HomeMy WebLinkAbout7/11/2012 - STAFF REPORTS - 3.B. i
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Definitions.
"Digital display sign" means an outdoor advertising display using Light Emitting Diodes
(L.E.D.) or similar technology to display static images controlled by electronic
communications.
Lighting and Illumination of Displays. An outdoor advertising display may be illuminated
unless otherwise specified, provided that the displays are so constructed that no source
or illumination is visible beyond the display face. Displays making use of lights to
convey the effect of movement or flashing, intermittent or variable intensity shall not be
permitted.
Digital Displays Signs Conditionally Allowed. Digital display signs are permitted solely
at the discretion of the Tribal Council based on traffic, safety and aesthetic concerns,
provided they meet all provisions of this Ordinance. ; message iiust be
static and depicted for a minimum d'rtion of"six -z onds. Transit o between
messages shall be no longer than two (2) seconds. Brightness of the display must
adjust automatically so that the images are not unreasonably bright during periods of
reduced ambient light levels. Lighting levels shall not be more than 0.3 foot candles C
over ambient light levels as measured using a foot candle meter at the following preset
distances: 200' for 10'6"x36' displays and 250' for 14'x48' displays. Animated images,
images that give the appearance of movement, or changes in illumination intensity
during the static display period are prohibited. The minimum distance shall be one
thousand (1,000) feet measured between Digital Display Signs on the same side of the
street.
w
= Federal recommended guidelines for effective control of digital displays
under the Highway Beautification Act. FHWA Memorandum dated 9/25/07.
BLUE = Outdoor Advertising Association of America Digital Billboards Brightness
Recommendations and Measurement Techniques. Criteria follows the _
lighting standards established by the Illuminating Engineering Society of
North America. -
YELLOW = State regulations under the Outdoor Advertising Act governing digital
displays.
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Memorandum
U.5.Deeparartment
d�nWor ,
Federal Highway
Administration
Subject: INFORMATION: Guidance on Date: September 25, 2007
Off-Premise Changeable Message Signs
Original signed by: In Reply Refer To:
From: Gloria M. Shepherd HEPR-20
Associate Administrator for
Planning,Environment, and Realty
To: Division Administrators
Attn: Division Realty Professionals
Puruose
The purpose of this memorandum is to provide guidance to Division offices concerning off-
premises changeable message signs adjacent to routes subject to requirements for effective
control under the Highway Beautification Act(HBA) codified at 23 U.S.C. 131. It clarifies
the application of the Federal Highway Administration(FHWA)July 17, 1996 memorandum
on this subject. This office may provide further guidance in the future as a result of
additional information received through safety research, stakeholder input, and other sources.
Pursuant to 23 CFR 750.705, a State DOT is required to obtain FHWA Division approval of
any changes to its laws, regulations, and procedures to implement the requirements of its
outdoor advertising control program. A State DOT should request and Division offices
should provide a determination as to whether the State should allow off-premises changeable
electronic variable message signs(CEVMS)adjacent to controlled routes, as required by our
delegation of responsibilities under 23 CFR 750.7050). Those Divisions that already have
formally approved CEVMS use on HBA controlled routes, as well as those that have not yet
issued a decision,should re-evaluate their position in light of the following considerations.
The decision of the Division should be based upon a review and approval of a State's
affirmation and policy that: (1) is consistent with the existing Federal/State Agreement(FSA)
for the particular State, and (2)includes but is not limited to consideration of requirements
associated with the duration of message, transition time,brightness, spacing, and location,
submitted for FHWA approval, that evidence reasonable and safe standards to regulate such
signs are in place for the protection of the motoring public. Proposed laws,regulations,
and procedures that would allow permitting CEVMS subject to acceptable criteria(as
described below)do not violate a prohibition against"intermittent" or"bashing" or
"moving"lights as those terms are used in the various FSAs that have been entered into
during the 1960s and 1970s.
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This Guidance is applicable to conforming signs, as applying updated technology to
nonconforming signs would be considered a substantial change and inconsistent with the
requirements of 23 CFR 750.707(d)(5). As noted below, all of the requirements in the HBA
and its implementing regulations, and the specific provisions of the FSAs,continue to apply.
Background
The HBA requires States to maintain effective control of outdoor advertising adjacent to
certain controlled routes. The reasonable, orderly and effective display of outdoor
advertising is permitted in zoned or unzoned commercial or industrial areas. Signs displays
and devices whose size fighting and spacing are consistent with customary use determined
by asueement between the several States and the Secretary. may be erected and maintained in
these areas(23 U.S.C. § 131(d)). Most of these agreements between the States and the
Secretary that determined the size, lighting and spacing of conforming signs were signed in
the late 1960's and the early 1970's.
On July 17, 1996,this Office issued a Memorandum to Regional Administrators to provide
guidance on off-premise changeable message signs and confirmed that FHWA has"always
applied the Federal law 23 U.S.C. 131 as it is interpreted and implemented under the Federal
regulations and individual Federal/State agreements.". It was expressly noted that"in the
twenty-odd years since the agreements have been signed, there have been many
technological changes in signs, including changes that were unforeseen at the time the
agreements were executed. While most of the agreements have not changed,the changes in
technology require the State and FHWA to interpret the agreements with those changes in
mind". The 1996 Memorandum primarily addressed tri-vision signs,which were the leading
technology at the time, but it specifically noted that changeable message signs`regardless of
the type of technology used" are permitted if the interpretation of the FSA allowed them.
Further advances in technology and affordability of LED and other complex electronic
message signs, unanticipated at the time the FSAs were entered into, require the FHWA to
confirm and expand on the principles set forth in the 1996 Memorandum.
The policy espoused in the 1996 Memorandum was premised upon the concept that
changeable messages that were fixed for a reasonable time period do not constitute a moving
sign. If the State set a reasonable time period, the agreed-upon prohibition against moving
signs is not violated. Electronic signs that have stationary messages for a reasonably fixed
time merit the same considerations.
Discussion
Changeable message signs, including Digital/LED Display CEVMS, are acceptable for
conforming off-premise signs, if found to be consistent with the FSA and with acceptable
and approved State regulations, policies and procedures.
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This Guidance does not prohibit States from adopting more restrictive requirements for
permitting CEVMS to the extent those requirements are not inconsistent with the BBA,
Federal regulations, and existing FSAs. Similarly,Divisions are not required to concur with
State proposed regulations,policies, and procedures if the Division review determines, based
upon all relevant information,that the proposed regulations, policies and procedures are not
consistent with the FSA or do not include adequate standards to address the safety of the
motoring public. If the Division Office has any question that the FSA is being fully
complied with, this should be discussed with the State and a process to change the FSA may
be considered and completed before such CEVMS may be allowed on BBA controlled
routes. The Office of Real Estate Services is available to discuss this process with the
Division, if requested.
If the Division accepts the State's assertions that their FSA permits CEVMS, in reviewing
State-proposed regulations, policy and procedures for acceptability, Divisions should
consider all relevant information, including but not limited to duration of message,transition
time, brightness, spacing, and location, to ensure that they are consistent with their FSA and
that there are adequate standards to address safety for the motoring public. Divisions should
also confirm that the State provided for appropriate public input, consistent with applicable
State law and requirements, in its interpretation of the terms of their FSA as allowing
CEVMS in accordance with their proposed regulations, policies, and procedures.
Based upon contacts with all Divisions,we have identified certain ranges of acceptability that
have been adopted in those States that do allow CEVMS that will be useful in reviewing
State proposals on this topic. Available information indicates that State regulations, policy
and procedures that have been approved by Divisions to date, contain some or all of the
following standards:
• Duration ofMessaee
o Duration of each display is generally between 4 and 10 seconds—8 seconds is
recommended_
• Transition Time
o Transition between messages is generally between 1 and 4 seconds— 1-2
seconds is recommended.
• Brightness
o Adjust brightness in response to changes in light levels so that the signs are
not unreasonably bright for the safety of the motoring public.
• Spacing
o Spacing between such signs not less than minimum spacing requirements for
signs under the FSA, or greater if determined appropriate to ensure the safety
of the motoring public.
• Locations
o Locations where allowed for signs under the FSA except such locations where
determined inappropriate to ensure safety of the motoring public.
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Other standards that States have found helpful to ensure driver safety include a default designed
to freeze a display in one still position if a malfunction occurs; a process for modifying displays
and lighting levels where directed by the State DOT to assure safety of the motoring public; and
requirements that a display contain static messages without movement such as animation,
flashing, scrolling intermittent or full-motion video.
Conclusion
This Memorandum is intended to provide information to assist the Divisions in evaluating
proposals and to achieve national consistency given the variations in FSAs, State law, and State
regulations,policies and procedures. It is not intended to amend applicable legal requirements.
Divisions are strongly encouraged to work with their State in its review of their existing FSAs
and, if appropriate, assist in pursuing amendments to address proposed changes relating to
CEVMS or other matters. In this regard, our Office is currently reviewing the process for
amending FSAs, as established in 1980, to determine appropriate revisions to streamline
requirements while continuing to ensure there is adequate opportunity for public involvement.
For further information, please contact your Office of Real Estate Point of Contact or Catherine
O'Hara(Catherine.O'Hara@dot.govl.
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cq<1Foflt % CITY COUNCIL STAFF REPORT
DATE: July 11, 2012 LEGISLATIVE
SUBJECT: Case No. 5.1272 — ZONE TEXT AMENDMENT RELATED TO OFF-SITE
ADVERTISING DISPLAYS (BILLBOARDS)
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
On May 16, 2012, the City Council conducted a public hearing and directed staff to
prepare an ordinance regarding off-site advertising displays (billboards). A draft
ordinance to allow such signs, in accordance with the Council's directions has been
prepared for introduction.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. INTRODUCE ON FIRST READING ORDINANCE NO. _, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
93.20.00 OF THE PALM SPRINGS ZONING CODE RELATING TO OFF-SITE
ADVERTISING DISPLAYS (BILLBOARDS)."
ENVIRONMENTAL DETERMINATION
Staff has evaluated the potential environmental impacts of the proposed Zoning
Ordinance text amendment and determined that it is Categorically Exempt under
Section 15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the
Implementation of the California Environmental Quality Act. The proposed amendment
to allow off-site advertising displays (billboards) does not result in any changes in land
use or density.
REM NO.
City Council Staff Report July 11, 2012
Case No. 5.1272—Zone Text Amendment—Off-site Advertising Display(Billboards) Page 2 of 2
FISCAL IMPACT:
None.
2 .
ing, AICP ir. of Ping Svcs Tom A. Ilson, A s. City Manager,
Dev't Svcs
t
David H. Ready, City Man
Attachments:
1. Draft Ordinance — Zone Text Amendment — Off-site advertising displays
(billboards)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 93.20.00 OF THE PALM
SPRINGS ZONING CODE RELATING TO BILLBOARDS AND
OTHER OFF-SITE ADVERTISING SIGNS
City Attorney's Summary
The current provisions of the Zoning Code prohibit new off-site
advertising signs. This ordinance would allow the replacement
of existing billboards along the Interstate 10 corridor with new
digital billboards subject to certain criteria.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. Section 93.20.04(3) of the Palm Springs Zoning Code is amended to read:
3. Billboards and Other Off-site Advertising Signs
Any sign which advertises a use not being made on the premises, the
name of the owner or user, or which identifies a product, an interest,
service or entertainment not available on the premises shall be prohibited
unless otherwise authorized in conjunction with a public transportation
facility.
This prohibition shall not include the replacement of existing billboards on
the Interstate 10 corridor with digital type billboards, subject to the
following:
1. The replacement sign shall not exceed the area and height of
the existing sign,
2. The replacement sign shall have the same general orientation
and number of faces as the existing sign, and
3. Digital messages shall not change or cycle more frequently than
30 seconds.
Section 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED this day of 2011.
MAYOR
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ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
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