CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
7/11/2023
AGENDA ITEM
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: CARLO TOMAINO
CITY MANAGER
BY: MATTHEW E. RICHARDSON
CITY ATTORNEY
SUBJECT:
POLICY DIRECTION REGARDING PROPOSED AMENDMENTS TO THE SIGNAL
HILL MUNICIPAL CODE (SHMC)
Summary:
City staff and the City Attorney’s office have been working to identify portions of the Signal Hill Municipal Code (SHMC) that could be updated to conform with State law and best practices. While this review has focused on provisions related to code enforcement, additional areas of the SHMC have also been identified for improvement, including housing and building ordinances, use of public facilities, and the City’s sign ordinance. Staff is requesting City Council policy direction regarding areas in which staff should focus its efforts and bring back as code amendments for potential adoption at a future meeting.
Recommendation:
Staff recommends the City Council consider changes to the SHMC in the areas discussed below and provide direction regarding next steps. If the City Council wishes to proceed with changes to the SHMC in any of the areas discussed below, City staff will come back with an ordinance or further staff report, as applicable, for City Council consideration.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Objectives:
Goal No. 2: Ensure public safety is a high priority.
Goal No. 5: Ensure an enhanced quality of life for the residents.
Goal No. 6: Promote a transparent and open government.
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Background and Analysis:
I. Code Enforcement-Related Ordinances
A. Administrative Citations
State law authorizes a city to levy administrative fines for code violations. Pursuant to that authority, the City adopted an administrative citation ordinance that is codified in Chapter 8.13 of the SHMC. Given that the ordinance was enacted in 2001, aspects of the City’s fine process in Chapter 8.13 are dated, deficient, or unclear.
For example, Chapter 8.13 does not provide the amount of the fine that the City may assess on a Code violator. Typically, an administrative citation ordinance would include graduated fines of $100, $200, and $500 or more to be imposed based on the violation and whether the violation persists. Such an enforcement tool can be an efficient, cost-effective way to encourage compliance in less-severe scenarios such as excessive trash and debris and overgrown weeds and vegetation but also for sustained violations of the SHMC related to motels and industrial uses.
The entirety of Chapter 8.13 should be modernized to meet the requirements of State law and updated to be more user-friendly to enhance the City’s code enforcement efforts.
B. Trespassing and Loitering
The City’s ordinance prohibiting trespassing and loitering is codified in Chapter 9.12 of the SHMC. The ordinance is outdated and is overly-restrictive on the conduct that constitutes prohibited trespassing. Moreover, Chapter 9.12 could be updated to enable property owners to authorize Signal Hill Police Department to cite trespassers on private property.
C. Multiple Response
In some instances, property owners or other responsible parties can be administratively fined if police officers must return to a property more than once during a given period of time for the same alleged offense. This may be due to, for example, hosting a loud or unruly event. The SHMC does not include a “multiple response ordinance” and could be updated with one. The advantage of having a multiple response ordinance is that it creates additional accountability for parties that require the repeated use of police resources.
D. Vacant Property Regulations
Some cities have expressed concern about owners of vacant properties, especially vacant commercial properties, failing to adequately maintain their property. In response, some cities have adopted ordinances that require registration of vacant properties and impose special maintenance requirements on vacant properties. If this is an issue, the City could consider adopting a registration program for owners of vacant property, whether residential, commercial, or both.
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E. Sidewalk Vending
In 2018, Senate Bill (SB) 946 authorized sidewalk vending subject to local regulation. Note that sidewalk vending is vending that occurs from a cart on the public right-of-way. Vending from vehicles, such as mobile food trucks, is unrelated to SB 946. The City currently does not have an SB 946-related ordinance. If the City would like to regulate the time, place, and manner of sidewalk vending, then an ordinance could be developed that does so.
II. Housing and Building-Related Ordinances
A. Density Bonus
The City’s density bonus restrictions are set forth in several places of Title 20 - the City’s Zoning Code. The State’s Density Bonus Law (Gov. Code, §§ 65915-65918) requires cities to grant a density bonus to a developer who, among other things, proposes five or more units with and agrees to construct affordable, senior, or otherwise qualifying housing. The City’s ordinance implementing the State’s Density Bonus Law should be updated to conform to State law.
B. Nonconforming Lots, Buildings, and Uses
The City’s ordinance regulating nonconforming lots, buildings, and uses is codified in Chapter
20.82 of the SHMC. The ordinance’s purpose is to allow lots, buildings, and other uses to continue even though these may no longer be lawful or in compliance with current law. It appears that the City’s nonconforming use ordinance has not been updated since 1990. A modernized nonconforming use ordinance enables the City to deal with problematic uses and businesses more promptly and successfully. The City could update this chapter to meet best practices.
C. Stormwater Ordinance and Development Standards
The City has a stormwater ordinance that is codified in Chapter 12.16 of the SHMC. This ordinance should be updated to include a provision addressing turf replacement as it relates to permeability and ventability. The City’s development standards should similarly be updated to address these same issues.
III. Miscellaneous Ordinances
A. Sign Ordinance
The City’s sign regulations are codified in several places of the City’s Zoning Code. Local regulation of signs must be consistent with the First Amendment right to free speech. The City’s sign regulations should be updated to ensure that these remain constitutionally compliant.
Conclusion:
At this time, staff is seeking City Council policy direction regarding the proposed updates discussed above. The report is the first step in a process anticipated to take several months. Subject to City Council direction, the City Attorney’s Office would work with City Departments to draft updated CITY OF SIGNAL HILL Page 3 of 4 Printed on 7/7/2023 powered by Legistar™
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Council direction, the City Attorney’s Office would work with City Departments to draft updated language for each SHMC Chapter or Section as application. In addition, there are also numerous minor code clean up language changes that need to be brought forward. Any Zoning Ordinance changes would first be presented to the Planning Commission, and based on its recommendation, staff will bring back these changes to the City Council for review and approval.
Attachment(s):
None.
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