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.
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:
ATTACHMENT 1
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.
ATTACHMENT 2
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
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
ATTACHMENT 3
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
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 (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.
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(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 whieh ha ,e neon lighting on their support stmettffes.
(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.
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
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.
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(1) Temporary Primary Directional Signs
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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(e) Freeway Oriented Accessory Signs
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
0 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
S1gn
stake and A -
frame signs
within these
standards
1101
Temporary /n Type Standards Design
Requirements
Height Width Area
Hanging Board Sign 5 ft to 2 ft 6 sf - Must be
top securely
_ mounted to the
ground
1 Sign
s
's
s
Flag Sign 10 ft to 2 ft 15 sf - Must be
top securely
�._ fastened to the
ground
5h - For
commercial
displays, sign
is only
permitted
during
✓�,�' business hours
Design
Temporary Sign Type Standards Requirements
Height Width Area
Inflatable Sign & Display 25 ft loft - - Must be
securely
mounted to the
%} ground
4 t
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
12 (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 (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.
14 (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:
Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, CMC Steven Graham, City Attorney
Director of General Services/City Clerk
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