HomeMy WebLinkAboutItem 6.1 Dublin Municipal Code Amendments to Section 8.84.140.1 Real Estate Directional Signs PLPA-2023-00017STAFF REPORT
PLANNING COMMISSION
Page 1 of 4
DATE:July 11, 2023
TO:Planning Commission
SUBJECT:Dublin Municipal Code Amendment to Section 8.84.140.I “Real Estate
Directional Signs” (PLPA-2023-00017)
Prepared by: Crystal De Castro, Senior Planner
EXECUTIVE SUMMARY:
Staff has initiated amendments to the Dublin Municipal Codein response to community complaints
related to Real Estate Directional Signs. Code amendments are proposed for Dublin Municipal Code
Section 8.84.140.I “Real Estate Directional Signs” to increase the number of signs allowed for each
property, modify the minimum sidewalk clearance in conformance with the Building Code, and
clarify the City’s enforcement authority. The Planning Commission will review the proposed
Municipal Code Amendments and make a recommendation to the City Council.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt a Resolution recommending City Council
approval of amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional
Signs.”
PROJECT DESCRIPTION:
Background
Pursuant to the Dublin Municipal Code (DMC) Chapter 8.84, a Real Estate Directional Sign is a
“temporary sign advertising an open house for a property listed for sale, lease, or rent.” State and
federal law grants property owners, or their agents, rights to reasonably display Real Estate
Directional Signs (California Civil Code Section 713 and 712). The City has exercised its right to
regulate these signs to implement its interest in community aesthetics and public safety per DMC
Section 8.84.140.I, as it relates to the number of signs, display times, sign size, placement, and the
manner of placement. The current ordinance allows four open house signs per property which are
permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m.
through sunset.
Over the past year, staff has received complaints from real estate agents related to code violations.
Complaints are generally received from realestate agentsreporting fellow agents, stating their non-
compliant competitors are gaining unfair business advantage over the law-abiding agents. Other
agents have expressed concern that the DMC does not allow enough signs to direct buyers to an
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open house that is difficult to find. Violations arise when real estate agents either do not know the
details of the City regulations or they chose to ignore the requirements. A vast majority of
complaints are concentrated within eastern Dublin where extra signs are displayed on occasion to
direct potential buyers to an open house. In addition, realtors also occasionally fail to remove signs
after the allowed timeframe.
The City has made a concerted effort over the past year to bring greater awareness to Real Estate
Directional Sign regulations. This has included proactive, regular enforcement on weekends, as well
as education and outreach to real estate agents working within the City of Dublin. Staff has found
that education and enforcement resulted in fewer violations when realtors were contacted directly.
Despite these efforts, sign violations continue to occur.
Staff has also reached out to the Bay East Realtors Association to further education efforts. The
Association provides educational programs and summarizes and publishes the City’s open house
sign regulations (along with over thirty other local municipalities) on its website to serve as a
resource to its members. The website can be viewed by visiting https://bayeast.org/community-
info-statistics/.
The proposed amendments to the DMC are intended to further address these concerns while
balancing economic development and aesthetic interests of the community.
A Planning Commission Resolution recommending that the City Council approve the proposed
amendments is included as Attachment 1 with the draft Ordinance included as Attachment 2.
Attachment 3 provides a complete list of the proposed DMC Amendments shown in a redlined
format where underlined text is proposed to be added and text with a strikethrough is proposed to
be deleted.
ANALYSIS:
Staff recommends the following amendments to Section 8.84.140.I where underlined text is
proposed to be added and text with a strikethrough is proposed to be deleted:
Proposed Amendment: Increase the number of signs allowed from four signs to six signs.
A Real Estate Directional Sign Comparison Table (Attachment 4) shows the number of open house
signs allowed by each of the surrounding Tri-Valley cities vary while most of the jurisdictions
require sign removal by sunset. Based on code enforcement information for Dublin, an average of
six signs are typically provided by realtors when a property is difficult to find. Therefore, staff
recommends an increase to the number of allowed signs. Section 8.84.140.1 is proposed to be
amended as follows:
1.Be limited to a maximum of four six (4)(6)open house signs for each property being
advertised for sale.
Proposed Amendment: Modify public access width allowed to 36 inches and clarify signs are not
allowed in the medians.
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The minimum sidewalk clearance is changed from 32 inches to 36 inches in accordance with
Building Code. Additional text is added to clarify signs are not allowed in medians. Section
8.84.140.2 is proposed to be amended as follows:
2.Not be located within the public right-of-way where such signs endanger the safety of
persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views
of such traffic, block ingress into or egress from any residence or place of business, or
restrict a sidewalk width to less than thirty-two (32)thirty-six (36)inches.
Notwithstanding the above, signs may be placed in a landscaping strip between the
roadway and the sidewalk. Signs are not allowed in medians.
Proposed Amendment: Clarify City authority to issue fines to enforce violation of the ordinance.
Text is added to include the City’s authority to issue fines for violations. Section 8.84.140.9 is
proposed to be amended as follows:
9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the
time spent by City personnel, or its authorized agents, to remove and enforceillegally located
open house signs in violation of Section 8.84.140.I.In cases of repeated violations of
requirements dealing with open house signs, rights to locate new open house signs in the
City shall be forfeited.
Staff recommends that the Planning Commission adopt the Resolution (Attachment 1),
recommending to the City Council to adopt the Ordinance (Attachment 2) approving the
amendments to the Municipal Code.
Upon approval of the ordinance, staff will enhance the amount of education materials/brochure on
various media platforms. Staff will also provide an educational brochure along with a written
warning to first time offenders, efficiently combining education and enforcement actions.
Consistency with General Plan, Specific Plans, and Zoning Ordinance
The proposed amendments to the Dublin Municipal Code are consistent with the Dublin General
Plan and all applicable Specific Plans and the Zoning Ordinance as the amendments bring greater
clarity and consistency to existing zoning regulations which implement the General Plan and
Specific Plans.Specifically, General Plan Goal 11.6.1 identifies that the Citymaintain small-business-
friendly development services and Implementation Measure 11.6.1.B.3 to “implement
permit/inspection process refinements: improve City procedures, as appropriate.”
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin
CEQA Guidelines and Procedures require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared. The proposed Zoning Ordinance
Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty that the amendments will not have a significant
effect on the environment and are not subject to CEQA review.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and posted at
several locations throughout the City. Additionally, the Planning Commission Agenda was posted.
ATTACHMENTS:
1) Resolution Recommending City Council Approval
2) Exhibit A to Attachment 1 – Ordinance Approving Amendments to Section 8.84.140.I (Real
Estate Directional Signs) of the Zoning Ordinance
3) Draft Municipal Code Amendments in Underline/Strikethrough Format
4) Real Estate Directional Sign Comparison Table
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Attachment 1
Reso. No. 23-XX, Item X.X,Page 1 of 2
RESOLUTION NO. 23-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN
MUNICIPAL CODE SECTION 8.84.140.I (REAL ESTATE DIRECTIONAL SIGN) EFFECTIVE
CITY-WIDE
PLPA-2023-00017
WHEREAS, Staff initiated amendments to the Dublin Municipal Code to clarify, add or
amend certain provisions to ensure that the Dublin Municipal Code complies with State law and
remains internally consistent, and relevant to changes occurring in the community; and
WHEREAS,the amendments proposed to Dublin Municipal Code Section 8.84.140.I (Real
Estate Directional Sign) are consistent with California Civil Code Section 713 and 712; and
WHEREAS, the proposed amendments will increase the number of real estate directional
signs allowed, modify the allowable sidewalk clearance in conformance with the Building Code,
and clarify the City’s enforcement authority; and
WHEREAS,the California Environmental Quality Act (CEQA), together with State
Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS,the Planning Commission recommends that the City Council find this project
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that the amendments to the Dublin Municipal Code will not
have a significant effect on the environment; and
WHEREAS,the Planning Commission held a public hearing on the proposed Zoning
Ordinance Amendment on July 11, 2023; and
WHEREAS,proper notice of said hearing was given in all respects as required by law; and
WHEREAS,a Staff Report dated July 11, 2023 was submitted to the City of Dublin Planning
Commission recommending City Council approval of the proposed Zoning Ordinance
Amendment; and
WHEREAS,the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
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Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A,and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 11th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
___________________________________
Assistant Community Development Director
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Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3
ORDINANCE NO. XX-23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.84.140.I
(REAL ESTATE DIRECTIONAL SIGNS) EFFECTIVE CITY-WIDE
PLPA-2023-00017
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or
amend certain provisions to ensure that the Zoning Ordinance remains current with federal
and state law, internally consistent, simple to understand and implement, and relevant to
changes occurring in the community.
B. The City has initiated amendments to the Zoning Ordinance to clarify, add, or amend
certain provisions to ensure that the Dublin Municipal Code complies with State law and
remains internally consistent and relevant to changes occurring in the community.
C. The proposed amendments are consistent with California Civil Code Section 713 and 712.
D. The proposed Zoning Ordinance Amendments include modifications to Dublin Municipal
Code Section 8.84.140.I (Real Estate Directional Signs) to increase the number of real
estate directional signs allowed, modify the allowable sidewalk clearance in conformance
with the Building Code, and clarify the City’s enforcement authority.
E. The Planning Commission held a duly noticed public hearing on July 11, 2023, during
which all interested persons were heard, and adopted Resolution No. 23-XX
recommending City Council adoption of the proposed Zoning Ordinance Amendments.
F. A Staff Report was submitted to the Dublin City Council recommending approval of the
proposed Zoning Ordinance Amendments.
G. The City Council held a public hearing on the proposed Zoning Ordinance Amendments
on ______, at which time all interested parties had the opportunity to be heard.
H. Proper notice of said hearing was given in all respects as required by law.
I. The City Council did hear and consider all said reports, recommendations and testimony
herein above set forth and used its independent judgment to evaluate the project.
SECTION 2. FINDINGS
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby
finds that the Zoning Ordinance Amendments are consistent with the General Plan and
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Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3
any applicable Specific Plan in that the amendments are necessary to comply with federal
and state laws and are consistent with applicable land use regulations and development
policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update
the City’s Sign Ordinance.”
A.SECTION 3.
A. The California Environmental Quality Act (CEQA), together with State Guidelines and City
of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. The City Council
hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance)
are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty that the amendments will not have a
significant effect on the environment and are not subject to CEQA review.
SECTION 4.
A.The Dublin Municipal Code is amended as follows:
Section 8.84.140.I (Real Estate Directional Signs) of Title 8 of the Dublin Municipal
Code is hereby amended to modify subsections 1, 2, and 9 to read as follows:
1. Be limited to a maximum of six (6) open house signs for each property being
advertised for sale.
2. Not be located within the public right-of-way where such signs endanger the
safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block
views of such traffic, block ingress into or egress from any residence or place of business,
or restrict a sidewalk width to less than thirty-six (36) inches. Notwithstanding the above,
signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs
are not allowed in medians.
9. Be subject to the City’s authority to issue fines and to assess all necessary
costs for the time spent by City personnel, or its authorized agents, to remove and enforce
open house signs in violation of Section 8.84.140 I. In cases of repeated violations of
requirements dealing with open house signs, rights to locate new open house signs in the
City shall be forfeited.
SECTION 5. Effective Date.This Ordinance shall take effect and be enforced thirty (30)
days following its final adoption.
SECTION 6. Severability.The provision of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional,
or inapplicable to any person or circumstance, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
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Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3
SECTION 7. Posting.The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this __th day of _______ 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 3
SECTION 8.84.140.I
REAL ESTATE DIRECTIONAL SIGNS
I. Real Estate Directional Signs.Real Estate Directional Signs are permitted subject to the following
special provisions provided they shall:
1. Be limited to a maximum of four six (4) (6) open house signs for each property being advertised for
sale.
2. Not be located within the public right-of-way where such signs endanger the safety of persons or
property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress
into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-
two (32) thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip
between the roadway and the sidewalk. Signs are not allowed in medians.
3. Not be adhered or attached to any public signpost, traffic signal, or utility pole.
4. Not be placed within a five (5) foot radius of a call box, fire hydrant, or mailbox.
5. Include placement of no more than eight (8) open house signs at any intersection and no more than
one (1) sign per property being advertised may be placed at an intersection.
6. Not have additional tags, riders, streamers, balloons, or other attachments.
7. Not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade.
8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m.
through sunset.
9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the time spent
by City personnel, or its authorized agents, to remove and enforce illegally located open house signs in
violation of Section 8.84.140.I. In cases of repeated violations of requirements dealing with open house
signs, rights to locate new open house signs in the City shall be forfeited.
10. Secure proper authorization by the affected private property owner prior to placement of signs on
private property.
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Attachment 4
Real Estate Directional Sign Comparison Table- Tri-Valley Cities
Jurisdiction
Maximum
Off-Site Real
Estate
Directional
Signs per
Property
Maximum Number
of Real Estate
Directional Signs
Allowed per
Intersection
Placement in Public Right
of Way (PROW)Allowed Display Times
Enforcement
(Repeated
Violations)
Dublin
(current
ordinance)
4 8 (no more than 1
sign per property)
Prohibited within the PROW
if it endangers public safety,
is within 5 ft of a call box, fire
hydrant, or mailbox. Must
provide a minimum 32-inch
clearance for the path of
travel.
Holidays, Saturdays and Sundays
and one agent weekday tour each
week from 10:00 am to sunset.
Removal of signs,
City's authority to
assess costs and
time for
enforcement to
remove signs, and
rights forfeited
Pleasanton 4 -
Prohibited within medians
and allowed within the right-
of-way.
Monday - Sunday 10:00 am –
6:00 pm PST and Monday -
Sunday 10:00 am – 8:00 pm PST
Daylight Savings Time
Removal of signs,
removal fee and
fines
Livermore No limit on
private
property
No limit on private
property
Prohibited within PROW of
residential, commercial, and
industrial zones other than
the the Downtown Specific
Plan area.
Thursday, Saturday, and Sunday
during daylight hours Removal of signs
San Ramon
1 per
intersection
leading to the
site
8 (major
intersection)
4 (residential street)
Prohibited within the PROW
and must be placed 6’ from
the back of sidewalk.
Weekends and removed no later
than Sunday at sunset. Agent
tours on Thursdays and Fridays
between the hours of 9:30 am and
2:00 pm
Removal of signs,
City's authority to
assess costs and
time for
enforcement, and
rights forfeited
Danville
1 per
intersection
leading to the
site
8 (major
intersection)
4 (residential street)
Prohibited from blocking the
path of travel or line of sight.
Saturdays, Sundays, and holidays
and one agent weekday tour from
10:00 am to sunset.
Removal of signs,
City's authority to
assess costs and
time for
enforcement
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