HomeMy WebLinkAboutOrd 860 ORDINANCE NO. 860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY AMENDING SECTION 9.62.070 OF
THE CITY CODE TO PROHIBIT NEW BILLBOARDS
WHEREAS, it is within a city's zoning powers to regulate billboards, including
prohibitions on billboards; and
WHEREAS, the City Council desires to improve the aesthetics of the City, and the
proliferation of billboards in the City has negatively impacted the City's aesthetics; and
WHEREAS, the adoption of this ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") under CEQA Guidelines 15301, 15303 and 15061(b)(3).
The ordinance prohibits new billboards and allows existing legal nonconforming billboards to
be maintained. The ordinance does not have the potential to cause significant environmental
impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 AMENDMENT OF SECTION 9.62.070 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Paragraph A of Section 9.62.070 of the Cathedral City Municipal Code is amended
in its entirety to read as follows:
"A. Billboard Signs.
1. Billboards Prohibited. No person shall erect or maintain a billboard within the city.
2. Nonconforming Billboards. A legal nonconforming billboard may continue to be
operated and maintained in accordance with Chapter 9.66 of this code. For the purposes of
this paragraph and paragraph A of Section 9.66.030, converting a legal nonconforming
billboard with static copy to a billboard with digital or changeable copy is deemed an increase
in intensity of the nonconforming use and shall not be permitted.
3. Billboards on Tribal Land. Billboards on Tribal land shall conform to Ordinance No.
13, as amended, of the Agua Caliente Band of Cahuilla Indians, entitled "Tribal Ordinance
Controlling Outdoor Advertising Displays."
4. Cannabis Advertising.
a. No person shall allow cannabis or cannabis products to be advertised on any
billboard within one thousand feet of:
i. A day care center, which for the purposes of this section means a child
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day care facility other than a family day care home, and includes infant centers, preschools,
extended day care facilities, and school-age child care centers;
ii. A public or private school providing instruction in any grade from
kindergarten to twelfth grade;
iii. A park;
iv. A youth center, which for the purposes of this section means any public
or private facility that is primarily used to host recreational or social activities for minors,
including, but not limited to, private youth membership organizations or clubs, social service
teenage club facilities, video arcades, or similar amusement park facilities; or
v. The city's public library.
b. No person shall allow cannabis or cannabis products to be advertised on
any billboard that depicts any of the following:
i. A person or character engaged in the act of smoking, vaping or
otherwise ingesting cannabis or cannabis products; or
ii. Cartoon characters or other characters attractive to children."
SECTION 2 SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
SECTION 3 EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and
adoption by the City Council.
SECTION 4 SEVERABILITY
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, then such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Cathedral City hereby declare they
would have adopted this ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
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SECTION 5 PUBLICATION
The City Clerk is authorized and directed to cause this ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and circulated
within the City in accordance with Government Code Section 36933(a) or, to cause this
ordinance to be published in the manner required by law using the alternative summary and
posting procedure authorized under Government Code (c).
INTRODUCED at the regular meeting of Cathedral City Council on the 13th day of
April 2022.
PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City
Council on the 27th day of April 2022.
AYES: Councilmembers Gregory, Ross and Carnevale; Mayor
NOES: gonoeTem Lamb and Mayor Gutierrez
ABSTAIN None
Ernesto M. Gutierrez, Mayor
ATTEST:
Tracey R. ermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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