HomeMy WebLinkAbout12 - PH-1 - Code Amendment CO-16-01 Amendment to Ti - 7/5/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 5, 2016
ITEM NUMBER: PH -1
SUBJECT: CODE AMENDMENT CO -16-01 - AMENDMENT TO TITLE 13, CHAPTER VIII, ARTICLES
2,6 & 6.5, POLITICAL CAMPAIGN SIGNS AND PORTABLE SIGNS WITHIN PUBLIC
RIGHT-OF-WAY AND TABLE 13-115 OF THE COSTA MESA MUNICIPAL CODE
DATE: JUNE 23, 2016
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: WILLA BOUWENS-KILLEEN/ZONING ADMINISTRATOR
FOR FURTHER INFORMATION CONTACT: WILLA BOUWENS-KILLEEN, AICP (714) 754-5153
willa.bouwens-killeen@costamesaca.gov
RECOMMENDATION
The Planning Commission recommends that City Council give first reading to Ordinance
16-04 to adopt Code Amendment CO -16-01 amending Costa Mesa Municipal Code Title
13 Chapter VIII, Signs.
BACKGROUND
On June 13, 2016, Planning Commission held a public hearing and recommended first
reading of the ordinance to modify provisions related to portable signs. The proposed code
amendment relates to the following:
• Create new definitions to distinguish between commercial and non-commercial
portable signs due to a recent United States Supreme Court ruling.
• Establish sign regulations specifying allowable time periods and installations for
commercial and non-commercial signs in the public right-of-ways.
At the City Council meeting of January 5, 2016, City Council gave direction to Staff to
proceed with modifications to Code, including specific parameters, regarding portable
signs. Additionally, since that time, the United States Supreme Court has made a ruling
in the Reed vs. Town of Gilbert, which impacts most cities' sign ordinances. The Court
held that the Town of Gilbert's sign ordinance was a content based restriction on speech
due to its categorization of temporary, non-commercial signs into different types.
Links to the staff report prepared for the June 13, 2016 Planning Commission as well as
the action report of the meeting (minutes will not be available until after the June 27,
2016 Planning Commission meeting) are provided below:
Staff report: http://www.costamesaca.gov/ftp/planningcommission/agenda/2016/2016-
06-13/PH-1.pdf
Action minutes:
http://www.costamesaca.gov/modules/showdocument.aspx?documentid=22144
ANALYSIS
The proposed code amendment includes the following changes:
New Definitions for Commercial and Non-commercial Portable Signs
Three sections are proposed to be amended, as well as the related definitions. First, as
contained under Costa Mesa Municipal Code Section 13-111, Portable Signs and Political
Campaign Signs will now be classified as Commercial Portable Signs and Non -
Commercial Portable Signs, respectively. This distinction is in response to the Reed vs.
Town of Gilbert, which also reflects the need for content neutrality.
Allowable Time Frames for Non -Commercial Portable Signs
The primary changes involve when and how long political campaign signs — now non-
commercial portable signs — can be placed. Based on City Council's direction in
January, non-commercial portable signs will still continue to be allowed to be placed in
public right-of-ways like commercial portable signs, but will also be allowed to remain in
place for a 4 -week period (staff now recommends a 6 -week window) before any
municipal, community, state or federal elections; basically, any election that directly
serves the residents of the City of Costa Mesa. Additionally, there is now a deadline for
removal of the non-commercial portable signs after an election; placement parameters
are also included for safety purposes.
Maximum Number of Non -Commercial Portable Signs
Also in response to City Council direction, the maximum number of non-commercial
portable signs has been removed. The limitation of 10 commercial portable signs
throughout the City at any one time has been retained.
Modifications to the Sign Regulations and Design Standards Table
Lastly, the table under Section 13-115 will need to be modified to replace references to
political campaign signs with the non-commercial portable sign terminology. Additionally,
a maximum height is proposed for portable signs proposed on private, residential
properties.
These new requirements should reduce the amount of staff time involved in the
enforcement of the political campaign signs as well as allowing the City's Sign Code to
comply with the Supreme Court's ruling.
PUBLIC NOTICE
Code requires publication of a display advertisement in the local newspaper (Daily Pilot) for
amendments to Title 13 Code Amendments. At the time of publication of this report, no
public comments have been received. Any correspondence will be forwarded to the City
Council under separate cover.
ENVIRONMENTAL DETERMINATION
The project has been reviewed for compliance with the California Environmental Quality
Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been
found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (general rule), in
that it can be seen with certainty that there is no possibility that the proposed amendment
to the Zoning Code will have a significant effect on the environment, as this regulation
affects only temporary signage, the revisions caused by the ordinance are technical, rather
than substantive in nature, and this ordinance authorizes that which is, for practical
purposes, nearly the baseline condition.
LEGAL REVIEW
The staff report and the draft ordinance have been reviewed and approved by the City
Attorney.
CONCLUSION
Adoption of the ordinance will allow compliance with the recent ruling by the United States
Supreme Court and will reduce the staff time expended to enforce rules on campaign
signs.
WILLA BOUWENS-KILLEEN, AICP
Zoning Administrator
Attachments: 1. Draft Resolution
2. Draft Ordinance
GARY ARMSTRONG, AICP
Economic Development & Development
Services Director/Deputy CEO
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADOPTING REVISED SIGN
GUIDELINES AND PARAMETERS FOR PORTABLE SIGNS
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, on January 5, 2016, City Council gave direction to Planning staff to
proceed with modifications to the Sign Code as pertains to portable signs; and
WHEREAS, on June 13, 2016, the Planning Commission held a public hearing
and recommended adoption of the modifications to portions of the existing Sign Code;
and
WHEREAS, adoption of the proposed modifications to portions of the existing
Sign Code will allow the City to comply with a recent ruling by the United States Supreme
Court regarding content neutrality for portable signs; and
WHEREAS, adoption of the proposed modifications to portions of the existing
Sign Code will reduce staff time expended to enforce rules on campaign signs; and
WHEREAS, a duly noticed public hearing was held by the City Council on July 5,
2016 with all persons having the opportunity to speak for and against the code
amendment and revised guidelines; and
WHEREAS, the project has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general
rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with
certainty that there is no possibility that the passage of this ordinance amending the
Municipal Code will have a significant effect on the environment.
BE IT RESOLVED that the proposed modifications to portions of the existing Sign
Code are hereby adopted as set forth in Exhibit A, attached hereto.
PASSED AND ADOPTED this day of
2016.
STEPHEN MENSINGER
Mayor of the City of Costa Mesa
ATTEST:
APPROVED AS TO FORM:
City Clerk of the City of Costa Mesa City Attorney
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, , City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above foregoing Resolution as introduced and
considered section by section at a regular meeting of said City Council held on the
day of , 2016, and thereafter passed and adopted as a whole at the regular
meeting of said City Council held on the day of , 2016, by the following
roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of )2016.
City Clerk
City Council of the City of Costa Mesa
ORDINANCE NO. 16-04
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA,
CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -16-
01 AMENDING TITLE 13, CHAPTER VIII, ARTICLES 2, 6 & 6.5,
POLITICAL CAMPAIGN SIGNS AND PORTABLE SIGNS WITHIN
PUBLIC RIGHT-OF-WAY AND TABLE 13-115
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: FINDINGS
The City Council finds as follows:
a. The City controls the rights of way within the city, and, as property owner, has
greater ability to regulate what speech may or may not occur in the right of way
than it does on private property.
b. The City could lawfully prohibit all temporary non-commercial and commercial
signage in the right of way.
c. In the four weeks prior to an election, there is a greater desire by the public to
place non-commercial signage in the city's right of way than in the period after
an election.
d. The city has significant interest in promoting traffic safety and protecting the
aesthetics of the community.
e. Especially in the four weeks prior to elections, the city incurs substantial direct
and indirect costs in enforcing strict regulations upon the placement of non-
commercial signage within the city's right of way.
f. The best way to balance the public's desire to place signage within the right of
way with the need for the city to promote community aesthetics and traffic
safety is to establish reasonable, content neutral time -place manner
restrictions which allow the public to place signage within the city's right of way
in the four weeks prior to an election.
g. This ordinance will revise the municipal code to better align the code with the
2015 U.S. Supreme Court case, Reed v. Town of Gilbert.
h. The ordinance is intended to treat all non-commercial portable signs in an
equal manner, regardless of the content of such signs.
i. The regulations established by this ordinance do not impermissibly infringe
upon speech as there are multiple alternate methods via which the public may
communicate including via signs placed on private property in a manner
consistent with applicable law.
SECTION 2: Title 13, Chapter VIII, Article 2, Definitions of the Costa Mesa Municipal
Code, is hereby amended as follows:
Commercial portable sign. Any sign which can be moved from place to place
which is not permanently affixed to the ground or to a building used for
commercial purposes. The term portable sign includes, but is not limited to, any
sign affixed to an automobile, truck, trailer, or other vehicle where such sign
solicits patronage to a specific business by means of parking such a vehicle
primarily for the purpose of advertising such business. The term portable sign
shall also include a sign posted in or on a vehicle parked on public or private
property without written consent of the property owner, advertising that vehicle for
sale.
Non-commercial portable sign. Any sign which can be moved from place to
place which is not permanently affixed to the ground or to a building which is not
used for commercial purposes. Examples of non-commercial signs generally
include, but are not limited to, signs that espouse a political or religious viewpoint,
and signs commenting on public official(s) or matter(s) of public discourse.
SECTION 3: Title 13, Chapter VIII, Table 13-115 ("Sign Regulations and Design
Standards"), is hereby amended as follows:
RESIDENTIAL ZONES COMMERCIAL INDUSTRIAL INSTITUTIONAL
ZONES ZONES ZONES
NON-COMMERCIAL 5 sq. ft. maximum per
PORTABLE SIGNS ON sign/maximum 3 foot Subject to Section 13-123.
PRIVATE PROPERTY height above grade
COMMERCIAL PORTABLE
SIGNS WITHIN THE PUBLIC Subject to Section 13-123.5.
RIGHT-OF-WAY
SECTION 4: Title 13, Chapter VIII, Article 6, Political Campaign Signs, is hereby
amended as follows:
ARTICLE 6. PORTABLE SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY
Sec. 13-123. NON-COMMERCIAL PORTABLE SIGNS
(a) Standards. A non-commercial 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 square feet
and the maximum height shall not be more than three feet above grade.
(2) Identification. The owner of the signs(s) shall affix its name, address,
and telephone number to the sign prior to installation of the sign.
(3) Location. The location for installation of a non-commercial 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. The sign shall not overhang any street, curb, sidewalk, or driveway;
c. The sign shall not be within 15 feet of any fire hydrant;
d. The sign shall not be within 15 feet of the edge of any driveway nor
within 15 feet of any intersection of an alley, street, or highway, as
measured from the midpoint of the corner radius;
e. The sign shall not be placed within the public right-of-way adjacent
to any property zone I & R, or I & R -S;
f. 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.
(4) Installation. The installation of the non-commercial portable sign shall
not cause damage to the public right-of-way.
(5) Time Period. In general, a non-commercial portable sign in the public
right-of-way shall only be displayed during the time period between 6
am Friday to 6 pm Sunday of any week period. However, during the six-
week period before any election of any level of federal, state, or local
government that directly serves the residents of the City of Costa Mesa,
non-commercial signs may be installed in the public right-of-way
regardless of the day or time. Such signs are to be removed no later
than 10 days following the date of such election.
(b) Exceptions. The requirements of this section shall not apply to a non-commercial
portable sign with a total area of not more than five square feet that is carried by a
person within the public right-of-way unless prohibited by Section 13-112.
SECTION 5: Article 6.5 of Chapter VIII of Title 13 of the Municipal Code is deleted, and
existing section 13-123.5, currently within Article 6.5, is moved to be within Article 6.
Section 13-123.5 is revised as follows:
Sec. 13-123.5 COMMERCIAL PORTABLE SIGNS WITHIN PUBLIC RIGHT-OF-
WAY
(a) Standards. A commercial 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 square feet and the
maximum height shall not be more than three feet above grade.
(2) Identification. The owner of the signs(s) shall affix its name, address, and
telephone number to the sign prior to installation of the sign.
(3) Location. The location for installation of a commercial 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. The sign shall not overhang any street, curb, sidewalk, or driveway;
c. The sign shall not be within 15 feet of any fire hydrant;
d. The sign shall not be within 15 feet of the edge of any driveway nor within
15 feet of any intersection of an alley, street, or highway, as measured from
the midpoint of the corner radius;
e. The sign shall not be placed within the public right-of-way adjacent to any
property zone I & R, or I & R -S;
f. 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.
(4) Installation. The installation of the commercial portable sign shall not cause
damage to the public right-of-way.
(5) Time period. A commercial portable sign shall only be displayed during the
time period between 6 am Friday to 6 pm Sunday of any week period.
(6) Number. The total number of commercial portable signs per owner or its
agent pursuant to this section shall not exceed 10 signs in the city at any one
time.
(b) Exceptions. The requirements of this section shall not apply to a commercial
portable sign with a total area of not more than five square feet that is carried by a
person within the public right-of-way unless prohibited by Section 13-112.
SECTION 6: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
CEQA Guidelines Section 15061(b)(3) (general rule), in that the City Council hereby finds
that it can be seen with certainty that there is no possibility that this ordinance will have a
significant effect on the environment as this regulation affects only temporary signage, the
revisions caused by the ordinance are technical, rather than substantive in nature, and this
ordinance authorizes that which is, for practical purposes, nearly the baseline condition.
SECTION 7: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 8: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 9: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post in the office of the City Clerk a certified copy of this Ordinance together with the
names and member of the City Council voting for and against the same.
ATTEST:
PASSED AND ADOPTED this day of
2016.
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Clerk of the City of Costa Mesa City Attorney
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, , City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 16- as
introduced and considered section by section at a regular meeting of said City Council
held on the day of , 2016, and thereafter passed and adopted as a whole
at the regular meeting of said City Council held on the day of 2016, by
the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2016.
City Clerk
City Council of the City of Costa Mesa