City of Culver City, California
City Council Agenda Item Report
Meeting Date:12/12/05 Item Number: C-6
AGENDA ITEM: Adoption of an Ordinance Amending Chapter 17.330 of the
Culver City Municipal Code Pertaining to Processing and Permitting of Signs
Contact Person/Dept.: Carol Schwab
and Heather Iker/City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List (12/07/05)
Department Approval:
Carol Schwab, City Attorney (12/02/05)
CAO Approval:
Martin Cole for Jerry Fulwood (12/05/05)
City Controller Approval: N/A
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance amending Chapter 17.330 of
the CCMC pertaining to the processing and permitting of signs (Attachment 1).
BACKGROUND/DISCUSSION:
At the City Council meeting of November 28, 2005, the Council introduced the
Ordinance by a unanimous vote (5-0).
The Ordinance is brought back tonight for adoption.
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Adopt an Ordinance Amending Chapter 17.330 of the Culver City Municipal Code
pertaining to processing and permitting of signs.
MEETING DATE 12/12/05
AGENDA ITEM Adoption of an Ordinance Amending Chapter 17 330 of the Culver
City Municipal Code Pertaining to Processing and Permittmg of Signs
ATTACHMENTS
Pages
1 Ordinance Amending Chapter 17 330 pertaining to processing and
permitting of signs
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ORDINANCE NO 2005-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING CHAPTER 17 330 OF THE
CULVER CITY MUNICIPAL CODE PERTAINING TO
PROCESSING AND PERMITTING OF SIGNS
The City Council of the City of Culver DOES HEREBY ORDAIN as follows
SECTION 1 FINDINGS The City Council of the City of Culver City (the
City ) hereby finds, determines, and declares that
A It is necessary and appropriate to amend Chapter 17 330 of the Culver
City Municipal Code titled Signs" to refine and update its regulations of the time,
place, and manner of the placement of signs The City has an overriding interest in
planning and regulating the placement of signs on both public and private property
within City in order to (1) protect the free speech rights of individuals and
organizations, (2) regulate signs in a constitutional manner, (3) serve the interest of
community aesthetics, (4) preserve vehicular and pedestrian traffic safety (5)
protect and preserve property values, (6) improve the visual environment of the City,
and (7) ensure the overall quality of life for persons living, working and visiting within
Culver City Without a revised and effective sign ordinance residential, commercial,
industrial and other sections of the City can quickly deteriorate, with detrimental
consequences to social environmental, and economic values
B This Ordinance is necessary for the preservation of the public peace
health and safety The need for the Ordinance is based in part on the fact that (1)
there is an ever-increasing and evolving body of case law governing the regulation
of signs and billboards, (2) billboard interests have recently challenged sign
ordinances in several jurisdictions within southern California as demonstrated by the
decisions of the United States District Court in Honzon Outdoor, LLC v City of
Industry 228 F Supp 2d 1113 (C D Cal 2002), Outdoor Media Group, Inc v City of|1010|I|1010101010101010 10
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Beaumont, 374 F Supp 2d 881 (C D Cal 2005), Covenant Media of Cal ,LLC v
City of Huntington Park 377 F Supp 2d 828 (C D Cal 2005) Get Outdoors II, LLC
v City of San Diego, 381 F Supp 2d 1250 (S D Cal 2005), Get Outdoors II, L L C
v City of Lemon Grove, 378 F Supp 2d 1232 (S D Cal 2005), (3) some billboard
companies have made it their practice to erect billboards in the middle of the night
without a permit or in a manner that is illegal or frustrates safety inspections, as
detailed in the case of City of Riverside v Valley Outdoor, Inc , 2005 WL 2233617
(Cal App 4 01st) and by Ted Rohrlich, Big Sign Firm Accused of Corruption, Los
Angeles Times October 23, 2005 at Al and (4) it would be detrimental to the City,
its residents, and its business community if during the process of updating its sign
regulations parties seeking to either evade the implementation of the new
regulations or challenge the City's existing regulations were able to place or install
signs without limitation or in a manner that would cause some or all of the very
threats to the public health, safety, and welfare that the City seeks to prevent by
regulating signs
C In developing this Ordinance, the City Council is mindful of legal
principles relating to content-neutral time, place, and manner regulations of signs,
billboards, and postings, and the City Council declares it does not intend to
suppress or infringe upon expressive activities protected by the United States and
California Constitutions Rather the City Council intends to enact reasonable
content-neutral time place and manner regulations that are narrowly tailored to
serve its substantial and legitimate interests in protecting the public health, safety
and welfare and leave ample alternative avenues for protected expression The City
Council takes legislative notice of various court decisions including the United States
Supreme Court decisions regarding local regulation of signs billboards, and
postings in Metromedia, Inc v City of San Diego, 453 U S 490, 101 S Ct 2992,69
L Ed 2d 800 (1981), and Members of the City Council v Taxpayers for Vincent,
-2-466 U S 789 104 S Ct 2118 80 L Ed 3d 772 (1984) the decisions of the United
States Court of Appeals for the Ninth Circuit in Gerntsen v City of Los Angeles 994
F 2d 570 (9th Cir 1993) Clear Channel Outdoor, Inc v City of Los Angeles, 340
F 3d 810 (9th Cir 2003) and the state court of appeal decision in City and County
of San Francisco v Eller Outdoor Advertising, 192 Cal App 3d 643 (1987)
D The City finds and declares that it has a substantial and legitimate
interest in regulating signs in the interest of the public health, safety and welfare of
the City and its residents in order to preserve, protect, and promote the (1)
constitutionally protected free speech rights of individuals and organizations, (2)
safety of vehicles, bicyclists and pedestrians, (3) commercial and residential
property values, (4) community aesthetics and the visual environment of the City so
as to promote commerce investment, tourism and visitation and (5) the overall
quality of living for persons residing or doing business in, or visiting the City Off site
signs including but not limited to billboard and large supergraphic signs, threaten
serious harms to Culver City's aesthetics, as well as the safe and efficient flow of
vehicular and pedestrian traffic and property values Further, the very massive size
of billboards and supergraphics threaten visibility and light impairment Any new or
additional off site signs would threaten the public health safety and welfare of the
City by negatively impacting community aesthetics and the safe and efficient flow of
vehicular and pedestrian traffic It is a fundamental land use policy of Culver City to
prohibit the construction, erection or use of any off site signs, other than those which
legally exist in the City when the prohibition was first adopted in 1995, or for which a
valid permit has been issued
E Ample alternative avenues of communication exist for the
dissemination of both commercial and non-commercial messages Alternative
avenues include but are not limited to personal communication, pamphleting direct
mail television radio and Internet communications With regard to the Internet the
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City Council further finds and declares that (1) the United States Supreme Court has
recognized that 'From the publishers' point of view [the Internet] constitutes a vast
platform from which to address and hear from a worldwide audience of millions of
readers viewers, researchers, and buyers" Reno v Amencan Civil Liberties Union,
521 U S 844, 853, 117 S Ct 2329, 138 L Ed 2d 874 (1997) and (2) the California
Court of Appeal has found that 63% of adults in the United States were using the
Internet as of 2003 and that, "the average computer blogger has in effect, his or her
own printing press to reach the world" In re Stevens, 119 Cal App 4th 1228, 1235-
1236 (2004) The City Council therefore finds as the United States Court of Appeals
for the Fourth Circuit did, that the Internet is an ample alternative avenue of
communication when other mediums are subject to reasonable content-neutral time,
place, or manner restrictions Anheuser Busch v Schmoke, 101 F 3d 325 (4th Cir
1996), cart denied 520 U S 1204 (1997)
F A proper balancing of individual rights to free expression and the
substantial public interest protecting the public health, safety, and welfare requires
the prompt hearing and judicial review as to any requests to erect signs that are
denied The time allowances for appeal and judicial review of denials of sign permit
applications in this Ordinance are the shortest fixed periods compatible with the
balancing of sound land use planning and the protection of First Amendment
freedoms The City Council finds that these time frames are reasonable, in that the
City is granting or denying a sign permit within thirty (30) days of the filing of a
completed application for such permit After the filing of an appeal the Planning
Commission or City Council conducts a public hearing on such appeal and renders
a decision within thirty (30) days of the filing of the appeal These time frames are
reasonably required based on facts that include but are not limited to (1) public
hearings are required for certain land use decisions and require ten (10) days
advance notice under Sections 65091 and 65905 of the California Government
-4-Code, (2) the City Hall for Culver City is closed to the public on various Fridays, (3)
publication of a notice to the public regarding a hearing requires sufficient lead time
after request by the City for publication in a newspaper and (4) Culver City is a
small jurisdiction and has a very limited staff These time allowances are necessary
to protect the free speech and due process rights of the applicant and the public to
speak regarding the issuance or denial of a sign permit
G Judicial review of an appeal relating to a First Amendment permit or
entitlement decision is available pursuant to Section 1094 8 of the California Code
of Civil Procedure, on an expedited basis
H The regulation of signs is a matter of City-wide importance and is
neither directed towards nor targeted at any particular parcel of property, person, or
organization
SECTION 2 AMENDMENT Section 17 330 005 of the Culver City
Municipal Code is hereby repealed and replaced as follows
17 330 005 — Intent
This Chapter is a comprehensive system for the regulation of signs in the
City Sign regulation is enacted to serve the interests of community aesthetics,
vehicular and pedestrian safety, to protect and preserve property values, to improve
the visual environment of the City so as to promote commerce, investment, tourism,
and visitation, and the overall quality of life for persons living in doing business in,
or visiting the City The provisions of this Chapter are also intended to promote the
public health, safety and general welfare of persons driving parking, biking, walking,
residing or conducting business within the City by reducing visual distractions to
motorists, by making signs and advertising displays more attractive, aesthetically
pleasing and more effective It is the further purpose of this Chapter that every use
of property within the City receives adequate identification The City intends to
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create a comprehensive balanced system of signs that is aesthetically pleasing and
compatible with the environment
The regulations of this Chapter are not intended to permit any violations of
the provisions of any other lawful ordinance, nor to prohibit the use of any sign
required by any law superior to that of this Ordinance
A Regulatory Interpretations All regulatory interpretations of this
Chapter are to be exercised in light of the City s message neutrality policy Where a
particular type of sign is proposed in a permit application, and the type is neither
expressly allowed nor prohibited nor restricted by this Chapter, or whenever a sign
does not qualify as a 'structure" as defined in the Uniform Building Code, then the
Director shall approve, conditionally approve or disapprove the application based on
the most similar sign type that is expressly regulated by this Chapter Architectural
compatibility shall be analyzed on the basis of size, location, color, construction
materials and design of the sign structure, without consideration of the message to
be displayed on a sign, other than the distinction between on-site and off-site
commercial messages
B Discretionary Approvals Whenever a sign or proposed sign is
subject to any discretionary approval process, including but not limited to variance,
conditional use permit or administrative use permit, then no consideration will be
given to sign copy or message to be displayed, other than a determination as to
whether the message will constitute off-site commercial copy This principle applies
equally at all levels of approval, from the Director to the City Council
C Non-communicative Aspects of Signs All rules and regulations
concerning the non-communicative aspects of signs, such as location, size, height
illumination spacing orientation, and so forth stand enforceable independently of
any permit or approval process
-6-SECTION 3 AMENDMENT Section 17 330 020 B of the Culver City
Municipal Code, Table 3-5 titled Sign Standards for Non-Residential Zoning Districts, Row
Heading of Directional Signs (row 4), Column Heading of Maximum Number of Signs
(column 4) The text of this cell is hereby amended to read as follows
Shall be approved by the Director based on issues of safety, line of site and
site conditions to ensure safe pedestrian and vehicular movement
SECTION 4 AMENDMENT Section 17 330 025 E 2 of the Culver City
Municipal Code is hereby amended to read as follows|109| An application for deviation from the size, location, height or
number restrictions contained in Table 3-5 may be submitted to the Director and
said deviation request shall be granted when the applicant establishes the presence
of unusual needs circumstances, or conditions relative to restricted visibility, the
size of the property, or the number of access points that make the deviation
necessary
SECTION 5 AMENDMENT Section 17 330 025 F 1 of the Culver City
Municipal Code is hereby amended to read as follows|109| An electronic message sign shall be displayed only if the
information displayed is public information
SECTION 6 AMENDMENT Section 17 330 025 H 1 d is hereby amended
to read as follows
d An application for additional or larger gasoline station price
signs may be submitted to the Director and shall be granted if the applicant
establishes that such is necessary to meet the minimum requirements established
by County, State or Federal law
SECTION 7 AMENDMENT Section 17 330 025 K of the Culver City
Municipal Code, Table 3-6A Standards for Temporary Signs Row Heading of Event Signs
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(row 4) Column Heading of Maximum Sign Area (column 2) The text of this cell is
hereby amended to read as follows
Sign area shall be in keeping with the regulations in place for
permanent signs allowed by this Chapter and without consideration of the message
to be displayed on the temporary event sign
SECTION 8 AMENDMENT Section 17 330 025 K of the Culver City
Municipal Code Table 3-6A Standards for Temporary Signs Row Heading of Event Signs
(row 4) Column Heading of Maximum Sign Height (column 3) The text of this cell is
hereby amended to read as follows
Sign height shall be in keeping with the regulations in place for
permanent signs allowed by this Chapter and without consideration of the
message to be displayed on the temporary event sign
SECTION 9 AMENDMENT Section 17 330 025 K of the Culver City
Municipal Code Table 3-6A Standards for Temporary Signs Row Heading of Event Signs
(row 4), Column Heading of Maximum Number of Signs (column 4) The text of this cell
is hereby amended to read as follows
Number of signs shall be in keeping with the regulations in place for
permanent signs allowed by this Chapter based on the size and lot
configuration and ensuring no access or site impairment and without
consideration of the message to be displayed on the temporary holiday sign
SECTION 10 AMENDMENT Section 17 330 025 K of the Culver City
Municipal Code, Table 3-6A Standards for Temporary Signs Row Heading of Event Signs
(row 4), Column Heading of Additional Requirements (column 6) The text of this cell is
hereby amended to read as follows
Additional, more stringent regulations may be placed on special event
signs through any discretionary land use approval or business tax certificate
approval process required for special events by this Code based on issues of size,
-8-1 location color, construction materials and design of the sign without consideration of|109| the message to be displayed on the special events sign|109| SECTION 11 AMENDMENT Section 17 330 025 K of the Culver City
4 Municipal Code, Table 3-6A Standards for Temporary Signs Row Heading of Holiday
5 Signs (row 7) Column Heading of Maximum Sign Area (column 2) The text of this cell is
6 hereby amended to read as follows|109| Sign area shall be in keeping with the regulations in place for
8 permanent signs allowed by this Chapter and without consideration of the
9 message to be displayed on the temporary holiday sign
10 SECTION 12 AMENDMENT Section 17 330 025 K of the Culver City
11 Municipal Code, Table 3-6A Standards for Temporary Signs Row Heading of Holiday
12 Signs (row 7) Column Heading of Maximum Sign Height (column 3) The text of this cell
13 is hereby amended to read as follows
14 Sign height shall be in keeping with the regulations in place for
15 permanent signs allowed by this Chapter and without consideration of the
16 message to be displayed on the temporary holiday sign
17 SECTION 13 AMENDMENT Section 17 330 025 K of the Culver City
18 Municipal Code, Table 3-6A Standards for Temporary Signs, Row Heading of Holiday
19 Signs (row 7) Column Heading of Maximum Number of Signs (column 4) The text of
20 this cell is hereby amended to read as follows
21 Number of signs shall be in keeping with the regulations in place for
22 permanent signs allowed by this Chapter based on the size and lot
23 configuration and ensuring no access or site impairment and without
24 consideration of the message to be displayed on the temporary holiday sign
25 SECTION 14 AMENDMENT Section 17 330 025 L 2 a is hereby
26 amended to replace the word encouraged" with "allowed
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1SECTION 15 AMENDMENT Section 17 330 035 B 4 is hereby amended
to read as follows
Freeway-oriented signs As used herein are on-site signs that are
directed essentially to be visible only from a freeway and are prohibited
without a permit issued by the Director pursuant to master sign program
SECTION 16 AMENDMENT Section 17 330 035 B is hereby amended to
delete the words 'or through the approval of a master sign program" from the first
sentence
SECTION 17 AMENDMENT Section 17 330 050 is hereby repealed and
replaced as follows
17 330 050 — Review Process and Appeals
A Permits shall be required for the following sign types
1 All signs meeting the definition of 'structure" within the
Uniform Building Code are subject to the structural requirements of
that Code, and may be mounted, erected or displayed only when a
valid building permit has been issued,|109| Signs included in the master sign program and multiple
business sign program as provided for in this Chapter,|109| Signs requiring a conditional use permit, variance, or
modification as provided under this Chapter and|109| Temporary banners as provided under this Chapter
B Sign Related Decisions and Appeals|109| Administrative Authority It is the responsibility of the
Director to enforce all provisions of this Chapter Notwithstanding any other
provisions of this Title, sign related decisions shall be governed by the procedures
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I02 Sign Related Decisions Sign related decisions include
decisions on applications for sign permits master sign programs repair or removal
orders, abatement orders, amortization schedules, requests for interpretations, and
all other sign related matters requiring decision by the City|109| Incomplete Applications If the Director finds that any
application for a sign permit is incomplete, the applicant shall be so notified not
more than fifteen (15) calendar days after the application is received The notice
shall detail all known points of incompleteness Such writing shall be deposited in
U S mail, postage prepaid, immediately upon determination that the application is
incomplete Within fifteen (15) business days following the receipt of an amended
application or supplemental information, the Director shall again determine whether
the application is complete in accordance with the procedures set forth above
Evaluation and notification shall occur as provided above until such time as the
application is found to be complete If the Director fails to provide notice of
incompleteness within fifteen (15) business days, then the application shall be
deemed complete|109| Review/Standard All matters of enforcement,
interpretation and application of this Chapter, including all sign related decisions
shall be made initially by the Director as an administrative matter, with no public
hearing required Any effected person may appeal the Director s sign related
decisions to the Planning Commission for public hearing and decision Any decision
of the Planning Commission except appeals of an incompleteness determination
may be appealed to the City Council for public hearing The City Council s decision
is final as to the City, but is subject to judicial review In reaching a decision neither
the Director, Planning Commission nor City Council shall be bound by the formal
rules of evidence
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27|109| Perfecting Appeal, Time Limit for Appeal An appeal
is effective when delivered to the City Clerk within the required time, on a form
prescribed by the Director accompanied by any applicable appeal fee (in an amount
set by Resolution of the City Council) signed by the appellant identifying the matter
or decision appealed from and stating the grounds of appeal All notices of appeal
on all sign related decisions, must be filed with the City Clerk within ten (10)
calendar days of when the appeal right arises|109| When Appeal Right Arises, Finality The right to
appeal a sign related decision arises at the earliest of when written notice of the
Director's administrative decision is deposited in the U S mail, postage prepaid,
when an appellate decision is made by vote of the appellate body in a duly noticed
hearing on the matter when written notice of the decision is delivered or deposited
in the U S mail, postage prepaid to the applicant or appellant or at the expiration of
the time in which the Director or appellate body is required to make a decision
(unless timeliness of decision is waived by the applicant or appellant) Any sign
related decision which is not properly appealed within the required time is final At
each level of review, written notice of any sign related decision shall be sent via
United States mail to the applicant within five (5) calendar days of the decision|109| Timeliness of Decision, Waiver of Time At each level
of review all sign related decisions (which includes any hearing when procedurally
required) shall be made within thirty (30) calendar days of when the permit
application is complete the request for interpretation has been received, or when
the appeal has been timely and properly filed The timeliness requirements may be
waived by the applicant or appellant The failure of the Director, Planning
Commission or City Council to render any decision within the time frames
established in any part of this section shall be deemed to constitute a denial and the
applicant or appellant shall have the immediate right to appeal
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-12- 8 Maintenance of Status Quo While a sign related
decision is pending, the status quo shall be maintained until the review or appeal
has run its full course unless the subject sign is in such physical condition that it
presents a serious or immediate threat to the public health and safety, in which case
it may be abated as a public nuisance No building, electrical, plumbing, mechanical
or grading permit shall be issued for a proposed sign until the appeal process has
run its full course
9 Appeals The filing of an appeal within the time limit
shall stay the effective date of the decision appealed from When any related
decision is timely appealed to the Planning Commission or City Council the
appellate body shall hold a hearing on the matter and decide the matter within the
required time period unless the applicant or appellant waives time The decision
shall be in writing and shall state facts from the record which support any findings
made
10 Judicial Review Following exhaustion of all available
appellate procedures within the City, any applicant or appellant may seek judicial
review of the City's final decision pursuant to California Code of Civil Procedure §
1094 8 This provision does not limit an applicant's or appellant's ability to seek
judicial review by other means
11 Conduct Constituting a Public Nuisance The
construction maintenance, or placement of any sign within the City in violation of
any of the terms of this Chapter is hereby found and declared to be a public
nuisance and the City Attorney or the District Attorney may, in addition or in lieu of
prosecuting a criminal action hereunder, commence an action or proceeding for the
abatement, removal and enjoyment thereof, in the manner provided by law and
shall take other steps and shall apply to such courts as may have jurisdiction to
grant such relief as will abate or remove such illegal sign and to restrain and enjoin
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28any person(s) from conducting operating or maintaining a sign contrary to the
provisions of this Article
C Hardship Exemptions|109| Where the owner/user of a proposed or existing sign
believes that compliance with the provisions of this Chapter coupled
with unusual geographic or building design and configuration
conditions pertaining to the site or contractual conditions limiting the
use thereof, would create an undue economic hardship on the use of
property (s)he may apply to the Director for a hardship exemption
The Directors decision in such cases shall be based on one or more
of the following criteria
a The site is unusual in size, shape or topography
b Improvements on the site or on adjoining public or
private properties cause a visual obstruction
c The site is improved with a multiple business
development and is encumbered by an existing contractual
obligation that precludes the modification of one or more other
existing signs for other businesses at the same time as the
installation of a new sign or a modification to an existing sign on
the same sign structure is proposed for a business on the
premises|109| Approval of a hardship exemption may be subject to
time, place and manner conditions based on issues of size location,
color, construction materials and design of the sign without
consideration or restriction as to the message to be displayed on the
sign
-14-3 The applicant has the burden of proof to establish that a
hardship exists based on the criteria found above
D Comprehensive Sign Programs|109| Multiple Business Sign Programs
a The purpose of a multiple business sign program
is to achieve design compatibility amongst all signs displayed
on a single ownership parcel that is occupied by two or more
separate businesses
b The submittal of a multiple business sign program
shall be required for each multi-tenant development that is
occupied by two or more separate businesses at the time the
first new permanent sign or first modification to an existing
permanent sign on the premises is proposed, except that a
multiple business sign program is not required for a project with
an approved master sign program
c A multiple business sign program, or the
equivalent approved prior to the effective date of this Chapter
or any amendment to this Chapter, shall be revised, if
necessary, to conform to this Chapter at the time the first new
permanent sign or modification to an existing permanent sign is
proposed on the premises
d A multiple business sign program shall be
submitted by or with the consent of the property owner or
master lessor
e A multiple business sign program shall consist of
plans and text describing the details of all signs, existing-to-
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displayed on the premises
f Only the types of signs allowed by the regulations
of this Chapter shall be approved under a multiple business
sign program
g The Director shall approve, conditionally approve,
or disapprove any application for a multiple business sign
program|109| Master Sign Programs
a The purpose of a master sign program is to
provide a mechanism by which the sign regulations established
in this Chapter can be modified to ensure that signs for a
uniquely planned or designed development or area are most
appropriate for that particular development or area
b A master sign program may be
i Required by the Director for any
development that requires a Site Plan Review in
compliance with Chapter 17 540, or a similar
discretionary review or
ii Requested by the owner or master lessor of
a development or
iii Initiated by the City or the Culver City
Redevelopment Agency for a particular area in
furtherance of a specific plan revitalization program,
overlay zone or other area wide planning tool
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28c A master sign program may include provisions
that are more and/or less restrictive than the regulations
established in this Chapter as related to issues of size, location
color, construction materials and design of the sign but without
consideration as to the message to be displayed on the sign
based on the particular unique features of the development
d Each master sign program applicant shall show
why the modifications requested are warranted and how the
total sign proposal for the development meets, on balance the
general purpose and intent of this Chapter
e A master sign program, or the equivalent, that was
approved by the City or Redevelopment Agency prior to the
effective date of this Chapter or any amendment to this
Chapter, shall be deemed to conform to this Chapter
f The Director shall approve, conditionally approve,
or disapprove any application for a master sign program
g A new master sign program approval shall be
obtained for substantial revisions to the original approval, as
determined by the Director
SECTION 18 ENVIRONMENTAL FINDINGS Adoption of this Ordinance is
not subject to the California Environmental Quality Act ('CEQA ), Public Resources Code
§ 21000 et seq The effect of the Ordinance will be to preserve the status quo with respect
to the time place, and manner in which signs may be erected in the City because the
Ordinance neither allows any sign that is currently prohibited by the Culver City Municipal
Code, nor prohibits any sign that is currently allowed by the Culver City Municipal Code
The City Council therefore finds that the Ordinance does not qualify as a project' subject
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to CEQA under Public Resources Code § 21065 because it will not result in either a direct
or reasonably foreseeable indirect physical change in the environment Independent of
this determination, the City Council also finds that the Ordinance qualifies for exemption
from CEQA under 14 Cal Code Regs § 15061(b)(3) because it can be seen with certainty
that there is no possibility that the Ordinance will have a significant effect on the
environment In accordance with Public Resources Code § 21152(b), the City will issue a
Notice of Exemption after the Ordinance is adopted The Notice of Exemption will be filed
with the County Clerk of the County of Los Angeles where it will be available for public
inspection pursuant to Public Resources Code § 21152(b)-(c)
SECTION 19 SEVERABILITY If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be invalid 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 passed and
adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that
one or more provisions may be declared invalid Further, in the event of the invalidation of
any provision of this Ordinance, it is the intention of the City Council that any person
seeking to erect a sign in the City should be nonetheless subject to all remaining
requirements of the Ordinance or the City s Municipal Code, including, but not limited to,
location design and building requirements and the revocation violation, and penalty
provisions, which the City Council has already or would have adopted independent of any
other provision in this Ordinance
SECTION 20 PUBLICATION Pursuant to Section 514 of the City Charter
this Ordinance shall take effect thirty (30) days after the date of its adoption Pursuant to
Sections 512 and 517 of the City Charter prior to the expiration of fifteen (15) days after
the adoption, the City Clerk shall cause this Ordinance or a summary thereof to be
published in the Culver City News and shall post this Ordinance or a summary thereof in at
least three places within the City
-18-APPROVED AND ADOPTED this day of 2005
ALBERT M VERA, Mayor
City of Culver City, California
ATTEST APPROVED AS TO FORM
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CHRISTOPHER ARMENTA, City Clerk