Item 8C 1 of 17 - PDF Free Download

MEETING DATE: January 27, 2016 PREPARED BY: Kathy Hollywood City Clerk DEPT. DIRECTOR: Kathy Hollywood DEPARTMENT: City Clerk CITY MANAGER: Karen P. Brust SUBJECT: Adoption of City Council Ordinance No. 2016-03, which, if adopted, would amend Encinitas Municipal Code (EMC) Chapter 2.16 titled, Campaign Regulations, to remove time limits for signs displaying political or other noncommercial messages, whereby the display of such signs is permitted at all times. Project No. 15-282 POD. RECOMMENDED ACTION: Adopt Ordinance No. 2016-03 titled, An Ordinance of the City of Encinitas amending Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code STRATEGIC PLAN: Updating the City s political and noncommercial sign regulations relates to the Community Planning focus area of the Strategic Plan by allowing for constitutionally-protected speech activities, which promotes civic engagement. FISCAL CONSIDERATIONS: Amending and implementing these regulations does not have a fiscal impact. Any routine code enforcement activity is already covered in the Planning and Building Department budget. However, the draft ordinance is the result of a settlement agreement of the lawsuit referenced below, and, if adopted, the settlement agreement would require the City to reimburse the ACLU for legal costs of $59,500. These costs are covered in the Risk Management Division budget. In the event the draft ordinance is not adopted, then the settlement of the lawsuit would be voided and the litigation would continue. BACKGROUND/ANALYSIS: Ordinance 2016-03 was introduced at the Regular City Council meeting held on January 13, 2016 and the agenda report from that meeting is attached. ENVIRONMENTAL CONSIDERATIONS: The proposed amendments to Chapter 2.16 of the EMC related to political or other noncommercial signs is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may 2016-01-27 Item 8C 1 of 17

have a significant effect on the environment, the activity is not subject to CEQA. The amendments remove time limits for political or other noncommercial signs, which do not increase the likelihood that more signs will be displayed throughout the City. Political and noncommercial signs are typically not permanently placed and there is no history of widespread, long-term placement of such signs in the City. Therefore this does not result in a change in visual effects. ATTACHMENTS: 1. Ordinance No. 2016-03 titled, An Ordinance of the City of Encinitas amending Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code 2. January 13, 2016 Agenda Report 2016-01-27 Item 8C 2 of 17

ATTACHMENT 1 ORDINANCE NO. 2016-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING AMENDMENTS TO CHAPTER 2.16, CAMPAIGN REGULATIONS, OF THE ENCINITAS MUNICIPAL CODE WHEREAS, the City Council conducted a Public Hearing on January 13, 2016 for the purpose of considering amendments to Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code to remove time limits for signs displaying political or other noncommercial messages, whereby the display of such signs is permitted at all times. WHEREAS, the City Council of the City of Encinitas makes the following findings with respect to the adoption of the following ordinance: WHEREAS, placing time limits on the use of political or other noncommercial signs or placing a limit on the number of such signs acts as a deterrent to the freedom of speech; and WHEREAS, the City of Encinitas wants to promote the freedom of speech; NOW, THEREFORE, the City Council of the City of Encinitas, California hereby ordains as follows: SECTION ONE: CHAPTER 2.16 (CAMPAIGN REGULATIONS) OF TITLE 2, ADMINISTRATION The title of Chapter 2.16 (Campaign Regulations) of Title 2, Administration of the City of Encinitas Municipal Code is hereby amended to read as follows: Chapter 2.16 CAMPAIGN REGULATIONS AND POLITICAL OR OTHER NONCOMMERCIAL SIGNS QUANTITY, TIMING AND DISPLAY AREA SECTION TWO: SECTION 2.16.040 (UNLIMITED POLITICAL AND/OR OTHER NONCOMMERCIAL MESSAGE SIGNS ELECTION TIME) OF CHAPTER 2.16 OF TITLE 2, ADMINISTRATION Section 2.16.040 (Unlimited Political and/or Other Noncommercial Message Signs Election Time) of Chapter 2.16 of Title 2, Administration of the City of Encinitas Municipal Code is hereby amended to read as follows: 2.16.040 Political or Other Noncommercial Signs Quantity, Timing and Display Area In addition to the signage otherwise authorized pursuant to the provisions of this Code, subject to the standards contained in this Section, an unlimited number of temporary signs displaying political or other noncommercial messages shall be permitted at all times and authorized per parcel with the property owner s permission. A. Residential uses in residential zones: for individual signs, the display areas shall not exceed 3 square feet (each side) with a maximum height of five feet; and, shall 2016-01-27 Item 8C 3 of 17

otherwise comply with Section 30.60.080 of this Code, except to the extent Section 30.60.080 is inconsistent with this Section. B. Nonresidential uses in residential zones: for individual signs, the display areas shall not exceed 32 square feet (each side) with a maximum height of eight feet; and, shall otherwise comply with Section 30.60.080 of this Code, except to the extent Section 30.60.080 is inconsistent with this Section. C. Nonresidential zones: for individual signs, the display areas shall not exceed 32 square feet (each side) with a maximum height of eight feet; and, shall otherwise comply with Section 30.60.110 of this Code, except to the extent Section 30.60.110 is inconsistent with this Section. D. This Section shall not create or establish the potential for legal nonconforming uses or vested rights related to the use or display of signage. SECTION THREE: INCONSISTENCIES. Any provision of the Encinitas Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION FOUR: SEVERABILITY. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. SECTION FIVE: ENVIRONMENTAL FINDING: The City Council, in its independent judgment, finds that the proposed amendments to Chapter 2.16 of the Encinitas Municipal Code related to political or other noncommercial signs is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The amendments remove time limits for political or other noncommercial signs, which do not increase the likelihood that more signs will be displayed throughout the City. Political and noncommercial signs are typically not permanently placed and there is no history of widespread, long-term placement of such signs in the City. Therefore this does not result in a change in visual effects. 2016-01-27 Item 8C 4 of 17

SECTION SIX : PUBLIC NOTICE AND EFFECTIVE DATE. This Ordinance shall take effect and be in force no sooner than thirty (30) days after its adoption by the City Council. Additionally, the City Clerk of the City of Encinitas is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Coast News, a newspaper of general circulation published in the City of Encinitas. This Ordinance was introduced on January 13, 2016. PASSED AND ADOPTED this day of, 20, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Kristin Gaspar, Mayor City of Encinitas, California ATTEST AND CERTIFICATE: I certify that this is a true and correct copy of Ordinance No. 2016-03, which has been published pursuant to law. Kathy Hollywood, City Clerk 2016-01-27 Item 8C 5 of 17

ATTACHMENT 2 MEETING DATE: January 13, 2016 PREPARED BY: Diane S. Langager Principal Planner DEPT. ACTING DIRECTOR: Manjeet Ranu, AICP DEPARTMENT: Planning and Building CITY MANAGER: Karen P. Brust SUBJECT: Public Hearing to consider the introduction of Draft City Council Ordinance No. 2016-03, which, if adopted, would amend Encinitas Municipal Code (EMC) Chapter 2.16 titled, Campaign Regulations, to remove time limits for signs displaying political or other noncommercial messages, whereby the display of such signs is permitted at all times. Project No. 15-282 POD. RECOMMENDED ACTION: 1. Receive the staff report; 2. Open the public hearing and receive and consider public testimony; and 3. Consider introducing draft Ordinance No. 2016-03 titled, An Ordinance of the City of Encinitas amending Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code as reflected in Attachment A for the reasons specified in the Agenda Report. STRATEGIC PLAN: Updating the City s political and noncommercial sign regulations relates to the Community Planning focus area of the Strategic Plan by allowing for constitutionally-protected speech activities, which promotes civic engagement. FISCAL CONSIDERATIONS: Amending and implementing these regulations does not have a fiscal impact. Any routine code enforcement activity is already covered in the Planning and Building Department budget. However, the draft ordinance is the result of a settlement agreement of the lawsuit referenced below, and, if adopted, the settlement agreement would require the City to reimburse the ACLU for legal costs of $59,500. These costs are covered in the Risk Management Division budget. In the event the draft ordinance is not adopted, then the settlement of the lawsuit would be voided and the litigation would continue. BACKGROUND: In response to a lawsuit served on the City on August 3, 2015, titled Stern v. City of Encinitas, the City Council directed staff to bring forward this draft ordinance for its consideration and possible adoption. If adopted, the draft ordinance would amend EMC Chapter 2.16 to authorize 2016-01-27 Item 8C 6 of 17

an unlimited number of temporary signs displaying political or other noncommercial messages per parcel with the property owner s permission at any time of the year. Given the new year, the number of the draft ordinance has been revised from 2015-18, as referenced in the public notice, to 2016-03. ANALYSIS: A. Existing Provisions 1. Election Time - The existing provisions of EMC Section 2.16.040 relate to Unlimited Political and/or Other Noncommercial Message Signs Election Time and does the following: Allows an unlimited number of signs displaying political and/or other noncommercial messages per parcel. Limits the display of such signs during the time period which begins 30 days prior to the election and ends 72 hours after the close of polls for the same election. Limits the display area for individual signs to a maximum of: o 32 sq. ft. for nonresidential zones o 32 sq. ft. for nonresidential uses in residential zones, and o three sq. ft. for residential uses in residential zones. Limits the height for individual signs to a maximum of: o eight feet for nonresidential zones o eight feet for nonresidential uses in residential zones, and o five feet for residential uses in residential zones. 2. Non-election Time During non-election time the existing provisions of EMC Section 30.60.080 for Residential Temporary Signs apply and EMC Section 30.60.080 for Nonresidential Temporary Signs apply and do the following: Residential Temporary two (double-sided) signs not to exceed three sq. ft. total for both signs Nonresidential Temporary - two (double-sided) signs not to exceed 16 sq. ft. total for both signs Additionally, the existing provisions of Section 30.60.050M which relate to Message Substitution also apply during non-election time, which stipulate that: B. Proposed Provisions Subject to the property owner s consent, any noncommercial message may be substituted, in whole or in part, for any legally existing commercial message or any legally existing noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. In addition, any unused allowance for signage may be used for temporary display of any noncommercial message;. The proposed amendments to EMC Section 2.16.040 are as follows: Removes time limits for signs displaying political or other noncommercial messages, whereby the display of such signs is permitted at all times. 2016-01-27 Item 8C 7 of 17

Cross references the application of EMC Chapter 30.60 for other regulations related to temporary signs such as location. Specifies that the provisions shall not create or establish the potential for legal nonconforming uses or vested rights related to the use or display of signage. The proposed amendments are set forth in the draft Ordinance (Attachment A ). Additionally, a strike-out/underline version of the proposed code amendments is provided in Attachment B to fully show the extent of the proposed revisions. ENVIRONMENTAL CONSIDERATIONS: The proposed amendments to Chapter 2.16 of the EMC related to political or other noncommercial signs is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The amendments remove time limits for political or other noncommercial signs, which do not increase the likelihood that more signs will be displayed throughout the City. Political and noncommercial signs are typically not permanently placed and there is no history of widespread, long-term placement of such signs in the City. Therefore this does not result in a change in visual effects. ATTACHMENTS: A. Draft Ordinance No. 2016-03, titled An Ordinance of the City of Encinitas amending Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code. B. Strike-out/underline version of the proposed code amendments to EMC Chapter 2.16. C. Public Notice for the January 13, 2016 City Council Meeting. 2016-01-27 Item 8C 8 of 17

ATTACHMENT A Draft Ordinance No. 2016-03, titled, An Ordinance of the City of Encinitas amending Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code. 2016-01-27 Item 8C 9 of 17

ORDINANCE NO. 2016-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING AMENDMENTS TO CHAPTER 2.16, CAMPAIGN REGULATIONS, OF THE ENCINITAS MUNICIPAL CODE WHEREAS, the City Council conducted a Public Hearing on January 13, 2016 for the purpose of considering amendments to Chapter 2.16, Campaign Regulations, of the Encinitas Municipal Code to remove time limits for signs displaying political or other noncommercial messages, whereby the display of such signs is permitted at all times. WHEREAS, the City Council of the City of Encinitas makes the following findings with respect to the adoption of the following ordinance: WHEREAS, placing time limits on the use of political or other noncommercial signs or placing a limit on the number of such signs acts as a deterrent to the freedom of speech; and WHEREAS, the City of Encinitas wants to promote the freedom of speech; NOW, THEREFORE, the City Council of the City of Encinitas, California hereby ordains as follows: SECTION ONE: CHAPTER 2.16 (CAMPAIGN REGULATIONS) OF TITLE 2, ADMINISTRATION The title of Chapter 2.16 (Campaign Regulations) of Title 2, Administration of the City of Encinitas Municipal Code is hereby amended to read as follows: Chapter 2.16 CAMPAIGN REGULATIONS AND POLITICAL OR OTHER NONCOMMERCIAL SIGNS QUANTITY, TIMING AND DISPLAY AREA SECTION TWO: SECTION 2.16.040 (UNLIMITED POLITICAL AND/OR OTHER NONCOMMERCIAL MESSAGE SIGNS ELECTION TIME) OF CHAPTER 2.16 OF TITLE 2, ADMINISTRATION Section 2.16.040 (Unlimited Political and/or Other Noncommercial Message Signs Election Time) of Chapter 2.16 of Title 2, Administration of the City of Encinitas Municipal Code is hereby amended to read as follows: 2.16.040 Political or Other Noncommercial Signs Quantity, Timing and Display Area In addition to the signage otherwise authorized pursuant to the provisions of this Code, subject to the standards contained in this Section, an unlimited number of temporary signs displaying political or other noncommercial messages shall be permitted at all times and authorized per parcel with the property owner s permission. A. Residential uses in residential zones: for individual signs, the display areas shall not exceed 3 square feet (each side) with a maximum height of five feet; and, shall 2016-01-27 Item 8C 10 of 17

ATTACHMENT B Strike-out/underline version of the proposed code amendments to EMC Chapter 2.16 2016-01-27 Item 8C 13 of 17

Strike-Out/Underline Version of the Proposed Code Amendments to EMC Chapter 2.16 SECTION ONE: CHAPTER 2.16 (CAMPAIGN REGULATIONS) OF TITLE 2, ADMINISTRATION The title of Chapter 2.16 (Campaign Regulations) of Title 2, Administration of the City of Encinitas Municipal Code is hereby amended to read as follows: Chapter 2.16 CAMPAIGN REGULATIONS Chapter 2.16 CAMPAIGN REGULATIONS AND POLITICAL OR OTHER NONCOMMERCIAL SIGNS QUANTITY, TIMING AND DISPLAY AREA SECTION TWO: SECTION 2.16.040 (UNLIMITED POLITICAL AND/OR OTHER NONCOMMERCIAL MESSAGE SIGN ELECTION TIME) OF CHAPTER 2.16 OF TITLE 2, ADMINISTRATION Section 2.16.040 (Unlimited Political and/or Other Noncommercial Message Signs Election Time) of Chapter 2.16 of Title 2, Administration of the City of Encinitas Municipal Code is hereby amended to read as follows: 2.16.040 Unlimited Political and/or Other Noncommercial Message Signs Election Time. An unlimited number of signs displaying political and/or other noncommercial messages is allowed per parcel with the property owner s permission, pursuant to this section. In addition to the signage otherwise authorized pursuant to the provisions of this Code, during the time period which begins 30 days prior to the election and ends 72 hours after the close of polls for the same election, such signs may be displayed, subject to: for individual signs, the display areas shall not exceed 32 square feet for nonresidential zones or 32 square feet for nonresidential uses in residential zones; such signs shall not exceed eight feet in height. The sign area shall not exceed three square feet for residential uses in residential zones with a maximum height of five feet. 2.16.040 Political or Other Noncommercial Signs Quantity, Timing and Display Area In addition to the signage otherwise authorized pursuant to the provisions of this Code, subject to the standards contained in this Section, an unlimited number of temporary signs displaying political or other noncommercial messages shall be permitted at all times and authorized per parcel with the property owner s permission. A. Residential uses in residential zones: for individual signs, the display areas shall not exceed 3 square feet (each side) with a maximum height of five feet; and, shall otherwise comply with Section 30.60.080 of this Code, except to the extent Section 30.60.080 is inconsistent with this Section. B. Nonresidential uses in residential zones: for individual signs, the display areas shall not exceed 32 square feet (each side) with a maximum height of eight feet; and, shall 2016-01-27 Item 8C 14 of 17

otherwise comply with Section 30.60.080 of this Code, except to the extent Section 30.60.080 is inconsistent with this Section. C. Nonresidential zones: for individual signs, the display areas shall not exceed 32 square feet (each side) with a maximum height of eight feet; and, shall otherwise comply with Section 30.60.110 of this Code, except to the extent Section 30.60.110 is inconsistent with this Section. D. This Section shall not create or establish the potential for legal nonconforming uses or vested rights related to the use or display of signage. 2016-01-27 Item 8C 15 of 17

ATTACHMENT C Public Notice for the January 13, 2016 City Council Meeting 2016-01-27 Item 8C 16 of 17

CITY OF ENCINITAS PLANNING AND BUILDING DEPARTMENT LEGAL NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL PLACE OF MEETING: Council Chambers, Civic Center 505 South Vulcan Avenue Encinitas, CA 92024 THE CITY OF ENCINITAS IS AN EQUAL OPPORTUNITY PUBLIC ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT/SECTION 504 REHABILITATION ACT OF 1973, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE PLANNING AND BUILDING DEPARTMENT AT (760) 633-2710 AT LEAST 48 HOURS BEFORE THE MEETING IF DISABILITY ACCOMMODATIONS ARE NEEDED. It is hereby given that a Public Hearing will be held on Wednesday, January 13, 2016 at 6:00 p.m., or as soon as possible thereafter, by the Encinitas City Council to discuss the following hearing item of the City of Encinitas: CASE NUMBER: 15-282 POD APPLICANT: City of Encinitas LOCATION: City-wide DESCRIPTION: Public Hearing to consider the introduction of Draft City Council Ordinance No. 2015-18, titled An Ordinance of the City of Encinitas amending Chapter 2.16, Campaign Regulations of the Encinitas Municipal Code. The proposed ordinance would remove time limits and surface area limits for signs displaying political or other noncommercial messages and make related changes. ENVIRONMENTAL STATUS: This project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. For further information, please contact Diane Langager, Principal Planner, at (760) 633-2714 or via email at dlangag@encinitasca.gov, or the Planning and Building Department at (760) 633-2710, 505 South Vulcan Avenue, Encinitas, CA 92024-3633. 2016-01-27 Item 8C 17 of 17