Item 6 - Second Reading Ordinance 443 _ AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the £ity Council
A FROM: James L. Bowersox, City Mana~)
INITIATED BY: John D. Fitch, Assistant City~l~anager~-
Marjorie K. Wahlsten, City Clerk~q~
DATE: April 18, 1995
SUBj-EC'r: Ordinance No. 443 - Second Reading
ABSTRACT
On March 28, 1995, the City Council introduced and had the first reading on Ordinance
No. 443 - "An Ordinance of the City of Poway, California, Amending Chapters 17.26 and
17.40 of the Poway Municipal Code Concerning Temporary Uses and Temporary Signage."
Staff recommends adoption.
ENVIRONMENTAL REVIEW
This ordinance is not subject to CEQA.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powa¥ News Chieftain prior to first reading of the
ordinance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll
call vote).
ACTION
1 of 10
APR181995 rrEM 6
CITY OF POWAY
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~)
INITIATED BY: John D. Fitch, Assistant City Manager~1
Marjorie K. Wahlsten, City Clerk
DATE: April 18, 1995
SUBJECT: Ordinance No. 443 - Second Reading
BACKGROUND
On March 28, 1995, the City Council introduced and had the first reading on
Ordinance No. 443 - "An Ordinance of the City of Poway, California, Amending
Chapters 17.26 and 17.40 of the Poway Municipal Code Concerning Temporary Uses
and Temporary Signage." Staff recommends adoption.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
FISCAL IMPACT
None.
ENVIRONMENTAL REVIEW
This ordinance is not subject to CEQA.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF
Notice was published in the Powav News Chieftain prior to the first reading of
the Ordinance.
RECOMMENDATION
If the City Council desires to adopt, read title and waive further reading of the
Ordinance by unanimous vote. Pass motion closing public hearing and adopting
(roll call vote).
Attachment:
1) Ordinance
2 of 10
APR 1 8 1995
ORDINANCE No. 443
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING CHAPTERS 17.26 AND 17.40
OF THE POWAY MUNICIPAL CODE CONCERNING
TEMPORARY USES AND TEMPORARY SIGNAGE
WHEREAS, the city council finds that it is necessary from time to time to
amend the Zoning Development Code to reflect changing conditions in the
community; and
WHEREAS, the City Council desires to create an environment where businesses
will succeed; and
WHEREAS, the City Council also desires to improve the appearance of the
commercial areas of the city; and
WHEREAS, the City Council finds that motor vehicle dealerships have signage
needs that are different from those of other retail businesses; and
WHEREAS, a committee appointed by the Chamber of Commerce has studied the
existing regulations regarding temporary signage and has recommended amendments
to them; and
WHEREAS, a public meeting was held on February 9, 1995 to discuss proposed
amendments to the special events signage regulations; and
WHEREAS, the City Council held a public workshop to discuss the proposed
amendments on March 2, 1995; and
WHEREAS, a properly noticed public hearing was conducted in accordance with
Section 65853, et seq, of the California Government Code to consider this Zoning
Ordinance amendment; and
NOW, THEREFORE, BE IT ORDAINED, that the City Council does hereby amend the
Poway Municipal Code as follows:
17.26.030 Temporary uses listed The following temporary uses ~-~ ~" ~:~
A. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or
enterprises, subject to not more than five calendar days of operation in
any calendar year. Requests exceeding these time limitations will require
the submittal and approval of a conditional use permit. Approval of such
events shall require City Council action.
B. Christmas tree sales lots, Halloween pumpkin sales, and other holiday
sales subject to not more than forty calendar days of site occupation and
operation in any calendar year.
DR. Religious, patriotic, historic, or similar displays or exhibits within
yard, parking areas, or landscaped areas, subject to not more than ~]~
eight calendar days of display in any calendar year;
3 of 10
APR lB 1995 ITEM 6
Ordinance No. 443
Page 2
E~:~?~Outdoor art and craft shows and exhibits, subject to not more than three
...... ~?~calendar days of operation or exhibition in any sixty calendar day period;
Outdoor display and sales located within commercially zoned properties not
to exceed mcrc than five calendar days in any sixty calendar days and
subject to appropriate conditions of the Planning Services Department;
Seasonal retail sale of agricultural products {fruit and vegetable stands)
for periods of less than ninety days, if said products are raised on the
premises;
For any agricultural or animal husbandry activity or project (4-H, FFA, or
similar) conducted for educational purposes or school credits, a permit
may be granted in any district when the Planning Services Director
determines that such use will not cause a public nuisance relative to
sanitation and health conditions;
Special events, such as horse shows, at a commercial stable when
authorized by the conditional use permit or minor conditional use permit;
Charitable or school sponsored dropoff bins for recycling of cans,
newspapers, or similar items, for dropoff of clothes and small items.
Bins shall be located in the parking lots of businesses within the CG or
CN zones when written permission is granted by the property owner or
business owner. The bins shall be kept in a neat and orderly manner;
Charitable special events, including fundraising tours in residential
neighborhoods and craft fairs and similar events in residential
neighborhoods, shall be limited to a two-day duration and no more than
twice per year. Written notification of adjacent property owners shall be
required prior to the event;
Temporary use of properly designed mobile trailer units for classrooms,
offices, banks, etc. for periods not to exceed ninety days subject to
minor development review. Requests for such uses of more than ninety days
in duration shall require the approval of a conditional use permit by the
City Council. Such units shall meet all necessary requirements of
building, fire, and health codes;
F~. Contractors' offices and storage yards on the site of an active
construction project;
Mobile home residences for security purposes on the site of an active
construction project;
4 of 10
APR 18 1995 ITEM 6
Ordinance No. 443
Page 3
GE. Subdivision sales offices and model home complexes located within the
_ ' subdivision, subject to the following minimum requirements:
1. Offices shall be no closer than one vacant lot to an existing
dwelling unit not part of the subdivision, trailers may be used for
no more than ninety calendar days or until such time as the
subdivision sales offices have been completed, whichever is less;
2. An A.C. paved parking lot shall be provided with sufficient parking
spaces to accommodate said use;
3. Offices shall be allowed for a maximum of two years or until ninety
percent of the homes within the subdivision are sold whichever is
less. Annual review for compliance with conditions of approval may
be required.
4. Faithful performance bonding in an amount appropriate to guarantee
removal and/or conversion of the sales office and attendant
facilities shall be required; and
5. Other conditions that the DireCtor of Planning Services deems
necessary to assure that the sales office will not constitute a
nuisance or be objectionable to the residential uses in the
neighborhood.
Temporary sheltering of homeless persons by qualified churches or
_ synagogues. Sheltering periods shall be limited to two-week durations, no
more than twice per year and at no closer than three-month intervals.
Qualified churches and synagogues are defined as those possessing a valid
conditional use permit. The following guidelines shall apply:
1. Only twelve individuals may be sheltered at any given time by a
participating institution;
2. Maximum length of stay within the program is limited to six weeks
total, two weeks maximum at each church;
3. Homeless persons shall remain on church property only during the
hours of five p.m. to eight a.m. and must be supervised by church
personnel during those hours;
Additional uses determined to be similar to the foregoing in the manner
prescribed by Section 17.02.040 of the zoning development code.
Section 17.40.015 Definitions
"Banner" means any sign of lightweight fabric or similar material that is mounted
to a pole or a building at one or more edges. National flags, state or municipal
flags, or the official flag of any institution or business shall
not be considered banners.
"Flag" means any fabric, banner or bunting containing distinctive colors,
- patterns or symbols, used as a symbol of a government, political subdivision or
other entity.
5 of 10 APR 1 8 1995 ITEM 6
Ordinance No. 443
Page 4
"Pennant" means any lightweight plastic, fabric or other material, whether or not
containing a message of any kind, suspended from a rope, wire or string, usually
in series, designed to move in the wind."
"Portable sign" means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to: signs designed to be transported by means of wheels; signs converted
to A- or T-frames; "sandwich board" signs; balloons used as signs; umbrellas used
for advertising; and signs attached to or painted on vehicles."
"Window sign" means any sign, picture, symbol or combination thereof, designed
to communicate information about an activity, business, commodity, event, sale
or service, that is placed inside a window or upon a window."
Section 17.40.090 Exempt Siqns. The following signs shall be exempt from the
application, permit, and fee requirements of this chapter; an electrical and/or
building permit may be required. Any signage in excess of the specific
exemptions listed in this section is prohibited.
I. Permanent window signage not exceeding 12 square feet per business
frontage and limited to the name of the business, service, or use,
hours of operation, address and emergency information, except
exposed neon tubing signs advertising products for sale on the
premises, arc ~ .......... ~sw~,..,~,,~,,~
2. Temporary advertising signage painted on the window or constructed
of paper, cloth, or similar expendable material affixed on the
window, wall, or building surface; provided, that the total area of
such signs shall not exceed 25 percent of the window area, however,
in all cases a minimum of 12 square feet per business frontage is
permitted.
16. A single official flag of the United States of America and/or two
flags of either the State of California, or other states of the
United States, counties, municipalities or official flags for
nations, and flags of internationally and nationally recognized
organizations or the compan~ flag. Flags shall be a maximum of five
feet ~ eight feet ~!~iiiiii~!~!~!i!iiii~ii!ii~i~i~i~!i!!~6iiii~i!i~66~
Section 17.40.190~.~.¢"~-~*~ cvcnt ~ siqns. ~ ........... ~empo~ar~
signs may be approved for a limite~"~6~i~6d"'of time as a means of
special events such as grand openings, new management, sales, Christmas tree
lots, parades, rodeos and fairs that are to take place within the City.
A. Community soecial events such as attractions at the Poway Center for the
Performing Arts, Poway Days, the rodeo and street fairs ~a~ be ~d~ertised
on the communit~ events kiosks ~rovided by the City ?":' ~?~'~>"'~'
6 of 10 APR181995 ii'EM 6
Ordinance No. 443
Page 5
ova/~ To apply for approval of~,;&l ~.~,,~ t~ signs,
the applicant shall submit a letter to the Direct6r 6f Planning
Services which describes the
proposed sign~O by means Of and
~hich i hdiE~ the di spl ay dates. Th6 'D~6~ :'6~ Pl~Hning
se~iEes ~hj:~i::~:6:view the request within fiftccn t~ working days
after receipt and ~'~I -~1.~ ~.~. ~
............ & ....... ,,,,,,~,~,, approve, approve
with modification or deny the request.
banners may:.:no~be in]f3uOr~cent=color~. Bannec~ ~ha3.1'~ be:. attached
5?]::.:]]::-:Adverti siSq Ki:oS~?:: ::~ As para:of a. C0morehensive' S~g~ ~Yogram;
City Council. may:.approve a structure'des~gnated for 'the display 6~
a ]imited.nUmber:of?:temporary s:~gns.by businesses in :~he cente~;
The fotloWi:n~:?:~e~Ul~io~s :~hall': a~ply to Adve~tisihg Kiosks; ~
addition to any'specific conditions called Out i~ the Comprehensive
Sign Program:
a. ~e desig~ of the kiosk must be consistent With the desi'gn 0f
the othem: free-standing signs in the centeF ~nd with the
applicable design standards in the Poway Road Specific PlanL.
b. K~osks may not exceed 8 ~n height nor 40 square feet in area.
7 of 10 'APR 1 8 t995 ITEM 6
Ordinance No. 443
Page 6
e:: E!OSE s an ~ern
8 of 10 APR 1 8 1995 ITEM
Ordinance No. 443
Page 7
-- Christmas
,,,.~, :: :~ Tree Lots
urand PrOmotiona )j& pumPkin
Opening 1 sales Patches
Consecutive Days 30
Frequency I time I p~.~ year ~ pcr yea~ 1 /
~:A season
Fl~s, ~Banner~ ~c~nant~ yes yes yes yes
and ba176'6~h~s on strings under
three (3) feet in length
Strings of outdoor lights yes ~'~ j~ .... yes
...... w ...... ~ lot ~l-~ In yes ye~
One on-site, freestanding
special event sign (~32 square
feet & 58 feet hi~h) yes yes~ ~ yes
- Ground mounted inflatable
advertisin~ devices yes
Roof mounted inflatable no no ~ no
advertisin9 devices
Strings of balloons no no ~ no
~Search] lights yes no ~ no
c.+~+.~ .... ' ~ttraction~
9 of I0 APR 1 8 1995 ITEM 6
Ordinance No. 443
Page 8
EFFECTIVE DATE: This o~d~nance sha]] ~ake effect and be in force ~hi~
(30) days af~e~ ~he da~e o~ ~ts passage; and ~he C~y C~e~k of ~he City o~ Poway
~s hereby autho~ized ~o use summary publication p~ocedu~es pursuant ~o Government
Code Section 36933 u~]izin9 ~he Poway News-Chieftain, a newspaper of 9ene~a]
circulation published in the C~ty o~ Po~ay.
~n~oduced and ~irs~ read at a regular meeting of ~he City Counc~ o~ ~he
C~ty of Powa~ he]d the 28~h day of Hatch 1995, and ~hereaf~er PASSED AND
ADOPTED a~ a regular meeting of sa~d C~y Counci] held ~he day of
, 1995, by ~he ~o]~owin9 ~o1] cai] vote:
AYES: COUNC[LHEH~ERS:
NOES: COUNG[ L~EHBERS:
ABSTAIN: COUNC[LHEHBERS:
ABSENT: COUNG[ L~E~BERS:
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
E:\CITY\PLANNING\REPORT\TEMPSIGN.ORD
lo of lo APR 1 8 1995 ITEM 6
RECEIVED
APR I 7 1995
CITY OF POWA¥
CITY CLERK'S OFFICE
Dear City Council Member:
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Powa~,
Chamber of Commerce.
'1 think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
Yours truly,
APR 3. 8 1995 ITEM
RECEIVED
APR 1 ? 199S
C)TY OF POWA¥
CITY CLERK'S OFFIOE
Dear City Council Member: '-
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commerce.
[ think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
Yours truly,
RECEIVED
APR l '? 19q~
CITY OF POWAY
CITY CLERK'S OFFICE
Dear City Council Member: -
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commerce.
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions. /~~///~~
Yours truly,
CITy OF: POWAy
Dear City Council Member: __
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commerce.
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
Yours truly,
- '----~-~-.~ E g E ~ V E D
APR '~ ' le'"~
CiTY OF PoWAY
ciTY CLERi~.'S OFFICE
Dear City Council Member: -
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commeme.
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
- R~--~C E I V E D
\
/~PR ~ '~ 19
Cl'l"! OF PoWA¥
CiTY CLERK'S OFFICE
Dear City Council Member:
I want to encourage you to suppo~ the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commerce.
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
~rned for our economic well-being.
An attractive business center for the city is as impo~ant to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
- RECEIVED
APR 1 ? 1995
CITY OF POWAY
CITY CLERK'S OFFICE
Dear City Council Member:
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commerce.
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
Yours truly,
RECEIVED
APR 1 ? 1995
CITY OF PoWAY
CITY CLERK'S OFFICE
Dear City Council Member:
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commeme,
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. I think the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
Yours truly,
_ - RECEIVED
APR 1 ? 199'S
CiTY OF POWAY
L_ CITY CLERK'S OFFICE
Dear City Council Member:
I want to encourage you to support the proposed revisions to the City's
Special Events Signage Provisions prepared by a task force of the Poway
Chamber of Commerce.
I think the changes are essential to ensure a viable Poway business commu-
nity and to show good faith to Poway's merchants that the Council is con-
cerned for our economic well-being.
An attractive business center for the city is as important to businesses as it is
to the city's residents. Ithink the revisions provide adequate protection of the
city's ambiance while allowing businesses to make a reasonable profit.
Please show your concern for Poway's businesses by voting in favor of the
revisions.
Yours truly,
Same letter received 4-17-95 from:
Sandra J. Fish - Corridor Mortgage
Teresa Clark
Victoria Lazowski - Buck Electric
Lisa Lucidi - Hamburger Factory
Kathy Kurz
Ann Mitchell - 13894 Putney
Meredith Campbell - First Interstate Bank, Poway Office
Alice Kaminiski - Kaminiski Park Sports Bar & Grill
Esther Handley - Poway Country Inn
David Prewett - Century 21 Eagle Realty
Susan Long and Jerry Long - Big Stone Lodge
Duke Ayers - 15330 Vali Hai Rd.
Claudia Gayhart - Pacific Bell
Dale Koers, O.D. - 13616 Poway Rd.
Rita Brooks - Anne Winton & Assoc.
[ynell Comer - Massachusetts Mutual
Arthur Skala, Mitchell Skala
Barry Good - Serv. Pro