HomeMy WebLinkAbout12 - NB-1 - Changes to Temporary Sign Code/Policy - 1/5/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 5, 2016 ITEM NUMBER: NB -1
SUBJECT: CHANGES TO THE TEMPORARY SIGN CODE/POLICY
DATE: DECEMBER 18, 2015
FROM: DEVELOPMENT SERVICES, CODE ENFORCEMENT
PRESENTATION GARY ARMSTRONG, DIR. OF ECONOMIC & DEVELOPMENT/
BY: DEPUTY CEO
FOR FURTHER INFORMATION WILLA BOUWENS-KILLEEN, AICP
CONTACT: ZONING ADMINSTRATOR
714.754.5153
willa.bouwens-killeen@costamesaca.gov
RECOMMENDATION:
Provide direction to staff as to any changes City Council wishes to make to the existing
Sign Code or policy as it applies to all temporary signs, including political campaign signs.
Also direct staff on their participation in filming/video production of candidates' forums
and inclusion of such forums on the City's website.
BACKGROUND:
At the end of last year's election season, it was suggested that the City's Sign Code and
policy, as it pertains to temporary signs (which includes campaign signs but does not
distinguish between types of temporary signs) be reviewed for possible modifications
based on issues such as number of signs displayed throughout the City; overall cost to
remove the signs; and where the signs were placed.
During the November 2014 general election season, a total of 1,813 temporary/campaign
signs were removed. The majority were placed in public rights -of -ways outside the
permissible display time of Friday morning to Sunday evening. Experience with
temporary/campaign signs in 2012 led the Building Official to hire two contractors to
remove signs on Mondays and Tuesdays starting the last week of September and ending
the last week after the election; final cost for the contractors was $9,600.00.
Additional costs — albeit as part of regular staff salaries — were incurred: In-house staff
also removed signs when complaints were received on Wednesdays and Thursdays, and
the signs had to be stored and then disposed. (Code requires that campaign signs be
retained until after Election Day.)
Since that time the United States Supreme Court has made a ruling in the Reed vs. Town
of Gilbert case which impacts most cities' sign ordinances. The Court held that the Town
of Gilbert's sign ordinance amounted to a content based restriction on speech due to its
categorization of temporary, non-commercial signs into different types.
The ordinance included various restrictions on the size, location, and duration that
political, directional, and ideological signs could be displayed in the city. As such it was
determined that the ordinance was not content neutral. To avoid this, cities now need to
treat all temporary, non-commercial signs the same, irrespective of their nature including,
but not limited to, campaign and other political signs.
Additionally, concerns regarding City staff filming any of the candidates' forums and
placement of these forum recordings on the City's website has also been raised.
ANALYSIS:
Depending on the changes Council may wish to institute, processing of a Code
amendment will be required. As a starting point for this discussion, staff included three
options for Council to consider:
Option A:
Retain the existing Code and retrieval policy without change. (Existing standards listed
in the political sign "primer", attached as Exhibit "A".) However, as noted above, staff
believes that this approach is not consistent with the Gilbert decision; consequently, we
will likely need to revise the ordinance as a result of this decision.
Option 8:
Amend Code and policy to regulate all temporary, non-commercial signs in the same
manner. The City could place reasonable restrictions on the total permissible signage
per parcel, regulate the total time that temporary signs may be displayed, and prohibit or
otherwise regulate signs within the public right-of-way.
Option C:
Amend Code to:
• Allow some degree of flexibility for temporary signs to be posted shortly before the
election:
Add a provision that temporary signs be allowed to be displayed throughout the
City except in front of properties with I&R or I&R-S zones (includes public facilities
such as parks, schools, City Hall, and fire stations) but only for four weeks before
an election (they would not be removed after the weekend). An exhibit, showing
where the signs may be installed, could be prepared. While this type of provision
is most likely defensible under Gilbert, it has not been expressly approved of by
the Courts.
• Remove a Code provision that has not be enforced due to the impracticality:
Remove the 10 sign limit per issue.
• Encourage signs to be retrieved and recycled (rather than stockpiled for disposal
at the end of election season):
Staff suggest reducing the retrieval fee from $15 per sign to $10 per sign.
As to filming of candidate's forums, staff and the City Attorney would also recommend
that City staff be directed to not participate in the filming or video production of any
candidates' forums and that such forums recordings not be placed on the City's website.
Staff feels that with the new technology available today there are many alternatives and
options available for City residents to view the various forums without involvement of City
staff.
WILLA BOUWENS-KILLEEN, AICP
ZONING ADMINISTRATOR
GARY ARMSTRONG, AICP
ECONOMIC DEVELOPMENT AND
DEVELOPMENT SERVICES
DIRECTOR / DEPUTY CEO
ATTACHMENTS: 1 — Political Sign "Primer"
2 — Article 6 Political Campaign Signs/Portable signs within public
right-of-way
cc: Chief Executive Officer
Assistant Chief Executive Officer
Director of Economic & Development / Deputy CEO
City Attorney
Public Services Director
Transportation Svs. Mgr.
City Engineer
City Clerk (9)
Staff (7)
File (2)
ATTACHMENT
0 0 l ' 1/
Political versus Portable Signs
Political Portable
Commercial/Industrial
Private property
Permitted
Prohibited
Size and height
5 sq.ft. in area maximum in
5 sq. ft./3 ft. high maximum
residential zones; no limits
Illegal banners will be required to be removed within 10 days of receipt
commercial/industrial zones. No
of complaint
On-site signs (not portable —
height limitations
One per street frontage
Public property
Under portable sign regulations
Landscaped parkways only, 6
estate signs)
Removed within 10 days after
a.m. Friday to 6 p.m. Sunday
the election
only but not next to public
Identification on signs required
facilities
Placement
Not placed or posted on any
Not affixed to traffic control
public property or utility pole
devices, gov't signs, light
except as allowed under portable
standards, utility poles, bus
sign requirements; otherwise
shelter or other structures, posts,
only restriction is that they cannot
fences, shrubs, or trees
obstruct visibility to
edestrian/vehicular traffic
Identification on signs
Required
Required
When permitted
During election season; to be
Throughout the year
removed within 10 days after the
election
Statement/permit required
Yes
No
*Unless approved under Planned Signing Program, portable signs are prohibited except for weekend placement in
public rights -of -ways; political signs may be placed in public right-of-way as permitted for portable signs
Other Regulations
Residential
Commercial/Industrial
Banners
Same requirements as for underlying zone but no permit required
Placed only on building or freestanding sign
Identification required on signs
Removed within 10 days after the election
Illegal banners will be required to be removed within 10 days of receipt
of complaint
On-site signs (not portable —
One per street frontage
One per street frontage
considered same as real
5 sq.ft. max./6 ft. high max.
32 sq.ft. max./12ft. high max.
estate signs)
Removed within 10 days after
Removed within 10 days after the
the election
election
Identification on signs required
Identification on signs required
7.7.14
—4—
• ARTICLE 6. - POLITICAL CAMPAIGN SIGNS
• Sec. 13-123. - Political campaign signs.
(a)
(b)
(c)
(d)
(e)
ATTACHMENT
Any person, party, entity, or group posting political campaign signs within the boundaries of the city
shall first file a statement with the city clerk designating the person or entity responsible for posting the
political campaign signs in the city and liable for the estimated actual cost of removal of the political
campaign signs to ensure compliance with the provisions of this article, and such statement shall certify
to the city clerk that consent has been obtained from the owners, lessees or occupants of nonpublically
owned real property prior to placement of political campaign signs thercon. Only one (1) political
campaign sign statement is required of any patty or group, regardless of the number of individuals
posting signs on its behalf.
All political campaign signs shall be removed not later than ten (10) days following the date of any
election to which they pertain, if any.
No political campaign sign shall be placed or posted on any public property or utility pole, except on or
within a public right-of-way pursuant to the provisions of section 13-123.5, Portable Signs within Public
Right -of -Way.
No political campaign sign shall be lighted, either internally or externally.
No political campaign sign shall be placed in a manner that would obstruct visibility to pedestrian or
vehicular traffic.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-10, § 5, 7-19-99)
• ARTICLE 6.5 -PORTABLE SIGNS WITHIN PUBLIC RIGHT-OF-WAY
• Sec, 13-123.5. - Portable signs within public right-of-way.
(a)
Standards. A portable sign may be placed on or within the public right-of-way without a permit,
provided it complies with the following requirements:
(1)
Size and height. The maximum size shall not exceed five (5) square feet and the maximum height
shall not be more than three (3) feet above grade.
(2)
(3)
Identification. The owner of the sign(s) shall affix its name, address and telephone number to the
sign prior to installation of the sign.
Location. The location for installation of a portable sign within the public right-of-way shall be
subject to the following:
a.
The sign may be placed in any landscaped parkway but not within the center median of any
street or highway. Tree wells shall not be considered a landscaped parkway for the purposes
of this section;
b.
—5—
(5)
(6)
(b)
The sign shall not overhang any street, curb, sidewalk, or driveway;
The sign shall not be within fifteen (15) feet of any fire hydrant;
The sign shall not be within fifteen (15) feet of the edge of any driveway nor within fifteen
(15) feet of any intersection of an alley, street, or highway, as measured from the midpoint of
the corner radius;
The sign shall not be placed within the public right-of-way, adjacent to any property zoned I &
R,orI & R -S;
The sign shall not be affixed to traffic control devices, government signs, light standards,
utility poles, bus shelters, or other structures, posts, fences, shrubs or trees.
Installation. The installation of the portable sign shall not cause damage to the public right-of-way;
Time period. A portable sign shall only be displayed during the time period between 6 a.m. on
Friday to 6 p.m. on Sunday of any week period.
Number. The total number of portable signs per owner or its agent pursuant to this section shall not
exceed ten (10) signs in the city at any one (I ) time.
Crcelvions. The requirements of this section shall not apply to a portable sign with a total area of not
more than five (5) square feet that is carried by a person within the public right-of-way unless prohibited
by section 13-I 12,
(Ord. No. 99-10, § 6, 7-19-99)
I=