ORDINANCE NO. ________ (N.C.S)
AN ORDINANCE AMENDING SECTION 37-50.620 (ON-SITE SIGN REGULATIONS) OF CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING CODE) TO ALLOW FOR PUBLIC SERVICE INFORMATION, MARQUEE, CHANGEABLE COPY, AND OTHER SIGNS FOR PUBLIC/PRIVATE SCHOOL USES (ZCA 2022-004)
WHEREAS, on November 7, 2006, the Salinas City Council, adopted Ordinance Number 2463 replacing the existing Zoning Code; and WHEREAS, the Salinas City Council has amended various provisions of Chapter 37 of the Salinas Municipal Code (“Zoning Code”) to allow for general changes, language clarification, and minor corrections; and WHEREAS, on October 4, 2023, the Salinas Planning Commission, held a duly noticed public hearing to consider Zoning Code Amendment 2022-004; and WHEREAS, on October 4, 2023, at a duly noticed public hearing, the Salinas Planning Commission recommended that the City Council introduce and adopt Zoning Code Amendment 2022-004, which amends Section 37-50.620 (On-site Sign Regulations) of Chapter 37 to allow for public service information, marquee, changeable copy, and other signs for public/private school uses; and WHEREAS, the Planning Commission weighed the evidence presented at said public hearing, considered the staff report, determined that positive findings could be made for approval of the project and adopted Resolution No. 2023-10 recommending that the City Council finds Zoning Code Amendment 2022-004 exempt from the California Environmental Quality Act (CEQA) and approve Zoning Code Amendment 2022-004; and WHEREAS, on October 17, 2023, the Housing and Land Use Committee recommended that the City Council approve the Amendment; and WHEREAS, on October 24, 2023, at a duly noticed public hearing, the City Council weighed the evidence, including the Staff Report which is on file at the Community Development Department together with the record of environmental review and hereby finds that the following amendment will not have the effect of reversing policies of the Salinas General Plan or other plans and policies previously adopted by the City Council and the City Council finds the project to be categorically exempt from the California Environmental Quality Act (CEQA), as follows:
Categorical Exemption:
The project has been found to be a Class 5 Categorical Exemption pursuant to Guidelines Section 15305 of the Guidelines to the California Environmental Quality Act (CEQA); The proposed Zoning Code Amendment to modify Zoning Code Section 37-50.620 (On-site Sign Regulations) to allow for public service information, marquee, changeable copy, and other signs for public/private school uses is categorically exempt from further environmental analysis per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). The proposed Amendment would not result in a significant environmental impact since it involves a minor alteration to the above referenced Zoning Code Section.
WHEREAS, the Salinas City Council adopts the following findings, as set forth in Zoning Code Section 37-60.1120, as the basis for its introduction and adoption of the proposed Zoning Code Amendment:
Zoning Code Amendment 2022-004:
The Amendment is consistent with the Salinas General Plan and other plans and policies adopted by the Salinas City Council.
The Amendment would not result in uses inconsistent with any land use designation. It would allow for consideration of public service information, marquee, changeable copy, and other signs at public/private school uses. Currently, these types of signs have been constructed at several public schools throughout the City of Salinas pursuant to State of California regulations per Government Code Section 53094. The Amendment would allow for private schools to install and/or construct the same types of signs that are permitted by the state for public schools. The Amendment is consistent with General Plan Goal LU-9 by allowing local School Districts and other education organizations the ability to ensure that a level of public education is provided that meets community educational needs by providing timely school-related information to the community. As a result, the Amendment is consistent with the General Plan.
The Amendment will not have the effect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
The Amendment would allow for private schools to install and/or construct the same types of signs that are permitted by the state for public schools and is consistent with General Plan Goal LU-9 by allowing local School Districts and other education organizations the ability to ensure that a level of public education is provided that meets community educational needs by providing timely school-related information to the community. As a result, the Amendment would not have the effect of reversing the policies of the General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
The Amendment would not create an isolated district unrelated to adjacent zoning districts.
The Amendment will not create any additional zoning districts.
The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.
Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The Amendment would not create the need for additional infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS AS FOLLOWS: (Revisions are shown in underline/strikethrough text) SECTION 1. Amend Zoning Code Section 37-50.620 (d) and (e) to read as follows:
“(d) Illuminated and Moving Signs.
(1) Signs in an A, R, NU (NE, NG-1, and NG-2), CO, CO/R, P, OS, or PS district shall, if lighted, be indirectly and continuously illuminated. (2) Signs shall not have exposed fluorescent tubes or incandescent bulbs, unless such signs are approved as part of a master sign plan or a site plan review for a cinema or theater. (3) Signs visible from and within one hundred feet of an R or NU (NE, NG-1, and NG-2) district shall not be illuminated between 10:00 p.m. and 7:00 a.m. unless approved as part of a master sign plan. In order to approve the master sign plan, the city planner shall determine that the proposed sign:
(A) Identifies a business or use that is open for business during those hours; and (B) Has been oriented, sited, or otherwise designed to minimize glare or lighting impacts on the adjacent R or NU zoning district. (4) No movement or apparent movement of or in a sign or change in intensity of illumination of a sign shall be permitted (including no changeable copy) except for public service information signs, marquee signs, and changeable copy signs for theaters, cinemas, religious assembly uses, public/private school uses, and service station price signs as provided for in this division. (e) Theater, Cinema, Public/Private Schools, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, public/private school uses, or religious assembly uses subject to the approval of a master sign plan. The master sign plan may allow marquee signs (for theaters, and cinemas, and public/private schools only), changeable copy signs, and other signs for cinema, theater, public/private schools, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:
(1) Would be consistent with the style and character of existing signs on the site; (2) Would be compatible with the character of signs on adjacent properties; (3) Would not detract from the use and enjoyment of adjacent properties; and (4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.” SECTION 2. This Ordinance shall take effect and be in force thirty days from and after its adoption.
SECTION 3. The Salinas City Clerk is hereby directed to cause the following summary of this ordinance to be published by one (1) insertion in The Monterey Herald, a newspaper of general circulation published and circulated in the City of Salinas and hereby designated for that purpose by the Salinas City Council:
“An Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow for public service information, marquee, changeable copy, and other signs for public/private school uses (ZCA 2022-004)” SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
This Ordinance was introduced and read on October 24, 2023 and passed and adopted on October 24, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
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Kimbley Craig, Mayor
ATTEST
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Patricia M. Barajas, City Clerk
APPROVED AS TO FORM
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Christopher A. Callihan, City Attorney