Westminster City Council
SUBJECT
Title
First Reading of Billboard Ordinance Amending Chapter 17.330 (Signs) of the Westminster Municipal Code.
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publichearing
• Staff Report
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
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From: Adolfo Ozaeta, Assistant City Manager
Requested by: Administration
Prepared by: Stephanie Tomaino, AICP, Contract Principal Planner
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RECOMMENDED ACTION
Recommendation
The Planning Commission and staff recommends that the Mayor and City Council consider and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING TEXT AMENDMENT (CASE NO. 2024-0188) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.330 - SIGNS, RELATED TO ELECTRONIC BILLBOARD FREEWAY SIGNS (BILLBOARD ORDINANCE),” read by title only and waive further reading.
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BACKGROUND
In 2022, the City Council adopted a Strategic Plan outlining core goals for the next three years, along with six-month strategic objectives to guide progress toward those goals. On April 10, 2024, the City Council conducted its most recent strategic planning workshop, which included a review of the progress made on the City’s strategic goals and objectives. One of the City’s key strategic goals is to achieve fiscal stability and a key way in which to encourage economic development is to update approval processes for projects that will directly benefit the City with enhanced revenue. The City can use its land use authority to establish a development environment that provides clarity and certainty to current property owners and future developers. The importance of adapting the City’s regulations to current market demand and standards attracts a greater potential for a diverse array of development opportunities.
Billboards are defined by Section 17.700.010 of the Westminster Municipal Code (“WMC”) as “any sign that identifies or communicates a commercial or noncommercial message referring to an activity, service, commodity, product, person, or event at a location other than where the sign is located.” Current billboard regulations are outlined in WMC Chapter 17.330 - Signs, specifically Section 17.330.050.C. However, the Municipal Code lacks comprehensive development standards and clear application review procedures for billboards, making the permitting process less streamlined. The purpose of this City-initiated effort is to introduce proposed zoning text amendments (referred to as the “Billboard Ordinance”) for consideration that would achieve the following objectives:
• Create uniform development standards for billboards to provide certainty to applicants.
• Update regulations to reflect current market conditions and industry standards.
• Address new technologies in billboards, such as the use of digital and electronic displays.
• Mitigate potential impacts to the public related to lighting, glare, and traffic safety.
• Establish public benefits such as revenue sharing, public service announcements, and promoting local businesses.
Discussions with applicants indicate that the current standards are outdated and do not align with the demands of the current market. Billboard applications require a Conditional Use Permit, which must be approved by the Planning Commission during a noticed public hearing. The existing regulations rely heavily on the Conditional Use Permit process to set parameters for sign area, height, setbacks, and sign face dimensions, which can lead to a highly subjective review. Billboards are allowed on properties zoned for commercial or industrial uses, as well as on vacant land, but without consistent development parameters, the review process can become unpredictable.
Pursuant to Title 17, Land Use, of the WMC (referred to as the “Zoning Code”), billboards are limited to a maximum height of 35 feet. These regulations are primarily designed for street-facing signs and do not adequately address the needs of freeway-oriented billboards. Modern billboard design typically requires heights greater than 35 feet to ensure optimal visibility from the roadway and to increase the number of “impressions” the billboard generates. Impressions are a critical market metric for billboard operators, as a higher number of impressions makes a billboard more appealing to advertisers. Maximizing visibility from the freeway is a key consideration in modern billboard design and has become a significant criterion for developers when selecting billboard locations. Better visibility also benefits traffic safety, as there is more time for a driver to recognize and sign and look at it while maintaining awareness of surrounding traffic conditions. To determine a maximum height, staff reviewed the freeway-adjacent locations suitable for billboard development and evaluated nearby structures that could obstruct visibility. Based on multiple considerations, staff recommends increasing the maximum billboard height to 90 feet.
The existing Zoning Code does not address digital or electronic billboard signs, which need to be appropriately designed to minimize potential impacts to nearby occupants. The proposed ordinance introduces specific requirements for electronic displays to address community and safety concerns. These include operational restrictions such as prohibiting flashing or moving lights, as well as mandating the use of ambient light sensors that automatically adjust the brightness of the billboards based on surrounding light conditions. These measures are designed to ensure that electronic billboards integrate smoothly into their environments and maintain public safety and visual comfort.
The proposed Billboard Ordinance maintains the existing review process. Billboards continue to require a Conditional Use Permit (“CUP”), subject to Planning Commission approval. Additionally, surrounding owners and occupants receive advance notification of the public hearing. The ordinance does not introduce ministerial, over-the-counter approvals for billboards. Instead, it enhances the current regulatory framework by establishing more comprehensive standards concerning the location, development, and design of billboards. These additional standards are designed to reduce the subjectivity and increase the clarity that was previously lacking in the CUP process. By defining clearer criteria, the ordinance supports the City in making more informed, consistent decisions that are in line with the city’s planning objectives.
Given that billboards are not allowed by-right, approving a new billboard constitutes a legislative action of the City Council, or their appointed Planning Commission. As a discretionary legislative action, the City may negotiate consideration in exchange for a developer receiving vested rights for the entitlement. The proposed ordinance requires applicants to enter into an agreement with the City, as a condition of the CUP approval; this approach could provide revenue sharing opportunities for billboards on private property. For example, the City could also negotiate discounted advertising opportunities for local businesses as well as free advertising for City events or notifications. The amount of revenue associated with each billboard would be site-specific and subject to further negotiation.
The Planning Commission considered the proposed Billboard Ordinance twice at their regularly scheduled meetings on August 21, 2024, and September 18, 2024. Based on feedback provided by the Planning Commission on August 21, 2024, staff amended the proposed ordinance to establish a maximum number of billboards citywide. The proposed ordinance introduces specific location restrictions for billboards, limiting them to commercial and industrial properties adjacent to the I-405 and SR-22 freeways and requiring a minimum 200-foot setback from residential units. Upon reviewing properties that meet these criteria, staff estimates that a maximum of 15 billboards could be installed under these conditions. To address the Commission’s concerns about the potential proliferation of billboards, an additional development standard was recommended by staff and recommended by the Planning Commission for inclusion in the ordinance. The proposed standard is as follows:
“Maximum number of billboards citywide. The total number of electronic billboards permitted within the city, inclusive of both private and city-owned properties, shall be limited to ten (10). The City Council may, however, approve additional billboard installations beyond this cap if it determines that the proposed billboard will not create adverse visual impacts on the surrounding area and will not diminish the effectiveness or revenue potential of existing billboards.”
During the September 18, 2024, public hearing, the Planning Commission considered written and oral comments, and facts and evidence presented by staff and other interested parties. The Planning Commission, with a 5-0 vote, recommended that the City Council approve the draft Billboard Ordinance with various revisions throughout the ordinance, impacting a total of 11 sections within the ordinance. Three proposed revisions to the Billboard Ordinance failed to garner a majority vote, and therefore, are not being recommended by the Planning Commission.
Subsequent to the Planning Commission meeting, staff reviewed the recommended revisions and found no conflicts or significant concerns with 10 of the 11 amendments proposed by the Commission. The 11th amendment concerns the minimum public notification radius. For CUP applications, property owners and occupants within a 500-foot radius of the project site are notified. The Planning Commission has recommended increasing this minimum radius to 1,000 feet; however, staff does not support including this revision in the Billboard Ordinance, as it may conflict with other provisions of the Municipal Code and/or State law. After consultation with the City Attorney’s Office, it was advised that modifying the notification radius for a specific type of application could result in inconsistent application of the Zoning Code and unequal treatment of land uses. Staff already has the discretion to expand the notification radius beyond 500 feet for certain projects or circumstances, a practice the City has used in the past to enhance public engagement for projects with significant community impact. Therefore, modifying the notification requirements solely for billboards is unnecessary.
The draft Billboard Ordinance, included as Attachment 1 to this report, incorporates 10 of the revisions recommended by the Planning Commission and represents the combined recommendations of both the Commission and staff. However, the City Council retains the discretion to modify the ordinance with a majority vote. For reference, staff has provided a table in Attachment 2 summarizing the initial staff recommendations alongside the Planning Commission’s suggested changes. This table serves as a guide for the City Council to review the various options should they wish to consider alternative modifications. The Planning Commission staff reports and attachments from the two prior public hearings are provided as Attachments 3 and 4, respectively, for the City Council’s reference.
FISCAL IMPACT
The adoption of the proposed ordinance is expected to have a positive fiscal impact. Any new billboards, subject to Planning Commission approval, would require an agreement between the City Council and the applicant outlining the community benefits of the project. This agreement would include a mitigation fee, payable annually to the City, which would contribute to funding general services on an ongoing basis.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The proposed Billboard Ordinance addresses community needs on multiple fronts, primarily by prioritizing public safety through maintaining appropriate separation distances from residences and enforcing strict operational standards for billboards. Additionally, the ordinance introduces clear development standards, providing greater certainty for future projects and encouraging responsible investment. By establishing these updated standards, the City can pursue new revenue opportunities that enhance economic stability while ensuring community benefits are achieved. Overall, the Billboard Ordinance supports both the protection of residents and the long-term economic vitality of the City.
ATTACHMENTS
1. Draft City Council Ordinance adopting Zoning Text Amendment (Case No. 2024-0188)
2. Summary of Recommendations Table
3. Planning Commission September 18, 2024, Staff Report and Attachments
4. Planning Commission August 21, 2024, Staff Report, Attachments, and Late Communication Memo
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager