ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: PH2
Prepared by: John Conley, Director Meeting Date: February 8, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Public Hearing SUBJECT: SIGN CODE AMENDMENT FOR RESIDENTIAL AND TEMPORARY ELECTION SIGNS RECOMMENDATION:
1.Open, conduct, and close a public hearing to receive testimony regarding an amendment to Chapter
18.52 of the Development Code related to residential signs and temporary election signs.
2.Introduce and adopt City Council Ordinance No. 2022- , amending Section 18.52.060.A of the Vista Development Code relating to residential and temporary election signs.
CORRELATION TO CITY COUNCIL GOALS: Relates to but does not directly support the following City Council goal: Continue to Improve the Image of the City.
PRIOR ACTION: On February 12, 2019, introduced and adopted City Council Ordinance No. 2019-05, amending Chapter 18.52 of the Vista Development Code related to freeway-oriented pole signs (Vote: 5-0).
On October 24, 2017, introduced and adopted City Council Ordinance No. 2017-17, amending Chapter
18.52 of the Vista Development Code (among other actions), adding properties to Map 4 of the freeway- oriented sign districts (Vote: 5-0).
On August 23, 2016, introduced and adopted City Council Ordinance No. 2016-05, amending Chapter
12.20 of the Vista Municipal Code and Chapter 18.52 of the Vista Development Code regarding signs during election periods (Vote: 5-0).
On May 24, 2011, introduced and adopted City Council Ordinance No. 2011-3, adding Chapter 12.20 of the Municipal Code regarding signs on city property, amending Chapter 18.04 of the Development Code regarding city projects, and amending Chapter 18.52 of the Development Code regarding signs on private property (Vote: 5-0).
PRIOR PLANNING COMMISSION ACTION: On January 18, 2022, adopted Planning Commission Resolution No. 2022-04, recommending City Council approval of ordinances amending section
18.52.060A of the Vista Development Code relating to residential and temporary election signs (Vote 7-0).
STATEMENT ON THE SUBJECT: In the recent past, there has been confusion over how to apply the Vista Development Code’s (VDC) rules regulating the number and size of residential signs and temporary election signs. Currently, VDC Table 18.52.060A allows for:
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/08/2022 PH2 Page 1 of 6
Approved above recommendation, introduced and adopted City Council Ordinance No. 2022-1.
Vote: 5-0
MEETING DATE: February 8, 2022 PAGE 2
SUBJECT: SIGN CODE AMENDMENT FOR RESIDENTIAL AND TEMPORARY ELECTION SIGNS (1) Residential signs: a maximum size of 4 sq. ft. for individual signs. The maximum number of signs permitted is currently described as “n/a”.
(2) Temporary election signs: a maximum size of 16 square feet (sq. ft.) for individual signs in areas other than the public right-of-way and 6 sq. ft for individual signs within the public right-of-way. The maximum number of signs permitted is currently described as “not applicable (n/a)”.
Staff has prepared proposed amendments to the VDC to remove any confusion over the maximum number and size of residential and temporary election signs, which are provided below.
Proposed Project. The proposed project amends VDC section 18.52.060A to make the following changes (redactions are noted using strikeout font and additions are noted with double underlining):
Sign Type Permitted
Zones
Maximum Number of
Signs Permitted
Maximum Size per Sign
(based on Sign Area
unless otherwise
specified)
Residential
A-1, E-1, R-1,
R-1-B, RM,
and mixed-use
zones.
n/a Unlimited, so long as
aggregate total of all signs
does not exceed 80 sq. ft.
4* 16 sq. ft. of total sign
area
Temporary Signs
During Election
Periods
All zones
n/a Unlimited within the
public right-of-way area.
Unlimited in areas other
than public right-of-way
area, so long as
aggregate total of all signs
does not exceed 80 sq. ft.
6 sq. ft. within the public
right-of-way area.
16 sq. ft. of total sign area
in areas other than public
right-of-way area.
* Denoting strikeout of “4”.
Staff Analysis and Recommendation. Confusion over the interpretation of these requirements is caused using “n/a” to describe the “Maximum Number of Signs Permitted” for temporary election signs and residential signs. One interpretation is that an unlimited number of signs that does not exceed the maximum sign size is allowed. Alternatively, it can be interpreted to mean that an unlimited number of signs is allowed so long as the total square footage of all signs does not exceed the maximum size.
These differing interpretations lead to undesirable results in practice. For example, the first interpretation would potentially allow a property owner to cover their entire property with signs. The second interpretation would restrict property owners to just one typical election sign. However, any interpretation limiting individual signs to 4 sq. ft. and an aggregate total amount of signs to 64 sq. ft. has been held invalid by the Ninth Circuit Court of Appeals (Verrilli v. City of Concord (1977) 548 F.2d 262).
To clear up any confusion and ensure the City’s sign restrictions in practice comply with applicable law, staff recommends that the maximum size and number of these signs allowed per the VDC be updated.
Specifically, VMC Table 18.52.060A would be revised to allow residential and temporary election signs (in areas other than the public right-of-way) that do not individually exceed 16 sq. ft. Temporary election signs within the public right-of-way would still be restricted to a maximum individual size of 6 sq. ft, so as not to impair the vision or path of drivers and pedestrians. 02/08/2022 PH2 Page 2 of 6
MEETING DATE: February 8, 2022 PAGE 3
SUBJECT: SIGN CODE AMENDMENT FOR RESIDENTIAL AND TEMPORARY ELECTION SIGNS In addition, staff recommends the regulations for residential and temporary election signs (in areas other than the public right-of-way) be updated to allow up to 80 sq. ft. of total sign square footage on a single property, or the equivalent of five large election signs. Staff’s recommended sign size and aggregate square footage limits have been held to be valid private property sign regulations by the Ninth Circuit Court of Appeals in Baldwin v. Redwood City (1976) F.2d 1360.
Conversely, the maximum number of temporary election signs within the public right-of-way would be unlimited, subject to the limitation that prior consent has been obtained for placement of the signs from the person exercising control over the property.
The proposed amendments would be categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, Existing Facilities, because the proposed amendments would clarify existing zoning regulations pertaining to signs on private property.
On January 18, 2022, the Planning Commission reviewed the proposed changes and recommended unanimous approval of the staff recommendation. Staff is recommending City Council approval of an ordinance amending the maximum number and size of residential and temporary election signs allowed pursuant to VDC section 18.52.060A, as provided in the draft Ordinance attached as Exhibit 1.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Ordinance No. 2022- , amending Section 18.52.060.A of the Vista Development Code relating to residential and temporary election signs
2. Prior Council Actions
02/08/2022 PH2 Page 3 of 6
00105123 1
ORDINANCE 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA AMENDING SECTION 18.52.060A OF THE VISTA
DEVELOPMENT CODE RELATING TO RESIDENTIAL AND TEMPORARY
ELECTION SIGNS
The City Council of the City of Vista does ordain as follows:
1.Findings. The City Council hereby finds and declares all of the following:
A.This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B.The City Council intends that this ordinance be construed and applied in a manner that is consistent with state law and all other local enactments.
C.The City Council finds and determines that the adoption of this ordinance would be categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, Existing Facilities, because the proposed amendments would clarify existing zoning regulations pertaining to signs on private property.
2.Code Amendment.
A.Residential, Maximum Number of Signs Permitted, as contained in Section
18.52.060A is amended to read as follows:
“Unlimited, so long as aggregate total of all signs does not exceed 80 sq. ft.” B.Residential, Maximum Size per Sign (based on Sign Area unless otherwise specified), as contained in Section 18.52.060A is amended to read as follows:
“16 sq. ft. of total sign area.”
C.Temporary Signs During Election Periods, Maximum Number of Signs Permitted, as contained in Section 18.52.060A is amended to read as follows:
“Unlimited within the public right-of-way area.
Unlimited in area other than public right-of-way area, so long as aggregate total of all signs does not exceed 80 sq. ft.”
3.Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
4.Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.
02/08/2022 PH2 Page 4 of 6EXHIBIT 1
ORDINANCE NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00105123 1
5.Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on February 8, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Darold Pieper
20220125141630
02/08/2022 PH2 Page 5 of 6
Prior Council Actions
On February 12, 2019, introduced and adopted City Council Ordinance No. 2019-05, amending Chapter 18.52 of the Vista Development Code related to freeway-oriented pole signs (Vote: 5- 0).
On October 24, 2017, introduced and adopted City Council Ordinance No. 2017-17, amending Chapter 18.52 of the Vista Development Code (among other actions), adding properties to Map 4 of the freeway-oriented sign districts (Vote: 5-0).
On August 23, 2016, introduced and adopted City Council Ordinance No. 2016-05, amending Chapter 12.20 of the Vista Municipal Code and Chapter 18.52 of the Vista Development Code regarding signs during election periods (Vote: 5-0).
On May 24, 2011, introduced and adopted City Council Ordinance No. 2011-3, adding Chapter
12.20 of the Municipal Code regarding signs on city property, amending Chapter 18.04 of the Development Code regarding city projects, and amending Chapter 18.52 of the Development Code regarding signs on private property (Vote: 5-0).
02/08/2022 PH2 Page 6 of 6EXHIBIT 2
From:Patrick Johnson
To:Darold Pieper; Walter C. Chung; Kathy Valdez
Subject:FW: PH2 Sign Ordinance Amendment
Date:Monday, February 7, 2022 12:37:56 PM
Attachments:Campaign Signs FAQ.pdf
From: Sarah Spinks
Sent: Monday, February 7, 2022 12:22 PM
To: John Franklin ; Judy Ritter ; Katie Melendez
; Corinna Contreras ; Joe Green
; Patrick Johnson
Subject: PH2 Sign Ordinance Amendment
Hello All,
I appreciate the staff's effort but the proposed changes to current sign code is still in violation of the Constitutional Rights of Vistans who wish to use Freedom of Speech to display political signs on residential property.
Please see attachment of Encinitas Sign Code, which does not infringe on an individual's First Amendment Right to Freedom of Speech. Tomorrow you will discuss updating sign code including political signs on residential property. As the amendment is written, the city of Vista would be violating the First Amendment by limiting residents to 80sq ft of signage.
The City of Encinitas adopted this code after violating a citizen's First Amendment Right to Freedom of Speech and litigation from the ACLU. Please do not waste city funds violating constitutional rights of Vistans. You all make a Constitution Week Proclamation every year, please live up to those values.
Feel free to reach out to former Encinitas Mayor Kristin Gaspar as she has experience in this matter.
Sincerely,
Sarah Spinks
ADD TO PACKET
PH1
CAMPAIGN SIGNS
Responses to common questions
August 2016
This Frequently Asked Question (FAQ) sheet provides
responses to the more common questions Encinitas residents and candidates pose to staff related to campaign (political) signs.
Following each response is the applicable code section should you want to learn more about the sign requirements.
IS THERE A TIME LIMIT TO WHEN I CAN POST
CAMPAIGN SIGNS; I.E. BEFORE OR AFTER AN
ELECTION?
No. With recently adopted Ordinance No. 2016-03, an
unlimited number of temporary signs displaying political or other noncommercial messages are permitted on private
property at all times as long as the posting is done with the property owner’s permission. (EMC §2.16.040)
IS THERE A SIZE LIMIT TO THE CAMPAIGN SIGNS I
CAN POST ON PRIVATE PROPERTY?
Yes. Although there is no limit on the quantity of temporary campaign signs allowed on private property, there is a limit on the size of each individual sign.
Residential uses in residential zones: the display area of each sign cannot exceed 3 square feet (each side) with a maximum height of five feet.
Nonresidential uses in residential zones: the display area of each sign cannot exceed 32 square feet (each side) with a maximum height of eight feet.
Nonresidential zones: the display area of each sign cannot exceed 32 square feet (each side) with a maximum height of eight feet. (EMC §2.16.040)
CAN I REPLACE THE MESSAGE ON AN EXISTING
SIGN WITH A CAMPAIGN MESSAGE?
Yes, with limitations. The area of any existing legally displayed sign may be converted in whole or in part to a non- commercial message, including, but not limited to a campaign message. However the material and design of the new
message must comply with any code limitations, design
standards and/or permit processing requirements (EMC
§30.60.050.M).
Before changing any sign message, contact the Development Services Department at [email protected] to learn if an existing sign may be subject to these requirements
CAN I PLACE SIGNS IN THE PUBLIC RIGHT-OF-
WAY?
No. All signs must be located on private property. Signs are not permitted in the public right-of-way, which includes, but is not limited to, all medians and freeway entrances and off ramps, rail right-of-way and along street easements, which generally includes the first five feet from the inside edge of a sidewalk. (EMC §30.60.050.C)
HOW DOES THE CITY ENFORCE THESE
REGULATIONS?
The Code Enforcement Division within the Development
Services Department is the City’s lead on the enforcement of signs. Sign sweeps are conducted once a week for the 30 days prior to the election. The day of the sign sweep varies each week and is not disclosed.
Complaints should be directed to the Code Enforcement
Division, who will investigate and open a code compliance case. Please visit the website to learn how to file a complaint.
When necessary, standard code enforcement procedures are followed to gain compliance (warning, followed by citations for continued noncompliance).
WHAT DOES THE CITY DO WITH REMOVED
CAMPAIGN SIGNS?
Removed signs will be held by the City for 30 days, during which time the City will make reasonable attempts to notify the candidate or committee of the right to reclaim. Thirty days after the close of the polls for the election, the City will discard or destroy any unclaimed signs.
HOW DO I LEARN MORE?
Should you have any questions or require additional
information, please contact the Code Enforcement Division at 760/633-2685 or via email at [email protected].
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