HomeMy WebLinkAboutNB 4 SIGN LEGISLATION 09-06-83DATE:
TO:
August 31, 1983
NEW BUSINESS
NO. 4
9-6-83
Inter-Corn
The Honorable Mayor and City Council
FROm: Bill Huston, City Manager
SUBJECT: SB 142 - SIGN LEGISLATION
RECOMMENDATION:
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Pleasure of the City Council.
BACKGROUND:
The City Council directed that this item be agendized in order that it could
discuss the City's position on SB 142. To date, the City has opposed SB 142
because if enacted, the State would preempt provisions Of the City's ordinance
concerning non-conforming signs. The City's sign code provides that upon
change of use Or ownership, a non-conforming sign mus~.be made to conform to
the current sign regulations. With the eXception of this provision, the City
does not have a requirement that signs must be made to conform by a certain
date.
DISCUSSION:
SB 142 has recently been amendeJ to grandfather all existing City sign codes.
Attached is a summary of the amendments enacted by the Assembly Governmental
Organization Committee on August 29. With these amendments, the League of
California Cities and the sign industry has endorsed SB 142.
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Attachment
7. OPPOSITION
WITHDRAWN
Accord Reached On Si~n Leg. islation. SB 142 (Ellis). Negotiations
this week have resulted in agreement on SB 142 which, in its
original form, would have totally preempted city control of signs.
The compromise agreement appears to resolve the concerns of all
cities and counties. The agreed upon legislation is as follows:
All existing sign ordinances which provide for amortization may continue in their
present form and all signs may be amortized pursuant to those provisions. These
ordinances may be reenacted or amended in ways which are not more restrictive.
In addition, a "window" for 18 months until February of 1985 is provided for
cities desiring to apply their amortization provisions to additional signs, to
make their ordinances more stringent but not to shorten the amortization period.
Cities which have ordinances which presently only apply in certain portions of
the city may extend their ordinance to other portions of the city without any
time restrictions as long as the amortization period is not more restrictive
than at the present. In addition, cities annexing new areas may apply their
existing sign ordinances to the newly annexed areas.
(2) New cities may enact an ordinance within 3 years after their incorporation. This
applies to all cities incorporated after March of 1982.
(3)
New ordinances by existing cities and counties which do not presently require
amortization and more restrictive ordinances adopted after February of 1985
would have t~ meet the restrictions contained in the bill. Generally, these
prohibit amortization of signs except for redevelopment areas., historical
districts or properties, or signs which are not designed or engineered to last
15 years, i.e., painted signs, placard type signs and other signs which must
be repainted or reconstructed after only a few years. However, these provi-
sions would not prohi.bit non-amortization methods of removing signs such as
the right to remove ~lleg~lly constructed signs, traffic hazards, abandoned
signs, or signs being reconstructed or used for buildings .which are being
substantially remodeled.
In most other land use subject areas, the League would be concerned about limiting
the future ability of cities to l eg'islate. However, it appears that in sign regU-
lation most of the problems are caused by lack of regulation in the past. Current
city sign ordinances amortize these old signs. New signs can be controlled by
enacting adequate standards for new development, so that new amortization ordinances
won't be needed.
Cities should indicate their appreciation for the continuing efforts of Senator
Ellis to convince the proponents of the legislation of the need to allow for reason-
able local regulation and the efforts of Assembly GovernmentaJ Organization Committee
Chairman Richard Alatorre who, in responding to specific concerns raised by the
cities of Los Angeles and Pasadena, several times delayed hearings on the bill,
forcing further negotiations eventually resulting in agreement.
SB 142 is now expected to be easily approved by the Assembly Governmental Organi-
zation Committee on Monday, August 29, and by +he full Assembly and Senate in the.
remaining two weeks of the L.egislature.