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Ordinance No. 237 ORDINANCE NO. 237 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING APPENDIX D, CHAPTER 7 OF THE CHINO HILLS MUNICIPAL CODE PERTAINING TO PROHIBITED SIGNS AND ADDITIONAL SIGNS. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: This ordinance is adopted pursuant to Government Code section 36937 and other applicable laws. SECTION 2: Findings: The Chino Hills City Council finds, determines and declares as follows: A. The economy of Chino Hills continues to suffer from reductions associated with the national economic problems, especially retail and other businesses which pay local sales taxes. B. The structure of local government revenue in California makes the City particularly dependent upon local sales tax and other taxes for its continued operation, and its various programs and departments which provide ongoing protection of the public health, safety and welfare. C. Based on the foregoing, the City finds that there is a current and immediate threat to the public health, safety, or welfare and that this Ordinance is necessary in order to protect the City from the potential effects and impacts of economic decline, potential reductions in business and sales taxes, and other similar or related effects on property values and the quality of life in the City's neighborhoods. D. The City Council further finds that this ordinance is a matter of local and City-wide importance and is not directed towards any particular business that currently seeks to place banner signs. E. The City Council has carefully considered the Ordinance and finds that this Ordinance is authorized by the City's police powers, that it complies with the requirements of applicable federal and state law, that it provides an acceptable program for economic assistance to businesses within the City of Chino Hills, and that it provides for the protection of the health, safety, and general welfare of its citizens. SECTION 3: Chapter 7, Section 87.0710(f) of Appendix D of the Chino Hills Municipal Code is amended in its entirety to read as follows: flags except the following: Not more than three (3) flags or two "(f) Banners and g p g 9 (2) banners of non-profit, religious, charitable or fraternal organizations; or when used 1 of 4 for temporary advertising of business openings, special events, and promotional events. Such banners and flags shall not exceed fifteen (15) feet in length nor three (3) feet in width. Banners and flags may be displayed on roof, wall, or fence areas only of leased/owned space. The total number of banners or flags per occupant shall not exceed one (1) per street frontage. All banners and flags displayed under this section shall be subject to approval of a Temporary Use/Special Event Permit. The maximum time period for display of an approved business opening or special event banner or flag shall be one hundred and twenty (120) days. The maximum time period for display of an approved promotional event banner shall be sixty (60) days within a ninety (90) day period for a total of four (4) events per year." SECTION 4: Chapter 7, Section 87.0715(e) of Appendix D of the Chino Hills Municipal Code shall be added to read as follows: "(e) Not withstanding Section 87.0710(b), movable or portable A-frame and H- frame signs placed on commercial, business park, and light industrial zoned parcels, provided that such signs do not exceed six (6) square feet in area per side or face. No movable or portable A-frame and H-frame sign shall exceed a maximum of two (2) sides or faces and shall not exceed four (4) feet in height. One (1) such sign shall be allowed per tenant or business, and placed at the main entrance of that tenant or business. The sign shall not be visible from the public rights-of-way and shall not impede pedestrian or vehicular travel or pathways. The sign shall not be used to advertise uses, products, services, or other items which are not provided by the business or tenant placing the sign. All movable or portable A-frame and H-frame signs displayed under this section shall be subject to approval of a Temporary Use/Special Event Permit. The maximum time period for display of an approved movable or portable A-frame and H-frame sign shall be sixty (60) days within a ninety (90) day period for a total of four (4) A-frame or H-frame signs per year." SECTION 5: This Ordinance will become effective on May 11, 2010, pursuant to Government Code § 36937(b), for the immediate preservation of the public peace, health, and safety. Pursuant to that statute, this Ordinance is adopted by a four-fifths vote. SECTION 6: This ordinance shall remain in effect only until May 11, 2011, and as of that date is repealed, unless a later enacted ordinance, that is effective before May 11, 2011, deletes or extends that date. If this ordinance is repealed, Chapter 7, Section 87.0710(f) and Section 87.0715(e) of Appendix D of the Chino Hills Municipal Code shall then revert to the form it held prior to its amendment by this ordinance. SECTION 7: Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 8: If any section, subsection, subdivision, 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 hereby declares that it 2 of 4 would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 9: The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. PASSED, APPROVED AND ADOPTED this 11th day of May, 2010. W. C. "BILL" KRUGER>K1AYOR ATTEST: 1 ' ' /i d / •/�/ /C, t.'. i / MARY M. c UFFEE, CITY CLE :/ APPROVED AS TO FORM: g —y.'. MARK D. HENSLEY, CITY ATTORNEY II 3 of 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Urgency Ordinance No. 237 was duly introduced and adopted at a regular meeting of the City Council held on the 11th day of May, 2010 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: KRUGER, GRAHAM, NORTON-PERRY, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BENNETT i,G///l/G��G� /G�� MARY MDUFFEE, CITY CLC (SEAL) JJ I hereby certify that the foregoing is the original of Urgency Ordinance No. 237 duly passed and adopted by the Chino Hills City Council at their regular meeting held on May 11, 2010, and that a Summary of the Ordinance was published on May 15, 2010, in the Chino Hills Champion Newspaper. ifig4Zin/liggAdlicz— MARY . IDUFFEE, CITY C (SEAL) / 4 of 4