MEETING DATE: 1/15/2020
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson, County Counsel
AGENDA ITEM PREPARER: Barbara Thompson
SBC DEPT FILE NUMBER:
SUBJECT:
County Counsel - B. Thompson. Hold Public Hearing, and Adopt a Resolution making CEQA findngs and making the recommendation that the Board of Supervisors approve changes to the County's sign ordinance as a result of the Supreme Court case Reed v. Town of Gilbert.
AGENDA SECTION:
PUBLIC HEARING
BACKGROUND/SUMMARY:
Sign ordinances also have restrictions that are content neutral meaning that the restriction set forth in the ordinance applies no matter what the type of speech (content) is written on the sign. Sign ordinances can also have content based restrictions, which means that different regulations apply depending on the type of content (speech) written on the sign. The Supreme Court in Reed v. Town of Gilbert reaffirmed a general rule that except for historically recognized content-based exceptions (such as obscenity, threats, etc), content based restrictions are subject to "strict scrutiny" and are generally only upheld if they are "narrowly tailored" to address a "compelling government interest." In Gilbert, the Supreme Court concluded that laws that are facially content-based must be subject to strict scrutiny regardless of their motivations.
Therefore sign ordinances which set forth different size, duration, and location requirements based on the type of sign are potentially suspect.
The proposed modifications do not set up a comprehensive update of the sign ordinance, which can be prepared at some future point in time as part of a global planning update, but takes a minor step to assure that the County's sign ordinance recognizes the limits set forth in Gilbert and that such considerations are considered in the enforcement process.
Three sections of the sign ordinance are being changed as explained below:
1. This section allows the RMA director to grant administrative variances to comply with the Reed case. It also indicates that all enforcement shall be consistent with Reed v. Town of Gilbert.
2. The second section eliminates restrictions specific to election signs and treats election signs similarly to other temporary signs.
3. The third section changes the allowable time period for temporary signs from 30 days to 100 days. This will allow any type of temporary sign (whether for a community event or another kind of temporary sign to be posted for 100 days). It also eliminates the number restriction on temporary signs. It also allows temporary signs in residential zoning districts.
BUDGETED: