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