HomeMy WebLinkAbout2006/11/07 Item 7
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date:
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11107/06
SUBMITTED BY:
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465-
02 ("SIGNS ON PUBLIC PROPERTY") TO ADD PROVISIONS
FOR TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS
Dire"", OfPI7 md B",ldin~
City Manager ;;1 (4/5ths Vote: Yes _No ~
ITEM TITLE:
REVIEWED BY:
This report proposes an amendment to existing City Council policies regarding signs on public
property, to add an additional permitted category of Temporary Regional Center Directional Signs.
This provision would respond to a need which has arisen to provide residents and visitors the
means to easily locate regional-serving commercial centers from access points at Interstate 805,
in an attractive and safe manner, prior to and for one year after the opening ofSR 125.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution which would add section
IX, "Temporary Regional Center Directional Signs," to Council Policy 465-02
BOARDS/COMMISSIONS RECOMMENDATION:
None.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has determined that the proposed activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines and, therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
DISCUSSION:
The opening of SR 125 is several months away. In the mean time, at least two regional-serving
centers could benefit from clear and aesthetically-pleasing directional signs to lead shoppers from
existing access points at 1-805: Eastlake Design Center and the Otay Ranch Town Center mall.
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Page 2, Item:_
Meeting Date: 11 /07/OIi
In light of this, staff proposes amendments to the City's existing policy regarding signs on public
property, to allow for issuance of permits for temporary directional signs from I-80S to the
commercial centers ofthe SR 125 Corridor. Staff proposes that these signs be subject to an
administrative approval, similar to that employed for the existing' subdivision directional kiosk
program. Staff conceives of allowing the placement of signs meeting the following conditions
and criteria:
I. That they be temporary - Since the need for directing traffic is based on the existence of
commercial centers designed to serve the SR 125 corridor, the proposed time period would
end one year after the highway opening.
2. That there be assurance of their removal upon expiration - This should be reflected in the
design, construction and cost of the sign and should be enforced by a bond for removal.
3. That they meet design, safety and engineering standards - This would be assured through
requirement of encroachment permits with additional conditions from Engineering, and
building permits as applicable from the Building division.
4. That they reflect the City's 'proprietary capacity for land in public control' - This would be
reflected by the City's logo being present on each of the signs.
DECISION-MAKER CONFLICTS:
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet ofthe boundaries of the property which is subject to this action.
FISCAL IMPACT:
Signs approved pursuant to the proposed program would be constructed, installed, maintained
and removed at the expense of the benefiting regional commercial center.
Att;:lr.hme:nt~
I. Council Policy 465-02 (8/19/2003)
2
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COUNCIL POUCY
CITYOFCHULA VISTA
SUBJECT: Signs on Public Property
POLICY EFFECTIVE
N1m1BER DATE
PAGE
ADOPTED BY: Resolution2oo3-372
465-02
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08/19/2003 1 of7
DATED: 08/19/2003
BACKGROUND
This Policy is part of the City's overall program for regulating and controlling signs within the City
limits. Regulation of the construction and placement of signs is an important duty of a governmental
entity. Such regulations promote aesthetics, safety, and commerce while at the same time ensuring that
the public can communicate their commercial and non-commercial messages. According to federal and
state law, the legal framework and extent to which the City can regulate signs differs depending upon
whether the sign is being placed on property owned or controlled by the City, or on private land.
Therefore, signs on City-owned or City-controlled property are regulated by the provisions contained in
this Policy. Signs on private property, and public property that is not owned or controlled by the City,
are regulated by Chapter 19.60 of the Municipal Code.
1. Proprietary Capacity; Changes to Policy
In adopting this policy, the City Council acts in its proprietary capacity as to Public Property
within the City. This Policy Statement may be changed by resolution at a properly noticed
meeting of the City Council.
II. "Si!(ll" and "Public Property" Defined and Intent as to Public Forum
For purposes of this Policy, a "sign" is any device, fucture, placard or structure, including its
component parts, which draws attention to an object, product, place, activity, opinion, person,
institution, organization, or place of business, or which identifies or promotes the interests of any
person and which is to be viewed from any public street, road, highway, right-of-way or parking
area.
"Public Property" means that land or other property owned by the City, or in which the City
holds the present right of possession or control, or land or other property which the City holds in
trust, as well as all public rights of way.
As it relates to the placing of signage on Public Property, the City declares its intent that all
Public Property in the City shall not function as a designated public forum, unless some specific
portion of Public Property is designated herein as a public forum of one particular type; in such
case, the declaration as to public forum type shall apply strictly and only to the specified area and
the specified time period, if any.
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SUBJECT: Signs on Public Property
COUNCIL POLICY
CITY OF CHULA VISTA
POLlCY
NUMBER
465,02
I::
DATED: 08/19/2003
EFFECTIVE
DATE PAGE
08/19/2003 20f7
ADOPTED BY: Resolution 2003-372
ill. Signs Must Be Permitted or Exempted
No sign may be displayed on Public Property, unless a Public Property Sign Permit has first been
issued, or the subject sign is expressly exempted from the Public Property Sign Permit requirement
by tbis Policy or another applicable Policy/Resolution.
Only those signs expressly allowed by this Policy (or another law) shall be eligible for a Public
Property Sign Permit.
Any sign posted on Public Property within the City, without a permit, without a decal showing
evidence of a permit, and/or contrary to the policies stated herein, may be summarily removed as
. trespass and a nuisance by the City. All issued Public Property sign permits must be consistent
with the policies stated herein.
N. Public Property Siim Permits: Application Forms and Procedures
The Director of Planning and Building Department shall prepare and make available to the
public a form for Application for a Public Property Sign Permit ("Permit"), wbich shall, when
fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for
placement of a sign. The applicant for the permit must be the same person or entity who is to be
the owner of the sign. The processing fee for each application, which shall not be refundable
even if the application is denied, .shall be the same as the fee for a sign permit under the Sign
Ordinance. To each application form shall be attached a copy of this Policy Statement.
Upon approval of an application, the applicant shall be issued a decal by the City, wbich shall be
affixed to the sign by the applicant, thereby signifying that use of the sign on Public Property has
been approved. Signs exempt from the permitting requirements of this Policy do not need such
decal. If the decal is lost, damaged, or otherwise illegible, the sign owner shall provide to the
Director the sign's approved application and ask for a new decal. After receiving the new decal,
the owner shall attach it to the permitted sign immediately.
Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the
City by simply informing the applicant of the nature of the error in issuance. Any applicant
whose permit is revoked as issued in error may, at any time thereafter, submit a new permit
application.
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SUBJECT: Signs on Public Property
COUNCIL POLICY
ClTY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE PAGE
ADOPTED BY: Resolution 2003-372
465-02
I ~.
08/19/2003 3 of?
DATED: 08/19/2003
The City retains its full discretion as to the issuance of the new permit, however applications
which fully comply with the terms and conditions of this Policy Statement shall be duly issued.
Applications which are denied, or permits which are revoked or suspended, may be appealed in
the same manner as denials of sign permits, as described in the Sign Ordinance.
V. Exemptions from Permit Requirement
The following signs are exempted from the Permit requirement: Traffic control and traffic
directional signs erected by the City or another govemniental agency; official notices required by
law; p placed by the City in furtherance of its governmental functions; other signs approved
pursuant to City Council action; and signs allowable under Paragraph VI of this Policy.
In addition, sign programs or specific plans approved by the City Council prior to adoption oflhis
Policy, which allow commercial signs to be placed on Public Property, are exempted from the
Permit requirement and may be continued pursuant to the previously adopted program or plan.
VI. Temporary Political. Religious. Labor Protest and Other Noncommercial Signs in Traditional
Public Forum Areas
In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons
may. display noncommercial message signs thereon without first obtaining a Public Property sign
permit, provided that their sign displayed on Public Property conforms to all of the following:
A. The signs must be personally held by a person, or personally attended by one or more
persons. "Personally attended" means that a person is physically present within five feet
of the sign at all times.
B. The signs may be displayed only during the time period of sunrise to sunset.
C. The maximum aggregate size of all signs held by a single person is 10 square feet.
D. The maximum size of anyone sign which is personally attended by two or more persons
is 50 square feet.
E. The displayed signs may not be inflatable or air-activated.
F. In order to serve the City's interests in traffic flow and safety, persons displaying signs
under this section may not stand in any vehicular traffic lane when a roadway is open for
use by vehicles, and persons displaying signs on public sidewalks must give at least five
feet width clearance for pedestrians to pass by.
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SUBJECT: Signs on Public Property
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
465c02
I '~
EFFECTIVE
DATE PAGE
08/19/2003 4 00
DATED: 08/1912003
ADOPTED BY: Resolution 2003-372
If a person's noncommercial sign does not conform to A.-F. of this paragraph, the sign shall not
be allowed anywhere on Public Property.
Vll. Community Directional "Kiosk" Signs in Particular Locations
A. Intent as to Public Forum
The City's intent as to this section is to designate a strictly limited public forum, which
allows only the posting in convenient places of directional information regarding tract
housing developments which are currently selling ho,mes located within the City.
B. Purpose and Intent - Generally
This section is intended to permit off-site directional signs on Public Property necessary
to serve the people of Chula Vista by providing directional information so that residents
and visitors can easily locate residential subdivisions and master plan communities in an
attractive and safe manner consistent with the City's prohibition against off-site
advertising signs or displays. A community directional kiosk sign is a sign installed and
maintained according to the provisions of this Policy.
C. Kiosk Signs for New Tract Housing Developments
Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height,S feet
in width, which contain modular information strips, not exceeding 10 inches in height, 5
feet in width, providing information about master plan communities and residential
subdivisions (of more than 20 units) which are currently selling new homes located
within the City. Such signs may display only the following information: the name of the
development, deveLoper and/or marketer thereof, and the direction to the development
from the sign.
D. Kiosk Sign Plan
An integral component of the overall kiosk sign program is the adoption of a sign plan
specifying the details of the design of the kiosk structure and associated sign panels. The
location, number of signs, number of panels, design, color, copy, lettering, spacing, area
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COUNCIL POllCY
CITYOFCHULA VISTA
~
SUBJECT: Signs on Public Property
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution2oo3-372
46S-r . ~..
08/19/2003 50f7
DATED: 08/19/2003
and dimension of the signs and panels shall be specified within the Kiosk Sign Plan. The
Director of Planning and Building shall develop and approve said sign plan.
E. Pldmuustration
The Community Directional Kiosk Sign Plan shall be administered by the Director of
Planning and Building for the City, or at the Director's option, the Director may designate
another entity (public or private) to administer the construction, installation, maintenance,
management or removal of kiosk structures and signs and leasing of sign space on the
kiosks in accordance with the following sign approval provisions and the Kiosk Sign
Plan. When management of the kiosks is assigned to another party by contract, such
contract shall include provisions requiring that party to be responsible for enforcement of
this Policy. .
The Director of Planning and Building shall establish any permit processing costs of
signs mounted on kiosk structures.
F. Sign Plpproval- Kiosks Structures and Directional Signs on Kiosk Structures
1. Kiosks Structures. One kiosk design as specified in the Kiosk Sign Plan shall be
utilized throughout the City. Prior to construction or installation of kiosk
structures, the sign program administrator shall receive Planning and Building
Director approval to ensure compliance with the following provisions:
a Locations. Kiosk structures shall be located on Public Property at various
points throughout the City as specified in the Kiosk Sign Plan.
b. Construction. Plll kiosks shall be constructed or cause to be constructed by
the designated sign program administrator in accordance with the design
in the Kiosk Sign Plan. There shall be no additions, tag signs, streamers,
devices, display boards, or appurtenances added to the approved kiosk
structure.
c. Installation. All structures shall be installed consistent with the Kiosk Sign
Plan so no hazard to pedestrian or vehicular traffic will result.
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COUNCIL POLICY
ClTYOFCHULA VISTA
SUBJECT: Signs on Public Property
POLICY EFFECTIVE
NUMBER DATE PAGE
465.02 08/1912003 600
I:' DATED: 08/19/2003
ADOPTED BY: Resolution 2003-372
d. The location and number of directional signs approved for each eligible
user shall be det=ined by the size and location of the subdivision or
master plan community, and the demand for and availability of space on
each kiosk.
e. Each kiosk will have .the "City of Chula Vista" displayed in a prominent
location on the sign.
2. Directional Signs on Kiosk Structures. Prior to construction and installation of
directional signs on kiosk structures, the designated sign program administrator
shall receive Planning and Building Director approval of directional signs to
ensure compliance with the Kiosk Sign Plan and the following provisions:
a. Users eligible to display community directional signage On approved kiosk
structures shall be limited to master plan communities and residential
subdivisions exceeding 20 lots,
b. Directional signs shall not be approved on kiosk structures which have no
available space on the date the sign is requested.
b. A neighborhood shall not be allowed any directional kiosk signs if there
are any other offsite signs advertising the housing development anywhere
in the City. If any un-permitted or illegal advertising signs are erected and
not promptly removed upon demand by the city, all kiosk signs for that
subdivision shall be removed, the lease cancelled and no refund given.
c. No approval shall be given for directional panels on any kiosk structure if
the applicant has any prohibited off site signs advertising the subdivision
or master plan community anywhere within the City. If any advertising
signs are erected and not promptly removed upon demand by the City, the
City shall direct the administrator to remove all kiosk panels for that
subdivision and shall reqnire that any agreement between the
administrator and developer be canceled. Any developer whose
community or subdivision panels are removed due to failure to comply
with the terms of this section shall be prohibited from utilizing the
community directional kiosk program for a minimum of six months.
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Signs on Public Property
POLICY
NUMBER
465~02
I:
EFFECTIVE
DATE PAGE
08/19/2003 70f7
ADOPTED BY: Resolution 2003-372
DATED: 08/19/2003
d. Approved directional signs for residential subdivisions shall be permitted
until all lots or units within the subdivision or master plan co=unity are
sold or two years from the date of installation of the panel, whichever
occurs first, unless otherwise extended by the Director.
VIII. Signage Associated with use of Public Property for Special Events
When the City allows a special event on Public Property, sponsored by a private entity, the City
shall state only the time, place, manner and quantity of signage allowed, and leave decisions as
to which signs may be displayed as part of the event to the private party sponsor.
When the City itself sponsors a special event, Public Property may be used to promote and
identifY the special event, but co-sponsors, if any, shall be limited to commercial entities and
commercial sign messages only. A Public Property Sign Permit is not required for entities
participating in a City-sponsored special event (including the City or Redevelopment Agency).
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RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465-02
("SIGNS ON PUBLIC PROPERTY") TO ADD PROVISIONS FOR
TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS
WHEREAS, on August 19,2003, the City Council adopted modifications to various
portions of Title 19 of the Chula Vista Municipal Code relating to sign regulations; and,
WHEREAS, on August 19, 2003, the City Council, pursuant to Chu1a Vista
Municipal Code section 2.04.010, also adopted Policy 465-02, "Signs on Public Property";
and
WHEREAS, the City Council found that the adoption of the regular sign ordinance
and the City Council policy would provide clear guidance to staff and the public on how
signs will be treated on both public and private property; and,
WHEREAS, regional-level shopping districts have been opened easterly of SR-125,
in advance of the opening of that route to through traffic; and,
WHEREAS, a need has arisen to provide residents and visitors the means to easily
locate regional-serving commercial centers from access points at Interstate 805, in an
attractive and safe manner; and,
WHEREAS, Chula Vista Municipal Code section 2.04.010 provides that the City
Council may adopt policies by resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby adopt Attachment A, adding section IX, "Temporary Regional Center
Directional Signs," to Council Policy 465-02.
Submitted by
Approved as to form by
James D. Sandoval, AJCP
Planning and Building Director
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Attachment A
IX. Temporary Regional Center Directional Signs
A. Intent as to Public Forum
The City intent as to this section is to designate a strictly limited public forum, which
allows only the posting in convenient places of directional information regarding
commercial centers near the SR 125 Corridor during the penod leading up to the opening
of SR 125 and extending one year thereafter.
B. Propose and Intent - Generally
This section is intended to permit off-site directional signs on Public Property necessary
to serve the people of Chula Vista by providing directional information so that residents
and visitors can easily locate regional-serving commercial centers within the SR 125
Corridor from access points at Interstate 805, in an attractive and safe manner. A
temporary regional center directional sign is a sign installed and maintained according to
the provisions of the Policy.
C. Temporary Regional Center Directional Signs
Temporary regional center directional signs are freestanding structures not exceeding
eight (8) feet in height and five (5) feet in width, containing the name, distance and
direction to a regional commercial center within the SR 125 Corridor of the City of Chula
Vista. All temporary regional center directional signs shall be removed not later than one
year after the opening ofSR 125 to through traffic. Each sign shall have the "City of
Chula Vista" displayed in a prominent location on the sign.
D. Temporary Regional Center Directional Sign Plan
Temporary regional center directional signs must be accompanied by a sign plan
specifying the details of the design of the sign structure and the location, number of signs,
design, color, copy, lettering, spacing, and dimensions of the signs. The Director of
Planning and Building and the Director of Engineering shall be the approving authority
for temporary regional center directional sign plans.
Prior to approving the construction or installation of temporary regional center directional
signs, the Planning and Building Director and the Director of Engineering shall affirm
that the following conditions have been met:
I. Location. The temporary regional center directional signs shall be located on
Public Property within the rights-of-way of Olympic Parkway or Telegraph
Canyon Road I Otay Lakes Road, easterly of Interstate 805, as specified on an
approved sign plan.
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2. Construction. All temporary regional center directional signs shall be constructed
in accordance with specifications on an approved sign plan, subject to the review
and approval of the Building Official and, where applicable, subject to the
issuance of a building permit.
3. Installation. All temporary regional center directiop.al signs shall be installed in
accordance with specifications on an approved sign plan, subject to an
encroachment permit issued by the Director of Engilieering. In addition to
criteria, standards and conditions applied to encroachment permits in general,
encroachment permits for temporary regional center directional signs shall
include the following conditions:
a. That the signs shall be removed not later than one year after the opening of
SR 125 to through traffic; and,
b. That, in addition to general encroachment permit requirements regarding
removal, the signs shall be removed upon 30 days notice at the discretion
of the City of Chula Vista; and,
c. That, in addition to general encroachment permit requirements regarding
indemnification, the applicant agrees to, at the discretion of the City of
Chula Vista, defend the City in any legal challenge to the adoption of this
policy; and,
d. That, in addition to general encroachment permit requirements, the sign
installer shall provide proof of contractor insurance of a type, amount and
nature satisfactory to the Director of Engineering.
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