01/22/2024 City Council Agenda 150
ATTACHMENT 2
01/22/2024 City Council Agenda 151
Fair Political Practices Commission
Contribution Limits: City and County Candidates,
Introduction
Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.
Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website's FPPC Regulations page. The default limit for contributions to city and county candidates subject to AB 571 for 2023-2024 is set at $5,500 per election.
Other Provisions Affecting City and County Candidates
Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:
A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidate - controlled ballot measure committees. (See Regulation 18535 for more information.)
A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election.
Candidates may transfer non -surplus campaign funds from one candidate - controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the "last in, first out" or "first in, first out" accounting method and www.fppc.ca.gov
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shall not exceed the applicable contribution limit per contributor. If a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non -surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the "last in, first out" or "first in, first out" accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)'
• Candidates may not personally loan to a candidate's campaign an amount for which the outstanding balance exceeds $100,000. "Campaign" includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate's campaign. (See Regulation 18530.8 for more information.)
• Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) • A candidate for local office may open a candidate -controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.)
• Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) ' This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.'
www.fppc.ca.gov
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Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions. (See Regulation 18531.2 for more information.) Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised. • Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.)
FAQs
A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place.
B. Is there a way for a city or county to adopt "no" contribution limits for city or county elective city and county offices?
Yes. A city or county may elect to have "no" contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented "no" contribution limits, the state contribution limit will not apply as a default for that jurisdiction.
C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. www.fppc.ca.gov
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D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations.
E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices.
F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.
G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying.
H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.
I. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education?
AB 571 does apply to the office of County Superintendent of Schools because it is considered a "county" office. However, the office of County Board of Education is not subject to AB 571 because it's not considered a "county" position.
J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee?
No. Officeholder committees are not permitted for candidates subject to the AB www.fppc.ca.gov
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571 contribution limit. However, a candidate may use a committee for the officeholder's future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses.
K. Does the AB 571 contribution limit apply to debt retirement for the 2020 election?
No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020.
L. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021?
No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021.
M. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible.
N. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit?
Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate.
O. Does the AB 571 limit apply to county central committee candidates? No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices.
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P. If an election was held in November 2023, but resulted in the need for a run-off election to be held in February 2024, how would the contributions be treated under AB 571?
The run-off election is considered a new election. If a contributor gave any amount to an AB 571 candidate for the November 2023 election, the same contributor would still be permitted to contribute up to $5,500 (the AB 571 limit) to the same candidate for the February 2024 run-off election.
Q. An AB 571 candidate for city council would like to send out a request for contributions to their constituents. Do they need to include anything specific in the request?
Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used.
R. If an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits?
No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall.
S. An AB 571 candidate has debts for an election held after January 1, 2021, may the candidate terminate their committee?
No. If a candidate -controlled committee has outstanding debts for an election held after January 1, 2021, they may not terminate without resolving or paying off the debt. When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later than 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571.
T. If a local jurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571.
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Index of Regulations and Government Codes:
FPPC Regulations:
18404.1
18421.4
18421.8
18521
18521.5
18523.1
18530.2
18530.8
1 R 9;'1 1 9
IRMAXIM
1RUIUMUS
18531.63
18531.64
18535
18536
18537.1
18545
18951
Government Code(s):
85301
85303
85304.5
85305
85306
85307
85315
85316
85317
85318
85702.5
www.fppc.ca.gov
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158
Agenda Item No. 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager C 14/1
FOR: City Council Meeting of January 22, 2024
SUBJECT: Discussion and Possible Adoption of 2024 City Council Goals RECOMMENDATION:
That the City Council adopt goals for the 2024 calendar year as presented.
DISCUSSION:
The purpose of the City Council's annual goal setting is to clearly identify and adopt a list of agreed upon priorities for the year. Once adopted, these goals will help guide the Council and staff to ensure that time and other resources are allocated in a manner consistent with the Council's shared objectives for the City. A matrix of the City Council's prior year goals will be presented to review and track progress.
This process does not result in a comprehensive list of specific projects (that level of detail will be contained in the draft budget for Fiscal Year 2024-2025), but rather a set of broad goals. Setting goals for the organization is a responsibility of the City Council, while achieving those goals through the establishment and execution of specific objectives is more appropriately the role of the City Manager and staff.
Based on input from council members and staff, the presentation will identify several proposed goals for consideration. Staff recommends that the City Council discuss these proposed goals, along with any others that are of importance to members of the Council, and adopt a list of goals for the 2024 calendar year.
FISCAL IMPACT:
No fiscal impact at this time. However, adopted goals will help to inform the development of the budget for Fiscal Year 2024/2025.
Attachments:
1. 2023 Adopted Goals
2. Goals Matrix
3. Goals Presentation
01/22/2024 City Council Agenda 159
ATTACHMENT 1
01/22/2024 City Council Agenda 160
1) Bolster Public Safety
2) Create and Implement a Plan to More
Proactively Address Homelessness
3) Take a More Inclusive and Aggressive
Approach to Road Maintenance
4) Focus on the Completion and Maintenance
of Current Projects and Facilities
5) Establish a Vehicle and Equipment Fleet
Maintenance Program
6) Seek Economic Development while
PreservingYucaipa's Unique, Rural Feel
7) Pursue Revenue Generation to Offset Costs of
Community Services and Development Services
8) Establish and Execute a Comprehensive
Communications Plan
9) Update City Staffing Levels to Reflect Current
Workload
Zo) Review and Update Personnel Rules and Conduct
Classification and Compensation Study
11) Update the Municipal Code
O1/22/2024 City Council Agenda 161
ATTACHMENT 2
01/22/2024 City Council Agenda 162
This item will be provided at the meeting.
01/22/2024 City Council Agenda 163
ATTACHMENT 3
01/22/2024 City Council Agenda 164
This item will be provided at the meeting.
01/22/2024 City Council Agenda 165
Agenda Item No. 10
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer/14�h r Benjamin J. Matlock, Deputy Director of Community Development/Ci Planner&✓ FOR: City Council Meeting of January 22, 2024
SUBJECT: City of Yucaipa (Case No. 23-149/DCA): Consideration of a Development Code Amendment (Ordinance No. 439), amending Chapter 7 of Division 7 of the Yucaipa Development Code to amend the temporary sign regulations to ensure that they are content neutral.
RECOMMENDATION:
That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Approve the introduction and first reading of Ordinance No. 439, an Ordinance of the City of Yucaipa, amending Chapter 7 (General Design Standards) of Division 7 (Sign Code) of the Yucaipa Development Code regarding temporary signs; and
2. Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 15061(b)(3).
BACKGROUND:
On July 28th, 1997, the City Council adopted Ordinance No. 168 that established Chapter 7 of Division 7 of the Development Code, referred to as the Sign Code, to regulate the locational and development standards for primary and accessory advertising structures. As part of the Sign Code, references to temporary signage, such as banners, board signs, realty signs and political signs were intermingled within the various code sections and featured different requirements that would apply to each respective type of activity. However, the Supreme Court ruling of Reed v. Gilbert (2015) found that the differentiation of content when regulating signs was unconstitutional, as the enforcement of those types of regulations could potentially discriminate the activity that is being advertised and ultimately be a violation of the First Amendment. As a result, the ruling provided an emphasis on "content neutral" signage requirements, reinforcing the concept that sign codes should regulate the time, manner, and placement of the signs. These updated requirements have effectively invalidated elements of the City's sign code and, like many jurisdictions throughout the country, updates have been needed to ensure that any enforcement of the sign code is legally defensible.
01/22/2024 City Council Agenda 166
DISCUSSION:
Proposed Ordinance No. 439 has been drafted to add clarity to the sign regulations and ensure that the provisions are content neutral in their application. At the regular meeting of January 3, 2024, the Planning Commission reviewed the ordinance and unanimously recommended approval.
As noted in the background section, the existing Sign Code is structured where provisions for different types of temporary signs are spread throughout various sections. For example, the provisions to permit banners and flags are listed in the "Prohibited Signs" section, and political signs are listed under "Primary Signs" section. The proposed ordinance removes these temporary sign requirements from their various sections to consolidate the regulations to a single section.
Images of different types of temporary signs are also provided to add additional clarity on the types of sign structures and to help begin the implementation of an overall more user-friendly Development Code.
To provide a content neutral approach, the different types of temporary signs are separated between those permitted within non-residential land use districts and those in residential districts. As part of these provisions, the type and size of each sign and the duration of its display are identified, while the specific content references have been removed. Separate provisions are also included for wayfinding signs, such as those commonly used for open houses/yard sales, that provide greater flexibility and clarity than those found in the existing code, while maintaining the content neutral limitations.
Additionally, the City Council recently awarded a professional services contract for a comprehensive Development Code update, which will further emphasize elements to make key concepts easier for applicants. Staff will continue to make other updates to the Sign Code to ensure compliance with current law and to improve the usability of the Sign Code consistent with the larger effort for the overall Development Code update.
Environmental Review:
The proposed Development Code Amendment does not directly result in the development of any parcel of land and instead modifies the City's Sign Code to ensure that regulations for temporary signs are content neutral. Therefore, Staff is recommending that the proposed amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines.
FISCAL IMPACT:
There is no direct fiscal impact as a result of the proposed Development Code Amendment.
Attachments:
1. Findings for Development Code Amendment
2. Draft January 3, 2024, Planning Commission minutes
3. Draft Ordinance No. 439
Approved by:
01/22/2024 City Council Agenda
167
ATTACHMENT 1
01/22/2024 City Council Agenda 168
FINDINGS: DEVELOPMENT CODE AMENDMENT NO.439
1. The proposed Development Code Amendment is consistent with the General Plan and its policies and objectives because its implementation will enhance the public's health, safety, and general welfare, and has been developed to meet the requirements of current law.
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ATTACHMENT 2
01/22/2024 City Council Agenda 170
PLANNING COMMISSION MINUTE EXCERPT
A Regular meeting of the Planning Commission of the City of Yucaipa was called to order in the City Hall Council Chambers, located at 34272 Yucaipa Boulevard, Yucaipa, California, at the hour of 6:30 PM., on the 3rd day of January 2024 with Chair J.R. Allgower presiding.
ROLL CALL PRESENT: J.R. Allgower, Chair
Tony Hicks, Vice Chair
Richard Beck, Commissioner
Stacey Chester, Commissioner
David Higginson, Commissioner
Donna Snodgrass, Commissioner
Lyle Vick, Commissioner
ABSENT: None
A quorum of the Planning Commission was present.
AGENDA ITEM NO.3
SUBJECT: City of Yucaipa (Case No. 23-149/DCA): Consideration of a Development Code Amendment (Ordinance No. 439), amending Chapter 7 of Division 7 of the Yucaipa Development Code to amend the temporary sign regulations to ensure that they are content neutral.
RECOMMENDATION: That the Planning Commission continue the public hearing and recommend that the City Council:
A) Approve first reading, by title only, as read by staff, of Ordinance No. 439, amending Chapter 7 of Division 7 of the Yucaipa Development Code to amend the temporary sign regulations; and
B) Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 15061(b)(3).
ACTION: MOTION BY COMMISSIONER HIGGINSON, SECOND BY
COMMISSIONER CHESTER, CARRIED, 7-0-0-0, TO APPROVE STAFF RECOMMENTATION.
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
CITY OF YUCAIPA } ss
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I, Maria Koolhoven, Administrative Assistant of the City of Yucaipa, California, do hereby certify that the foregoing is a full and correct excerpt of the Minutes of a Regular meeting of the Yucaipa Planning Commission held on the 3rd day of January 2024.
Maria Koolhoven
Administrative Assistant
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ATTACHMENT 3
01/22/2024 City Council Agenda 173
ORDINANCE NO.439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING CHAPTER 7 (GENERAL DESIGN STANDARDS) OF DIVISION 7 (SIGN CODE) OF THE CITY OF YUCAIPA DEVELOPMENT CODE
REGARDING TEMPORARY SIGNS
WHEREAS, on March 14, 1994, the City Council of the City of Yucaipa (the "City Council") adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa (the "City") to use to evaluate a variety of development and land use proposals; and
WHEREAS, the City's Development Code includes provisions regarding permanent and temporary signage; and
WHEREAS, recent United States Supreme Court cases, including Reed v. Town of Gilbert (2015), prohibit cities from providing content -based restrictions related to signage, with that case specifically based on an issue related to a temporary sign; and WHEREAS, the result of these cases has invalidated components of the City's sign code, which has not yet been corrected, and updates are necessary to create a legally enforceable requirement; and
WHEREAS, signs serve a useful purpose in communicating messages, and the location, number, size, and design of a sign and its relationship to nearby signs and structures has a significant impact upon the appearance of a community and the viewer's perception of that community; and
WHEREAS, unregulated and unmaintained signs contribute to visual clutter, confusion, and aesthetic blight, and may cause traffic hazards and impede rather than enhance commerce and communication; and
WHEREAS, the City has a substantial and compelling interest in the preservation of the aesthetic qualities of the City and the protection of the health, safety, and welfare of its citizens, residents, visitors, and businesses from the traffic hazards created by distracting signs; and WHEREAS, to advance this interest, the City proposes to amend its regulations regarding temporary signs to remove content -based elements in its permits for temporary signs; and WHEREAS, on January 3, 2024, the Planning Commission conducted a duly noticed public hearing to consider its recommendation on the Ordinance and after receiving public comments, closed the public hearing, and recommended that the City Council adopt this Ordinance; and
WHEREAS, on January 22, 2024, the City Council held a duly noticed public hearing on the proposed Ordinance, at which time a staff report was presented and evidence in the record was 01/22/2024 City Council Agenda 174
provided to support the findings required by the Yucaipa Development Code Section 83.020210 as reflected in Attachment A to the City Council Agenda Report, dated January 22, 2024; and WHEREAS, the City Council's approval of the proposed amendments to the Development Code will result in consistency between the Development Code and the policies and objectives of the General Plan by ensuring the business needs of the community support the City's economic objectives; and
WHEREAS, the City Council has made the necessary findings to adopt amendments to the Development Code as required by California law and has taken all other actions as required by California law to amend the Development Code; and
WHEREAS, the proposed Ordinance, pursuant to CEQA Guidelines Section 15061(b)(3), is exempt from CEQA because it modifies the provisions of sign regulations to ensure that they remain content neutral, and does not otherwise authorize any direct or indirect changes to the physical environment and there is no possibility of a significant effect on the environment; and WHEREAS, the City Council has considered the facts presented in the case, including the written and oral staff reports on the Proposed Amendment (23-149/DCA), public testimony, written and oral evidence presented to the Planning Commission and the Planning Commission recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:
Section 1. Findings, Purpose and Intent.
A. This Ordinance is adopted by the City Council pursuant to the City's police powers to protect the health, safety, and general welfare of the public.
B. The City Council finds that the overall use and development of land should be designed for the protection of the public health, safety and welfare; that it is important to ensure that the establishment of all land uses conform to a plan of logical and orderly development of the land, and that present and future land uses be compatible with surrounding land uses; and that incompatible land uses would be aesthetically displeasing, economically detrimental, and harmful to the public health, safety and welfare.
Section 2. Section 87.0710 (Prohibited Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0710 Prohibited Signs.
The following signs are prohibited.
(a) Signs having any animated, moving, or rotating parts. 2 01/22/2024 City Council Agenda 175
(b) Signs attached to or painted on trailers or vehicles parked on private property for the purpose of gaining unauthorized sign area.
(c) Signs which make sounds.
(d) Signs which obscure, imitate, or otherwise limit the effectiveness of official traffic control signs or devices.
(e) Signs which display any statement or symbol of an obscene or immoral nature as to offend the public morals or decency.
a �
a
e
-
-
-
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a
(f) Tethered balloon(s) or other inflatables used to draw attention to a use or event, except as otherwise provided in this Chapter.
(g) Signs and/or support structures with flashing neon elements or signs which ha,,e neon lighting on their support stmetufes.
(h) Signs which are not effectively shielded so as to prevent beams or rays of light being directed at any portion of the traveled way or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver of a motor vehicle. (i) Permanent primary signs and outdoor advertising structures (billboards) that advertise or identify a business, function, establishment, or product at a location other than the property on which such business or establishment is located or such product is manufactured or sold, except as permitted in Section 87.0725. Such signs m.,. advertise Section 3. Section 87.0720 (Exempt Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0720 Exempt Signs.
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The following signs are exempt from the requirements of this Code and any applicable plan. (a) Signs, flags, banners, emblems, notices, or other noncommercial messages issued or endorsed by a constituted governmental body, public agency, court, person, or officer in performance of a public duty, including traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices, and any other public business or program
(b) Signs located inside a building, courtyard, mall, or other similar structure, provided such signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership
(c) Utility company signs identifying conduits, cables, any dangerous condition, or providing other such similar notice
(d) Memorial tablets or signs and historic markers
(e) A flag of any nation, state or Cit if f displayed in a manner conforming to the Flag Code (36 USCA, Section 173 et seq.)."
Section 4. Section 87.0715 (Additional Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
1187.0715 Additional Signs.
The following signs shall comply with the requirements of this Code or any applicable plan. (a) Service station product price signs, provided such signs do not exceed 24 square feet in area per sign; one such sign shall be allowed per street frontage; any additional sign area shall be calculated as part of the total sign area allowed by the land use district (b) Drive-in restaurant menu boards, including those with speakers, provided each sign does not exceed 30 square feet; no more than two such signs shall be permitted per site (c) Any freeway oriented primary sign(s) identifying a City or unincorporated community, provided that such signs only display the name, surname, or slogan of such City or community and conform to the size -setback schedule for freeway oriented accessory signs specified by Subsection 87.0730
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Section 5. Section 87.0725 (Primary Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0725 Primary Signs.
(a) Primary Signs
The following primary signs are permitted in any land use district. (1) Primary Civic Signs
(A) Primary civic signs which serve to identify a community are permitted in any land use district subject to a Land Use Compliance Review by the Building Official and the following.
(B) Primary civic signs shall have a maximum area of 100 square feet and a maximum height of 15 feet, except that in those districts where accessory business signs are not permitted, primary civic signs shall have a maximum area of 32 square feet and a maximum height of 12 feet. In those districts where accessory business signs are permitted, the maximum height and area for a primary civic sign shall be the same as the permitted accessory business sign, unless otherwise specified by this chapter. (b) Temporary Primary Signs
The following signs shall be permitted in any land use district on a temporary basis, subject to the issuance of a Temporary Sign Permit, as follows.
O1/22/2024 City Council Agenda 178
SEE
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(1) Temporary Primary Directional Signs
(...)II
Section 6. Section 87.0730 (Accessory Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0730 Accessory Signs.
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01/22/2024 City Council Agenda 180
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(e) Freeway Oriented Accessory Signs
(... )II
Section 7. Section 87.0735 (Temporary Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is added to read as follows:
"87.0735 Temporary Signs.
(a) Temporary Sign Types
For purposes of this chapter, the following types of temporary signs and the general design requirements are as follows:
Banner Sign
Banner
25 ft to 15 ft 45 sf
top
- Must be
displayed on
roof, wall, or
fence areas
only and
securely
fastened
- Must be
professionally
made, screen
printed and on
vinvl
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Design
Temporary Sign Type
Standards
Requirements
Height Width
Area
Large Board Sign
7 ft to 8 ft
32 sf - Must be
top
securely
mounted to the
ground
Sign
- Must be
made from
wood or a
—` �_
durable plastic
material
- Cannot be
nailed or
affixed to any
I
tree, fence
post, or public
utility pole
Small Board Sign
3 ft to
3 ft
6 sf
- Must be
top
securely
mounted to the
ground
- May include
Sign
stake and A -
frame signs
within these
standards
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Temporary
Sign Type Standards
Design
Requirements
Height Width Area
Hanging Board Sign 5 ft to 2 ft 6 sf - Must be
top securely
mounted to the
�i�-- - ground
Sign
s
s
s
Flag Sign 10 ft to 2 ft 15 sf - Must be
top securely
�'�• fastened to the
ground
- For
commercial
6A displays, sign
$. is only
permitted
l� during
1 ✓�,�' business hours
i
I
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Design
WidthTemporary Sign Type Standards Requirements
Height
Inflatable Sign & Display 25 ft loft - - Must be
securely
mounted to the
ground
1 t
U
Additional Notes:
1. No temporary sign shall extend into or be located within the public right of way, except as otherwise specified by this chapter, nor shall any sign obstruct visibility for ingress and egress from roadways or endanger and/or obstruct pedestrians, motorists, or the public.
2. "ft" = Feet; "sf' = square feet
(b) Non -Residential Land Use Districts
The following signs shall be permitted as accessory signs in any Non -Residential Land Use District subject to the following:
(1) Banner Signs
(A) Duration. One banner per street frontage for no more than 60 consecutive days and no more than a total of 180 days in a calendar year, with a period between displays of at least 30 days. Signs related to an event shall not be displayed more than 30 days prior to the scheduled event.
(B) Permit Requirement. A temporary flag/banner permit shall be issued prior to the display of the sign. The application for a permit shall include the following information: the number of banners or flags proposed, the size of the proposed banners or flags, the proposed location of the banners or flags on the property, and the time period for which the banners or flags will remain on display. (2) Large Board Signs
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(A) Duration.
(I) Construction. One sign per frontage is permitted while there is an active Building Permit for the construction or rehabilitation of a structure. (II) Other. No more than 30 days prior to a scheduled event. (B) Permit Requirement. An approved Temporary Use Permit for a sign is required for a Large Board Sign associated with a construction project. Other signs shall be subject to a Temporary Event Sign Permit and shall include property owner approval if applicable.
(3) Small Board Signs
(A) Duration. The maximum time period for display shall be 30 days no more than three times a year. Small Board Signs shall be removed outside of business hours. (B) Permit Requirement. No permit is required.
(C) Other requirements. A maximum of one portable sign shall be permitted per business, directly related to the business frontage and oriented to the main entrance to the business. Buildings/businesses with freestanding signs shall not be permitted to have Small Board Signs.
(4) Flag Signs
(A) Duration. Two flags for no more than 60 consecutive days and no more than a total of 180 days in a calendar year, with a period between displays of at least 30 days. Flag Signs shall be removed outside of business hours. (B) Permit Requirement. A temporary flag/banner permit shall be issued prior to the display of the sign. The application for a permit shall include the following information: the number of banners or flags proposed, the size of the proposed banners or flags, the proposed location of the banners or flags on the property, and the time period for which the banners or flags will remain on display. (c) Residential Land Use Districts
The following signs shall be permitted as accessory signs in any Residential Land Use District subject to the following:
(1) Large Board Signs
(A) Duration. One sign per frontage is permitted while there is an active Building Permit for the construction of more than two (2) dwelling units. 13 O1/22/2024 City Council Agenda 186
(B) Permit Requirement. A Temporary Use Permit shall be issued for a Large Board Sign associated with a construction project.
(2) Small Board Signs
(A) Duration.
(I) General signs. No limitation.
(II) Signs specific to an event. No more than 30 days prior to a scheduled event.
(B) Permit Requirement. No permit is required.
(3) Small Board Signs — Offsite Directional
(A) Duration. Permitted during the scheduled commercial event (such as a yard sale or open house)
(B) Permit Requirement. No permit is required.
(C) Other requirements.
(I) Signs may be placed in the designated public right-of-way, but shall not be located within the street, street median, or sidewalk (II) Signs must relate to an activity permitted within a residential zoning district
(III) Signs are only allowed on Thursdays, Fridays, Saturdays and Sundays (IV) Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity
(V) Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner (VI) The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if no other location is possible. (3) Hanging Board Signs
(A) Duration. One sign is permitted while a residence or lot is listed for sale or for lease.
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(B) Permit Requirement. No permit is required.
(4) Inflatable Sign & Display
(A) Duration. Two Inflatable Sign & Display for no more than 60 consecutive days.
Signs related to an event shall not be displayed more than 30 days prior to the scheduled event.
(B) Permit Requirement. No permit is required."
SECTION 8. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 9. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the commonsense exemption (Section 15061) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
SECTION 10. Effective Date. This Ordinance shall be effective the 31 st day following its adoption by the City Council
SECTION 11. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this day of , 2024.
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Justin Beaver, Mayor
APPROVED AS TO FORM
Steven Graham, City Attorney
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