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Ord 259ORDINANCE NO. 259 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA EXTENDING .ORDINANCE NO. 237 DECLARING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-SITE SIGNS, EXCEPT TEMPORARY SUBDIVISION DIRECTIONAL SIGNS WHEREAS, Poway Municipal Code Section 17.40.100(7) prohibits off-site signs in all zones except certain temporary off-site subdivision directional signs as permitted by Poway Municipal Code Section 17.40.200; and WHEREAS, the City of Poway is in the process of preparing a study and report to the City Council concerning the prohibition of off-site signs or in lieu of such prohibition the regulation of the location, size, appearance, and the design and construction standards thereof; and WHEREAS, the consideration and approval or disapproval of an application for placement of an off-site sign during the pendency of the study could result in approval or disapproval in conflict with the General Plan and Zoning Ordinance amendments which may result from City Council approval of the study; and WHEREAS there is a current and immediate threat to the public health, safety and welfare presented by any proposed off-site sign other than presently permitted off-site subdivision directional signs, in that approval or denial of any such sign may be in conflict with the conclusions of the study and the amendment of the General Plan and Zoning Ordinance which the City Council may consider in accordance with the study; and WHEREAS, construction of off-site signs pursuant to court order resulting from alleged unconstitutionality of Poway Municipal Code Section 17.40.100{7) would conflict with the public interest in establishing lawful and appropriate prohibition and regulation of off-site signs by the City Council; and WHEREAS, the City Council of the City of Poway has determined that prepara- tion and adoption of the study and consideration of appropriate General Plan and Zoning Ordinance amendments consistent with said study without conflict with potential off-site sign permit applications is necessary to preserve the health, safety and welfare of the citizens of Poway. NOW, THEREFORE, the City Council of the City of Poway does ordain as follows: Section 1: No off-site sign application shall be accepted nor shall any permit for the placement of an off-site sign be issued, except for off-site subdivision direc- tional signs permitted by Poway Municipal Code Section 17.40.200, until final Ordinance No. 259 Page 2 action has been taken by the City Council of the City of Poway on the study identified above, and final action has become effective on any General Plan amendment and Zoning Ordinance amendment as may be required and approved to establish consistency with the study and the General Plan. Section 2: This ordinance is declared to be an interim prohibition of the acceptance, pro- cessing, approval, or issuance of permits for off-site signs except off-site subdivision directional signs permitted by Poway Municipal Code Section 17.40.200. There exists a current and immediate threat to the public health, safety and welfare within the meaning of Government Code Section 65858 as set forth in the recital stated hereinabove. The acceptance of any off-site sign application other than for an off-site subdivision directional sign as permitted by Poway Municipal Code Section 17.40.200 prior to final action by the City Council on the subject study, General Plan and Zoning would result in a threat to the public health, safety and welfare. Section 3: Notwithstanding any other provision of this ordinance, the exempt signs described in Section 17.40.090 of the Poway Municipal Code shall not be subject to, or in any way affected by, this moratorium. Section 4: If any portion of this ordinance is held to be illegal or otherwise invalid by any court, such portion shall be severable from the remainder, and the remainder shall continue in full force and effect. Section 5: The period of time provided by law within which any permit or approval affected by this ordinance must be activated shall not include any period of time during which this moratorium is in effect. Section 6: This Ordinance extends Ordinance No. 237 which was adopted on June 30, 1987, for a period of one year and will expire on May 18, 1989. EFFECTIVE DATE: This ordinance shall take effect immediately and before the expiration of fifteen {15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. -- Ordinance No. 259 Page 3 Introduced and first read at a regular meeting of the City Councll of the Clty of Poway held the 5th day of April, 1988, and thereafter PASSED AND ADOPTED at a regular meetlng of said Clty Council held the 12th day of Apr±l , 1988, by the following roll call vote: AYES: COUNCILMEMBERS: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE MarjorlQ'K% Wahlsten, City Clerk O/Signl-3/CP32