HomeMy WebLinkAbout16-04 Political Campaign SignsORDINANCE 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 six 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
Ordinance No. 16-04 Page 1 of 6
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:
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.
Ordinance No. 16-04 Page 2 of 6
RESIDENTIAL ZONES
COMMERCIAL INDUSTRIAL INSTITUTIONAL
ZONES ZONES ZONES
NON-COMMERCIAL
PORTABLE SIGNS ON
5 sq. ft. maximum per sign with a maximum 6 -foot height above grade
PRIVATE PROPERTY
for signs affixed in the ground subject to the time periods set forth in
Section 13-123 (a)(5)
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.
Ordinance No. 16-04 Page 2 of 6
(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 maybe 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.
Ordinance No. 16-04 Page 3 of 6
(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 maybe 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
Ordinance No. 16-04 Page 4 of 6
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.
PASSED AND ADOPTFW thy5.2na day of August 2016.
James W,4W6imer, Mayor Pro Tem
APPROVED AS TO FORM:
Tho as Duart , City Attorney
ATTEST:
Brenda Green, City Clerk
Ordinance No. 16-04 Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above foregoing Ordinance No. 16-04 as introduced
and considered section by section at a regular meeting of said City Council held on the 5th
day of July, 2016, and thereafter passed and adopted as a whole at the regular meeting of
said City Council held on the 2"d day of August, 2016, by the following roll call vote:
AYES: COUNCIL MEMBERS: FOLEY, GENIS, RIGHEIMER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MONAHAN, MENSINGER
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 3'd day of August, 2016.
blli1 h- cy"
Brenda Green, tity Clerk
Ordinance No. 16-04 Page 6 of 6