort sJn, City Clerk APPROVED AS TO FORM: d Mark D. Hensley, City A o ey ea419sgn.ord 15 ORDINANCE NO. 1290 APPROVING EA419A, ZTA 97 -3A PAGE NO. 15