CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Assistant City Manager
DATE: May 21, 2024
SUBJECT: Second Reading and Adoption of Ordinance No. 2024-229 Adopting Zoning Code Amendment ZCA 24-02 Amending the Laguna Niguel Sign Ordinance of the Laguna Niquel Municipal Code to Adopt Criteria Allowing for the Placement of Seasonal Temporary Non-Commercial Signs in Designated Public Rights-of-Way and Mandating Non-Commercial Content Neutrality
RECOMMENDATION
Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-229:
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
BACKGROUND
Currently, the Laguna Niguel Municipal Code prohibits the placement of all signs within, over, or across a public right-of-way unless otherwise exempted. This complete ban can lead to widespread disregard for these regulations, especially during election periods, specifically forty-five days before, and five days after the corresponding election. This requires routine removal by staff, a process that can often result in unnecessary waste and expenditure. Additionally, during an election period, many major corridors of the City become blighted in appearance due to a mass proliferation of related temporary signage.
At the request of Council Member Gennawey and Council Member Winstead, this item was placed on the agenda to address such issues.
On May 7, 2024, as part of a duly held public hearing, the City Council conducted the first reading, by title only, of Ordinance No. 2024-229 (Attachment A). This ordinance entails the adoption of Zoning Code Amendment ZCA 24-02, amending various sections of the Laguna Niguel Municipal Code to adopt criteria for the placement of seasonal temporary non-commercial signs in the public rights-of-way and non-commercial neutrality clause.
At the meeting, the City Council unanimously approved the proposed ordinance with one minor amendment to Section 3.3, and as otherwise recommended to them by the Planning Commission. The City Council further directed that the amended ordinance be placed on the May 21, 2024, City Council agenda for second reading and adoption.
ANALYSIS
Ordinance No, 2024-229 establishes an exception to the general prohibition against signs over all public rights-of-way by adopting criteria allowing for "seasonal" placement of temporary non-commercial signs over designated public rights-of-way, as depicted in Exhibit "1" of Attachment "A." This is "seasonal" because it is open during a fixed period of time preceding and following elections in which Laguna Niguel voters participate. The signs permitted can relate to elections or any other non-commercial message (see discussion of content neutrality requirement below). The intent of these guidelines is to ensure public safety in designated public rights-of-way while mitigating potential visual clutter throughout the City caused by such signs, particularly during election periods. This date and location targeted exception is also intended to streamline any necessary enforcement process by enabling the City to focus its resources on regulating signs in designated areas rather than enforcing a blanket prohibition throughout the entire City.
Additionally, Ordinance No. 2024-229 introduces a Constitutionally-mandated "substitution clause" that will allow for any non-commercial sign, including seasonal temporary non-commercial signs, to be erected in place of any other sign. This modification is intended to strengthen the City's compliance with the United States Supreme Court's Reed v. Town of Gilbert decision which prohibits the City's discriminating against any particular non-commercial message, for example, by allowing election signs while prohibiting non-commercial signs about another social issue. This means that if a person is entitled to some commercial or non-commercial advertising opportunity (e.g., election signs), that person may also substitute a different non- commercial sign for one the Code authorizes.
ENVIRONMENTAL REVIEW
In accordance with the requirements of CEQA, the adoption of ZCA 24-02 is exempt from CEQA because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, ZCA 24-02 is exempt from CEQA as there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment because ZCA 24-02 merely extends the permissible locations for the placement of certain temporary signs. (14 Cal. Code Regs. § 15061(b)(3).) There is no possibility that ZCA 24- 02 or its implementation would have a significant negative effect on the environment.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Ordinance No. 2024-229 and the existing Laguna Niguel Municipal Code provisions would remain unchanged.
FISCAL REVIEW
There is no fiscal impact as a result of the adoption of Ordinance No. 2024-229.
LEGAL REVIEW
This report and Ordinance No. 2024-229 were drafted in collaboration with the City Attorney's Office.
CONCLUSION
Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-229:
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Samara S Attonseau Lace Knife
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
Cuata a Martin
Assistant City Manager
Attachment:
A. Ordinance No. 2024-229
ATTACHMENT A
Ordinance No. 2024-229
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
duly organized under they ofigion and lal altone sate or Cal municipal corporation WHEREAS, the City's Sign Ordinance, codified in Section 9-1-70 et seq. of the Laguna Niguel Municipal Code, imposes a general restriction on the placement of signs within, over, or across a public right-of-way unless exempted under the Sign Ordinance; WHEREAS, it has been observed that individuals often place temporary signs over public rights-of-way within the City, particularly during election periods, leading to unnecessary expenditure associated with their routine removal by City staff, and blighted appearance due to mass proliferation of related signage; WHEREAS, the purpose of Zoning Code Amendment 24-02 ("Ordinance") is to update the City's Sign Ordinance and adopt criteria regulating the placement, including the height, size, and display duration, of seasonal temporary non-commercial signs specifically in approved public rights-of-way depicted in Attachment "1" forty-five days before any government agency election in which Laguna Niguel voters participate; WHEREAS, the intent of the Ordinance is to mitigate potential visual clutter throughout the City caused by the seasonal placement of temporary non-commercial signs throughout the City's public rights-of-way and streamline any necessary enforcement process by enabling the City to focus its resources on regulating signs in designated areas, rather than enforcing the prohibition throughout the entire City; WHEREAS, the Ordinance further introduces a substitution clause to the Sign Ordinance clarifying that non-commercial signs may be erected in place of any other permitted sign in the Code in accordance with current First Amendment standards; WHEREAS, on March 26, 2024, the Planning Commission held a duly noticed public hearing to consider the Ordinance;
WHEREAS, following the public hearing, the Planning Commission reviewed and recommended approval of Zoning Code Amendment 24-02;
WHEREAS, on May 7, 2024, the City Council held a duly noticed public hearing on the Ordinance, at which time the City Council considered the Planning Commission's recommendation as well as all evidence presented by City staff and other interested parties; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Section 9-1-71.1(g) of the Laguna Niguel Municipal Code (General Procedures) is added to read as follows:
(g) Non-Commercial Signs. Signs shall be permitted in the City in accordance with this subarticle. In each instance and under the same conditions in which this subarticle permits any sign, a non-commercial sign constructed to the same physical dimensions and characteristics shall be permitted in lieu of that sign. (1) The foregoing notwithstanding, signs containing ideological, political or other non-commercial messages shall not be permitted in lieu of a directional, warning, or informational signs required by or authorized by law or by a governmental authority and traffic control signs on private property with messages, such as "Stop" and "Yield," and similar signs, the face of which meet California Department of Transportation standards and bear no commercial message of any sort
(2) For purposes of this subarticle, non-commercial means a sign containing an ideological, political, or other message not relating to a commercial transaction.
SECTION 3. Section 9-1-74(m) of the Laguna Niguel Municipal Code (Permitted Temporary Signs) is amended to read as follows (additions in underline and removals in strikethrough):
(m) Seasonal Temporary Non-Commercial Election Signs. Seasonal temporary non-commercial election signs shall be permitted, subject to the following:
(1) Each sign shall not exceed four square feet in area and a maximum height of three feet.
(2) Signs shall be placed no earlier than 45 days before a the forthcoming federal, state, or local election in which Laguna Niguel voters participate.
(3) Signs must be removed no later than five days after said the election. If an election sign is not removed within five days after said the election, the City city may recover costs for removal. from the candidate advocated on the election sign attached to the stake.
SECTION 4. Section 9-1-77(15) of the Laguna Niguel Municipal Code (Prohibited Signs) is amended to read as follows (additions in underline and removals in strikethrough):
The signs and displays listed in this section are prohibited in the City. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following:
(15) Signs located upon or projecting over public streets, sidewalks, or rights-of- way unless the sign meets the criteria of this subsection 15(a) specific approval has been granted);
a. Seasonal Temporary Non-Commercial Signs in Designated Public Rights- of-Way. Seasonal temporary non-commercial signs shall only be permitted in the public rights-of-way depicted in Figure 7.1 subject to the following requirements:
(1) Signs shall be securely affixed and positioned in a manner that ensures public safety and prevents any risk of accidents or hazards. (2) Notwithstanding Section 9-1-74(m)(1), total aggregate sign area shall not exceed four square feet in area and a maximum height of three feet. (3) Signs must comply with the requirements of Section 9-1-74(m)(2)-(3). (4) No more than three signs with the same message may be permitted for each designated area.
(5) No part of any sign shall be placed between the back of the curb and the sidewalk when the sidewalk abuts the curb.
(6) Signs and sign placement shall not cause damage to the site, including landscaping, irrigation, or City property.
(7) Signs shall not be affixed to any utility at the site, including hydrant, street, traffic signs, utility poles, wires, boxes, or any landscaping, including trees, shrubs, tree stakes, or protective guards. (8) Signs shall not obscure visibility or access to fire hydrants, traffic signs, or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.
(9) Signs shall not block any safety sign or notice or official or legal notices issued by any court or public body or officer in the performance of a public duty.
(10) No flags, pennants, balloons, or other attention-attracting devices shall be affixed to or otherwise displayed in conjunction with the sign. (11) The foregoing notwithstanding, Section 9-1-77(15) shall not apply to directional, warning, or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses.
(12) The City makes no representations about the conditions, from time to time, of the identified signage locations and hereby puts all persons on notice that the conditions of the property is uncertain and all persons' use of the property is at their sole risk. The City notes that soil conditions, traffic conditions, weather conditions, and the acts of third parties may put person(s) and property placed pursuant to this section at risk and further, that the person(s), groups, and supporters of any person, group, or entity does so at their own risk and, for themselves, their heirs and assigns, releases, waives, and indemnifies, and hold harmless the City, including its elected officials, officers, staff, employees, and contractors from all damages, awards, payments, claim, or reimbursement, of all types and nature, that may, from time to time, arise while utilizing this section and the rights accorded herein and pursuant to this section.
SECTION 5. The City Council finds that the Ordinance is consistent with the goals, objectives, and policies of the General Plan. The Ordinance is consistent with General Plan Policy 4.2 (Land Use), which states that the City should "Enhance the landscape theme throughout public right-of-way and at major City entrance points." The Ordinance aims to ensure that the visual landscape is not cluttered or disrupted near public rights- of-way throughout the City by regulating temporary signage, thus enhancing the overall landscape theme as envisioned under Policy 4.2. Furthermore, the Ordinance is consistent with General Plan Policy Goal 4 (Open Space/Parks/Conservation, encourages "Conservation and enhancement of visual resources along scenic corridors." By setting clear limits on when and where seasonal temporary non-commercial signs can be displayed, especially during elections periods, the Ordinance helps in conserving and enhancing visual resources along these areas.
SECTION 6. This proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal.
Code Regs. § 15061(b)(3).) This Ordinance merely extends the permissible locations for the placement of certain temporary signs and there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment.
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 9. The City Clerk of the City of Laguna Niguel shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law in the City of Laguna Niguel.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Laguna Niguel, California, at a regular meeting of the City Council held on the 21st day of May, Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
EXHIBIT «q"
Figure 7.1: Approved Public Right-of-Way for Seasonal
Placement of Temporary Non-Commercial Signs
Pacific Park Dr
0-00- La Paz Rd
Cabor-Rd
Pkwy
Aliso
0 20 Camino Capistrano-
Creek Rd
Paz Rd ®
1 Paseo roe Calinag
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4 ros or 1 1 0-00-
4 Aobne
Le Por
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shy cbudt Crown Valley Pkwy
Hingo
Street Type
Pacific Island Dr • Major
Niguel Rd Primary
Secondary
Res / Collector
Major Intersection
District
Camino Del Avion
Aliso Creek and
La Paz Road
Golden Lantern
Moulton and Aliso Niguel Moulton and Crown Valley Crown Valley and La Plata Beacon Hill and Golden Lantern and Paseo De Colinas
Avila and La Paz Road Crown Valley and Greenfield 2 Niguel Road and Marina Hills Drive Club House Drive and Niguel Road Highland and Alicia Pkwy Crown Valley and Cabot 13 Marina Hills Drive and Valle Vista 18 Crown Valley Pkwy and Camino Del Avion Rancho Niguel and Moulton Pkwy Cabot and Paseo De Colinas 4 Golden Lantern and Marina Hills Dr.( 19 Niguel Road and Camino Del Avion Niguel Road and Alicia Pkwy Crown Valley and Niguel Road 15 Golden Lantern and Chapparosa La Paz Road and Aliso Creek Road