23.04.495 - Billboard height alteration agreements.
A. Notwithstanding the foregoing provisions of this part, nothing in this part shall prohibit the city, a billboard owner, and the owner of the real property upon which the billboard is located from all entering into a contractual arrangement to allow for an alteration in the height of an existing, legal nonconforming billboard in exchange for the removal of other legal nonconforming billboards in the city when the contract meets all of the following minimum criteria:
1. The contract does not permit nor allow for the erection, defined in Section 23.02.160, of any new billboard nor increase the number of billboard panels located in the city; and
2. Fulfillment of the contractual obligations shall result in a net reduction of the number of billboards located in the city that are not otherwise already scheduled for removal by the real property owner or billboard owner or through final order of condemnation other order of a court of competent jurisdiction; and
3. The contract provides for the removal of any and all billboards to be removed under the contract prior to or concurrently with effecting any change in the height of the existing legal nonconforming billboard; and
4. The contract does not allow the height of any billboard, or any of its appendages, to exceed fifty feet, measured from the natural grade of the site; and
5. The contract contains language satisfactory to the city attorney under which the billboard owner and/or real property owner agree to release and indemnify the city from any and all potential liability and damages resulting from work performed and services rendered under the contract and language satisfactory to the risk manager under which the billboard owner and/or real property owner agree to acquire and maintain appropriate insurance policies related to the work to be performed and services provided under the contract.
B. The city council shall not approve a proposed contract unless the city council makes all of the following findings regarding the contract:
1. The proposed contract meets all of the criteria set forth in subsection A.; and
2. The contractual provisions are consistent with the city's general plan and the purposes of this part and this title; and
3. Fulfillment of the provisions of the contract would result in an overall reduction of visual clutter and visual blight in the city; and
4. Fulfillment of the provisions of the contract will preserve or further the public health, safety or welfare.
C. Any alteration to the height of an existing billboard shall be processed and permitted only through a sign adjustment permit issued in accordance with the provisions of this title, including without limitation the provisions regarding the alteration of a legal nonconforming sign set forth in Part 3 and Part 4 of Chapter 23.02; provided, however, that the director may issue a sign adjustment permit only after making the findings required by Section 23.02.1340 and also finding that the sign adjustment permit application is consistent with the applicable billboard height alteration contract approved by the city council.
D. The resulting billboard shall remain a legal nonconforming billboard for so long as the erection and maintenance of the resulting billboard is in full compliance with the terms and conditions of the contract and sign adjustment permit issued therefor.
E. Any billboard removed pursuant to the provisions of this section shall be processed and permitted only through an adjustment permit issued in accordance with the provisions of Section 20.100.500.
F. The city council may approve such a contract and the director may issue the required permit(s), all in accordance with its normal and existing practices, policies and procedures. Under no circumstance shall any person have the right to have a contract executed to allow for an alteration in the height of an existing legal nonconforming billboard in exchange for the removal of other billboards in the city under the provisions of this section. Nothing contained in this section shall, in any event or under any circumstances, be deemed or construed to confer upon any person the right to have such a contract executed by the city.
G. Notwithstanding the provisions of Section 23.02.870, the director of planning, building and code enforcement, or other person designated by the city manager, shall administer the provisions of this section and, for each proposed contract, provide a report to the city council on the criteria set forth in subsection A. above and on the facts and analyses pertaining to the findings required under subsection B. above, as well as a recommendation to the city council on each proposed contract.
H. The billboard owner or real property owner shall pay to the city the applicable fees to administer and process the provisions of this section. The fees required to be paid under this section shall be as set forth in the schedule of fees established by resolution of the city council. Such fees shall be charged to cover the cost of preparing maps, publishing and distributing of notices, performing environmental review, and other administrative expenses necessarily incurred to administer the provisions of this section. No part of such fees shall be returned because of the disapproval or denial of any contract or permit.
(Ord. 26393.)
