In the Matter of: BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG Ordinance Amending Pittsburg Municipal Code Title 19 (Signs, to Remove the Prohibition on Installation of Billboards and Allow Billboards Subject to Certain Standards ORDINANCE NO. 14- The City Council of the City of Pittsburg DOES ORDAIN as follows: SECTION 1. Recitals. A. On April 15, 2013, the City Council adopted a list of goals for 2013-2014. City Council Goal 1 (Increase Revenues and Reduce Expenses included a specific program that supported the installation of electronic billboards at select locations along the State Route 4 corridor, as a source of revenue for the City. The secondary component to that adopted program included a review and revision of the City s policy applicable to billboard signs. B. Pittsburg Municipal Code (PMC section 19.12.060, subsections I and R, prohibit installation of signs in the City where display changes intermittently, as well as billboard signs used for general advertising of goods and businesses not associated with the property on which the signs are placed. C. Billboards and other off-site or changeable copy signs that have been built in the City in the last 15 years were permitted under the sign exception process outlined in Pittsburg Municipal Code (PMC section 19.08.020. However, given the Council s goal to utilize electronic billboards as a potential source of revenue, staff anticipates that there will be additional requests to install this type of signage, and believes it is appropriate to establish a procedure and comprehensive set of local standards that govern the signs installation. D. At its meetings of January 29 and September 17, 2013, the Land Use Subcommittee discussed potential billboard sign locations and installation criteria. Subcommittee members recommended limiting off-site billboard signage to three spaced locations along the State Route 4 corridor, generally at the western, central and eastern portions of the corridor. E. This amendment of the municipal code is exempt from the requirements of the California Environmental Quality Act (CEQA under the general rule of the state CEQA Guidelines, section 15061, in that the activity in question consists of text changes that would not directly have a significant negative physical impact on the environment. The amendments include criteria that would govern the installation of billboard signs but do not allow billboard signs to be installed except with the approval of the City Council. Thus, future requests to install billboard signage would be subject to the discretion of the City Council and would be subject to projectspecific analysis to determine potential environmental impacts of the proposed sign. Ordinance No. 14- Page 1 of 7 [date]
F. On November 25, 2014, the Planning Commission held a duly noticed public hearing and subsequently adopted Resolution No. 9991 recommending City Council approval of the draft amendment to the sign code in order to allow billboard signs. G. On or prior to December 5, 2014, in accordance with Government Code section 65856, a Notice of Public Hearing for the December 15, 2014, City Council public hearing on this amendment was published in the East County Times. Notice was also mailed via first class or electronic mail to individuals and agencies who had previously filed written request for notice; was posted at City Hall and on the City website; and was delivered for posting at the Pittsburg Library. H. On December 15, 2014, the City Council held a public hearing on a draft amendment of PMC Title 19 (Signs to allow billboard signs, at which time oral and/or written testimony was considered. SECTION 2. Findings. A. Based on the Staff Report entitled, Introduction and Waive First Reading of a City Council Ordinance Amending Pittsburg Municipal Code Title 19 (Signs to Allow Billboard Signs, dated December 15, 2014, and based on evidence presented to the City Council on December 15, 2014, the City Council finds that: 1. All recitals above are true and correct and are incorporated herein by reference. 2. Amendment of PMC Title 19 (Signs to allow off-site signage is consistent with the Council s goals to utilize billboards, and particularly electronic billboards, as a potential source of revenue for the City. In this way, the amendment fulfills established policy objectives to increase the General Fund balance, thereby supporting the City s efforts to meet the community s need for public services such as safety and infrastructure. While the amendment increases flexibility in the types of signage that could be permitted in the City, the draft amendment also establishes standards that will govern the signs installation. Some of these standards include regulations on the signs maximum area, their proximity to freeway signs and other billboard signs, the total number that could be installed City-wide, and (for digital billboard signs their illumination and duration of display of advertisements. 3. Under the provisions of the draft text amendment, all requests for permits for digital or static billboard signs will require City Council approval and could thereby be conditioned to require removal of existing billboards in the City, which is consistent with one of the intents of the City s current sign ordinance to reduce blight and clutter caused by excessive signage. Because the signs could be used to promote Pittsburg businesses and events, many of which are not adjacent to or visible from State Route 4, the additional flexibility in the draft amendment to allow billboards will provide an opportunity for local businesses in the City to take advantage of the high volume of traffic on the State Route 4 freeway to grow their customer bases. Ordinance No. 14- Page 2 of 7 [date]
4. The sign code text amendment to allow billboards and the associated governing standards are consistent with the intent of General Plan policy 4- P-66, which encourages revision of the City s sign regulations to allow a limited number of coordinated, large freestanding signs to highlight local and regional commercial uses. SECTION 3. Decision. Based on the findings and the authority set forth above, the City Council hereby adopts an ordinance amending certain sections of Title 19, Signs, of the Pittsburg Municipal Code, as follows. Sections 5 and 6 are hereby added to PMC section 19.04.010, Purpose, to read as follows: 5. Enhance traffic safety by ensuring that signage does not distract motorists or otherwise obstruct or impede traffic circulation; and 6. Allow limited opportunities for structures to be used for general advertising purposes offsite of a business, as a means to disseminate community messages and promote economic development by providing a mechanism to advertise local goods and services in highly visible locations. Subsections 5, 13 and 31 of PMC section 19.14.020, Definitions, are hereby amended to read as follows: 5. Billboard means an off-site advertising structure in a fixed location that is supported wholly or in part on the ground or against or atop a building. Billboard signs may be singlesided or double-sided. a. Digital Billboard means an off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure. Each static message shall not include flashing or the varying of light intensity. b. Traditional billboard means an off-site advertising structure with a fixed advertising surface that is changeable only by manual change of the display material. c. Variable message billboard means an off-site advertising structure with a paneled or segmented advertising surface, the panels or segments of which rotate to allow for changing display of more than two advertisements at intervals of no fewer than 10 seconds. 13. Illuminated sign means a sign that is illuminated by artificial means either by flood lamp, neon, incandescent, fluorescent or LED (Light Emitting Diode type lighting. An interior illuminated sign is a sign whose lighting is within the sign enclosure or behind a translucent plastic or glass sign face or window. An exterior illuminated sign is a sign whose lighting is outside the sign on a structure or the ground and directed primarily to illuminate the sign. 31. Reader board means a permanent, on-site sign structure or portion thereof, upon Ordinance No. 14- Page 3 of 7 [date]
which is displayed advertising material or copy of a temporary or changeable nature, such as a bulletin board or theater marquee. Subsections A.1, A.2 and A.4 of PMC section 19.08.020, Procedures Exceptions, are hereby amended to read as follows: 1. Application. The property owner or his agent shall file an application for sign review or a master sign program in a form and manner prescribed by the city planner. The applicant shall pay a fee in an amount established by city council resolution. 2. Reviewing Body. a. The city council shall review an application for a new billboard, or a modification of an existing billboard that would increase the height, area of advertising surface, method of display or the number or frequency of changing displays. b. The planning commission shall review an application for: i. A freestanding sign (unless the sign replaces a previously approved freestanding sign and does not exceed the approved size or height; ii. A building sign that exceeds 25 feet in height; iii. A master sign program; iv. An exception to the sign regulations of this title; and v. Any application referred by the city planner. c. The city planner shall review all other sign review applications. The city planner may refer review of an application to the planning commission. 4. Expiration. Approval of a sign review permit or master sign program expires one year after the effective date of the approval unless the sign is placed or construction is underway and diligently pursued before the expiration of one year. The reviewing body may extend the date for not more than one additional year if a written request is filed with the city planner before the expiration date. Subsection B of PMC section 19.12.010, General Regulations, is hereby amended to read as follows: B. Illumination. Illumination shall be concentrated on the area of the sign so as to prevent glare upon the street, adjacent properties or the night sky. The intensity of illumination or its direction may not be a menace to traffic or a nuisance to adjacent properties or the surrounding environment. Section 19.12.025, Billboards, is hereby added to PMC chapter 19.12, General Regulations Exempt Signs Prohibited Signs, to read as follows: 19.12.025 Billboard signs. A. A new traditional or digital billboard sign may be installed only upon approval of a sign permit (section 19.08.020 PMC and a license agreement between the sign operator and the city. Among other things, the license agreement shall specify the term of the license agreement and the benefit to the community as a result of the sign. The city council shall have the discretion to approve or deny the license agreement and may consider the request for a sign permit at the same time that it considers approval or denial of the license agreement. Ordinance No. 14- Page 4 of 7 [date]
B. An application for a billboard sign permit shall include plans, including the location and height of the proposed sign, dimensions of the proposed sign face, photosimulations of the proposed sign, a light impact analysis study that addresses the impact of the proposed sign on its surroundings, and any other information required by the city planner. In lieu of or in addition to the light impact analysis required to be submitted by the applicant, the city planner may require that the light impact analysis be prepared or reviewed by a consultant selected by the city, with the cost of the study or peer review borne by the applicant. C. Billboard signs shall only be located adjacent to and oriented so as to be visible to drivers on a freeway as designated in the general plan, and shall not be located along any other arterial, collector or other street in the city. Prior to constructing a billboard sign approved in accordance with this section, an applicant for a billboard sign shall provide evidence of approval of an outdoor advertising permit form the California Department of Transportation, which evidence shall be satisfactory to the city planner. D. No portion of a billboard sign may be placed in or project over or into a public right-ofway. E. A billboard may be no closer than 500 feet to a freeway monument sign. F. A billboard may be no taller than 55 feet. G. A billboard may have no more than two display surfaces, and neither display surface shall have an area greater than 672 square feet, (excluding cabinetry and trim. The surfaces may be placed with backs adjacent to each other, or they may have an angle of separation of not more than 30 degrees, but the two display surfaces may not be vertically stacked. H. A billboard shall not be permitted if its operation would emit noise on a regular and frequent basis. I. For digital billboards, the following standards apply: 1. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity; 2. Each message on the sign must be displayed for a minimum of (8 eight seconds. Transition time between messages shall be no more than two (2 seconds. Removal of a display or advertisement from the display surface shall be instantaneous, and blinking, fading, rolling, dissolving and similar effects shall not be used to transition between images; 3. Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance of 250 feet for a sign with a sign face display area of 672 square feet; 4. The sign shall include a default mechanism that shall freeze the sign in a dark screen in the event of a malfunction in the sign s operation; 5. The sign shall include a photocell or other light detection mechanism that would Ordinance No. 14- Page 5 of 7 [date]
automatically adjust the brightness of the display according to ambient light, with reduced brightness on overcast days and in the hours between sunset and sunrise; and 6. The sign face shall not be illuminated between the hours of midnight and 6:00 a.m., if any part of the billboard sign structure would be within a residential zoning district or within 300 feet of the boundary of a residential zoning district. J. For digital or variable message billboards, the message shall be conveyed in a single frame of display. A message or advertisement shall not be permitted if it is displayed in two or more consecutive images. K. The sign operator shall provide for display of information about emergencies, such as abductions and evacuations, as may be required by official law enforcement agencies to ensure public safety. L. No billboard sign approved after January 1, 2015, shall be closer than two miles to any other billboard sign along the freeway corridor. After January 1, 2015, the city shall give approval for the installation of no more than two new billboard signs in accordance with this section. M. Approval of a sign permit for a billboard shall be deemed invalid if the sign approved is not installed in compliance with the conditions of approval within one year of the date of approval the sign permit, or in compliance with the license agreement if that agreement provides for a longer period of time. Subsection L of PMC section 19.12.040, Exempt Signs, is hereby amended to read as follows: L. The changeable copy or message portion of a reader board, including theater marquee or bulletin board; provided, that the copy is remotely or manually changed no more than once per day. Subsections I and R of PMC section 19.12.050, Prohibited Signs, is hereby amended to read as follows: I. A moving sign or a sign that rotates, flashes or oscillates, except for a traditional symbolic sign such as a barber shop pole, or a variable billboard permitted under PMC 19.12.025; R. An off-site sign excepting one specifically permitted under PMC 19.12.025, 19.12.040 or 19.12.050; SECTION 4. Publication. The City Clerk shall either (a have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b have a summary of the ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 20 days after its adoption. Ordinance No. 14- Page 6 of 7 [date]
The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on December 15, 2014, 2014, and was adopted and ordered published at a meeting of the City Council held on, 2015, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ATTEST: Dwaine Pete Longmire, Mayor Alice E. Evenson, City Clerk Ordinance No. 14- Page 7 of 7 [date]