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Home My WebLink About12-Development Services '. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Development Code Amendment No. 99-08, a City initiated request to modify Development Code Chapter 19.22 (Sign Regulations) to include text related to sign abatement procedures. Dept: Development Services ORIGINAL Date: November 8, 1999 MCC Date: December 6, 1999 Synopsis of Previous Council Action: In September 1999, the Mayor and Common Council adopted a comprehensive revision to Chapter 19,22. Recommended Motion: That the Mayor and Common Council close the public hearing and """,D~ Cod< ~ No. 99-08. ~~ Signat e Contact person: M~~g~rpt P~r1c Phone: ~ll4_'\O'\7 Supporting data attached: StaffRt:port, Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (A....r.t nA~~riptinn) Finance: Council Notes: /dU'/~ /:;J..~t}, ~9f''1' #-3~ , , Agenda Item No, Ii I;;' /~~/;~9r CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 99-08, A CITY INITIATED REQUEST TO MODIFY DEVELOPMENT CODE CHAPTER 19.22 (SIGN REGULATIONS) TO INCLUDE TEXT RELATED TO SIGN ABATEMENT PROCEDURES. Mayor and Common Council meeting of December 6, 1999 BACKGROUND: This is a City initiated request to modify Development Code Chapter 19.22 (Sign Regulations) to include text related to sign abatement procedures. This amendment is requested because staff, during the comprehensive revision of the sign regulations (DCA 99-01), inadvertently left out the abatement language. The abatement language was in the previous version of Chapter 19.22 and is necessary for Code Compliance to pursue abatement of signage when necessary. ISSUES: None FINANCIAL IMP ACT: None RECOMMENDATION: Staff recommends that the Mayor and Common Council approve Development Code Amendment No. 99-08 based on the Findings of Fact as presented in Exhibit 1. Exhibits: 1. Findings of Fact 2. Revised Chapter 19.22 with new text shown in bold lettering. 3. Ordinance for Development Code Amendment No. 99-08 ExHusIT "I" Development Code Amendment 99-08 Findin2s of Fact 1. Is the proposed amendment consistent with the General Plan? Yes. This modification to the sign regulations will be consistent with the General Plan Objective 1.42, which encourages the revitalization of deteriorated and dilapidated buildings and sites. The inclusion of sign abatement language will help achieve this objective. 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the City? No. The abatement of illegal or abandoned signage will be helpful to existing business and residents throughout the City by eliminating blight and removing signage that has not been maintained. EXlUBIT "2" SIGN REGULATIONS - 19.22 19.22.100 ABANDONED SIGNS 1. Any abandoned or illegal sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of San Bernardino. Any sign which is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety, and welfare of the citizens of San Bernardino. Any such sign as set forth herein is hereby deemed to be a public nuisance. 2. Any abandoned sign deemed to be a public nuisance shall be removed by the property owner within 30 days after notice via a Notice of Violation from the Code Compliance Department. Within the 10 days after the notice, the property owner may request an appeal hearing before the Hearing Officer on the abandonment and nuisance determination. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of a public nuisance. If no hearing is requested, or if the appeal has been denied and/or if there is no correction to the violation, the Code Compliance Department will abate the violation. Costs of such abatement may be assessed against the property, using the procedures established in Municipal Code Section 8.30.130. MC 1057 10/8/99 3. Signs removed by the Code Compliance Department pursuant to this Chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the 30 day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the City, and the cost of removal shall be billed to the property owner. 19.22.110 SIGN CONSTRUCTION AND MAINTENANCE 1. Every sign, and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the Uniform Building Code. 2. Every sign including those specifically exempt from this Development Code in respect to permits and permit fees, and all parts, portions, and materials shall be maintained and kept in good repair. 3. A maintained sign is a sign that meets all of the following criteria: A. All sign faces, supports, braces, guys and anchors are kept in repair and in a proper state of preservation. B. There is no evidence of deterioration, including peeling, rust, corrosion, dirt, fading, discoloration or holes. C. The sign does not have broken or missing sign faces or letters. D. There is no chipped or peeling paint. E. There are no missing or inoperative lights. ill-31 10/99 o o o 4. SIGN REGULATIONS - 19.22 An unmaintained sign shall be repaired or replaced within 30 calendar days following notification via a Notice of Violation from the Code Compliance Department. Noncompliance with such a request shall constitute a nuisance and penalties may be assessed in accordance with the provisions of Chapter 19.46. MC 1057 10/8/99 19.22.120 NONCONFORMING SIGNS 1. A legal non-conforming sign may be reused subject to the following: A. The sign is not abandoned or illegal as defined in Section 19.22.030. B. The sign is not a public nuisance as dermed in Section 19.22.030 and MC Section 8.30.010. C. The sign is maintained in accordance with Section 19.22.110. D. The sign is cut-off at the base and stored onsite, provided the stored sign is not visible from the public right-of-way or from adjacent properties. Storage of the sign must be in compliance with all applicable provisions of the Development Code. E. The property owner has 24 consecutive months from the date of removal to reinstall the sign for a tenant. A legally established tenant must occupy the site in order for the sign to be reinstalled. F. If the use of the sign is discontinued for a period of 24 or more consecutive calendar months, it shall lose its legal non-conforming status, and any replacement signage shall be required to conform with the provisions of this Development Code. 2. All non-conforming signs shall be demolished when the building that they advertise is demolished. MC 948 7/10/95 3. Legal non-conforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal non-conforming freestanding signs prevent the installation of conforming wall signs. MC 1057 10/8/99 19.22.130 REMOVAL OF ILLEGAL SIGNS 1. Any illegal sign shall be removed by the property owner within 10 days after notice via a Notice of Violation from the Code Compliance Department. Within the 10 days after the notice, the property owner may request a hearing before the Hearing Officer on the illegal sign determination. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of an illegal sign. If no hearing is requested, if the appeal has been denied and/or there is no correction to the violation, the Code Compliance Department will abate the violation, pursuant to Municipal Code Chapter 8.30. Costs of such abatement may be assessed against the property, using the procedures established in Municipal Code Section 8.30.130. MC 1057 10/8/99 m-32 10/99 o o o 2. SIGN REGULATIONS - 19.22 Signs removed by the Code Compliance Department pursuant to this Chapter shall be stored for a period of 30-days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the 30 day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the City, and the cost of removal shall be billed to the property owner. 19.22.140 INVENTORY AND ABATEMENT Within 6 months from the date of adoption of this Development Code, the City shall commence a program to inventory and identify illegal or abandoned signs within its jurisdiction. Within 60 days after this 6-month period, the City shall commence abatement of identified illegal or abandoned signs. 19.22.150 SIGN REGULATIONS Table 022.01 identifies the signs permitted in each of the land use districts. In addition to the following regulations. all signs must be in compliance with all other provisions of this Chapter pertaining to signs. ill-33 10/99 o o o (g@[P))f 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPI'ER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL 3 CODE (DEVELOPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN 4 ABATEMEL'IT PROCEDURES. 5 6 7 8 9 10 ORDINANCE NO. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.' Chapter 19.22, Sections 19.22.100 and 19.22.130 of the Municipal Code (Development Code) are amended to include text related to sign abatement procedures; all other provisions of Chapter 19.22 remain unchanged. Chapter 19.22, Sections 19.22.100 and 19.22.130 are hereby amended to read as shown in 11 12 Exhibit A attached hereto and incorporated herein by reference. 13 IIII 14 IIII 15 IIII 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1[o..1f tL/tr199 o () o 1 AN ORDINANCE. . . AMENDING CHAPTER 19.22 (SIGN REGULATIONS), CTIONS 19.22.100 & 19.22.130 OF THE SAN BERNARDINO MUNICIPAL CODE 2 EVELOPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN ABATEMENT 3 ROCEDURES. 4 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a meeting thereof, held on day of , 1999, by the following vote to wit: AYES NAYS ABSTAIN ABSENT 14 15 16 17 18 19 20 1999. 21 22 23 24 25 26 27 28 City Clerk The foregoing ordinance is hereby approved this day of JUDITH VALLES, Mayor City of San Bernardino pproved as to form legal content: 2 . ~ BERN ARDIN 0 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 92418 RACHEL C L ARK CITY CLERK December 21, 1999 Los Angeles County Law Library 30 1 West First Street Los Angeles, CA 90012-3100 Re: City of San Bernardino Municipal Code Update Gentlemen: Enclosed please find a copy of executed Ordinance No. MC-1063, which was adopted by the Mayor and Common Council on December 20, 1999. Should you have any questions, please do not hesitate to contact Deputy City Clerk Linda Hartzel at 384-5002. Sincerely, Rachel G. Clark, CMC City Clerk By' '7 :t . I :Co -!:l . ~____ ....:-. /-'a,-~<j/ . J Linda E. Hartzel Deputy City Clerk lh Enclosure P. O. BOX 131', SAN BERNARDINO. CA 12402 300 NORTH 0 STREET, SAN BERNARDINO. CALIFORNIA 92418.0001 {tOI)314.S002 (101)314."02 'AX-(10.)384.515. TDD/TTY.{IO')314.S540 c BERN ARDIN 0 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 9241B RACHEL C L ARK CITY CLERK December 21, 1999 Ms. Carolyn Poston, Director San Bernardino County Law Library 402 North D Street San Bernardino, CA 92401 Re: City of San Bernardino Municipal Code Update Dear Ms. Poston: Enclosed please find two copies of executed Ordinance No. MC-I063, which was adopted by the Mayor and Common Council on December 20, 1999. Should you have any questions, please do not hesitate to contact Deputy City Clerk Linda Hartzel at 384-5002. Sincerely, Rachel G. Clark, CMC City Clerk By: tF~ ~- Ii J-' {... ..tfd/'..t.~_L-t I J- Linda E. Hartzel Deputy City Clerk lh Enclosures P. O. BOX 131', SAN BERNARDINO, CA .2402 300 NORTH 0 STREET, SAN BERNARDINO. CALIFORNIA 92418.0001 (101)314.5002 (10')3'4.5102 '41-(101)3'4_5151 TDDITTY -(10')31"-5540