DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway May 3, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or [email protected] CITY COUNCIL Second Reading and Adoption of Ordinance No. 856 entitled "An Ordinance of the City Council of the City Of Poway, California, Amending Chapter 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code." The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on April 19, 2022. There were five speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Recommended Action: LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE NONE NONE NONE It is recommended that the City Council adopt Ordinance No. 856. 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. Third violations will require the individual to reimburse the City for the costs of staff removing and storing the signs for 90 calendar days. 1 of 4 May 3, 2022, Item #8
Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, April 28, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 856 Reviewed/ Approved By: Assistant City Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney City Manager May 3, 2022, Item #8
ORDINANCE NO. 856 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 Attorney'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 COUNCIL 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(0) of Chapter 17.40 (Comprehensive Sign Regulations) is hereby amended to read as follows: 3 of 5 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. May 3, 2022, Item #8ATTACHMENT A
6. 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 person shall have the right to recover the sign forth1.vith, without charge. However, for any subsequent violations, the City shall temporarily hold any such signs for 15 calendar days before they are returned. All signs removed by the City may be destroyed 30 calendar days folloi.e1ing removal. 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. CERTIFICATION/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 Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 4of4 May 3, 2022, Item #8