HomeMy WebLinkAbout2007/10/09 Item 4
CITY COUNCIL
AGENDA STATEMENT
OCTOBER 9, 2007, Iteml
ITEM TITLE:
ORDINANCE OF THE CITY OF
AMENDING THE DEFINITIONS
SECTIONS 19.60.060 AND 19.60.600 '_
CHULA VISTA
IN TITLE 19
SUBMITTED BY:
DIRECTOR
OF
PLANNING
AND
BUILDING f
REVIEWED BY:
CITY MANAGER
ASSISTANT CIT MANAGER S I
4/5THS VOTE: YES D NO 0
BACKGROUND
This item is being brought forward in conjunction with the proposal to establish a
program to regulate the temporary placement of portable signs in the public rights-of-
way. In order to facilitate the new program, amendments to CVMC sections 19.60.060
and 19.60.600 must be put in place to avoid contradictions. Additionally, it was
determined that the maximum height requirement established for "for sale" signs in
residential zones was antiquated and did not reflect current industry practice and standard
and the restriction limiting where a "for sale" sign can be placed on a residential property
was passed decades before the establishment of our newest neighborhoods and is overly
restrictive given the configuration of newer neighborhoods.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act [CEQA] and has determined
that there is not a possibility that the activity may have significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) [General Rule] of the State
CEQA Guidelines the activity is not subject to CEQA.
RECOMMENDATION
Council adopt the ordinance.
4-1
October 9, 2007, Item~
Page 2 on
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission met on August 8, 2007, and unanimously voted to endorse the
establishment of a program allowing, and regulating, the temporary placement of portable
signs in the public rights-of~way and associated fees.
DISCUSSION
Upon review of the current regulations, it was determined that those regulations were
adopted approximately twenty years ago before the design and creation of Chula Vista's
newer neighborhoods. It was also determined these regulations were passed, in part, to
prohibit any signage in the public rights of way that might present a traffic or pedestrian
hazard, or which interferes with landscape and infrastructure and its maintenance.
Staff discussed the potential for allowing real estate agents the ability to use certain
portions of the public rights-of-way during designated days and times but felt there would
be issues with the unconstitutionality of regulating the content of such signs. It was
determined that if the City allows open house signs, it would be prudent to allow any sign
regardless of content, and apply restrictions regarding the placement of signs to meet the
needs of the City and public. A draft ordinance was presented to the City Attorney's
Office, Public Works Department, Engineering Department and the Planning and
Building Department. The draft places strict limits on the time, place and manner such
signs can be placed in the public rights-of-way and requires that an application and fee be
submitted to the City and a permit issued before any sign may be placed in the public
rights-of-way.
After further discussion, staff concluded that amending Chapter 19.60 to allow for
temporary placement of portable signs in the public rights-of-way would be beyond the
scope of the chapter as it addresses signage on private property. It was decided to
establish a new section within Title 12, Streets and Sidewalks, as it more appropriately
addresses encroachments and uses within the public rights of way.
In order to facilitate the new chapter in Title 12, additional definitions and language must
be added to Sections 19.60.060 Definitions and 19.60.600 Specialty Signs.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific, and consequently, the 500-foot rule found in California Code of
Regulations Section I 8704.2(a)(1) is not applicable to this decision.
FISCAL IMP ACT
None.
4-2
A TT ACHMENTS
1.
2.
Planning Commission resolution
Draft Ordinance allowing placement of Temporary Portable Signs
October 9, 2007, Item~
Page 3 of 3
Prepared by: Doug Leeper, Code Enforcement Manager, Planning and Building Department
H:\BLD~HSG\Code Enforc\Temp Signs in the PROW\Ciry Council Agenda Statement Amend 19.60.060 and 19.60.600,doc
4-3
RESOLUTION NO. PCA-08-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION 'RECOMMENDING THAT THE CITY COUNCIL
AMEND CHAPTER 19.60
WHEREAS, the City ofChula Vista has been approached by several concerned
residents; and
WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of
signs in the public right of way; and
WHEREAS, the City of Chula Vista may allow the use of its public rights of way
under ordinance and/or City Council Policy; and
WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title
12 Streets and Sidewalks to allow for the placement of temporary portable signs within
designated areas of public rights of way; and
WHEREAS, the adoption of an additional chapter to Title 12 will reqUire
amendments to Title 19 in order to be fully effective; and
WHEREAS, the Environmental Review Coordinator has determined that the
proposed ordinance amendment is exempt pursuant to Section 15061 (b)(3)(General Rule)
of the State CEQA Guidelines; and,
WHEREAS, the Planning Commission set the time and place for a hearing on the
proposed amendment and notice of the hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City as least ten days prior to
the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely
Augusta 8, 2007, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and after the item was heard and public comment received the
hearing was closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds as follows:
1. That well regulated and monitored temporary placement of portable signs in
designated portions of public rights of way can be of economic benefit to the
community. and
2, Temporary portable signs can be adequately regulated through a proactive code
enforcement program. and
A TT ACHMENT 1
4-4
3. Recommends that the City Council adopt the ordinance as shown in Attachment
"'A",
BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be
transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of August, 2007, by the following vote, to-
wit:
AYES:
Tripp, Felber, Moctezuma, Bensoussan, Clayton, Spethman
NOES:
ABSENT:
Vinson
ABSTENTIONS:
u ?J':n
-Bill Tripp, Chair'
Diana Vargas
Secretary to Planni
Commission
4-5
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ALLOWING THE TEMPORARY
PLACEMENT OF PORTABLE SIGNS IN
DESIGNATED PORTIONS OF PUBLIC RIGHTS-OF-
WAY
I. Recitals.
WHEREAS, the Chula Vista Municipal Code currently prohibits the
placement of signs in the public rights-of-way in order to protect aesthetics,
promote an orderly appearance, and prevent potential traffic hazards, safety
hazards and nuisances; and
WHEREAS, the City of Chula Vista has a substantial interest in protecting
the aesthetic appearance of the community by avoiding visual clutter and in
assuring safe and convenient traffic and pedestrian circulation on City streets;
and
WHEREAS, the City of Chula Vista has been approached by several
concerned residents who feel they are unable to adequately market their homes
via open houses because of the City's existing sign regulations; and
WHEREAS, the City of Chula Vista may allow the use of its public rights-
of-way under ordinance and/or City Council Policy; and
WHEREAS, in an effort to assist in the promotion of local businesses and
the sale of real estate within the City, this program permits placement of signs in
designated portions of the public rights-of-way during specified dates and times;
and
WHEREAS, the City of Chula Vista has proposed a new chapter be added
to Title 12, Streets and Sidewalks, to allow for the temporary placement of
portable signs within designated areas of public rights-of-way; and
WHEREAS, the strict limitations placed on the temporary placement of
portable signs in this ordinance will ensure that: (i) the City's interests in the
aesthetic appearance of the community and convenient traffic and pedestrian
circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the
City's risk is limited through an indemnification and insurance requirement; and,
(iv) the City's costs associated to administer and enforce the program will be paid
for by a permit fee; and
ATTACHMENT 2
H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8-23-Q7.doc
- 4-6
Ordinance No.
Page 2
WHEREAS, on August 8, 2007, the Planning Commission voted
unanimously to recommend passage of the proposed ordinance to the City
Council.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does
hereby ordain as follows:
1. That the proposed Temporary Placement of Portable Signs in Designated
Portions of Public Rights-of-Way ordinance be enacted as follows:
12.50. TEMPORARY PLACEMENT OF SIGNS IN DESIGNATED PORTIONS
OF THE PUBLIC RIGHTS-OF-WAY.
12.50.010 PURPOSE AND INTENT.
The purpose of this chapter is to allow limited placement of signs in the public
rights - of - way under clearly defined time, place and manner requirements
through the use of a permit process. The application and process will set forth
the rights and responsibilities of any individual or group that seeks to place signs
in the public rights-of-way.
12,50.020 AUTHORITY.
California Penal Code section 556 provides that signs may be temporarily placed
in public rights-of-way only after the person placing the sign in the rights-of-way
has received the lawful permission of the City by permit and in accordance with
the restrictions on signs set forth in this section. It shall be the responsibility of
the Director of Planning and Building or his or her designee to receive
applications and fees, issue permit stickers, and monitor the temporary
placement of portable signs.
12.50.030 DEFINITIONS.
For purposes of this chapter, the definitions found in chapter 19.60.060 apply.
12.50.040 PERMIT ISSUANCE.
A. Except for signs allowed under Section VIII of City Council Policy
465-02, no sign shall be placed within any portion of the public right-of-way
without first being issued a Temporary Public Right-of-Way Sign Permit from the
City of Chula Vista. To obtain a permit, the requestor/permitee shall:
1. Complete and sign an application form as required by the
Director of Planning and Building.
2. Indemnify and hold the City, its officers, employees, and
representatives harmless from all liability for damage or
claims for damage for personal injury, including death, and
claims for property damage, which may arise from the direct
H:\BLD HSG\Code Enforc\Temp Signs in the PROWlCOUNCIL PACKAGE 8-23-07.doc
- 4-7
Ordinance No.
Page 3
or indirect operations of the Permittees, agents, employees,
or other persons acting on the Permittees' behalf for all
damages and claims for damages suffered or alleged to
have been suffered by reason of the obligations referred to
in the Permit, regardless of whether or not the City approved
plans or specifications or inspected any of the signs erected
pursuant to this permit.
3. Provide proof of and maintain in force, policies or certificates
of insurance, of comprehensive public liability insurance in a
combined single limit amount of at least $1,000,000. Such
insurance shall be procured from an insurer authorized to do
business in California, shall provide primary and not excess
coverage, shall name the City of Chula Vista as additional
insured. Lapse of valid insurance shall immediately render
void any permit issued pursuant to this section.
4. Remit the permit fee. Permit stickers are issued on a
calendar year basis and are not prorated. The fee for the
permit shall be set by the City Council. Two permit stickers
numbered alike shall be issued for each fee paid so that a
permit is visible on each side of every sign.
B. Permits are issued to an individual, business, or group and shall not
be reassigned or transferred.
12.50.050 TIME, PLACE AND MANNER RESTRICTIONS.
Except for signs allowed under Section VIII of City Council Policy 465-02, all
Portable Signs are subject to the following conditions:
1. Size. The total face area of each sign shall not exceed
twenty-four (24) inches by twenty-four (24) inches in size.
Doubled-faced signs are considered a single sign and only
require one permit with a permit sticker placed on each side
of the sign.
2. Height and Width. The vertical distance measured from
ground level to the highest point of such sign or supporting
device and the width of the supporting device may not
exceed three (3) feet.
3. Type. Signs shall be portable, self-supporting, and of
sufficient weight that the sign remains upright and in the
same position for the entire time the sign is in the public
right-of-way. No portion of the sign or supporting device shall
be placed or driven into the ground. Signs and supporting
H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCI~ PACKAGE 8-23-07.doc
- 4-tl
Ordinance No.
Page 4
devices shall be maintained in good condition at all times
and shall be constructed out of quality weather resistant
materials normally used in professional signage. No
cardboard or paper signs are allowed.
4. Attachments. Signs and supporting devices may not contain
brochure boxes, tear off flyers/coupons, or any similar type
of attachment. No balloons, flags, pennants. or similar
devices may be attached to a sign or supporting device.
5. Identification. Signs must contain, in legible font, on an area
no less than two (2) inches by three and one-half (3%)
inches (business card size) the name, mailing address, and
contact phone number of the individual responsible for the
sign.
6. Permit sticker. Each sign placed in the public right-of-way
must have a valid permit sticker affixed to both sides of each
sign whether or not it is a double-faced sign.
7. Time. Signs shall only be displayed from Saturday at 6:00
a.m. through Sunday at 6:00 p.m. and on the listed City
observed holidays from 6:00 a.m. through 6:00 p.m.
January 1 (New Year's Day)
The third Monday in January (Martin Luther King Jr Day)
March 31 (Cesar Chavez Day)
The last Monday in May (Memorial Day)
July 4 (Independence Day)
The first Monday in September (Labor Day)
The second Monday in November (Veteran's day)
The third Thursday of November (Thanksgiving Day)
The day after Thanksgiving Day
December 25 (Christmas Day)
8. Location. No sign shall be placed, displayed, used or
maintained:
(a) On any sidewalk, walking path, bike lane, street,
roadway area, traffic circle, round about, or center
median or island area.
(b) On public rights-of-way adjacent to streets undergoing
active construction, repair, or maintenance including
landscape installation.
H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8-23-07.doc
- 4-9
Ordinance No.
Page 5
(c) In such a manner as to obstruct the view of any
official public sign.
(d) On any right-of-way if the location obstructs the safe
and convenient use by the public of any street,
sidewalk, or curbside parkway area.
(e) Within five (5) feet of the beginning of the curb return
of any intersections, whether the intersections have
marked or unmarked crosswalks.
(f) Within five (5) feet of a fire hydrant, private or public
driveway, traffic signal, traffic sign, USPS Mail
receptacle, community mail box, public trash
receptacle, designated bus stop/bench, or any other
bench on the sidewalk.
(g) On any traffic control signs or devices, street light,
utility, or communications standards or poles and any
of their supporting structures or equipment.
(h) In any manner that causes a visual obstruction to
traffic that may create a hazard to traffic and/or
pedestrians.
(i) In any manner that injures, damages and/or destroys
any plantings or vegetation within the right-of-way.
OJ Within eighteen (18) inches from the face of curb.
(k) On any public right-of-way adjacent to streets during
special events.
(I) In any City park.
(m) Within any vision clearance area as defined in CVMC
section 12.12.130.
12.50.060 RESPONSIBILITY.
For purposes of this section, and in accordance with California Penal Code
section 556.4, any and all information that appears on any sign, including, but not
limited to, name (business or individual), address, telephone number, or e-mail
address, may be used as evidence of responsibility for placement of a sign.
Permitees and non-permitees shall be responsible for monitoring sign placement
and shall be held responsible should any sign they are responsible for be placed
H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8.23.07.doc
- 4-10
Ordinance No.
Page 6
or moved to a location that violates any portion of this or any other applicable
section of the Chula Vista Municipal Code.
12.50.070 REMOVAL OF SIGNS.
Any sign installed, placed, displayed, maintained, or located in violation of this or
any other applicable section may be summarily removed by the City or its
contractors and discarded.
12.50.090 lOSS OR THEFT.
The City is not responsible for loss or theft of signs and/or permit. stickers.
12.50.090 VIOLATION/PENALTY.
Violations of this chapter are strict liability offenses regardless of intent. Any
person, firm, or corporation that violates any portion of this section may be
subject to prosecution and/or administrative enforcement under chapters 1.20
and 1.41.
12.050.100 APPEALS.
Any person aggrieved by any of the requirements of this section may appeal
insofar as such appeal is allowed under chapter 1.40.
II. Severability.
The City Council declares that should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences, or words
of this ordinance shall remain in full force and effect.
III. Effective Date.
This ordinance shall take effect and be in full force on the sixtieth day from
and after its second reading.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
H:18LD HSGICode EnforclTemp Signs in the PROWlCOUNCIL PACKAGE 8-23-Q7.doc
- 4-11
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE DEFINITIONS IN TITLE 19
SECTIONS 19.60.060 AND 19.60.600
I. Recitals.
WHEREAS, the Chula Vista Municipal Code currently prohibits the
placement of signs in the public rights-of-way in order to protect aesthetics,
promote an orderly appearance, and prevent potential traffic hazards, safety
hazards and nuisances; and
WHEREAS, the City of Chula Vista has a substantial interest in protecting
the aesthetic appearance of the community by avoiding visual clutter and an
interest in assuring safe and convenient traffic and pedestrian circulation on City
streets; and
WHEREAS, the City of Chula Vista may allow the use of its public rights-
of-way under ordinance and/or City Council Policy; and
WHEREAS, in an effort to assist in the promotion of local businesses and
the sale of real estate within the City, this section sets forth a limited opportunity
to place signs in designated portions of the public rights-of-way during specified
dates and times; and
WHEREAS, the City of Chula Vista has proposed a new chapter be added
to Title 12, Streets and Sidewalks, of the Municipal Code to allow for the
temporary placement of portable signs within designated areas of public rights-
of-way; and
WHEREAS, the strict limitations placed on the temporary placement of
portable signs in this ordinance will ensure that: (i) the City's interests in the
aesthetic appearance of the community and convenient traffic and pedestrian
circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the
City's risk is limited through an indemnification and insurance component, and;
(iv) the City's costs associated to administer and enforce the program will be paid
for by a permit fee; and
WHEREAS, the passage of the proposed addition to Title 12 will be in
conflict with existing language in Title 19 sections 19.60.060 and 19.60.600; and
WHEREAS, the height and placement restrictions on residential for sale
signs in Title 19 are outdated and do not reflect the current neighborhood
development or industry standards; and
4-12
WHEREAS, on August 8, 2007, the Planning Commission voted
unanimously to recommend passage of the proposed ordinance to the City
Council.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does
hereby ordain as follows:
1. That the proposed amendments be added to Title 19 sections 19.60.060
and 19.60.600 as follows:
19.60.060 Definitions.
"Balloon" means any rubber. plastic. Mvlar or other material
capable of beina inflated with air or other aas.
"Illegal sign" means: (a) any sign originally erected or installed
without first complying with all structural, locational, design,
building, and electrical regulations in effect at the time of its
construction or installation; (b) any sign that is not maintained, or is
not used to identify or advertise an ongoing establishment,
occupancy, product, good or service available on the site of the
sign for more than 90 days; (c) any unsafe sign; (d) any legal
nonconforming sign that has not been removed following the
expiration of the 15-year amortization period provided for in this
chapter; and (e) any sign that is in violation of the provisions of this
chapter m any sian that is in violation of 12.50 CVMC.
"Pennant" means any liahtweiaht plastic, fabric. or other material.
whether or not containina a messaae of any kind. suspended from
a rope, wire. strina. stick or pole whether individuallv or in a series,
desianed to move in the wind and draw attention to a sian. place,
product and/or event
"Streamer" see pennant
"Temporary Public Riaht of Way Sian Permit" means the official
self-adhesive serialized stickers. which contain the City 1000 and
appropriate calendar year issued bv the City under CVMC 12.50.
19.60.600 Specialty signs.
The signs described in this section are based on the legal use of
the land on a particular parcel.
C. Real Estate Signs. On any parcel or separately rentable
portion thereof, sign(s) pertaining to economic transactions
4-13
regarding the property (such as sale, rental, lease, exchange, etc.)
is allowed, subject to the land owner's consent and:
1. Maximum Sign Area. Commercial and industrial zones, 32
square feet; agricultural zones, 32 square feet for undeveloped
acreage of one acre or more, otherwise 4.5 square feet; residential
zones, 4.5 square feet.
2. Height, If Freestanding. No freestanding sign shall exceed
10 feet in height in any commercial or industrial zone or in the
agricultural zone for undeveloped acreage of one acre or more. In
all other zones, the maximum height shall be limited to ~ Q feet.
3. Number of Signs. Through lots shall be allowed one sign
on each street. Corner lots shall be permitted one sign only.
4. Setback. Freestanding signs shall maintain :3 10 foot
setback from all property lines not violate the Vision clearance -
Intersection requirements in CVMC 12.12.120 and/or the Vision
clearance - Drivewav requirements in CVMC 12.12.130.
5. Vacancy Signs. Real estate signs reflecting the vacancy
status and availability of commercial or industrial space within a
structure designed for multiple occupancy, whether through rental,
sale or lease, shall be limited to a maximum sign area of 16 square
feet. Not more than one sign may be used facing a dedicated
street. The sign may be attached flat against the building or be part
of a permitted freestanding sign if designed to be part of said sign
and providing the total sign area does not exceed the area
permitted for the freestanding sign.
6. Location. On the property to which the sign pertains, or on
other private property with the consent of that property owner or as
permitted in CVMC 12.50.
7. Open House Signs - Special Rules. Off-premises
temporary real estate open house signs are allowed permitted
within all residential zones subject to:
a. No more than five off-premises open house signs shall
be allowed for each residential open house which occurs, except as
permitted in CVMC 12.50.
b. No more than one sign shall be allowed to be placed on
any interior parcel and no more than two on a corner lot (one per
street frontage).
c. Off-premises open house signs shall only be displayed
during daylight hours except as permitted in CVMC 12.50.
d. Signs shall be no larger than four square feet and shall
be located at minimum of three feet from the sidewalk or 10 feet
from the curb or edge of pavement, where no sidewalk exists
except as permitted in CVMC 12.50.
e. An off-premises temporary real estate open house sign
shall only be permitted in conjunction with an open house held for
the resale of one single-family residence.
4-14
f. Off-premises signs advertising the sale of more than
one lot or more than two dwellings constitutes a subdivision
directional sign subject to the regulations outlined in subsection
(E)(3) of this section.
g. Off-premises open house signs are prohibited within the
public right-of-way exceot as oermitted in CVMC 12.50.
II. Severability.
The City Council declares that should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences, or words
of this ordinance shall remain in full force and effect.
III. Effective Date.
This ordinance shall take effect and be in full force on the sixtieth day from
and after its second reading.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
~~~~\}
Ann Moore
City Attorney
H:IBLD_HSGICode EnforclTemp Signs in the PROWlCOUNCIL PACKAGE 9-4-07.doc
4-15