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HomeMy WebLinkAboutCC ORD 2019-2460 Signs Exempt from Permit RequirementsORDINANCE NO. 2019 — 2460 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 13.28.080 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO SIGNS EXEMPT FROM PERMIT REQUIREMENTS WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, the San Diego Metropolitan Transit System ("MTS") is the statutorily designated public transit provider for the portion of San Diego County that includes the City of National City (the "City"), as set forth in Public Utilities Code section 120000, et seq.; and WHEREAS, MTS and the City are authorized by Public Utilities Code section 120268 to enter into cooperative agreements to establish uniform policies and procedures governing the use of bus passenger loading zones and establishing responsibility and standards for the maintenance of bus loading zones and any associated improvements; and WHEREAS, MTS wishes to contract a third -party to install, maintain and place signs, in the form of advertisements, at bus loading zones and other transit shelters within the City; and WHEREAS, the revenue generated from the MTS advertising contracts is intended to fund the purchase of new transit shelters and benches, as well as to fund continued transit services within MTS's jurisdiction, including the City; and WHEREAS, Section 13.28.080 currently provides exceptions to the City's permit requirements to mount, install, or display signs on City property; and WHEREAS, the City desires to exempt MTS from obtaining permits for placing such advertising signs on City property because MTS maintains and enforces its own policy regarding placement, content, and removal of advertising; and WHEREAS, the City further desires to exempt MTS from obtaining permits for placing advertising signs on City property because the City will, concurrent with this ordinance, execute an agreement with MTS to locate such signs on City property. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: SECTION 1. Section 13.28.080 of the National City Municipal Code is hereby amended to read as follows: Section 13.28.080. Signs exempt from the permit requirement. The signs described in this section may be mounted, installed, or displayed on city property without a permit, but remain subject to all other applicable laws, rules, regulations, and policies. A. Government Signs. Signs posted by the city on city property to express its own message(s) to the public; traffic control and traffic directional signs erected by the city or another governmental entity in fulfillment of their official duties; official notices required or authorized by law or court order; signs placed in furtherance of the city's governmental functions. B. Picketing in Traditional Public Forum Areas. The personal carrying of signs or "picketing," displaying constitutionally protected noncommercial speech messages, is allowed in traditional public forum areas, except in the roadway when it is open to normal vehicular traffic; picketers may not interfere with public ingress or egress or free use of sidewalks or public right-of-way. All picket signs must be worn on the person, hand held, or personally attended at all times, and may not exceed a cumulative total of six square feet. (In the case of double -sided signs, only one side counts toward the area total; if two sides are not equal in size, then the larger shall be used to calculate sign size.) For safety reasons, picketing is allowed only from 7:00 a.m. until 10:00 p.m.; however, on evenings when there is a public hearing at City Hall, picketing may continue until thirty minutes after the meeting for such hearing has closed. This subsection does not authorize the display of commercial messages on city property, nor does it authorize the posting of inanimate signs on city property, regardless of message type. This section does not apply to personally held signs displayed inside city buildings. C. San Diego Metropolitan Transit System ("MTS") Bus Benches and Shelters. Signs, including but not limited to advertisements, posted by MTS on city property, including but not limited to bus benches and shelters, where MTS executes an agreement with the city for placement of such signs on city property. SECTION 2. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. SECTION 3. The proposed action is exempt from the California Environmental Quality Act ("CEQA") under Section 15061(b)(3) - general rule; the project is not considered a project under CEQA as there is no possibility that the activity raised by this Ordinance may have a significant impact on the environment; by this Ordinance, the City is exempting MTS from the permit requirements for placing signs on bus shelters provided that MTS executes an agreement with the City. PASSED and ADOPTED this 18th day of June 2019. ATTEST: P9 Michael R. alla, City Clerk APPROVED AS TO FORM: Alejandra Sotelo-So is, Mayor Ordinance No. 2019 — 2460 Page 2 of 2 Bus Shelter Sign Ordinance Passed and adopted by the Council of the City of National City, California, on June 18, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on June 4, 2019 and on June 18, 2019. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2019-2460 of the City Council of the City of National City, passed and adopted by the Council of said City on June 18, 2019. By: City Clerk of the City of National City, California Deputy