ORDINANCE NO, 1411
URGENCY ORDINANCE OF THE CITY OF SAN CARLOS
PURSUANT TO GOVERNMENT CODE SECTION 65858(a)
IMPOSING A MORATORIUM ON NEW BILLBOARD STRUCTURES WITHIN THE
CITY OF SAN CARLOS
IT IS ORDAINED by the City Council of the City of San Carlos as follows:
SECTION 1:
WHEREAS, the City Council finds that it is necessary for the Planning
Commission and/or City Council to study and develop regulations within a reasonable
time regarding its policies regarding new billboard structures ("Billboard Structures") in
the City of San Carlos and,
WHEREAS, questions have been raised about the legal validity of several
portions of the Sign Ordinance of the City of San Carlos, Chapter 18.150 of the
Municipal Code of the City of San Carlos and the City has been temporarily enjoined
from enforcing portions of its sign ordinance;
WHEREAS, the Sign Ordinance provisions have not been recently
comprehensively evaluated for legal validity;
WHEREAS, the City Council finds and declares that questions about the legal
validity of portions of the Sign Ordinance justifies immediate passage and adoption of
an Urgency Ordinance to impose a moratorium on new Billboard Structures;
WHEREAS, in the absence of a moratorium, numerous permanent new Billboard
Structures and accompanying signs might be hastily erected in an unregulated manner
that impairs the City's substantial interests in public safety and protecting the visual
appearance and image of the City;
WHEREAS, the City Council directs City Staff to develop, and propose for
adoption by the Council, a revised Sign Ordinance that fully addresses the legal validity
questions raised in the existing Sign Ordinance while ensuring that the City's interests in
public safety and visual impacts are protected.
SECTION 2: The City Council finds that there is a current and immediate threat
to the public peace, health, welfare and safety, specifically including possible permanent
damage to the City's aesthetic and safety interests arising from installation of new
permanent Billboard Structures and it is necessary to adopt this Ordinance and impose
a moratorium pursuant to Government Code Section 65858(a) in order to protect the
public health, welfare and safety for the following reasons:
A. Several permanent Billboard Structures are currently located and operating in
the City of San Carlos and the City has received applications for permits to
install additional Billboard Structures;
B. The existing inventory of Billboard Structures is sufficient to adequately serve
the outdoor advertising needs of the City; and
C. The City has long had a policy prohibiting new Billboard Structures, and
desires to maintain and enforce this policy at least until the Sign Ordinance
review is complete. The City's policy of prohibiting new Billboard Structures
was adopted because of the aesthetic harm and safety hazards which they
inevitably cause, due to their physical nature, regardless of what messages
may be displayed on them; and
D. City staff needs time to analyze the current Sign Ordinance and possibly
recommend changes which would remove all questions of legal validity while at
the same time maintaining the City's long-held policy of prohibiting new
Billboard Structures;
E. The citizens of San Carlos will be well-served if the City more fully addresses
the potential impacts to health, safety, economic, hazards to traffic, and
aesthetic impacts which Billboard Structures cause to neighboring properties
and the community as a whole; and,
F. The only sure way to prevent the installation of new Billboard Structures during
the time that City staff is reviewing the Sign Ordinance is to impose an
immediate, total City-wide ban on any and all new Billboard Structures; and
G. The San Carlos City Council does not intend by this Moratorium and Urgency
Ordinance to impermissibly infringe upon any protected free expression or
speech rights; This ordinance does not affect in any way the operation of any
legal, existing Billboard Structures which currently exist in the City; and
H.
I.
A public hearing was held on October 26, 2009, before the City Council; and
The City Council finds that the protection of the health, safety, and welfare,
specifically the City's and the public's interests in community aesthetics and
safety supports an immediate Moratorium and Urgency Ordinance on approval
of any applications for permits to erect and install new Billboard Structures until
additional review has been completed and any necessary code revisions have
been adopted by the San Carlos City Council; and
J. This ordinance is necessary to prevent irreversible development from occurring
by preventing the construction and placement of Billboard Structures that
would add to the visual blight in the City of San Carlos.
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SECTION 3: The City Council does hereby, pursuant to Government Code
Section 65858 (a), impose a moratorium for forty five (45) days prohibiting any person
from erecting, constructing, and installing any Billboard Structures. Further, no building,
electrical, land use or development permit shall be approved or issued for any such
structure.
SECTION 4: Definition. For purposes of this ordinance, the term "Billboard
Structure" means any physical device which is subject to any of the City's safety codes
(Building, Electrical, Plumbing, Grading, Demolition, Etc.), and meets any one or more
of the following criteria: 1) It is intended to be used for, or is suitable for, the display of
general advertising for hire; 2) It is intended to be used for, or is suitable for, the display
of commercial advertising messages which pertain to products and/or services which
are offered at a different location, or are not offered at the same location as the sign; 3)
It constitutes a separate principal use of the property, in contrast to and auxiliary or
accessory of the principal use of the property.
SECTION 5: Pending applications. As to applications for permits to construct
new Billboard Structures, which have been accepted, processing and review of such
applications shall be suspended during the pendency of this temporary moratorium.
SECTION 6: Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of the City of San Carlos
hereby declares that it would have adopted this Ordinance and such section,
subsection, sentence, clause, phrase or portion may be declared invalid or
unconstitutional.
SECTION 7: This is an Urgency Ordinance and requires a 4/5 vote of approval
of all of the members of the City Council and goes into effect immediately upon its
adoption.
SECTIONS 8: This Urgency Ordinance shall be published once within fifteen (15)
days of its adoption.
Passed and adopted this 26th day of October, 2009 by the following vote:
AYES, COUNCIL MEMBERS: AHMAD, GRASSILLI, GROCOTT, LEWIS, ROYCE
NOES, COUNCIL MEMBERS: NONE
ABSENT, COUNCIL MEMBERS: NONE
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ABSTAIN COUNCIL MEMBERS:
NONE
(
MAYOR of the City of San Carlos
ATTEST:
CIT
ERK of he City of San Carlos
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CNS-1734319#
ORDINANCE NO. 1411
URGENCY ORDINANCE OF THE CITY
OF SAN CARLOS
PURSUANT TO GOVERNMENT CODE
SECTION 65858(a)
IMPOSING A MORATORIUM ON NEW
BILLBOARD STRUCTURES WITHIN
THE CITY OF SAN CARLOS
B. The existing inventory of Billboard
Structures is sufficient to adequately serve
the outdoor advertising needs of the City;
and
SECTION 1:
C. The City has long had a policy
prohibiting new Billboard Structures, and
desires to maintain and enforce this policy
at least until the Sign Ordinance review is
complete. The City's policy of prohibiting
new Billboard Structures was adopted
because of the aesthetic harm and safety
hazards which they inevitably cause, due
to their physical nature, regardless of what
messages may be displayed on them; and
WHEREAS, the City Council finds that it is
nedessary for the Planning Commission
and/or City Council to study and develop
regulations within a reasonable time
regarding its policies regarding new
billboard structures (Billboard Structures)
in the City of Sari Carlos and,
D. City staff needs time to analyze the
current Sign Ordinance and possibly
recommend changes which would remove
all questions of legal validity while at the
same time maintaining the City's long-held
policy of prohibiting new Billboard
Structures;
WHEREAS, questions have been raised
about the legal validity of several portions
of the Sign Ordinance of the City of San
Canon, Chapter 18,150 of the Municipal
Code of the City of San Carlos and the
City has been temporarily enjoined from
enforcing portions of its sign ordinance;
E.The citizens of San Carlos will be wellserved if the City more fully addresses the
potential impacts to health, safety,
economic, hazards to traffic, and aesthetic
impacts which Billboard Structures cause
to neighboring properties and the
community as a whole; and,
WHEREAS, the Sign Ordinance provisions
have not been recently comprehensively
evaluated for legal validity;
F. The only sure way to prevent the
installation of new Billboard Structures
during the time that City staff is reviewing
the Sign Ordinance is to impose an
immediate, total City-wide ban on any and
all new Billboard Structures; and
IT IS ORDAINED by the City Council of
the City of San Carlos as follows:
WHEREAS, the City Council finds and
declares that questions about the legal
validity of portions of the Sign Ordinance
justifies immediate passage and adoption
of an Urgency Ordinance to impose a
moratorium on new Billboard Structures;
WHEREAS, in the absence of a
moratorium, numerous permanent new
Billboard Structures and accompanying
signs might be hastily erected in an
unregulated manner that impairs the City's
substantial interests in public safety and
protecting the visual appearance and
image of the City;
WHEREAS, the City Council directs City
Staff to develop, and propose for adoption
by the Council, a revised Sign Ordinance
that fully addresses the legal validity
questions raised in the existing Sign
Ordinance while ensuring that the City's
interests in public safety and visual
impacts are protected.
SECTION 2: The City Council finds that
there is a current and immediate threat to
the public peace, health, welfare and
safety, specifically including possible
permanent damage to the City's aesthetic
and safety interests arising from
installation of new permanent Billboard
Structures and it is necessary to adopt this
Ordinance and impose a moratorium
pursuant to Government Code Section
65858(a) in order to protect the public
health, welfare and safety for the following
reasons:
A. Several permanent Billboard Structures
are currently located and operating in the
City of San Carlos and the City has
received applications for permits to install
additional Billboard Structures;
G. The San Carlos City Council does not
intend by this Moratorium and Urgency
Ordinance to impermissibly infringe upon
any protected free expression or speech
rights; This ordinance does not affect in
any way the operation of any legal,
existing Billboard Structures which
currently exist in the City; and
H. A public hearing was held on October
26, 2009, before the City Council; and
I.The City Council finds that the protection
of the health, safety, and welfare,
specifically the City's and the public's
interests in community aesthetics and
safety supports an immediate Moratorium
and Urgency Ordinance on approval of
any applications for permits to erect and
install new Billboard Structures until
additional review has been completed and
any necessary code revisions have been
adopted by the San Carlos City Council;
and
J. This ordinance is necessary to prevent
irreversible development from occurring by
preventing the construction and placement
of Billboard Structures that would add to
the visual blight in the City of San Carlos.
SECTION 3: The City Council does
hereby, pursuant to Government Code
Section 65858 (a), impose a moratorium
for forty five (45) days prohibiting any
person from erecting, constructing, and
installing any Billboard Structures. Further,
no building, electrical, land use or
development permit shall be approved or
issued for any such structure.
SECTION 4: Definition. For purposes of
this ordinance, the term "Billboard
Structure" means any physical device
which is subject to any of the City's safety
codes (Building, Electrical, Plumbing,
Grading, Demolition, Etc.), and meets any
one or more of the following criteria: 1) It is
intended to be used for, or is suitable for,
the display of general advertising for hire;
2) It is intended to be used for, or is
suitable for, the display of commercial
advertising messages which pertain to
products and/or services which are offered
at a different location, or are not offered at
the same location as the sign; 3) It
constitutes a separate principal use of the
property, in contrast to and auxiliary or
accessory of the principal use of the
property.
SECTION 5: Pending applications. As to
applications for permits to construct new
Billboard Structures, which have been
accepted, processing and review of such
applications shall be suspended during the
pendency of this temporary moratorium.
SECTION 6: Severability. If any section,
subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason
held to be invalid or unconstitutional by the
decision of any court of competent
jurisdiction, such decision shall not affect
the validity of the remaining portions of this
Ordinance. The City Council of the City of
San Carlon hereby declares that it would
have adopted this Ordinance and such
section, subsection, sentence, clause,
phrase or portion may be declared invalid
or unconstitutional.
SECTION 7: This is an Urgency
Ordinance and requires a 4/5 vote of
approval of all of the members of the City
Council and goes into effect immediately
upon its adoption.
SECTION 8: This Urgency Ordinance
shall be published once within fifteen (15)
days of its adoption.
AYES, COUNCIL MEMBERS: AHMAD,
GROCOTT, LEWIS, ROYCE, GRASSILLI
NOES, COUNCIL MEMBERS: NONE
ABSENT, COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE
/S/ ROBERT GRASSILLI, MAYOR of the
City of San Carlos
ATTEST:
/S/ CHRISTINE D. BOLAND, CITY
CLERK of the City of San Carlos
11/11/09
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
CITY OF SAN CARLOS
PUBLIC HEARING:
STUDY SESSION:
COUNCIL/RDA MEETING DATE: October 26, 2009
ITEM TITLE: URGENCY ORDINANCE OF THE CITY OF SAN CARLOS
PURSUANT TO GOVERNMENT CODE SECTION 65858(a)
IMPOSING A MORATORIUM ON NEW BILLBOARD
STRUCTURES WITHIN THE CITY OF SAN CARLOS
RECOMMENDATION
It is recommended that the City Council Adopt the Attached Urgency Ordinance.
BACKGROUND
The City of San Carlos has been sued in United States District Court by Jeffrey Herson and
East Bay Outdoor, Inc. (US District Court, Northern District C 09- 4187 MHP), alleging that the
City's existing sign ordinance is unconstitutional on first amendment grounds. On October 16,
2009, with forty eight hours notice, and after a hearing in San Francisco, the District Court
issued a Temporary Restraining Order (TRO) enjoining the City from enforcing portions of the
Sign Ordinance (Section 18.150.065 "Temporary Signs") and deemed a September 4, 2009
application "filed". The TRO does not enjoin the City from proposing legislation, nor, "...from
exercising lawful review of, and requiring a building permit for, any proposed structure to be built
insofar as the review and permit are for content-neutral purposes such as ensuring structural
stability and safety".
On October 20, 2009, the Plaintiffs applied for a permanent pole sign facing the US 101
corridor. Plaintiffs are also threatening to seek further orders to require the City to approve a
permanent sign structure based on alleged violations of free speech rights. Such signs are
extremely lucrative to their owners and once installed, vested rights may attach, making the sign
essentially permanent. This City Sign Ordinance is intended to prohibit such permanent off-site
sign structures, in a content-neutral manner. The sign ordinance was never intended to
regulate content of signs. It does contain reasonable time, place and manner restrictions.
However, in light of the pending litigation and claims by the plaintiffs that they are entitled under
the constitution to a permanent Billboard Structure at a location of their choosing, an urgency
ordinance is required to ensure such illegal signs are not installed and to allow for orderly review
and study of our current sign ordinance for constitutionality, to provide reasonable time to
prepare and propose any necessary amendments and protect the public, peace, health, welfare
and safety of the citizens of the City by preventing the processing or approval of Billboard
Structures anywhere in the City, pending such review. The moratorium and urgency ordinance
will last 45 days unless extended at a public hearing.
ALTERNATIVES
The alternatives available to the City Council include:
1. Adopt the proposed Urgency Ordinance and Moratorium.
2. Not adopt the proposed Urgency Ordinance and Moratorium.
3. Provide staff with alternative direction.
Respectfully submitted,
Gregory J. Rubens
CITY ATTORNEY
Approved for submission by:
Mark Weiss, City Manager
Attachments: Proposed Ordinance Amendment
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