Ord 525ORDINANCE NO. 525
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF POWAY AMENDING CHAPTER 17.40 OF
THE POWAY MUNICIPAL CODE BY THE MODIFICATION
AND ADDITION OF CERTAIN SECTIONS PERTAINING TO SIGNS
WHEREAS, the City Council desires to amend the City of Poway's Zoning
Ordinance to reflect current standards of constitutional regulation of signage; and
WHEREAS, the City Council finds that this amendment is consistent with the
General Plan; and
WHEREAS, it is the intent of this ordinance and Chapter 17.40 of the Poway
Municipal Code to preserve and enhance the aesthetic, traffic safety and environmental
values of the City's residential, business and industrial communities, while at the same time
providing for communication with the public by use of outdoor signage other than
billboards, regulated on the basis of the time, place, and manner of such signage; and
WHEREAS, the City Council finds that it is in the interest of both aesthetics and
traffic safety that commercial signage be kept to a minimum and in no event distract,
obstruct or otherwise impede traffic circulation; that noncommercial signage receive the
broad constitutional protection to which it is entitled and that billboards in all events be
prohibited.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: Amendment of Chapter 17.40 of the Poway Municipal Code
Chapter 17.40 of the Poway Municipal Code is hereby amended as hereinafter set
forth.
Section 2: Amendment of Section 17.40.010
Section 17.40.010 is amended to add the following subparagraphs:
17.40.010 Purpose
By the adoption of this Chapter 17.40, the City recognizes its legal and
constitutional obligations to allow non-commercial signage wherever
commercial signage is permitted, not to discriminate among noncommemial
messages, and not to discriminate among commercial messages, except for
the distinction between onsite and offsite signs.
Ordinance No.525
Page 2
Traffic control signs and kiosk signage located upon the public right-of-way
or other public property and erected at public expense are intended to
control traffic movement and to direct the public to an area of the City; to the
availability and location of a public or semipublic facility or event; or to the
sale of real estate in a manner which enhances the safe and ordedy flow of
traffic along and upon primary and secondary thoroughfares instead of
narrower or more congested streets. The City Council finds that kiosk signs
serve the same compelling interest as traffic control signs in that such signs
reduce traffic congestion and are indispensable to the safe vehicular use of
City streets.
Section 3: Amendment of Section 17.40.040
Section 17.40.040 is hereby amended to read in its entirety as follows:
17.40.040 Method of Review. The purpose of major review and minor review is to
help ensure compliance with the provisions of this chapter.
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Major Review. Within fifteen (15) working days after receipt of all required
materials of a sign application, the Director of Development Services, or a
designated representative, shall prepare and placeon the agenda of the City
Council for consideration within eighteen (18) days a report to the City
Council recommending approval, approval with modifications, or denial of
such sign application. Consideration by the City Council shall be delayed
only with the consent of the applicant. Authority to approve or deny a major
review shall rest with the City Council. The standards of review shall be the
requirements set forth in this chapter and the Uniform Building Code.
Minor Review. Within fifteen (15) calendar days after receipt of all required
materials of a sign application, the Director of Development Services, or a
designated representative, shall render a decision to approve, approve with
modifications, or deny such sign request. Review shall insure that any sign
proposal is in conformance with this chapter, is consistent with its title and
purpose, and conforms to current Uniform Building Code requirements. In
cases where the placing, erecting, moving, or reconstructing of a sign does
not require the issuance of a building permit, the Director of Development
Services, or a designated representative, shall render a decision to approve,
approve with modifications, or deny such sign request within ten (10) working
days. For sign permits that meet all the requirements of an approved
comprehensive sign program, the permit shall be' issued within five (5) full
working days from the date of complete application. The decision of the
Director may be appealed to the City Council by filing with the Director a
written notice of appeal within fifteen (15) working days of receipt of the
Ordinance No. 525
Page 3
decision. The appeal shall be placed on the agenda of the City Council for
consideration by the City Council within eighteen (18) days of City's receipt
of the notice of appeal. Consideration by the City Council shall be delayed
only with the consent of the applicant. [Ordinance 427, Exhibit A (part), 1993;
Ordinance 113 §§1, Exhibit A 7.1(C), 3 (part), 1983; Ordinance 82 §1, Exhibit
A (part), 1983].
Section 4: Amendment to Section 17.40.090
Section 17.40.090 is amended as follows:
17.40.090 Exempt Signs
Temporary signs shall be permitted on private property and in the public
street rights-of-way behind the curb as hereinafter provided.
Such signs shall be placed, erected, or constructed, not sooner than
the earliest date of legal registration of candidacy or proposition
acceptance for an election by the appropriate City, County, State or
Federal official, and shall be removed no later than ten calendar days
following the date of the election.
Such sign shall not exceed 32 square feet in total area for one side;
double-faced signs shall not exceed 32 square feet per side.
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Such signs shall not exceed an overall height of eight feet from the
finished grade immediately around the sign.
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.
No such sign shall be placed or affixed to a traffic signal, fire hydrant,
street light, tree, fence, utility pole, or existing sign. No such sign
shall be placed upon any sidewalk or overhang any sidewalk or be
placed in any raised planter or tree well. No such sign shall be placed
in a manner which, in the professional judgment of the City Traffic
Engineer or designee, impedes or renders dangerous access to any
public improvement or obstructs the visibility of any sign designed to
regulate, control or assist public or private transportation or obstructs
the vision of any pedestrian or vehicular user of a public street right-
of-way. No such sign shall be placed in any median or any traffic
island in the public street right-of-way, in or upon any public building,
Ordinance No. 525
Page 4
or within or upon any public park, square, public landscaped area or
other publicly owned property other than public street rights-of-way as
provided in this chapter.
f. The number of such signs is not limited.
Such signs may carry any noncommercial message, including but not
limited to political messages.
No such sign shall be posted in violation of any provision of this
chapter. The Director of Development Services or his designee shall
have the right to remove any sign placed contrary to any provision of
this section. Removed signs shall be stored by the City. Notice of
removal shall be promptly provided to the owner of such sign or the
apparent owner or candidate, within one working day of removal
whenever possible. Such person shall have the right to recover the
sign forthwith, without charge.
Such signs not removed within the period dudng which such signs are
permitted may be removed by the Director of Development Services
or his designee at the end of such period. All signs removed by the
City shall be stored by the City for at least 20 days and whenever
possible the owner, apparent owner, or candidate shall be notified of
the date upon which such signs shall be destroyed or discarded.
Notice shall provide at least 10 days for recovery of such signs prior
to destruction or discard. In no event shall the City be liable in
damages for destruction or discard of such signs.
Section 5: Amendment to Section 17.40.100
Section 17.40.100 is amended as follows:
17.40.10 Prohibited Signs
Offsite signs, except as expressly otherwise provided by this chapter for
directional purposes.
Signs within the public right-of-way, except those required by a governmental
agency or authorized by Sections 17.40.090 and 17.40.170. No sign which
is permitted in the public right of way shall be placed, erected or constructed
on a utility pole, traffic device, traffic sign, warning sign, or so as to impede
access to any public improvement, or to obstruct the vision of any such
traffic, warning, or directional signs.
Ordinance No. 525
Page 5
Section 6:
Addition of Section 17.40.100
The following is added as a separate, unnumbered paragraph at the end of Section
17.40.100:
Notwithstanding any other provision hereof, whenever a commercial message is
permitted on a sign, a noncommercial message shall be permitted. Whenever one
commercial message is permitted on an onsite sign, any onsite commercial
message shall be permitted. Whenever one commercial message is permitted on
an offsite sign, any of[site commercial message shall be permitted. And whenever
a noncommercial message is permitted on a sign, any noncommercial message
shall be permitted. All such signage shall be subject to the same standards and
size requirements set forth in this chapter. Signs providing direction for traffic
control purposes shall be limited to the directional message.
Section 7: Amendment of Section 17.40.170
Section 17.40.170 is hereby amended to read in its entirety as follows:
17.40.170 Directional Kiosks. The City may install, or cause to be installed upon
public right-of-way or other public property, kiosks which provide traffic direction to
public or semipublic facilities or events and/or areas of the City or which identify
public or semipublic transportation services. Kiosk inserts directing the public to the
South Poway area, the downtown business area, civic center area, Lake Poway
area, Performing Arts Center, Old Poway area, rodeo area or other public or
semipublic areas or events are specifically permitted. All kiosks, including those
permitted under this section, under Section 17.40.190(A) for community special
events and under Section 17.40.210 concerning of[site real estate signage, shall be
of consistent design and shall be installed and maintained under the direct
supervision of the City, Ordinance 427, Exhibit A (part), 1993.
Section 8: Addition of Section 17.40.310
The following section is added as Section 17.40.310 of the Poway Municipal Code:
17.40.310 Severability. Each provision of this chapter is separate and distinct from
all others. In the event that any provision hereof is determined by a court of
competent jurisdiction to be unlawful or unconstitutional, it shall be severed from all
other provisions hereof, and the remainder shall continue to be of full force and
effect. The City Council hereby specifically declares that it would have passed and
adopted the sections of this chapter regulating the size of signs and prohibiting
billboards whether or not it adopted any other provisions hereof; that those sections
Ordinance No. 525
Page 6
are separate, distinct, and severable from all other sections hereof; and that the
invalidity of any other provisions hereof shall not affect the validity of those sections.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days
after the date of this passage; 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.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 25th day of April, 2000 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 9th day of May, 2000, by the following roll call
vote.
AYES: COUNCILMEMBERS: EHERY, GOLDBY, CAFAGNA
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: REXFORD ·
ABSENT: COUNCILMEMBERS: HTGGINSON
ATTEST:
Lori ~,nne P~oples, Cit~-(~ler~
Michael P. Caf~
/layor
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