Westminster City Council
SUBJECT
Title
First Reading of Billboard Amortization 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: Ryan Salz, Senior Management Analyst
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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. 2024-0210) AMENDING SECTION 17.330.060. A., NONCONFORMING SIGNS, AND ADDING A NEW SECTION 17.33.061 TO CHAPTER 17.330, SIGNS, OF THE WESTMINSTER MUNICIPAL CODE REGARDING THE AMORTIZATION OF EXISTING NONCONFORMING BILLBOARDS ON CITY STREETS (BILLBOARD AMORTIZATION ORDINANCE),” read by title only and waive further reading.
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BACKGROUND
On June 8, 2022, the Mayor and City Council considered the item, “Strategic Plan Goal #1- Achieve Financial Stability. Strategic Plan Objective: Develop at least three creative ways to generate additional revenue to achieve financial stability and present results to the City Council.” One of the creative ideas to generate additional fiscal revenue for the City was the implementation of digital billboards along the SR-22 and I-405 freeways. Following the affirmative direction from Council, staff began to explore opportunities for digital billboards along the freeway corridors. The main outcome of this effort was the creation and release of a Request for Proposals (“RFP”) “For the Use of City-Owned Real Property to Develop, Construct, Operate, and Maintain Electronic Billboards.” The RFP resulted in the selection of a qualified billboard operator to develop electronic billboards at two City-owned sites.
An alternative research effort ensued during the exploration of site opportunities for City-owned billboards. Although it was understood that there were many billboards located around the City, staff did not have a comprehensive inventory of the billboards and their locations. To rectify this, staff performed a manual count by driving the City’s streets and freeway corridors, followed by extensive research of entitlement and permit documentation available for each location. A total of 28 billboards were counted within the City’s boundaries. However, only 10 billboards were confirmed to have Conditional Use Permits (“CUPs”), most of which are directly adjacent to the freeway. Based on the sparse records found, many of the billboards along City streets only have Building Permit records, if any. Some of the Building Permits dated back to the 1960s.
Once a reliable inventory and map was established, it became clear that many of the billboards are located in areas that would likely not be considered as viable for billboard development today. This finding, along with the lack of entitlement records found by the City, triggered the drafting of the proposed Zoning Text Amendment which is referred to as the “Billboard Amortization Ordinance” (Attachment 1).
The proposed Zoning Text Amendment to Chapter 17.330 (Signs) of the Westminster Municipal Code (“WMC”) introduces Section 17.330.061, which establishes a clear and structured process for the removal and amortization of nonconforming billboards throughout the City. This ordinance specifically focuses on existing billboards with static displays oriented towards motorists on City streets. The proposed amendments would target legal nonconforming billboards that have remained in place well beyond the amortization period originally set by City Council Ordinance No. 2456 in 2010 (Attachment 2). The Billboard Amortization Ordinance also addresses past inconsistencies in the enforcement of Ordinance No. 2456, which led to the nonconforming billboards remaining on City streets. The proposed ordinance reaffirms the City’s commitment to removing these billboards within a fair and reasonable timeframe. If the Billboard Amortization Ordinance is ultimately adopted by the City Council, the Community Development Department will contact each affected billboard operator and notify them of the deadline for removal. However, no formal notification from the City is expressly required in the ordinance.
The primary objective of the Billboard Amortization Ordinance is to eliminate billboards that no longer align with the City's current vision and aesthetic standards. By setting a definitive removal deadline of July 15, 2030, the amendment ensures that all remaining nonconforming billboards will be phased out in a timely manner. Also, this ordinance is designed to adhere to Sections 5412 through 5412.4 of the California Business and Professions Code, which mandates just compensation for the removal of billboards. The proposed 20-year cumulative amortization period is considered a fair compensation period, balancing the rights of billboard owners with the City’s goals of urban improvement.
Adoption of the Billboard Amortization Ordinance would support the City’s broader goals of enhancing visual appeal and reducing blight. Eliminating outdated and nonconforming billboards will lead to cleaner, more attractive streetscapes, positively impacting the quality of life for both residents and visitors. As these billboards are removed over time, the visual character of Westminster will be significantly enhanced, creating an environment that better reflects community values and aligns with the City’s development goals. This proactive approach to reducing blight and improving public spaces reinforces the City’s commitment to preserving and enhancing the visual quality of the city and promoting a cohesive community identity.
Upon consideration of the Planning Commission Staff Report and associated attachments presented on September 18, 2024 (Attachment 3), the Planning Commission, with a 5-0 vote, recommended that the City Council approve the draft Billboard Amortization Ordinance. No modifications to the ordinance were proposed by the Planning Commission.
FISCAL IMPACT
The amortized billboards would no longer pay a business license tax to the City if they are removed in 2030. This will result in a decrease in fiscal revenue equaling approximately $500 per billboard face per year.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The proposed Billboard Amortization Ordinance offers a balanced and strategic method to address nonconforming billboards throughout the City. The ordinance maintains consistency with the City’s regulatory framework, enhances community aesthetics, and provides a clear timeline for compliance.
ATTACHMENTS
1. Draft City Council Ordinance adopting Zoning Text Amendment (Case No. 2024-0210)
2. City Council Ordinance No. 2456
3. Planning Commission September 18, 2024 Staff Report and Attachments
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager