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
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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:
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~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
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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
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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~
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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.
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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
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Special Event Signage
Staff Recommendation
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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
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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;
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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.
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Copied for:
City Council
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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