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CC 2018-05-08_10a Introduce Ord_Temporary Noncommercial Signs MEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MATTHEW DOWNING, PLANNING MANAGER SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-004; AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING EXEMPT SIGNS; LOCATION – CITYWIDE; APPLICANT – CITY OF ARROYO GRANDE DATE: MAY 8, 2018 SUMMARY OF ACTION: Introduction and future adoption of the Ordinance will modify the City’s current sign ordinance to replace regulations governing “Political and Religious Signs” as “Temporary Noncommercial Signs,” maintaining consistency with the City’s longstanding policy of regulating signage in a constitutional manner. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected as a result of adopting the Ordinance. Enforcement of the new sign regulations will continue to be on complaint basis and therefore impacts associated with enforcement are anticipated to be limited. RECOMMENDATION: It is recommended that the City Council introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code regarding temporary noncommercial signs. BACKGROUND: The City has rules in place in order to regulate the display of signage throughout Arroyo Grande. These rules are largely contained in Arroyo Grande Municipal Code (AGMC) Chapter 16.60. The purpose of these regulations is to protect the character, quality of life, and economic health of the City by maintaining the suitability and appropriateness of allowed signs in a manner that benefits the public and minimizes visual clutter. For many years, the City has provided opportunities for temporary political and religious signs on private property and held that these types of signs are exempt from sign permitting requirements but subject to certain size limitations (Attachment 1). This method of regulation is consistent with the United States Supreme Court’s decision in City of LaDue v. Gilleo (1994). Item 10.a. - Page 1 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-004 MAY 8, 2018 PAGE 2 In the 2015 case of Reed v. Town of Gilbert, the Supreme Court held that absent a compelling reason, a City may not provide preferential treatment in providing opportunities for posting noncommercial messages on signs based on the sign’s content. This decision has necessitated changes to the regulations specific to AGMC Subsection 16.60.050.I. for consistency with the Court’s decision. Although a full sign code update has not been prioritized by Council in recent years, work continues on the remaining regulations as time and personnel resources permit. However, due to the upcoming 2018 elections, it was determined that revising the current regulations to ensure consistency with the Court’s ruling is necessary. Planning Commission The Planning Commission reviewed the proposed Ordinance at the April 17, 2018 meeting. The Commission was supportive of the proposed Ordinance and made minor modifications to ensure message substitutions do not impact originally approved sign designs and allowing for temporary noncommercial signs to be affixed to permanent structures in the instances that windows are unavailable. These recommendations have been included in the prepared Ordinance. ANALYSIS OF ISSUES: The prepared Ordinance proposes modifications to three (3) areas of the Development Code (Title 16 of the AGMC). These modifications include the addition of a definition of “Noncommercial Sign,” a statement allowing for the substitution of noncommercial messages where commercial messages have previously been approved, and the specific modification of regulations pertaining to political and religious signs. Definitions The prepared Ordinance proposes to add the following definition of “Noncommercial Sign”: “Noncommercial Sign” means a sign, or portion of a sign, which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor, such as on-site or off-site. This definition has been developed in coordination with the City Attorney in order to clearly identify what constitutes noncommercial signage from commercial signage, which is a distinction recognized by the courts. Importantly, the definition includes the fact that noncommercial messages do not have a location factor, as the City has further regulation of on-site and off-site signage. Message Substitution Clause A message substitution clause has been included in the prepared Ordinance as a means to prevent any inadvertent favoring of commercial speech over noncommercial speech, which is legally not permissible. The message substitution clause does not Item 10.a. - Page 2 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-004 MAY 8, 2018 PAGE 3 allow for the increase in the total number or size of permanent signage, nor does it exempt an individual from being required to seek appropriate permits for the installation of such signage. In other words, if a property owner or business tenant, with property owner permission, desires to replace a previously permitted commercial message with a noncommercial message, they would be permitted to do so if the sign area remains at or below that previously approved and a permit is obtained. Temporary Noncommercial Signs The primary focus of the proposed Ordinance centers on the change of political and religious signs to temporary noncommercial signs. These types of signs are currently identified as exempt from further permitting requirements if they meet certain design criteria. Current regulations allow for political and religious signs to be displayed if:  Signs are no larger than sixteen (16) square feet;  Are placed on private property with consent of the property owner; and  Are displayed no sooner than sixty (60) days prior to an election if they are for an upcoming election. In general, the majority of issues that arise from these regulations are a result of signs being placed in the public right-of-way. This is prohibited to protect public health and safety and limit City liability resulting from improperly located or mounted signage. In order to continue to allow for noncommercial speech to be displayed, and to not have content based restrictions on speech due to the categorization of temporary signage (i.e. “political” and “religious”), this Subsection of the AGMC is proposed to be retitled to regulate “Temporary Noncommercial Signs.” Properties in Arroyo Grande would be allowed to display, without obtaining a permit, noncommercial signs limited to the following regulations:  One (1) sign is allowed per property;  Size can be no larger than six (6) square feet;  Signs can be no taller than four feet (4’) in height as measured from the ground underneath the sign; and  Signs must be affixed to the ground or located in the window of a permanent structure. The requirements for signs to be placed on private property with property owner permission remains unchanged from the current regulations. However, during certain times of the year additional signage may be desired to adequately allow for the display of noncommercial messages. In order to accommodate this, the proposed Ordinance allows for the display of an unlimited number of temporary, noncommercial signs per property and increases in sign size to the previously established sixteen (16) square feet. The proposed Ordinance allows for two (2) of these increases per year, lasting sixty (60) days each. Although a recent non-binding court opinion in a preliminary ruling in a case that subsequently settled found that specifically allowing these increases at elections creates a de facto preference for political speech, the prepared Ordinance does suggest that these time periods be typically during an election period in which City electors may vote. However, the Ordinance does not make this a requirement. The City Item 10.a. - Page 3 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-004 MAY 8, 2018 PAGE 4 Attorney agrees that while this suggestion will help steer residents and businesses to the intent of additional allowances, it remains content neutral in accordance with the recent court opinions following Reed. It is important to note that sign regulation is a constantly evolving topic, particularly following the Supreme Court’s decision in Reed, and will be closely monitored by the City in case additional modifications are deemed necessary. The allowance for increased display periods does raise enforcement issues on tracking the different display periods of properties in the City. However, violations will be handled and tracked on a complaint basis, consistent with the City’s Code Enforcement priorities, in order to address this issue. Public Education The Planning Commission discussed the need to provide education to the public regarding the City’s temporary sign regulations. It is anticipated that the Planning Division’s webpage will be modified to add a separate page informing those interested of the City’s regulations. Additionally, a draft brochure has been created and will also be available on the City’s website and at City Hall (Attachment 2). The Council should feel free to provide feedback on the brochure if deemed necessary. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Introduce the attached Ordinance approving Development Code Amendment 17- 004; 2. Modify and introduce the attached Ordinance approving Development Code Amendment 17-004; or 3. Do not introduce the attached Ordinance and provide direction to staff. ADVANTAGES: The City will continue to regulate temporary, noncommercial signage in a manner that is consistent with the United States Constitution, recent court cases decided by the Supreme Court, and in a manner that protects the character, quality of life, and economic health of the City. DISADVANTAGES: The proposed modifications will allow properties to temporarily display noncommercial signs in a manner that is previously unfamiliar to residents. This specifically includes the display of an unlimited number of noncommercial signs on properties for up to 120 days per year. Over time, however, to remain consistent with the United States Constitution, these changes will become more familiar and commonplace, leading to better understanding and compliance by the community. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Procedures for the Implementation of CEQA, the Item 10.a. - Page 4 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-004 MAY 8, 2018 PAGE 5 proposed project has been determined to be categorically exempt per Section 15308 of the Guidelines regarding actions by regulatory agencies for protection of the environment. PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was published in The Tribune and posted at City Hall and on the City’s website on Friday, April 27, 2018. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. At the time of report publication, no comments have been received. Attachment: 1. Arroyo Grande Municipal Code Subsection 16.60.050.I. 2. Draft public education brochure regarding temporary noncommercial sign regulations Item 10.a. - Page 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING TEMPORARY NONCOMMERCIAL SIGNS WHEREAS, the purpose of the City’s sign regulations is to protect the character, quality of life, and economic health of the City by maintaining the suitability and appropriateness of allowed signs in a manner that benefits the public and minimizes visual clutter; and WHEREAS, the City has for many years provided opportunities for temporary political and religious signs on private property, exempt from sign permitting requirements but subject to certain size limitations and requirements, consistent with the United States Supreme Court’s decision in City of LaDue v. Gilleo (1994) 114 S.Ct. 2038; and WHEREAS, in the case of Reed v. Town of Gilbert (2015) 135 S. Ct. 2218, the United States Supreme Court held that absent a compelling reason, a city may not provide preferential treatment in providing opportunities for posting noncommercial messages on signs based on the sign’s content; and WHEREAS, the proposed amendments contained in this ordinance are intended to further the City’s longstanding policy of regulating signage in a constitutional manner; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the proposed amendments to the City’s sign regulations and recommended adoption of the regulations; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed changes to Title 16 of the Municipal Code will allow for temporary noncommercial signage to be located in a manner that is appropriate and suitable to protect the character, quality of life and economic health of the City while being consistent with the United States Constitution and rulings of the Supreme Court regarding signage issues. B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. Item 10.a. - Page 6 ORDINANCE NO. PAGE 2 C. The proposed revisions to Title 16 are consistent with the purpose and intent of Title 16, satisfy the intent of Chapter 16.60 of the Municipal Code, and provide for internal consistency. The proposed revisions to Title 16 are exempt from review under the California Environmental Quality Act (CEQA) per 14 CCR § 15308. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. The following definition of “noncommercial sign” is hereby added to Arroyo Grande Municipal Code Subsection 16.04.070.C to read as follows: “Noncommercial Sign” means a sign, or portion of a sign, which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. This definition shall be construed and interpreted in light of relevant court decisions. Noncommercial messages do not have a location factor, such as on-site or off-site. SECTION 3. Arroyo Grande Municipal Code Section 16.60.030 is hereby amended to add Subsection H in its entirety as follows: H. Message Substitution. Subject to the property owner’s consent, a noncommercial message of any type may be substituted, in whole or in part, for any duly permitted or authorized commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message, if in conformance with the originally approved sign design, may be made without any additional approval or permitting. In addition, on non-residential uses, any display area for permanent signs, which is unused, may be used for display of noncommercial messages on temporary signs for a maximum of sixty (60) days in any one (1) calendar year. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision: 1. Does not create a right to increase the total amount of permanent signage on a parcel, lot or land use; 2. Does not affect the requirement that a sign structure or mounting device be properly permitted; 3. Does not allow a change in the physical structure of a sign or its mounting device; 4. Does not allow the substitution of an off-site commercial message in place of an on-site commercial message or noncommercial message. Item 10.a. - Page 7 ORDINANCE NO. PAGE 3 However, simple face changes not involving off-site commercial advertising or changes to the physical structure or mounting device of the sign may be made without further permitting when the sign structure has already been permitted and is in full compliance with all applicable laws, rules, and regulations. SECTION 4. Arroyo Grande Municipal Code Subsection 16.60.050.I. is hereby replaced in its entirety as follows: I. Temporary Noncommercial Signs. 1. Limited to a maximum of one (1) sign per property, no larger than six (6) square feet, four feet (4’) in height as measured from the ground underneath the sign, placed on private property with the express consent of the property owner, and directly affixed to the ground, located on, or located in the window of a permanent structure, and which comply with all other applicable provisions of this chapter. 2. Up to two (2) times per year, additional temporary noncommercial signs are permitted, with increases in sign size of no larger than sixteen (16) square feet, limited to sixty (60) days in duration. These times are typically, but not required to be, during any “election period”, which shall mean the period before any national, state, or local election in which city electors may vote, up through the date of the election. SECTION 5. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 6. Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to Section 15062 of the State CEQA Guidelines. SECTION 7. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 8. This Ordinance shall take effect thirty (30) days after its adoption. Item 10.a. - Page 8 ORDINANCE NO. PAGE 4 On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Ordinance was adopted this ____ day of ______________, 2018. Item 10.a. - Page 9 ORDINANCE NO. PAGE 5 ___________________________________ JIM HILL, MAYOR ATTEST: ___________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ JAMES A. BERGMAN, CITY MANAGER APPROVED AS TO FORM: _____________________________________ HEATHER K. WHITHAM, CITY ATTORNEY Item 10.a. - Page 10 ATTACHMENT 1   16.60.050 ‐ Exempt signs.   The following signs shall be exempt from the administrative sign permit, administrative sign program, and planned sign program requirements, and shall be permitted subject to the limitations contained in this section. A greater number of signs or signs of larger size than specified below shall be prohibited, unless elsewhere specifically permitted by, and an appropriate permit obtained consistent with, the provisions of this chapter. A. Temporary banners, decorations and searchlights in accordance with the following provisions: 1. Banners. a. Shall not exceed twenty-four (24) square-feet. b. Shall be professionally printed on vinyl or plastic. c. Shall be firmly attached to the building, below the roofline. d. Shall be registered with the community development department prior to display. e. Shall not be displayed for more than thirty (30) days in any ninety-day period. 2. Pennants, Balloons and Flags. a. Shall not contain any text or other advertising message. b. Shall not be displayed for more than three days in any thirty-day period. 3. Searchlights. a. Shall be directed upwards into the sky and not at any point on land. b. Shall not be displayed for more than three (3) days in any thirty-day period. B. Permanent window signs provided that all of the following are met: 1. The total area of such signs does not exceed twenty (20) percent of the window area. 2. The sign is no greater than twenty-four (24) square-feet. 3. Signage is limited to street-facing windows. C. Real estate signs for sales, rental or lease subject to the following regulations: 1. Residential dwellings offered for sale, rent or lease on an individual basis not in association with a subdivision or apartment complex, one sign per separate street frontage not exceeding six square feet each and six feet in height. Such signs shall be removed within ten (10) calendar days after the sale has been closed or the property has been rented or leased. Signs shall not create sight distance hazards. 2. One sign per street frontage to advertise the sale, lease or rent of commercial or industrial property, provided all of the following are met: a. Such signs shall have a maximum area of thirty-two (32) square feet each, and be no greater than eight feet in height. b. Signs shall not create sight distance hazards for pedestrians or vehicles. c. Such signs shall be removed within ten (10) calendar days of the close of the sale or termination of the lease or rental agreement. d. Where a project has in excess of six hundred (600) lineal feet of street frontage, one additional sign shall be permitted for each full six hundred (600) lineal feet of street frontage. D. Subdivision signs subject to the following regulations: Item 10.a. - Page 11 1. Off-site unlighted signs advertising subdivisions within the city, containing only the name of the subdivision, the name of the developer and/or agent, an identification emblem and a directional arrow shall be permitted, provided: a. There shall be no more than three such signs located within the city limits for each subdivision. Signs must be located on private property. b. The total area of each sign shall not exceed thirty-two (32) square feet. c. The total height of each sign shall not exceed eight feet. d. Directional subdivision signs may be displayed during the two years following the date of recordation of the final map or until ninety (90) percent of the lots have been sold, whichever is earlier. 2. One on-site subdivision sign per subdivision entrance shall be permitted provided the total area per sign is not greater than thirty-two (32) square feet and sign height does not exceed eight feet. Such on-site signs shall be permitted to remain only as long as a sales office is maintained in the subdivision or until ninety (90) percent of the lots have been sold and provided that such signs are maintained in good condition as determined by the building official. E. Architect, contractor or construction signs, providing the name of architect(s) and/or contractor(s) working on the site, subject to the following: 1. For residential projects greater than four dwelling units, up to two signs may be placed on the construction site; provided, that the total area of each sign shall not exceed twelve (12) square feet, maximum height shall be six feet, and the sign is located no closer than ten (10) feet to any property line. 2. For commercial and industrial projects, up to two signs may be placed on the construction site; provided, that the total area of each sign shall not exceed thirty-two (32) square feet, maximum height shall be six feet, and the sign is located no closer than ten (10) feet to any property line. 3. For all other projects, a total of two signs may be placed on the construction site, provided that the total area of each sign shall not exceed eight square feet, maximum height six feet, and the sign is located no closer than five feet to any property line. F. Future tenant identification sign to advertise the future use of an approved project on the property may be placed on vacant or developing property to give the location where information may be obtained, subject to the following: 1. Only one future tenant identification sign per parcel may be permitted. 2. Future tenant identification signs shall be limited to a maximum of thirty-two (32) square feet and four feet in height. 3. The sign shall be placed no closer than ten (10) feet to any property line. 4. Such signs shall not be erected until a building permit is issued for the development and shall be removed within one year from the date of the building permit. 5. Where a project has in excess of six hundred (600) lineal feet of street frontage, one additional future tenant identification sign shall be permitted for each full six hundred (600) lineal feet of street frontage. G. Residential Signs. 1. Multiple-family residential building identification signs limited to address and building number or letter. One wall sign per building frontage located below the roof line, limited to a maximum area of two square feet and a maximum letter height of four inches. Item 10.a. - Page 12 2. Residential name plate: one name plate per parcel for single-family residential or agricultural uses, limited to a maximum area of two square feet and a maximum letter height of four inches. H. Agricultural signs identifying agricultural products grown or raised on the premises subject to the following: 1. The number of such signs shall be limited to one per street frontage. 2. If wall mounted, the sign shall be located below the roof line. 3. Freestanding signs shall be no higher than six feet. 4. Each sign shall have an area no greater than sixteen (16) square feet and shall be erected only during the growing and harvest season. I. Exempt Signs. Political and religious signs which are no larger than sixteen (16) square feet, placed on private property with the express consent of the property owner and which comply with all other applicable provisions of this chapter. If the political sign pertains to an upcoming election, the sign cannot be posted sooner than sixty (60) days prior to the election and must be removed no later than seven days after the election. J. Government and noncommercial flags: an official flag, except when displayed in connection with commercial promotion; provided, that such flags are no greater in size than ten (10) feet by fifteen (15) feet or as approved with a recommendation from the architectural review committee. K. Miscellaneous Signs. 1. Interior signs completely within a building when not visible or readable or intended to be read from off-site or outside of the building or structure; 2. Memorial tablets, plaques, or directional signs for community historical and cultural resources installed by the city or by a city-recognized historical society or civic organization; 3. Official and legal notices issued by any court, public body or officer, or in furtherance of any nonjudicial process by federal, state or local laws; 4. Public utility signs indicating danger or that serve as an aid to public safety, or that show locations of underground facilities or public telephones; 5. Safety signs on construction sites; 6. Public transportation vehicle signs, including, but not limited to, buses and taxi cabs; 7. Signs on licensed commercial vehicles that are not used or intended for use as portable signs and that are not specifically prohibited by the provisions of this chapter; 8. Change of copy within an approved planned sign program or administrative sign program that conforms to the provisions of the approved sign program; 9. Holiday decorations to celebrate nationally recognized holidays and local celebrations; 10. Vehicle-oriented convenience and directional signs solely for the purpose of guiding traffic and parking on private property, and not bearing advertising material, limited to a maximum area of two square feet and a maximum letter height of four inches; 11. Directional, warning or informational signs as required or authorized by law or by any federal, state, county special district or city authority and "No Trespassing," "No Parking," "Neighborhood Watch" and similar warning signs, limited to a maximum area of two square feet and a maximum letter height of four inches; 12. Incidental signs for auto-related uses, motels and hotels that show notices of services provided or required by law, trade affiliations, and credit cards accepted, provided such Item 10.a. - Page 13 signs are attached to an otherwise approved ground sign, structure or building and limited to a maximum area of eight square feet and a maximum letter height of four inches; 13. "Open" and "Closed" signs: one sign per entrance no larger than one square foot in area; 14. Automobile service stations are permitted to have the following additional signs, provided they conform to the height and setback requirements of the district in which they are located: a. State-authorized testing centers. Four square feet per sign, wall mounted only, b. Price signs: one single- or double-faced sign per street frontage, twenty (20) square feet maximum per face. This exception is intended to allow for full compliance with state law for posting of gasoline prices. Portable price signs are not permitted, c. Pump signs: one sign for each gas pump unit not to exceed two square feet per pump face or one sign per bank of pumps, not to exceed eight square feet per face, identifying the gasoline brand and rating only. 15. City-sponsored civic signs for community entrance, identification, direction or information. L. Banners in accordance with the provisions of the design guidelines and standards for design overlay district (D-2.11)—Traffic Way and Station Way. M. Any sign as determined by the community development director to be similar in use and size to the signs listed above. (Ord. 590 § 2, Exh. A (part), 2007) (Ord. No. 634, §§ 2, 3, 6-28-2011; Ord. No. 645, § 6, 8-28-2012) Item 10.a. - Page 14 Lorem ipsum Lorem ipsum PHOTO HERE NON-COMMERCIAL SIGNS TEMPORARYQUESTIONS Thank you for your interest in the City’s Temporary Sign Regulations and for your continued consider- ation in honoring the spirit of the rules during the proposed ordinance consideration and implementa- tion. We hope this information is helpful to you when making plans to display temporary non-commercial signs. Please refer to the City’s website for a copy of the proposed ordinance. E BRANCH STOLOHAN ALLEYS MASON STNELSON STLE POINT STPOOLE STALLEN STN MASON STBRIDGE STTRAFFIC WAYE CHERRY AVEWHITELEY STIDE STCITY OF ARROYO GRANDE FOR MORE INFORMATION: (805) 473-5420 EFFECTIVE JUNE 21, 2018 MUNICPAL CODE CHAPTER . P: (805) 473-5420 E: MDOWNING@ARROYOGRANDE.ORG WWW.ARROYOGRANDE.ORG CITY HALL 300 E BRANCH ST ARROYO GRANDE, CA 93420 The City has rules in place in order to regulate the display of signage in Arroyo Grande Municipal Code Chapter 16.60. The purpose of these regulations is to protect the character, quality of life, and economic health of the City by maintaining the suitability and appropriate- ness of allowed signs in a manner that benefits the public and minimizes visual clutter. Current regulations allow for “political and religious signs” to be displayed if: • Signs are no larger than sixteen () square feet; • Are placed on private property with consent of the property owner; and • Are displayed no sooner than sixty () days prior to an election if they are for an upcoming election. PHOTO HERE PHOTO HERE 1Back2 ATTACHMENT 2 Item 10.a. - Page 15 REGULATIONS Regulations allow for temporary non-commercial signs (including political and religious signs) to be displayed if: 1. Limited to a maximum of one (1) sign per property, no larger than six (6) square feet, four feet (4’) in height as measured from the ground underneath the sign, placed on private property with the express consent of the property owner, and directly aixed to the ground, on, or located in the window of a perma nent structure, and which comply with all other applicable provisions of this chapter. 2. Up to two (2) times per year, additional temporary non-commercial signs are permitted, with increases in sign size of no larger than sixteen (16) square feet, limited to sixty (60) days in duration. These times are typically, but not required to be, during any “election period”, which shall mean the period before any national, state, or local election in which city electors may vote, up through the date of the election. PHOTO HERE PHOTO HERE HISTORY For many years, the City has provided oppor- tunities for temporary political and religious signs on private property and held that these types of signs are exempt from sign permit- ting requirements but subject to certain limitations. Due to recent changes in case law pertaining to temporary non-commercial signs, the City is proposing to clarify current temporary sign regulations, since as written, they are not considered enforceable. DO I NEED A PERMIT? Not at this time. You simply need to have your temporary sign conform to the City’s sign ordinance. PUBLIC RIGHT-OF-WAY The public right-of-way includes public streets, sidewalks, City owned property, or public easements. It also includes landscap- ing that is parallel to the street and sidewalk. Business, advertising/promotional and non- commercial signs are not permitted within the public right-of-way. TEMPORARY SIGNS FT MAX HEIGHT SQ FT. MAX SIZE PUBLIC ROW GRASS/SIDEWALK STREET PRIVATE PROPERTY 543 Item 10.a. - Page 16