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ORDINANCE NO. 2134
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADDING
SECTION 4912.7 TO ARTICLE IV, CHAPTER 9.2 OF
THE ARCADIA MUNICIPAL CODE REGARDING
THE PLACEMENT OF PERMANENT HOMEOWNERS'
ASSOCIATION IDENTIFICA TION SIGNS WITHIN
PUBLIC RIGHTS OF WAY WITHIN THE CITY OF
ARCADIA
WHEREAS, California Government Code section 38774 authorizes the City
of Arcadia to regulate the exhibition or posting of signs or advertisements in or on
the streets or upon any pole in any sidewalk, alley, street, lane, court, park, or other
public place; and
WHEREAS, the City has a substantial interest in maintaining an
aesthetically pleasing environment within the City and reducing visual blight and
clutter; and
WHEREAS, the City also has a substantial and compelling interest in
maintaining traffic safety within the City; and
WHEREAS, the City has determined that the City's interest in maintaining
traffic safety can be directly advanced by the proper identification by drivers, .
including emergency service personnel, of their location within the City; and
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WHEREAS, the City has established a method of fostering community
identity within the City through the establishment and legal recognition of
homeowners' associations in certain land use processes; and
WHEREAS, the City has a compelling interest in fostering community
identity within the City; and
WHEREAS, the City wishes to promote the sense of community within and
among homeowners' associations by permitting the placement of their
identification signs within public rights of way, while at the same time narrowly
tailoring this exception to the general prohibition against the placement of signs
within public rights-of-way in order to preserve the City's substantial goals of
aesthetics and traffic safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.2 of Article IV of the Arcadia Municipal Code is
hereby amended by adding thereto Section 4912.7 to read as follows:
"4912.7 EXCEPTION. HOMEOWNERS' ASSOCIATION
IDENTIFICATION SIGNS.
(a) The prohibition set forth in Section 4912.1 shall not apply to the
placement of a Homeowners' Association Identification Sign by a
Homeowners' Association listed in Section 9272.2.3, provided such
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Homeowners' Association Identification Sign is erected, repaired and
maintained in accordance with a valid permit issued in accordance with
this Section 4912.7.
(1) "Homeowners' Association Identification Sign" shall mean,
for purposes of this Section, any structure, sign, figure, statuary,
painting, display, or other message placard, that has been
designed, constructed, created, intended, and engineered to
have a useful life of 15 years or more, and is intended and used
to provide data or information which identifies the name,
location or logo of a Homeowners' Association listed in Section
9272.2.3.
(2) The Development Services Director or his/her designee
shall issue a sign permit to any Homeowners' Association listed
in Section 9272.2.3, authorizing such Homeowners' Association
to erect a Homeowners' Association Identification Sign within
any public right of way, as that term is defined in subdivision
(f) of Section 7300, upon a showing by the Homeowners'
Association that it has complied with the conditions and
requirements of subdivision (b) hereof and the regulations
contained in Sections 8711.1 to 8717.
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(b) (I) Traffic Safety. The Development Services Director or his/her
designee shall determine that the requirements of paragraphs (2)
and (3) of subdivision (b) of Section 4912.1 have been met
prior to the issuance of any permit for the erection of a
Homeowners' Identification Sign.
(2) Agreement. The Development Services Director or his/her
designee shall require any applicant wishing to erect and
maintain a Homeowners' Association Sign to enter into a
binding agreement between the Homeowners' Association and
the City of Arcadia, ensuring, at a minimum, that the
Homeowners' Association: pay for the installation,
maintenance, and repair of such Homeowners' Association
Sign.
(3) Design Approval. Notwithstanding Section 9295.1,
subdivision (B)(1), the Development Services Director shall not
grant any sign permit for a Homeowners' Association
Identification Sign unless and until the location, size and design
of such Homeowners' Association Identification Sign have been
the subject of Architectural Design Review in accordance with
Division 5 of Part 9 of Chapter 2 of Article IX.
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(4) Applicable Law. The Development Services Director shall
not approve any application for a Homeowners' Association
Identification Sign if the proposed Homeowners' Association
Identification Sign would not be in compliance with any
applicable local, state or federal law."
SECTION 2: The provisions of this Ordinance are hereby expressly made
severable. If any provision(s) of this Ordinance or its application to any person,
material, place or circumstance is held to be invalid, that invalidity shall not affect
other provisions or application of this Ordinance which can be given effect without
the invalid provision or application.
SECTION 3: The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy of the same to be published in the official newspaper of said
City within fifteen (15) days after its adoption. The Ordinance shall take effect
thirty (30) days after its enactment, in accordance with the provisions of California
law.
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Passed, approved and adopted this 20th day of February ,2001.
ATTEST:
\
i--J~
ity Clerk ofth ity of Arcadia
APPROVED AS TO FORM:
~p,~
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2134 was passed and adopted by the City Council of the City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 20th day of February, 2001 and that said Ordinance was
adopted by the following vote, to wit:
AYES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic
NOES: None
ABSENT: None
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