April 19, 2022, Item 8DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 19, 2022 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney [email protected] City of Poway CITY COUNCIL Ordinance to Amend Poway Municipal Code Chapter 17.40 (Comprehensive Sign Regulations) The City does not allow temporary signs for elections and other noncommercial messages to be placed in the public right-of-way, or on any other public property. (See, PMC 17.40.090(D).) In the recent past, political candidates and other groups have intentionally placed signs in these areas, despite being previously notified that signs are not permitted in the public right-of-way. The proposed Ordinance (Attachment A) would amend the Poway Municipal Code ("PMC") to establish consequences for a first violation followed by progressively more severe consequences for repeat offenders who intentionally place signs In areas not permitted by the PMC. Recommended Action: It is recommended that the City Council Introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for May 3, 2022. Discussion: The City has long prohibited signs for elections and other noncommercial messages from being placed in the public right-of-way and other public property, which is important to preserve aesthetics throughout the City, particularly during election season. The difference is clear when driving through the City in the months prior to an election when compared to neighboring jurisdictions. Currently, if a temporary sign for an election or with another noncommercial message is placed on any public property, it is removed as staff becomes aware of it and has the opportunity to visit the site to remove It. The City provides notice to the owner or candidate, when contact information is included on the sign, who may retrieve the sign immediately. For any subsequent violations, the City is permitted to hold the sign for 15 calendar days before it is returned. The proposed Ordinance would amend PMC section 17.040.090(D)(7) so that for a first violation, the 1 of S
City shall hold signs for 5 calendar days, for the a second violation, the City shall hold signs for 30 calendar days, and for a third violation, 90 calendar days. Third time violators must also reimburse the City for the actual costs incurred through removing and holding the signs.
It is intended that by implementing stricter consequences for violations, there will be fewer violations, which in turn will allow the City's Code Compliance staff more time to focus on other code compliance matters.
Environmental Review:
This item is not a "Project" pursuant to the California Environmental Quality Act ("CEQA") and is therefore not subject to CEQA review.
Fiscal Impact:
Implementation of the amended ordinance is anticipated to be cost neutral. As mentioned above, third violations will require the individual to reimburse the City for the costs of staff removing and storing the signs for 90 calendar days.
Public Notification:
None.
Atta ch men ts:
A. Ordinance
Reviewed/ Approved By:
Wendyerman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney City Manager
April 19, 2022, Item 8
April 19, 2022, Item 8ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 17.40 (COMPREHENSIVE SIGN REGULATIONS) OF THE POWAY MUNICIPAL CODE WHEREAS, City staff and the City Attori,ey's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, this Ordinance proposes to update and amended a chapter of the PMC: and WHEREAS, City staff encountered practical problems enforcing its regulations concerning temporary signs regarding elections and noncommercial messages, and accordingly, has recommended revisions to section 17.40.090(0)(7) of Chapter 17.40 (Comprehensive Sign Regulations). NOW, THEREFORE, THE CITY OOUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Chapter 17.40 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Section 17.40.090(D) of Chapter 17.40 (Comprehensive Sign Regulations) is hereby amended to read as follows: 3 of s D. Temporary signs for elections and other noncommercial messages are not permitted within the public right-of-way (except as otherwise provided in this chapter), on public property, or upon any public building or other publicly owned facility, including fences/walls, utilities and landscaping. Notwithstanding the foregoing, in areas of the City zoned RR-A through RR-C and RS-1 through RS-7, such signs are permitted within privately maintained improvements that are located within the public right-of-way. Such signs are permitted on private property subject to the following: 1. Such signs shall not exceed six square feet in total area for one side; double-faced signs shall not exceed six square feet per side. 2. Such signs shall not exceed an overall height of four feet. The height shall be measured from the finished grade immediately around the sign. 3. No such signs shall be lighted either directly or indirectly unless said sign is erected, painted or constructed on an authorized structure already providing illumination. 4. The number of such signs is not limited. 5. Such signs may carry any noncommercial message, including, but not limited to, political messages. ATTACHMENT A
April 19, 2022, Item 86. Such signs shall not be placed on private property without the permission of the property owner or its authorized representative. 7. No such signs shall be posted in violation of any provision of this chapter. The Director of Development Services or a designated representative shall have the right to remove any sign placed in the right of way or on public property, contrary to any provision of this section. Removed signs shall be stored by the City. Notice of removal shall be promptly provided as soon as reasonably possible to the owner of such sign, or the apparent owner or candidate. If it is the first violation, the City shall temporarily hold any such signs for 5 calendar days before they can be recovered. such poroon shall ha•10 tho ,ight to reco•.'or tho sign forthwitt:i, without charge. However, for any subsequent violations, U:ie Gity sl:lall temi:>orarily hGle any such signs for 15 calendar days before they am returned. All signs removed l:ly the City may ee destroyed 30 calendar days following rerno¥al. For a second violation, the City shall temporarily hold any such signs for 30 calendar days before they can be recovered. For a third violation, the City shall temporarily hold any such signs for 90 calendar days before they can be recovered and owner shall reimburse the City for any actual costs incurred through confiscation and holding of such signs. All signs removed by the City may be destroyed 15 calendar days following the day they are eligible for recovery. SECTION 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. The remainder of this page is intentionally left blank. 4of s
April 19, 2022, Item 8CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of April 2022, and thereafter. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of May, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus1 Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5