O 692 ORDINANCE NO. 692
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, the City Council held a duly noticed public hearing on May 8, 2018; 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.
ORDINANCE NO. 692
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 16.04.070.0 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
property 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.
ORDINANCE NO. 692
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 16.60.050.1. 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.
ORDINANCE NO. 692
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On motion of Council Member Brown, seconded by Council Member Harmon, and on
the following roll call vote, to wit:
AYES: Council Members Brown, Harmon, Barneich, and Ray
NOES: None
ABSENT: Mayor Hill
the foregoing Resolution was passed and adopted this 22nd day of May, 2018.
ORDINANCE NO. 102-
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JIM HILL, MAYOR
ATTEST:
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KELLYW
- M��'E, CITY CLERK
APPROVED AS TO CONTENT:
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JAMES _GMAN, CITY MANAGER
APPROVED AS TO FORM:
EATHER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 692 which was introduced at a regular meeting of the
City Council on May 8, 2018; was passed and adopted at a regular meeting of
the City Council on_ the 22nd day of May 2018; and was duly published in
accordance with State law (G.C. 40806).
- --------WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th
day of May 2018.
L a
KELLY W TM E, CITY CLERK