HomeMy WebLinkAboutOrdinance No. 1124090
ORDINANCE NO. 1124
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA
AMENDING SUBPARAGRAPHS 3.15.060.F.4 AND 3.15.070 OF SECTION 15 OF
ARTICLE 3 OF THE CYPRESS ZONING ORDINANCE (APPENDIX "A" OF THE
CYPRESS CITY CODE), ADDING NEW DEFINITIONS TO SECTION 6.31.020
REGARDING SIGNAGE.
WHEREAS, the City Council of the City of Cypress recognizes that commercial
signage is necessary to advertise any given business, and it enjoys limited legal
protection as commercial speech; and
WHEREAS, the City Council of the City of Cypress also recognizes that the
public thoroughfares and rights of way require a clear and unobstructed line of sight and
path of travel for both motorists and pedestrians, respectively; and
WHEREAS, the City Council of the City of Cypress wishes to maintain and
contribute further to the development standards of the community as already
established within the Zoning Code; and
WHEREAS, the City Council of the City of Cypress finds and determines that
signage can, and often does, result in visual blight and can detract from traffic safety
within a community, and that the City has the legal authority to engage in reasonable
time, place, and manner regulation of the same; and
WHEREAS, the City Council of the City of Cypress finds and determines that
there are alternative channels of advertising available, including but not limited to static
signs, advertisements in print and electronic media including radio, television and
Internet, distribution of flyers, circulation of direct mailers and use of cross promotions
with other businesses; and
WHEREAS, the City Council of the City of Cypress desires to amend
Subparagraphs 3.15.060.F.4 and 6.31.020 of the Cypress Zoning Ordinance in order to
ensure all of the above; and
WHEREAS, there has already been legal review and upholding of such
requirements in several cases, including: Nasar Jewelers, Inc. v. City of Concord, 513
F.3d 21 (1St Cir. 2008)(New Hampshire), Adams Outdoor Advertising, L.P. v. Board of
Zoning Appeals, 645 S.E.2d 271(Va. 2007), and Clear Channel Outdoor, Inc. v. City of
Arden Hills, (Minn, Dist. Ct. August 1, 2008), World Wide Rush LLC v. City of Los
Angeles, (9th Cir. May 26, 2010); and
NOW, THEREFORE, the City Council of the City of Cypress hereby ordains as
follows:
Section 1: That Subparagraph 3.15.060.F.4 is hereby amended to read as
follows:
"4. Billboards may not contain movement, blinking, flashing, or animation of any
kind. Further, no billboard shall be modified or replaced in whole or in part
to include any component that would render it an "Eisc }ronic Message
Center Sign /Digital Display" as defined by Section 6.31.020. Modification
includes any alteration which increases dimensions such as height, width,
thickness and /or depth, weight or changes electronic connections /capacity
to the existing billboard."
Section 2: That Subparagraph 3.15.070 is hereby amended to add:
"P. Supergraphic sign."
Section 3: That new definitions are added to Section 6.31.020 to read as
follows:
"Electronic Message Center Sign /Digital Display. A sign which uses a bank
of grid or other lights that can be individually lit to form copy such as words,
letters, logos, figures, symbols, illustrations, still images, scrolling images,
moving images, flashing images, including video and animation, or patterns to
form a message without altering the sign face. This includes any sign, or portion
of a sign independent of or attached to an existing structure, that displays an
electronic image or video, which may or may not include text, where the rate of
change is electronically programmed and can be modified by electronic
processes. The definition includes cathode ray projections, fiber optics,
television screens, plasma screens, digital screens, LCD or LED screens, video
boards, holographic displays or other electronic media technology, and other
similar media.
091
Supergraphic Sign. A sign, consisting of an image projected onto a
wall or printed on vinyl, mesh or other material with or without written text,
supported and attached to a wall by an adhesive and /or by using stranded cable
and eye bolts and /or other materials or methods, and which does not comply
with existing code provisions for wall, temporary or off site signs."
Section 4. Severability.
The City Council of the City of Cypress hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be
declared for any reason to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the elimination herefrom of
any such portion as may be declared invalid.
Section 5. Publication.
The City Clerk shall certify to the passage and adoption of this ordinance, and
shall make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted. This
ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) full days after its final passage, the City Clerk shall
cause it to be published in a newspaper of general circulation and shall post the same
at City Hall, the Police Department and the Community Center.
FIRST READING at a regular meeting of the City Council of said City held on the
8th day of November, 2010, and finally adopted and order posted at a regular meeting
held on the 22nd day of November, 2010.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of said City Council
held on the 22nd day of November, 2010, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS