That the Planning Commission approve:

1. Draft Ordinance would continue to prohibit Animated, Digital Display, and Electronic Message Signs (Attachment 2)
2. Draft Ordinance would allow Animated, Digital Display, and Electronic Message Signs, subject to the approval of a conditional use permit and certain regulations and limitations (Attachment 3)

At the August 28, 2023, Planning Commission meeting, staff presented Zone Change 22-03 to repeal Chapter 15.40 (Outdoor Advertising Signs and Structures) of Title 15 (Buildings and Construction) and add a new Chapter 18.23 (Sign Standards) to Title 18 (Zoning) of the La Habra Municipal Code (LHMC or "Code"). Additional amendments within Title 18 were also proposed to be consistent with Chapter 18.23. Staff has provided the staff report from the August 28 meeting as Attachment No. 4 to this staff report.

During the public comment portion of the public hearing, two individuals requested to modify the proposed Zone Change to allow electronic message signs rather than prohibit them. In addition, one of the individuals also requested that the Commission consider allowing window signs to encompass up to 50 percent of the area of a window rather than maintaining the maximum window coverage currently permitted, which is 33 percent. The input regarding electronic message signs was consistent with input received at the public workshop held by staff on June 28, 2023.  After hearing the public testimony and further discussion, the Planning Commission generally agreed that they needed further information to help them determine whether these type of signs should be permitted in La Habra. As a result, the Planning Commission voted 5-0 to continue Zone Change 22-03 to a date uncertain to provide staff additional time to further research, and potentially modify, the draft ordinance. The Planning Commission did not recommend any changes to the requirements for window signs or any other portion of the Zone Change. Staff has provided the minutes from this Planning Commission meeting as Attachment No. 5 to this staff report.  

The LHMC does not currently include a definition for Electronic Message Signs, which are also referred to as Digital Display Signs. The closest definition would be for "Animated Signs," which are defined in LHMC Chapter 15.40 (Outdoor Advertising Signs and Structures) as "any sign with action or motion, flashing or color changes requiring electrical energy."  The full text of LHMC Chapter 15.40 (Outdoor Advertising Signs and Structures) is included as Attachment 6 to this staff report. Chapter 15.40 provides the following limitations related for Animated Signs:

• Flashing Lights. Flashing lights and flashing arrows are considered to be a distraction to the flow of traffic and therefore constitute a hazard and shall not be attached to any sign or sign structure or to any building wall.
• Glare. It is unlawful for any person to maintain any sign which is wholly or partially illuminated, which creates glare upon the public streets, sidewalks or adjacent residential property.
• Residential Zones. No animated or rotary signs shall be erected or maintained in a residential zone. 
• Non-Residential Zone. Animated signs are not specifically permitted; and are, therefore, prohibited.

As noted above, the LHMC does not specifically address the type of Electronic Message Sign that is installed at Howard's Appliance Store or have been installed by school districts or in surrounding jurisdictions, as shown below:



As described in the August 28, 2023, staff report, the sign at Howard's Appliance Store was approved by a Conditional Use Permit (CUP) and Zone Variance in 1988. Staff is not aware of any subsequent approvals for other electronic message signs.
  The proposed Zone Change does not address electronic billboards. The LHMC defines a billboard as "any sign not advertising the business, industry or pursuit conducted on the premises on which the sign is erected or maintained." As part of staff's research related to electronic message signs, staff found that the jurisdictions that permitted electronic billboards, only permitted them adjacent to freeways. Therefore, since La Habra is not adjacent to a freeway, and given that the construction of billboards has been prohibited in La Habra since 1960, staff does not recommend permitting such signs. An example of an electronic billboard is shown below:



The draft ordinance presented to the Planning Commission on August 28, 2023, was intended to specifically define the many types of signs that the public often considers electronic message signs and provide clear direction that these types of signs are prohibited in both residential and non-residential zones. The draft ordinance includes the following definitions related to electronic message signs:

• “Sign, animated” means any sign which is designed and constructed to give a message or image through a sequence of progressive changes of parts by either action and motion, flashing or color changes requiring electric, wind, or manual energy.
• “Sign, digital display” means display methods utilizing light emitting diode (LED), liquid crystal display (LCD), plasma, projected images, or any functionally equivalent technology, and which is capable of automated remote or computer control to change the image, either in a “slide show” manner (series of still images), or full motion animation, or any combination of them. Also known as dynamic signs and commercial electronic variable message signs (CEVMS).
• “Sign, electronic message” means a sign whose primary advertising focus is the intermittent display, stream, or movement of electronic, computerized, digital or similarly produced letters, numerals, words, or messages as part of the advertising message. Any sign, or portion of a sign, that uses changing lights to form a sign message or messages in text form where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. An electronic message sign is different from an illuminated or electric sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message.
• “Sign, flashing” means any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity, or which create the illusion of motion in any manner. This type of sign is also referred to as a “running” or “blinking” sign

The Zone Change, presented at the August 28, 2023, Planning Commission meeting, proposed to prohibit the above signs in all zones within the City. Following the meeting, staff surveyed nearby cities below to find out how these municipalities regulate similar signs. The Cities of La Mirada, Orange and Yorba Linda prohibit these types of signs. The remaining six cities surveyed (Anaheim, Brea, Buena Park, Diamond Bar, Fullerton and Whittier) require some type of discretionary approval to permit the signs, and the signs are subject to certain regulations and limitations. The table on the next page summarizes these findings:
  

City	Approval Process	Regulations and Limitations
Anaheim	Minor CUP	Must meet same development standards as wall or freestanding signs Limited to the following uses: Commercial Indoor Recreation; Commercial Outdoor Recreation if the facility is of recognized regional significance; Theaters; Hotels and Motels with a minimum site area of four acres; Educational Institutions - if the facility is the sole user of the site; Automobile dealership, if the automobile dealership is the major tenant of a minimum three acre site; Commercial retail center on a minimum 25-acre site  Community and Religious Assembly - if the facility is the sole user of the site.
Brea	CUP	Only allowed in commercial and industrial zones as part of a comprehensive sign program. The comprehensive sign program must describe the proposed type, number, size, location, design, and colors and materials for each sign within a development project.  The electronic message signs must meet the same development standards as wall or freestanding signs. Differences in those standards will be reviewed on a case by case basis.
Buena Park	CUP	Only allowed in the following zones: Commercial Regional Zone  Entertainment Corridor Specific Plan Zone Auto Center Specific Plan (ACSP) Zone
Diamond Bar	CUP	Only allowed for freeway-oriented signs for commercial development complexes located within the C-3 zone: The commercial development complex must be a minimum size of 4.5 acres Only one sign is permitted for each commercial development complex The sign must identify more than one business within the commercial development complex Maximum height: 65 feet  Maximum sign area of 1,000 square feet The property upon which the sign is located must be a minimum 1,300 feet from any residential property Must be integrated with the design of structures on site in order to achieve a unified architectural statement.
Fullerton	CUP	No additional provisions identified.
Whittier	Sign Plan Review	Limited to the following uses: A facility supporting a public service such as a church or other place of worship; An educational institution (public or private); A hospital;  A center for public gathering, including any facility used for sporting events.

If the Planning Commission chooses to recommend that the City allow animated, digital display, and electronic message signs, staff recommends that these types of signs be subject to the approval a CUP, and only allowed for certain non-residential land uses. Since, as noted in the definition for a flashing sign, flashing signs are considered to be a distraction to the flow of traffic and therefore constitute a hazard, staff recommends that flashing signs continue to be prohibited. 

Based on the results of the survey, if the Planning Comission chooses to recommend that the City Council allow such signs, staff recommends the regulations and limitations shown in the table below. 

Animated, Digital Display, and Electronic Message Signs
Maximum Sign Height/Length and Location Requirements	Maximum Number, Sign Area and Other Requirements
Sign height/length Signs shall meet the same height/ length requirements as all other wall or freestanding signs	Number Signs shall be counted towards the maximum number of wall or freestanding signs There shall be no more than one animated, digital display, or electronic message sign per lot
Letter height Signs shall meet the same letter height requirements as all other wall or freestanding signs	Area Sign area shall be counted towards the maximum sign area permitted for all wall or freestanding signs
Location Signs shall meet the same requirements as all other wall or freestanding signs	Other Sign type shall be limited to wall or freestanding signs Signs shall be limited to the following types of uses, where the use is the sole facility or business located on the lot; or, the use is located within an integrated development on a lot that is over five acres: Theaters, cinemas, and auditoriums Educational Institutions Hospitals/medical centers Churches and other places used for religious worship Sign illumination shall be prohibited between 10:00 p.m. to 5:30 a.m. Sign display shall be limited to static messages or images  Sign display messages or images shall only change once every five seconds Sign display shall be designed to freeze the display in one static position, display a full blank screen or turn off in the event of a malfunction Sign shall include dimmer capabilities, which may be controlled and adjusted, at the request of the Director of Community and Economic Development and/or their designee, to ensure appropriate sign intensity levels.

Staff has prepared two draft ordinances that are exactly the same with the exception of the permitting of Animated, Digital Display, and Electronic Message Signs. The proposed ordinance (Attachment 2) prohibits these types of signs; the revised ordinance (Attachment 3) permits these types of signs, subject to the limitations in the table above. Staff requests that as part of the approval of the draft resolution that the Commission specify which version of the draft ordinance that the Commission would like to recommend to City Council. Following the Planning Commission's action on the subject resolution, the City Council will then consider the proposed ordinance at a noticed public hearing. Once the ordinance has been adopted by City Council, it will become effective 30 days after said adoption.

Costs associated with City-initiated amendments to the LHMC are included as part of the Planning Division's annual budget.

The proposed recommendation achieves the following goal and policies of the La Habra General Plan:

• Goal CI 3 Attractive Signage. A city characterized by its well-designed, high quality, and distinctive public and private signs that contribute to La Habra's appearance as an attractive place to live, work, and trade.
• Policy CI 3.3 Private Signage. Require that signs 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.
• Policy SM 1.5 Signage. Support building and site signs that are appropriate to the use and location and are not visually intrusive.

The proposed ordinance will implement the following FY 2023/24 City Council Goal and Objectives:

• Goal 5 - Development Activity and Business Assistance
  • Objective L: Update the City's sign ordinance to be consistent with applicable state and federal laws, with an emphasis on ease of implementation and flexibility or application, while maintaining community aesthetic standards
  • 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