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ORDINANCE NO. _______ ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY AMENDING SECTION 9.62.070 OF
THE CITY CODE TO PROHIBIT NEW BILLBOARDS
WHEREAS, it is within a city’s zoning powers to regulate billboards, including prohibitions on billboards; and
WHEREAS, the City Council desires to improve the aesthetics of the City, and the proliferation of billboards in the City has negatively impacted the City’s aesthetics; and WHEREAS, the adoption of this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines 15301, 15303 and 15061(b)(3).
The ordinance prohibits new billboards and allows existing legal nonconforming billboards to be maintained. The ordinance does not have the potential to cause significant environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 AMENDMENT OF SECTION 9.62.070 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Paragraph A of Section 9.62.070 of the Cathedral City Municipal Code is amended in its entirety to read as follows:
“A. Billboard Signs.
1. Billboards Prohibited. No person shall erect or maintain a billboard within the city.
2. Nonconforming Billboards. A legal nonconforming billboard may continue to be operated and maintained in accordance with Chapter 9.66 of this code. For the purposes of this paragraph and paragraph A of Section 9.66.030, converting a legal nonconforming billboard with static copy to a billboard with digital or changeable copy is deemed an increase in intensity of the nonconforming use and shall not be permitted.
3. Billboards on Tribal Land. Billboards on Tribal land shall conform to Ordinance No. 13, as amended, of the Agua Caliente Band of Cahuilla Indians, entitled “Tribal Ordinance Controlling Outdoor Advertising Displays.”
4. Cannabis Advertising.
a. No person shall allow cannabis or cannabis products to be advertised on any billboard within one thousand feet of:
i. A day care center, which for the purposes of this section means a child -2-
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day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers; ii. A public or private school providing instruction in any grade from kindergarten to twelfth grade;
iii. A park;
iv. A youth center, which for the purposes of this section means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities; or v. The city’s public library.
b. No person shall allow cannabis or cannabis products to be advertised on any billboard that depicts any of the following:
i. A person or character engaged in the act of smoking, vaping or otherwise ingesting cannabis or cannabis products; or
ii. Cartoon characters or other characters attractive to children.” SECTION 2 SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 3 EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 4 POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.
SECTION 5 CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2022, by the following vote:
Ayes:
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Noes:
Abstain:
Absent:
______________________________
Ernesto Gutierrez, Mayor
ATTEST:
____________________________
Tracey Martinez, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney