City Council Meeting – Co uncil Member Items Report
To: City Council
From: City Council Member Dan Kalmick
Date: May 7, 2024
Subject: SIGN CODE UPDATE (HBZSO SECTION 233) – REQUEST ACTION 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov On November 15, 2022, the City Council unanimously voted on the following:
“Direct the City Manager and City AƩorney's office to review our Sign Code (HBZSO SecƟon 233) for compliance with” two U.S. Supreme Court rulings, Reed v. Town of Gilbert (decided in 2015, a month aŌer the last Sign Code Update), and City of AusƟn v. Reagan NaƟonal AdverƟsing (decided in early 2022) “and any other rulings not listed here and bring back any necessary Zoning Text Amendments to the Planning Commission and City Council in Q1 2023. AddiƟonally, direct staff to bring back by the end of 2023 an analysis of our noncommercial sign policy and make any recommendaƟons for modificaƟon” (see AƩachments A and B).
ElecƟon season tends to produce the most complaints from our residents about non-commercial signs placed in public rights-of-way. The Ɵming of the above-described items was intended to (1) have a completed legal analysis of our current sign co de in light of the Supreme Court rulings, (2) have staff’s analysis of other ciƟes’ sign codes and how they addressed signage within their public rights-of-way, and (3) bring back all analyses to City Council for discussion, with sufficient Ɵme to implement any Council- approved changes before the Mar ch 2024 primary elecƟon.
Unfortunately, the tasks were not completed. I received an email from the City AƩorney on February 22, 2024, a year aŌer the task was supposed to be completed, staƟng that a legal memo was being prepared. I have yet to receive that leg al memo but have been informed that our sign code is “compliant and consistent.”
AddiƟonally, on February 22, 2024, I received a memo dated January 30, 2024 (see AƩachment C) from the Community Development Department regarding staff’s survey of other ciƟes and how their sign codes addr ess non-commercial signs in the public right-of-way. In the ten ciƟes that were surveyed, HunƟngton Beach is an anomaly with regard to allowing non-commercial signs in the public right of way.
As previously directed by Council, I request that this staff analysis be discussed tonight, along with all aƩachmen ts referenced herein, for Council consideraƟon and public inspecƟon via this Council Member Item.
The Sign Code was originally created to control visual blight in the community. However, in the last two elecƟon cycles, candidates have been puƫng up signs in publicly owned rights-of-way for elecƟons tha t they are not standing in, exacerbaƟng the visual blight that residents complain about. Irvine, however, regulates “to the event,” (e.g., elecƟon) “to which the sign relates”, and is one of only two other ciƟes in 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov staff’s surve
y that allows signs in the public right-of-way (see AƩachment D). We should not sacrifice our public land and public rights-of-way to this visual blight.
Moreover, during elecƟon season, our Code Enforcement staff expends a non-trivial amount of effort, cost, and energy dealing with non-commercial signs in the public right-of-way. These are resources beƩer spent in other areas such as addressing unpermiƩed building, issues related to homelessness, and illegal short term vacaƟon rentals.
As such, I believe that we should prohibit non-commercial signs in our public rights-of-way going forward. This would eliminate the “rush” for wa ll space to post signs, resident complaints, and the waste of code enforcement’s Ɵme chasing down calls about people puƫng their signs out too early. I recommend that we eliminate Row 2 of HBZSO SecƟon 233.08 (O) enƟtled “Non-Commercial signs in the public rights-of-way (see excerpt of Ro w 2 below).”
ProhibiƟng non-commercial signs in the public right-of-way would also conform to our General Plan:
LU‐7 (B) - Use street trees, signage, landscaping, street furniture, public art, and other aestheƟc elements to enhance the appearance and idenƟty of subareas, neighborhoods, corridors, nodes, and public spaces
LU‐7 (C) – Minimiz
e visual cluƩer along commercial corridors.
RECOMMENDED ACTION
a) Direct the City Manager to present a Zoning Text Amendment to strike Row 2 of HunƟngton Beach Zoning and Subdivision Ordinances SecƟon 233.08 (O) – Tempora r y Signs, enƟtled “Non-Commercial signs in the public right -of-way” , by the July 16, 2024 City Council MeeƟng to ensure enough Ɵme to have the amended ordinance go into effect before the November 2024 elecƟon, as originally envisioned two years prior .
b) Direct the City AƩorney’s Office to return to the City Council within 60 day s with a legal memo on the Sign Code as was proffered in February of 2024.
Attachment A - Minutes
Attachment B - H-Item
Attachment C - Memo
Attachment D - Irvine Sign Code