City of Hermosa Beach --- 07-24-01

SUBJECT: SIGN ORDINANCE TEXT AMENDMENT 01-03

 

  • PURPOSE: to exempt HOLIDAY DECORATIONS from sign regulations
  • INITIATED BY THE CITY COUNCIL

Recommendation

To introduce the attached ordinance.

Background

At the meeting of May 15, 2001 the Planning Commission recommended approval of the proposed ordinance to exempt holiday decorations from the requirement for a sign permit.

At their meeting of February 27, 2001, the City Council directed staff to differentiate holiday decorations from advertisements in the sign ordinance.

Chapter 17.52 of the Zoning Ordinance defines "signs" as follows:

"Sign" is any medium including representational art with its structure and component parts which is intended to be used to attract attention to goods and/or services offered by the business on the premises.

Section 17.50.040 establishes the requirement to obtain a sign permit for the erection, construction, or alteration of signs. Sub-section D. provides exceptions from this permitting requirement for the following signs:

  • The changing of copy on theater marquees
  • Repainting or cleaning, unless a change in sign copy is made
  • Non-illuminated construction signs (not to exceed 25 square feet and six feet in height)
  • One non-illuminated real estate sign (provided it complies with regulations for each zone)
  • Political Signs
  • Building Identification signs not to exceed 2 square feet.
  • Further exceptions are provided for the U.S. and State flags, and for temporary window signs of 10 square feet or less.

Analysis

Currently, staff does not typically require permits for decorations that are obviously for holiday purposes, or enforce removal of these decorations, even in situations where they could be considered to be "attracting attention to goods and services" since they are only for the duration of the holiday. The enforcement of the inflatable ghost "decoration" being displayed by Treasure Chest was brought about by a complaint from another downtown business owner. Further, it appeared to be drawing attention to goods being sold on the premises (Halloween costumes).

The recommendation is to amend Section 17.50.040(D) to add "holiday decorations" as exempt from sign permits, which would codify the City’s current practice. This would clearly distinguish holiday decorations from other types of temporary signs that serve only to attract attention to goods or services.

Staff reviewed adjacent City’s sign ordinances to see if any similar exceptions were granted for holiday decorations. Redondo Beach specifically lists "holiday decorations" as exempt from sign regulations. El Segundo exempts "strings of light bulbs used for traditional holiday decorations." Torrance provides an exception for "temporary civic and religious signs." Manhattan Beach is silent on the issue.

Proposed Amendment – Section 17.50.040

" D. Exceptions . The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provision of this chapter or any other law or ordinance relating the same.

1. The changing of the identifying copy or message on theater marquees and similar signs specifically designed for the use of replaceable copy;

2. Repainting or cleaning of a sign shall not be considered an erection or alteration which requires a sign permit unless a structural, copy or color change is made;

3. Nonilluminated construction signs, not to exceed twenty-five (25) square feet per site and not more than six feet in height above grade; provided the sign shall not be erected, installed or maintained on any premises until the required permits for the construction have been obtained and are removed prior to final inspection;

4. One nonilluminated real estate sign per site provided the sign complies with the regulations for real estate signs set forth in each zoning district;

5. Political signs;

6. Building identification signs not to exceed two square feet in area.

7. Temporary holiday decorations (if displayed by a business, do not contain text or graphics that advertise goods or services)

 

ORDINANCE

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE, CHAPTER 17.50 SIGNS, TO EXCEPT HOLIDAY DECORATIONS FROM SIGN PERMIT REQUIREMENTS

 

The City Council of the City of Hermosa Beach does hereby ordain as follows:

Section 1 . The City Council held a duly noticed public hearing on July 24, 2001, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance to except holiday decorations from sign permit requirements.

Section 2 . The Planning Commission held a duly noticed public hearing on April 17, and May 15, 2001, to consider amending the Zoning Ordinance, Section 17.50.040, to provide an exception for holiday decorations from the sign permitting requirements and recommended approval of the amendment as proposed by staff..

Section 3 . Based on the evidence considered at the public hearing, the City Council makes the following findings:

Holiday decorations and displays " which are intended to be used to attract attention to goods and/or services offered by the business on the premises" are considered signs, pursuant to the definition of "sign" in Chapter 17.50. As such, these types of decorations are subject to sign permitting requirements, and in some cases would be prohibited if they were considered roof signs, moving signs, or other types of prohibited signs.

Section 17.50.040 provides exceptions to sign permit requirements for certain types of signs and displays, such as political signs, construction signs, building identification signs, and real estate signs, but does not include holiday signs or decorations.

It would be appropriate to include holiday decorations as another exception to sign permitting requirements, as long as the decoration does not specifically attract attention to a business name or product with words or graphics.

Section 4. Based on the foregoing, the City Council hereby recommends that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows:

Amend Section 17.50.040 to read as follows (underlined text to be added):

" D. Exceptions. The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provision of this chapter or any other law or ordinance relating the same.

1. The changing of the identifying copy or message on theater marquees and similar signs specifically designed for the use of replaceable copy;

2. Repainting or cleaning of a sign shall not be considered an erection or alteration which requires a sign permit unless a structural, copy or color change is made;

3. Nonilluminated construction signs, not to exceed twenty-five (25) square feet per site and not more than six feet in height above grade; provided the sign shall not be erected, installed or maintained on any premises until the required permits for the construction have been obtained and are removed prior to final inspection;

4. One nonilluminated real estate sign per site provided the sign complies with the regulations for real estate signs set forth in each zoning district;

5. Political signs;

6. Building identification signs not to exceed two square feet in area.

7. Temporary holiday decorations (if displayed by a business, do not contain text or graphics that advertise goods or services ) "

Section 5. 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 6. 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 7. 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 day of , 2001, by the following vote:

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