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Item 6 - Second Reading Ordinance 443 _ AGENDA REPORT SUMMARY TO: Honorable Mayor and Members of the £ity Council A FROM: James L. Bowersox, City Mana~) INITIATED BY: John D. Fitch, Assistant City~l~anager~- Marjorie K. Wahlsten, City Clerk~q~ DATE: April 18, 1995 SUBj-EC'r: Ordinance No. 443 - Second Reading ABSTRACT On March 28, 1995, the City Council introduced and had the first reading on Ordinance No. 443 - "An Ordinance of the City of Poway, California, Amending Chapters 17.26 and 17.40 of the Poway Municipal Code Concerning Temporary Uses and Temporary Signage." Staff recommends adoption. ENVIRONMENTAL REVIEW This ordinance is not subject to CEQA. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powa¥ News Chieftain prior to first reading of the ordinance. RECOMMENDATION If the City Council desires to adopt, read title and waive further reading of the Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll call vote). ACTION 1 of 10 APR181995 rrEM 6 CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~) INITIATED BY: John D. Fitch, Assistant City Manager~1 Marjorie K. Wahlsten, City Clerk DATE: April 18, 1995 SUBJECT: Ordinance No. 443 - Second Reading BACKGROUND On March 28, 1995, the City Council introduced and had the first reading on Ordinance No. 443 - "An Ordinance of the City of Poway, California, Amending Chapters 17.26 and 17.40 of the Poway Municipal Code Concerning Temporary Uses and Temporary Signage." Staff recommends adoption. FINDINGS It is in order to have the second reading and adopt this Ordinance. FISCAL IMPACT None. ENVIRONMENTAL REVIEW This ordinance is not subject to CEQA. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF Notice was published in the Powav News Chieftain prior to the first reading of the Ordinance. RECOMMENDATION If the City Council desires to adopt, read title and waive further reading of the Ordinance by unanimous vote. Pass motion closing public hearing and adopting (roll call vote). Attachment: 1) Ordinance 2 of 10 APR 1 8 1995 ORDINANCE No. 443 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING CHAPTERS 17.26 AND 17.40 OF THE POWAY MUNICIPAL CODE CONCERNING TEMPORARY USES AND TEMPORARY SIGNAGE 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: 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. DR. Religious, patriotic, historic, or similar displays or exhibits within yard, parking areas, or landscaped areas, subject to not more than ~]~ eight calendar days of display in any calendar year; 3 of 10 APR lB 1995 ITEM 6 Ordinance No. 443 Page 2 E~:~?~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; Outdoor display and sales located within commercially zoned properties not to exceed mcrc 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 written permission is granted by the property owner or business owner. The bins shall be kept in a neat and orderly manner; 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; F~. Contractors' offices and storage yards on the site of an active construction project; Mobile home residences for security purposes on the site of an active construction project; 4 of 10 APR 18 1995 ITEM 6 Ordinance No. 443 Page 3 GE. 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. 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. 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. 5 of 10 APR 1 8 1995 ITEM 6 Ordinance No. 443 Page 4 "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." "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. I. 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, arc ~ .......... ~sw~,..,~,,~,,~ 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 12 square feet per business frontage is permitted. 16. 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 compan~ flag. Flags shall be a maximum of five feet ~ eight feet ~!~iiiiii~!~!~!i!iiii~ii!ii~i~i~i~!i!!~6iiii~i!i~66~ Section 17.40.190~.~.¢"~-~*~ cvcnt ~ siqns. ~ ........... ~empo~ar~ signs may be approved for a limite~"~6~i~6d"'of time as a means of 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 soecial events such as attractions at the Poway Center for the Performing Arts, Poway Days, the rodeo and street fairs ~a~ be ~d~ertised on the communit~ events kiosks ~rovided by the City ?":' ~?~'~>"'~' 6 of 10 APR181995 ii'EM 6 Ordinance No. 443 Page 5 ova/~ To apply for approval of~,;&l ~.~,,~ t~ signs, the applicant shall submit a letter to the Direct6r 6f Planning Services which describes the proposed sign~O by means Of and ~hich i hdiE~ the di spl ay dates. Th6 'D~6~ :'6~ Pl~Hning se~iEes ~hj:~i::~:6:view the request within fiftccn t~ working days after receipt and ~'~I -~1.~ ~.~. ~ ............ & ....... ,,,,,,~,~,, approve, approve with modification or deny the request. banners may:.:no~be in]f3uOr~cent=color~. Bannec~ ~ha3.1'~ be:. attached 5?]::.:]]::-:Adverti siSq Ki:oS~?:: ::~ As para:of a. C0morehensive' S~g~ ~Yogram; City Council. may:.approve a structure'des~gnated for 'the display 6~ a ]imited.nUmber:of?:temporary s:~gns.by businesses in :~he cente~; The fotloWi:n~:?:~e~Ul~io~s :~hall': a~ply to Adve~tisihg Kiosks; ~ addition to any'specific conditions called Out i~ the Comprehensive Sign Program: a. ~e desig~ of the kiosk must be consistent With the desi'gn 0f the othem: free-standing signs in the centeF ~nd with the applicable design standards in the Poway Road Specific PlanL. b. K~osks may not exceed 8 ~n height nor 40 square feet in area. 7 of 10 'APR 1 8 t995 ITEM 6 Ordinance No. 443 Page 6 e:: E!OSE s an ~ern 8 of 10 APR 1 8 1995 ITEM Ordinance No. 443 Page 7 -- Christmas ,,,.~, :: :~ Tree Lots urand PrOmotiona )j& pumPkin Opening 1 sales Patches Consecutive Days 30 Frequency I time I p~.~ year ~ pcr yea~ 1 / ~:A season Fl~s, ~Banner~ ~c~nant~ yes yes yes yes and ba176'6~h~s on strings under three (3) feet in length Strings of outdoor lights yes ~'~ j~ .... yes ...... w ...... ~ lot ~l-~ In yes ye~ One on-site, freestanding special event sign (~32 square feet & 58 feet hi~h) yes yes~ ~ yes - Ground mounted inflatable advertisin~ devices yes Roof mounted inflatable no no ~ no advertisin9 devices Strings of balloons no no ~ no ~Search] lights yes no ~ no c.+~+.~ .... ' ~ttraction~ 9 of I0 APR 1 8 1995 ITEM 6 Ordinance No. 443 Page 8 EFFECTIVE DATE: This o~d~nance sha]] ~ake effect and be in force ~hi~ (30) days af~e~ ~he da~e o~ ~ts passage; and ~he C~y C~e~k of ~he City o~ Poway ~s hereby autho~ized ~o use summary publication p~ocedu~es pursuant ~o Government Code Section 36933 u~]izin9 ~he Poway News-Chieftain, a newspaper of 9ene~a] circulation published in the C~ty o~ Po~ay. ~n~oduced and ~irs~ read at a regular meeting of ~he City Counc~ o~ ~he C~ty of Powa~ he]d the 28~h day of Hatch 1995, and ~hereaf~er PASSED AND ADOPTED a~ a regular meeting of sa~d C~y Counci] held ~he day of , 1995, by ~he ~o]~owin9 ~o1] cai] vote: AYES: COUNC[LHEH~ERS: NOES: COUNG[ L~EHBERS: ABSTAIN: COUNC[LHEHBERS: ABSENT: COUNG[ L~E~BERS: Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk E:\CITY\PLANNING\REPORT\TEMPSIGN.ORD lo of lo APR 1 8 1995 ITEM 6 RECEIVED APR I 7 1995 CITY OF POWA¥ CITY CLERK'S OFFICE Dear City Council Member: I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Powa~, Chamber of Commerce. '1 think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. Yours truly, APR 3. 8 1995 ITEM RECEIVED APR 1 ? 199S C)TY OF POWA¥ CITY CLERK'S OFFIOE Dear City Council Member: '- I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commerce. [ think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. Yours truly, RECEIVED APR l '? 19q~ CITY OF POWAY CITY CLERK'S OFFICE Dear City Council Member: - I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commerce. I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. /~~///~~ Yours truly, CITy OF: POWAy Dear City Council Member: __ I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commerce. I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. Yours truly, - '----~-~-.~ E g E ~ V E D APR '~ ' le'"~ CiTY OF PoWAY ciTY CLERi~.'S OFFICE Dear City Council Member: - I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commeme. I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. - R~--~C E I V E D \ /~PR ~ '~ 19 Cl'l"! OF PoWA¥ CiTY CLERK'S OFFICE Dear City Council Member: I want to encourage you to suppo~ the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commerce. I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- ~rned for our economic well-being. An attractive business center for the city is as impo~ant to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. - RECEIVED APR 1 ? 1995 CITY OF POWAY CITY CLERK'S OFFICE Dear City Council Member: I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commerce. I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. Yours truly, RECEIVED APR 1 ? 1995 CITY OF PoWAY CITY CLERK'S OFFICE Dear City Council Member: I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commeme, I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. I think the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. Yours truly, _ - RECEIVED APR 1 ? 199'S CiTY OF POWAY L_ CITY CLERK'S OFFICE Dear City Council Member: I want to encourage you to support the proposed revisions to the City's Special Events Signage Provisions prepared by a task force of the Poway Chamber of Commerce. I think the changes are essential to ensure a viable Poway business commu- nity and to show good faith to Poway's merchants that the Council is con- cerned for our economic well-being. An attractive business center for the city is as important to businesses as it is to the city's residents. Ithink the revisions provide adequate protection of the city's ambiance while allowing businesses to make a reasonable profit. Please show your concern for Poway's businesses by voting in favor of the revisions. Yours truly, Same letter received 4-17-95 from: Sandra J. Fish - Corridor Mortgage Teresa Clark Victoria Lazowski - Buck Electric Lisa Lucidi - Hamburger Factory Kathy Kurz Ann Mitchell - 13894 Putney Meredith Campbell - First Interstate Bank, Poway Office Alice Kaminiski - Kaminiski Park Sports Bar & Grill Esther Handley - Poway Country Inn David Prewett - Century 21 Eagle Realty Susan Long and Jerry Long - Big Stone Lodge Duke Ayers - 15330 Vali Hai Rd. Claudia Gayhart - Pacific Bell Dale Koers, O.D. - 13616 Poway Rd. Rita Brooks - Anne Winton & Assoc. [ynell Comer - Massachusetts Mutual Arthur Skala, Mitchell Skala Barry Good - Serv. Pro