The amendments were reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be exempt pursuant to Section 15061(b)(3) (Common Sense Exception) of the CEQA guidelines because the proposed amendments to the La Habra Municipal Code have no possibility of having a significant effect on the environment.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING ZONE CHANGE 22-03 TO REPEAL CHAPTER 15.40 (OUTDOOR ADVERTISING SIGNS AND STRUCTURES) OF TITLE 15 (BUILDINGS AND CONSTRUCTION), ADD CHAPTER 18.23 (SIGN STANDARDS) TO TITLE 18 (ZONING) OF THE LA HABRA MUNICIPAL CODE, AMENDING VARIOUS SECTIONS OF TITLE 18 (ZONING) FOR CONSISTENCY WITH CHAPTER 18.23 (SIGN STANDARDS) AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES

On January 17, 2023, pursuant to Chapter 18.78 (Zone Changes) of the La Habra Municipal Code (LHMC), the City Council directed staff to initiate Zone Change 22-03 to update the City's sign regulations, with the goal of reducing sign proliferation, and creating a user-friendly sign code that is easier to understand and implement. Per the Council's direction, staff has prepared the attached draft resolution and ordinance (Attachment No. 1) for the Planning Commission's consideration and recommendation to the City Council. Following the Planning Commission's action on the subject resolution, the City Council will then consider the proposed ordinance and Planning Commission's recommendation at a noticed public hearing. Once the ordinance has received a first and second reading and been adopted by City Council, it will become effective 30 days after said adoption. Section 18.23.110 (Nonconforming Signs), of the proposed Chapter 18.23 (Sign Standards) of the draft ordinance, addresses signs that would become legal non-conforming as a result of the adoption of the ordinance. These requirements are further discussed below under "Public Outreach." The City Council staff report for the initiation of Zone Change 22-03 is provided as Attachment No. 2 to this staff report.

PROPOSED AMENDMENTS

Repeal of Chapter 15.40 (Outdoor Advertising Signs and Structures)
The City's current sign regulations, codified as Chapter 15.40 (Outdoor Advertising Signs and Structures) of the LHMC, were last amended in 2010. The sign regulations have not been recently updated for consistency with all Federal and State law requirements, including, but not limited to, relevant court decisions regarding freedom of speech, as provided for by the First Amendment of the United States Constitution. In addition, the existing sign regulations have language that is outdated and difficult to implement as they reference obsolete sections of the California Building Code that have since been updated. The existing regulations also contain design standards, typically found in Title 18 (Zoning). Zone Change 22-03 would move the City's sign standards from Title 15 (Buildings and Construction) to Title 18 (Zoning); as a result, Chapter 15.40 would be repealed in its entirety. The existing Chapter 15.40 (Outdoor Advertising Signs and Structures) is included as Attachment No. 3 for reference and comparison to the proposed Chapter 18.23 (Sign Standards), which is included as Attachment No. 4. 

New Chapter 18.23 (Sign Standards)

• 18.23.010 Description and Purpose – Applicability
• 18.23.020 Definitions 
• 18.23.030 Sign Matrix
• 18.23.040 Sign Permit Required
• 18.23.050 Sign Program Required
• 18.23.060 Design Standards - General
• 18.23.070 Sign Regulations - Residential
• 18.23.080 Sign Regulations - Non-Residential
• 18.23.090 Sign Regulations - Temporary Signs
• 18.23.100 Removal of Illegal Signs and Abandoned Signs - Public Nuisance Abatement
• 18.23.110 Nonconforming Signs and Billboards

The majority of the standards contained in this chapter are generally the same in substance as those currently required by Chapter 15.40 (Outdoor Advertising Signs and Structures).  The proposed sign standards are intended to comply with all Federal and State Laws, including but not limited to the free speech clause of the First Amendment and the Fifth Amendment related to protections against the taking of property, due process provisions and registered trademark protections. The sign regulations focus on time, place and manner and provide a clear and equitable review process. In addition, the proposed Chapter 18.23 (Sign Standards) addresses common sign types that were not previously addressed in Chapter 15.40 (Outdoor Advertising Signs and Structures). These sign types include menu boards for drive-through restaurants, sign regulations for canopies and awnings, regulations for the use of pump top video displays in conjunction with automotive service stations, real estate signs standards, and the implementation of sign programs to allow for flexibility. The proposed Chapter 18.23 received input from other City Departments, including the Building, Safety and Code Enforcement Division and the City Attorney's Office, to create a seamless transition from Title 15 (Buildings and Construction) to Title 18 (Zoning) of the LHMC.

Move and Update Definitions
Definitions that are currently in Chapter 15.40 (Outdoor Advertising Signs and Structures), would be moved and updated, as needed, in Chapter 18.04 (Definitions). Attachment No. 5 provides the proposed Chapter 18.04 (Definitions) in its entirety with new added text in bold blue typeface.  Staff is making a concerted effort to locate all definitions referenced in Title 18 (Zoning) into one chapter to help ensure consistency in terminology across development standards. Staff reviewed the existing definitions from Chapter 15.40, and added to these definitions as needed, to make sure that terms are clearly defined and easy to understand, in order to reduce the potential for the subjective interpretation of the LHMC requirements. Section 18.23.020 (Definitions) of the new Chapter 18.23 (Sign Standards), cross-references Chapter 18.04 (Definitions) for all of its definitions.
PUBLIC OUTREACH

On April 25, 2023, at the City's Top 25 Business Luncheon, held at City Hall, staff began informing business owners about the upcoming sign code update. A total of 41 business owners and/or their representatives participated in the luncheon. Staff provided a brief presentation to introduce the purpose and basic goals of updating the sign code. The presentation slides are provided as Attachment No. 7 to this staff report. The intent of the presentation was to invite the business community to provide their input before staff completed a draft of the sign code regulations. The luncheon participants generally appreciated receiving the City's advance notification of the sign code update.

In May 2023, staff began preparing for a sign code workshop. In an effort to reach more local businesses, staff visited many of the City's local, independent businesses in order to promote the sign code workshop. Additionally, flyers (see Attachment No 8) regarding the sign code workshop were also distributed to the La Habra Chamber of Commerce. In turn, the La Habra Chamber of Commerce posted the sign code workshop flyer on social media for all of its members and the public. The workshop was held at City Hall on June 28, 2023. A total of 11 local business owners attended the workshop. During the workshop, staff provided a presentation, which explained that most of the City's existing sign code regulations will remain the same, but highlighted the proposed changes, including the proposed regulations for new sign types and certain temporary signs. The presentation slides are provided as Attachment No. 8.

The following is a summary of the input provided by the attendees of the workshop:

Electronic, LED Message Signs
A few attendees expressed a desire for the City to allow electronic message signs so that they could display multiple business names and services and also be used to provide community information. In response, staff explained that the existing sign code does not permit electronic message signs; and that, to date, the use of electronic message signs has not been supported because this type of sign is not compatible to the City of La Habra's community character. The signs are often viewed as being overly bright, causing a distraction and/or nuisance to residences; they exhibit a busier, flashier commercial environment that is not generally consistent with the suburban nature of the City of La Habra. The last time that the City approved an electronic message sign was over 34 years ago, through a Zone Variance in 1989, which was approved for the Howard's Appliance store, located along Imperial Highway, west of Harbor Boulevard. This approval is further described below under "Additional Sign Research."

Temporary Signs
The proposed sign regulations include revisions to the requirements for temporary signs. During its discussion of these regulations, staff noted the increasing proliferation of unpermitted temporary banners and feathered flags in the City, since March 2020, when the City relaxed its enforcement of these signs. During the sign code workshop, some local business owners stated that they rely on the use of multiple temporary signs in order to be noticed and without such signs, they experience substantial revenue losses. In response, staff explained that the banner permit process requirements would remain the same. However, feathered flags, which are presently not permitted in the City of La Habra, will continue to be identified as a prohibited sign under the draft sign code ordinance. Staff noted that feathered flags are problematic because they are often placed in the public right-of-way, thereby creating a safety hazard. Furthermore, many businesses use an excessive number of feathered flags, that overtake required landscape areas and often times, block or impede the view of vehicles entering and/or existing a driveway. The excessive use of feathered flags by multiple businesses inadvertently results in businesses competing for greater visibility. Rather than attracting customers to one business, the feathered flags often appeared cluttered and the message on a single feathered flag is lost and becomes more of a distraction rather than a meaningful sign. However, staff does understand the business community’s need to utilize temporary signs; therefore, in this effort, staff has added regulations allowing for the use of an A-frame, portable signs. The current sign code regulations presently prohibit the use of an A-frame, portable sign. Staff has included language under the proposed sign code allowing the use of an A-frame, portable sign that is appropriately located (i.e., outside the public right-of-way) with the goal of enabling business owners to have a temporary sign alternative to feathered flags.

Nonconforming Signs
Some businesses were concerned that the proposed new sign code would require their existing nonconforming signs to immediately conform to the new sign code, which could be a financial hardship to an existing business. Staff explained that nonconforming signs that were legally established could remain in place and therefore, the adoption of a new sign code will not impact them. However, if a business wished to modify and/or expand an existing non-conforming sign, it is likely the existing non-conforming sign status will end, thus, new signs would be expected to comply with current sign regulation standards. 

Additional Sign Research
At the workshop, attendees inquired how, if electronic message display signs were prohibited, how the existing electronic message display sign for the Howard’s Appliance Store was approved. Staff researched the property and discovered the following facts:

• On July 25, 1988, the Planning Commission approved a Conditional Use Permit (CUP) 87-97 to exceed the 8-foot height limit for a 25-foot tall freestanding sign and Zone Variance 87-135 to utilize an animated-electronic static changeable copy sign. The discussion included statements that the sign code did not permit flashing signs and that the sign code at that time did not clearly define an animated sign. The item was approved by a 4-0 vote with one commissioner abstaining.
• On August 16, 1988, the City Council upheld the Planning Commission decision of Conditional Use Permit 8-97 on an appeal for a 25-foot tall freestanding sign. The City Council sustained the Commissions decision and approved the CUP by a 4-1 vote.
• On March 13, 1989, the Planning Commission re-considered Zone Variance 87-135 and approved the Variance to utilize an electronic static changeable copy sign. A discussion was held regarding the duration of the images. The Commission approved condition of approval limiting the duration of the images, and allowed the use of the sign from 5:30 a.m. to 10:00 p.m. The Variance for the reader board was only granted to the applicant - Howard's Appliance. The Zone Variance was approved by a 4-1 vote. 

Staff also researched the sign code regulations of surrounding cities and investigated how these cities handle the review of electronic message signs, feathered flags and portable signs.
 

City	Electronic Message Signs	Feather flags	Portable Signs
Anaheim	Electronic reader board sign subject to the approval of a Minor CUP	No	Portable signs including A frame signs are prohibited. However, they may be approved in specific plans and mixed use zones
Brea	May be permitted in commercial and industrial zones subject to the approval of a comprehensive sign program and CUP	May be allowed at the discretion of staff with a temporary sign permit	May be permitted with the approval of a temporary sign permit on private property
Buena Park	Electronic display signs may be permitted in commercial and industrial zones with the approval of a sign program, CUP or Specific Plan	No	Yes, A-Frame or T-Frame signs
Diamond Bar	Electronic reader board signs are prohibited except for freeway-oriented signs with an electronic reader board may be permitted with a CUP for commercial development complexes located within a commercial zone with specific parcel size requirements	May be allowed with a temporary sign permit	Only with the approval of a comprehensive sign program
Fullerton	Freeway-oriented electronic (digital) billboards may be permitted with the approval of a CUP and Development Agreement. Flashing signs are also permitted with a CUP	No	May be permitted within a specific zone and with a sign encroachment permit
La Mirada	Electronic billboards may be permitted in the freeway commercial zone with the approval of a Site Plan Review and Development Agreement	No	Prohibited
Whittier	Institutional use only	No	May be permitted within specific commercial zones with the approval of a temporary sign permit that includes size and duration restrictions
Yorba Linda	Prohibited	Prohibited	Permitted - with size and duration restrictions, may not encroach upon adjacent properties or public-right-of-way or obstruct path of travel

The research data finds that a large majority of Orange County cities permit the use of electronic message signs. Such signs may be permitted within commercial, industrial or special zones or districts with the approval of a Conditional Use Permit, Site Plan Review and/or Development Agreement. It should be noted that a majority of the cities that allow electronic message signs are located near freeways or have several major arterial highways. Since the City of La Habra is not located near any freeways and since 1989, the City has not entertained any proposals for the installation of electronic message signs, the proposed Sign Code will align with past practices and prohibit the use of electronic message signs Citywide in an effort to maintain the City's bedroom community character. It should be noted that the City's Sign Code does not apply to school districts including local elementary, middle and high schools, some of which are improved with electronic message signs.
The draft Sign Code and the presentations utilized for the luncheon and workshop were posted on the Planning Division's webpage on July 13, 2023. On July 17, 2023, all the sign code workshop attendees including the Chamber of Commerce were notified by email of the availability to view the draft Sign Code which included a link to the documents. Since that time, staff has not received any other questions or comments regarding the sign code update.

CONCLUSION
The proposed sign code and related amendments to the LHMC are consistent with Goal CI 3 of the La Habra General Plan: Attractive Signage. A city characterized by its well-designed, high quality, and distinctive public and private signage that contributes to La Habra's appearance as an attractive place to live, work and trade; as well as Policy C1 3.3: Private Signage. Require that signage on private buildings be designed to exhibit a high quality of interest and visual appeal; be integrated into and reflect the building's architectural design character; and sized to not overwhelm its scale and mass; and Policy SM 1.5 Signage. Support building and site signs that are appropriate to the use and location and are not visually intrusive. In addition, it implements that City Councils Fiscal Year 2023/24 Objective L: Update the City's sign ordinance to be consistent with state and federal laws, with an emphasis on ease of implementation and flexibility of application, which maintaining community aesthetic standards; and Objective O: Review the Zoning Code on an on-going basis and process amendments that ensure compliance with recent State legislation, streamline project processing, remove unnecessary regulations, and/or make the Zoning Code easier to implement. Therefore, as the proposed ordinance would implement these goals, policies and objectives, staff recommends that the Planning Commission approve a resolution recommending that the City Council adopt an ordinance approving Zone Change 22-03.

The proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no disturbance of soil will occur, this project is exempted by the Water Quality Ordinance from the preparation of a WQMP.