SUBJECT:

1. DURATION ALLOWED FOR DISPLAY OF TEMPORARY BANNER SIGNS
2. TRIAL PROGRAM FOR ENFORCING TEMPORARY SIGN REQUIREMENTS, 1997-1998

PURPOSE: TO EXTEND THE ALLOWABLE DURATION FOR DISPLAY OF BANNERS FROM 60-90 DAYS, USING 1998 FOR A TRIAL PERIOD
TO TRY A NEW METHOD OF ENFORCEMENT, AND USE CITATION AUTHORITY OF THE POLICE / PARKING ENFORCEMENT PERSONNEL FOR VIOLATORS IF NECESSARY
INITIATED BY CITY COUNCIL
Planning Commission and Staff Recommendation

To adopt the attached 45 day interim ordinance, and to direct staff to begin the trial enforcement program.

Background

At their meeting of October 21, 1997, the Planning Commission recommended Council approval of the proposed changes.

The proposed changes originated from City Council direction to extend the allowable duration of banner signs from 60 to 90 days per year; to extend the allowable display of all types of temporary signs for grand opening from 60 to 90 days; and to allow display for smaller increments of time without automatically counting as 30-days. The Council also previously agreed to pursue a more direct approach to enforcing compliance with these new standards to minimize the amount of time staff commits to banner sign code enforcement. Currently, banner enforcement has been limited to responding to complaints.

Analysis

The proposal combines relaxing the standards for display periods while imposing a more direct and effective method of enforcement. Currently, up to three letters are sent: the first a friendly request; the second a reminder; and the third a certified letter. This process can take up to 2-3 months and has limited success. Under the proposed new procedure, staff will survey the City on a more regular basis. When an unpermitted temporary sign is identified an effort will be made to quickly resolve the issue by telephone. If that doesn't work, one notification letter will be sent via certified mail to clearly explain the law, and state that if the violation is not corrected within 10 days (either by obtaining a permit, or removing the sign), a citation will be issued. The citation fee is $50.00 for the first offense. It is expected that the citation process will expedite compliance.

Staff recommends use of the one or two year trial period without changes to the existing ordinance, so the City can begin and test the program. This will allow the Planning Commission and City Council to make an informed assessment of the program when considering a permanent ordinance amendment. The attached interim ordinance will be effective for 45 days, and within that time period may then be extended another 10 months 15 days, or 22 month15 days, pursuant to state law.

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ORDINANCE 97-

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA ESTABLISHING AN INTERIM ORDINANCE TO EXTEND THE ALLOWED DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM 60 TO 90 DAYS.

The City Council of the City of Hermosa Beach does hereby resolve and order as follows:

Section 1. The City Council initiated consideration of the proposed changes for duration of temporary signs.

Section 2. The Planning Commission held a duly noticed public hearing on October 21, 1997, at which the Commission recommended adoption of an interim ordinance to extend the duration for display of temporary signs.

Section 3. The City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council.

Section 4. Based on the evidence considered at the public hearing, the City Council makes the following findings:

1. The current limit of 60 days for displaying temporary signs pursuant to Section 17.50.210 is a threat to the welfare of many businesses in the city as it may not be adequate for businesses to successfully advertise seasonal sales, special events, and/or grand openings;
2. Allowing the duration to be extended for an interim period allows the City to evaluate whether the change is desirable prior to enacting an amendment to the Municipal Code;

Section 5. Based on the foregoing findings, the City Council hereby ordains the following:

1. The allowable duration for business to display banner signs may be extended from 60 to 90 days per year, and display of temporary banner signs are allowed for smaller increments of time without automatically counting as 30-days
2. The allowable display of all types of temporary signs for grand openings may be extended from 60 to 90 days.

Section 6. This ordinance is effective for a period of 45 days from today's date unless extended pursuant to State Government Code 65858.

Section 7. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

Section 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law.

Section 9. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 9th day of December by the following vote:

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