HomeMy WebLinkAbout2007/10/16 Item 3
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ORDINANCE NO. ~~ ~O'("
ORDINANCE Of THE CITY Of ~~~ VISTA
ALLOWING THE TEMPO~~CEMENT Of
PORTABLE SIGNS IN DE$'MATED 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
WHEREAS, on August 8, 2007, the Planning Commission voted
unanimously to recommend passage of the proposed ordinance to the City
Council.
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Ordinance No.
Page 2
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NOW, THER'EFORli, THE CITY COUNCIL of the City of Chula Vista does
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hereby ordain as follows: "". "'.,
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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
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
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Ordinance No.
Page 3
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
devices shall be maintained in good condition at all times
and shall be constructed out of quality weather resistant
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Ordinance No.
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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.
(c) In such a manner as to obstruct the view of any
official public sign.
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Ordinance No.
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(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 stoplbench, 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.
U) 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
or moved to a location that violates any portion of this or any other applicable
section of the Chula Vista Municipal Code.
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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
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Ann Moore
City Attorney
James D. Sandoval
Director of Planning and Building
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