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Item 5 - Ordinance Amending Sign Regulations AGF -DA REPORT SUMM. RY TO: Honorable Mayor and Members of the City Council --FROM: James L. Bowersox, City Mana~ INITIATED BY: John O. Fitch, Assistant City Manager Reba Wright-Quastler, Oirector of Planning DATE: March 28, 1995 SUBJECT: An ordinance of the City of Poway, California Amending Chapter 17.40 regarding Sign Regulations and Chapter 17.26 regarding Temporary Uses. ABSTILACT On March 15, 1994, the City Council took action to direct staff to cease enforcement of the Special Event Signage provisions of the Sign Ordinance for a year. A committee of the Chamber of Commerce reviewed the ordinance, gathered information and made recommendations as to how it could be amended to better serve the business community. On March 2, 1995 a workshop was held to review a draft ordinance on the recommendations of the committee. Council took input and directed staff to make minor changes to the draft and set it for first reading. ENVIRONMENTAL REVIEW This ordinance is not subject to CEQA. FISCAL IMPACT Hone. AODITIONAL PUBLIC NOTIFICATION AND CORRESPONOENCF In addition to standard distribution, notification was sent to the Chamber of Commerce, the automobile dealers' association, Garden Road Homeowners' Association, Green Valley Civic Association and Southwest Poway Homeowners' Association. RECOMMENDATION It is recommended that the City Council hold first reading and continue the public hearing to April 18, 1995 for second reading. ACTION e: \c i ty\p [ ar~i ng\repor t \t e~1~si n2. some i of 12 MAR 2 8 1995 ITEM --- AGENDA REPOR CITY OF POWAY TO: Honorable Mayor and Memberso,f~ City Council FROM: James L. Bowersox, City INITIATED BY: John D. Fitch, Assistant City Manager ces~ ~_ Reba Wright-Quastler, Director of Planning Servi DATE: March 28, 1995 SUBJECT: An ordinance of the City of Poway, California Amending Chapter 17.40 regarding Sign Regulations and Chapter 17.26 regarding Temporary Uses. BACKGROUND On February 15, 1994 the City Council was approached by a local businessman to request a two-year moratorium on enforcement of the special event signage provisions of the Sign Ordinance. On March 15, the Council took action to direct staff to cease enforcement of the ordinance for a year to allow a committee of the Chamber of Commerce to review the ordinance, gather information and make recommendations as to how it could be amended to better serve the business community. A Chamber task force was formed in October I994 and continued meeting into January 1995. Ann Calvert of Pomerado Publishing chaired the committee which included Lynette Perkes of GVCA, Jim Kreifeldt of Yeti Yogurt, Jay Goldby of Rapid Signs & Graphics, Peter Zyburt of Rita's Mexican Food and Tommi Mikels of Taco Bell. Susan Callery and Mickey Cafagna were the Council representatives to the committee and Reba Wright-Quastler provided staff assistance. The committee's recommended changes to the ordinance are included as Attachment B to this report. On Thursday, February 9, a public meeting was held to present the recommendations to members of the public and business community. In addition, staff met with representatives of the Green Valley Civic Association and the auto dealers to discuss specific concerns they had. On March 2, 1995 a workshop was held to review a draft ordinance based on the recommendations of the committee and input received after the committee made its recommendation. Council took input and directed staff to make minor changes to the draft and set it for first reading. The changes were to remove the wording that allowed for search lights for off-site sales events and to propose language IACTION: 2 of 12 ~AR 2 8 1995 ITEM Agenda Report March 28, 1995 Page 2 which would provide a means for businesses with more than one prominent facade to have more than one banner at a time. This draft ordinance incorporates both of these changes. FINDINGS The draft ordinance addresses the primary concerns expressed by the business community by providing greater flexibility as to when special event signage may be displayed. For retail businesses other than motor vehicle dealerships, the draft ordinance would allow temporary signs to be displayed for 52 days per year in any increment from 1 day to 52 days, rather than specifying one 15-day block and 6 5-day blocks. Businesses which are located at the back of shopping centers would benefit from a proposed provision that would allow "advertising kiosks" to be approved as part of a Comprehensive Sign Program for a center. The draft ordinance establishes a separate section governing temporary signage for motor vehicle dealerships which would allow them to display temporary signage every Thursday, Friday and Saturday. They would be allowed one banner and either a balloon on a string under 3' long or an antenna sleeve on each vehicle. No temporary signage would be allowed Monday through Thursday. In addition, ground mounted or tethered inflatables would be allowed for off-site motor vehicle, recreational vehicle and/or boat sales events. The draft ordinance also includes regulations about the size, method of display and appearance of temporary signage which is absent in the existing ordinance. Fluorescent colors are prohibited. Banners are limited to one per business and must be "attached to the building, parallel to the walls of the business they are advertising .... mounted with all four corners secure and so that they are level, don't sag and are pulled taut into a straight line across the top with the top and bottom edges of 'the banner parallel to each other." They must be maintained in good condition and are limited in size depending on the width of the store front on which they are to be displayed according to a table in Section 17.40.190.B.7. Pennants, strings of lights, freestanding special events signs and inflatables are prohibited except for grand openings. Pennants and strings of outdoor lights are currently allowed for the full 45 days per year and freestanding special event signs and ground mounted inflatables are allowed for the 15-day major promotional sal~. In addition to the new aesthetic regulations, the proposed ordinance also includes more specifics concerning logging usage and enforcement. Penalty days for the unauthorized use of temporary signage are provided for. The period allowed for staff to review applications for temporary signage is reduced from 15 days to 2 working days, however. Because motor vehicle dealers would be allowed signage on any Friday, Saturday or Sunday, and would never be allowed temporary signage on other days, no application or log would be required of them. It is staff's opinion that the aesthetic controls included in the recommended draft will provide substantial additional strength to the ordinance and will result in the commercial areas of the city being more attractive. The display - of several banners coupled with pennants, etc. by one business will no longer be allowed for even one day per year. At the same time the business community has 3 of 12 MAR g 8 1995 ITEM 5 , Agenda Report March 28, 1995 Page 3 indicated that the proposed amendments will allow the ordinance to better serve their needs. During the workshop, the mayor suggested that staff investigate the use of volunteers to supplement weekend enforcement. Staff has worked with the City Attorney and with the Sheriff's Captain to establish a program using the Senior Volunteer Patrol. Each Friday the Patrol will be furnished with a log of approved temporary signage for the up-coming weekend. As the Patrol members are in the commercial area on other business, they will observe temporary signage and log and photograph any violations they find. These logs and photographs will be used as the basis for subsequent enforcement action Code Compliance Officers. Sign ordinance provisions are always somewhat difficult to enforce and strong support from the Chamber of Commerce and the business community will be necessary to make this a truly successful effort. With that support, however, staff believes that this ordinance is enforceable and that it will result in a far more attractive commercial environment than we have been experiencing in recent years. ENVIRONMENTAL REVIEW This ordinance is not subject to CEQA. FISCAL IMPACT None PUBLIC NOTIFICATION AND CORRESPONDENCE In addition to standard distribution, notification was sent to the Chamber of Commerce, the automobile dealers' association, Garden Road Homeowners' Association, Green Valley Civic Association and Southwest Poway Homeowners' Association. RECOMMENDATION It is recommended that the City Council hold first reading and continue the public hearing to April 18, 1995 for second reading. JLB:JDF:RWQ:kls Attachments: A. Draft Ordinance B. Letter from Linda Richardson E:\CITY\PLANNING\REPORT~TEMPSIGN.AGN 4 of 12 MAR ~8 1995 ORDINANCE - AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING CHAPTERS 17.40 AND 17.26 OF THE POWAY MUNICIPAL CODE CONCERNING TEMPORARY SIGNAGE AND TEMPORARY USES 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: 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. "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." MAR 2 8 1995 ITEM 5 5 of 12 Special Event Signage Staff Recommendation Page 2 "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. 1. 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 ....... ~**~ .......... * ~ .... 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 I2 square feet per business frontage is permitted. I6. 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 company flaQ. ~lags shall be a maximum o~ five Section 17.40.190 ~ ........... Temp~:a~ s~qns. ~¢~ ..... cvcnt signs may be approved for a limitedpe~i'6'dof time as a means of pu6i"{~:i~:~:i:~' 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 special events such as attractions at the Poway Center for the Performing Arts, Poway Days, the rodeo and street fairs may be advertised on the community events kiosks provided b~ t~e City i~:~i~iji~ii!ilili6~iiiiiiii~i~!6iliiii~ I~AR ~ 8 1995 ITl~i~ 5 6 of 12 Special Event Signage - Staff Recommendation Page 3 To apply for approval of .... ~ ~F ..... cvent ~]~0~ signs, ~h'e applicant shall submit a letter to the Direc~ow 6f Planning Services which describes the pr~pose.d sign~6 by ~i ~!~ ~2~6~6~ and display dates. ~i~E6~ ~i=i::~view the request within fifteen ~ working days after receipt and ~l -~ ~ ~+~--~'~+~" to approve, approve with modification or deny the request. '7 of z~ MAR g8 1995 I'I~EM 5 Special Event Signage Staff Recommendation Page 4 Christmas ,,~ ......... Tree Lots Grand Promotiona Prcmctiona & Pumpkin Openings 1 Sales ! S:!C: Patches Consecutive Days 30 -1-6Ni~i~i 6 ~ I 8 of 12 ~AR ~ 8 1995 Special Event Signage Staff Recommendation Page 5 Christmas ,,~ ........ ~ Tree Lots Grand Promotiona n .... ~ ......... ona & Pumpkin Openings 1 Sales ! Sa!cs Patches Frequency 1 time I ..... ~ 6 ~, ~A season .... 0~ Banner~ ~ ...... yes yes yes yes and ball60'r~s on strings under three (3) feet in length Strings of outdoor lights yes yes~ yes yes .......... w ....... ~ ......... yes One on-site, freestanding special event sign (<32 square feet & _<8 feet high) yes yes~ ~e yes _ Ground mounted inflatable advertising devices yes yes~ ~ no Roof mounted inflatable no no ~ no advertising devices Strings of balloons no no ~e no [Search] lights yes no ~e no ~+ .... k~^~+ tO ~+,, & yes yes Pre ~ MAR g 8 1995 ITEM 5 9 of 12 Special Event Signage Staff Recommendation Page 6 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. D~. Religious, patriotic, historic, or similar displays or exhibits within yard, parking areas, or landscaped areas, subject to not more than ~y eight calendar days of display in any calendar year; 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; NAR ~ 8 1995 ITEi~ 5 .0 of 12 Special Event Signage Staff Recommendation Page 7 Outdoor display and sales located within commercially zoned properties not to exceed ,,qorc 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 writteh permission is granted by the property owner or business owner. The bins shall be kept in a neat and orderly manner; N~. 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; GM. Contractors' offices and storage yards on the site of an active construction project; Ga. Mobile home residences for security purposes on the site of an active construction project; ~.l of lz ~IAR 0~8 1995 Special Event Signage Staff Recommendation Page 8 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. MQ. 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. E:\CITY\PLANNING\REPORT\TEMPSIGN.ORD ~AR ~ 8 1995 ITEM 5 12 of 12 Copied for: City Council City Clerk JLB/JOF/RW-Q March ,O, ,99 R E C E IV E E ~ I !i 1995 Mayor and Councilmembers City of Poway CiTY OF POWAY P.O. Box 789 ClTY MANAGERS OFFICE Powoy, CA 92074-0789 Re: Sign Ordinance Dear City Council: I want to encourage you to support the proposed revisions to the City's Special Events Sig~age Provisions prepared by o task force of the Poway Chamber of Commerce. I think the changes are essential to ensure a viable Poway business community and to show good faith to Poway's merchants that the Council is concerned for our economic well-being. An at:ractive bu~siness center for the city is as important to b~sinesses as it is to the city's residents, and I thing the revisions provide adequate protection of the city's ambiance while allowing businesses to make o reasonable profit. Please show your concern for £oway's businesses by voting in favor of 1:he revisions. Ve~ truly yours, Linda Richardson C.F. Pomcr~do. Inc. M~,R 2 8 1995 I'[EM 13000 G~/g Street, Pow'a}', California 92064 Telephone (619) 486-2052 FAX (619) 486-3021