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HomeMy WebLinkAboutOrd 11-09 MuniCode Sign RegORDINANCE NO. 11 - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 RELATING TO SIGN REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT PROCEDURES FOR AONE- YEARPERIOD ZOA 09-001 WHEREAS, at the request of the City Council, Staff has reviewed the Zoning Ordinance for ways to provide a stimulus to businesses and property owners in the City during the current economic climate; and WHEREAS, the City Council has identified temporary modifications to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Zoning Ordinance which will provide assistance to business and property owners during the current economic climate; and WHEREAS, the proposed modifications would be in effect for a period of one year from the effective date of the Ordinance adopted by the City Council; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this Project on May 26, 2009 and adopted Resolution 09-24 recommending that the City Council approve temporary modifications to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on July 7, 2009; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.OSO.B of the Dublin Municipal Code, the City Council finds that the amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City of Dublin does ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. This adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 1 of 9 SECTION 2. Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby amended as follows: Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District. Matrix A, Sign Approvals and Decisionmaker Authority prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Si n T e A R-1, R-2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2 Awnin E X ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP Comin Soon X X ZC ZC ZC ZC ZC Communi ID X ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP PC CUP PC CUP PC CUP PC CUP PC Freestandin 20' or less in ht. E X ZC X BP BP BP Freestanding greater than 20' in hei ht X X X X SDR SDR SDR Grand-O enin X X ZC ZC ZC ZC ZC Identification ** ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR(ZA X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) Office Buildin Master ID X X ZC ZC ZC ZC ZC Off-Site Residential Develo ment Directional BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease E X ZC ZC ZC ZC ZC O en-House X Permitted X X X X X Permanent Banner Sign X X X X MSP/SDR MSP/SD R MSP/SDR Pro'ectin E X BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC Service Station Price Sin X X ZC X ZC ZC ZC S ecial Easement E X ZC ZC ZC ZC ZC Temporary Promotional (21 Da s X ZC*** ZC ZC ZC ZC ZC Tenant Directo X X BP BP BP BP BP Wall E X BP BP BP BP BP Window X X BP BP BP BP BP Notes for Matrix A: E Business Signs not exceeding an area of ten (10) squaze feet per side are permitted per Section 8.84.090. and subject to Building Permit BP Permitted and subject to Building Permit CUP Conditional Use Permit Approval Required and subject to Building Permit SDR Site Development Review Approval by Staff Required and subject to Building Permit PC Planning Commission is decision maker authority ZA Zoning Administrator is decision maker authority ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted * Matrix A does not reflect Exempt Signs in Section 8.84.140 ** A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 squaze feet on a sib is allowed with a Site Ord. No. 11-09, Adopted '7-21-09, Item 4.4 Page 2 of 9 Development Review. *** Only Temporary Banners, not exceeding l~squaze feet, aze allowed for apartment communities (see Section 8.84.020.B for definition). All other temporary promotional signs aze not allowed in this zoning distict. Planned Development signage is permitted by Section 8.84.100. A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200. SECTION 3. Section 8.84.040 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby amended as follows: Section 8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign Development Regulations, prescribes required development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, Signs Subject To Permits. Matrix B Sign Development Regulations ** Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section No. Number of Height side Requirements * Regulations * si s ins . ft. Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal ft. 1 per business N/A May project 36 Sec. or tenant of Tenant Frontage to or tenant inches. More 8.84.OSO.A frontage as maximum of 150 sq. frontage with than 36 inches permitted by ft. (with SDR, maximum of with SDR Sec. 8.84.110 1.5/lineal ft. to max of three frontages. Max. sign length B.4. 250 sq. ft.); 25% of 24 ft. bonus if tenant space is 100 ft. from Street. Bulletin 1 6 ft. 24 sq. ft. 10 ft. from Announcements Board front property pertaining to an on- Sec. line; Must meet site church, school, 8.84.OSO.B all other yard community center, requirements. park, hospital or institutional buildin . Coming Soon 2 8 ft. 32 sq. ft. On construction Opening date, May only be Sec. site. architect, engineer, placed during 8.84.OSO.C contractor, future time period business, or lender. between building permit and final occu anc . Community 1 20 ft. 120 sq. ft. Service club names Illumination shall ID and emblems and not be Sec. community slogans intermittent; 8.84.OSO.D Means of support shall be concealed. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 3 of 9 Sign Type , Maximum Maximum Maximum Location Copy Restrictions Additional Section No. Number of Height Area per side Requirements * * Regulations si ns ins . ft. Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 if Per Sec. 8.84.110 Readerboard 8.84.110 if 8.84.110 if 8.84.110 if wall 8.84.110 if wall wall sign; 8.84.120 if wall sign; Sec. 8.84.050.E wall sign; wall sign; sign; 8.84.120 sign; 8.84.120 if if freestanding 8.84.120 if 8.84.120 if 8.84.120 if if freestanding freestanding sign. freestanding sign. free- freestanding sign. sign. standing sign. si n. Freestanding 1 per parcel; 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have 20' or less in 2 or more property side at appropriate building address or minimum height; with Master line; May be property line; dimension; Not address range. clearance of 14 Freestanding Sign increased .5 May increase closer than 50 feet if greater than Program. ft. for every 2.5 sq. feet per feet from R-O- overhanging 20' in height. 1 ft. the sign side for each 1 W of Interstate vehicular way; Sec. 8.84.120. is set back ft. sign is set Highway; Must not project from the back from Permitted into a public nearest street nearest street within required right-of--way. frontage frontage yards; At one property line property line. or more main up to a Maximum of entrances with maximum of 150 sq. ft. Master Sign 20 ft.; Up to Program. 35 ft. with SDR Grand- 1 No limit. No limit. Must be Only effective Opening displayed on within 60 days of Sec. 8.84.OSO.G the site on initial occupancy; which grand- 30-day maximum. opening will occur. Identification 1 6 ft. 24 sq. ft. with None. Name and/or use of Means of support Sec. 8.84.OSO.H Zoning building. shall be Clearance; concealed. 36 sq. ft. with SDR Office Building 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum Master ID building, parcel frontage Sec. 8.84.OSO.I institutional use required; Means and address of support shall be concealed. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 4 of 9 Sign Type Maximum Maximum Maximum Location Copy Restrictions Additional Section No. Number of Height Area per side Requirements * * Regulations si ns ins . ft. Off-Site Determined Determined Determined Determined by Determined by Determined by Residential by Director by Director by Director Director of Director of Director of Development of of of Community Community Community Directional Community Community Community Development Development Development Sec. Development Development Development 8.84.OSO.J Off-Site 1 per 100 ft. 8 ft. 16 sq. ft. Off-site sign is For sale or lease; Must be Temporary of street located in Name and phone constructed of For sale or frontage; immed. vicinity number of agent wood, plywood, lease Up to 2 per of advertised and/or agency. metal or other Sec. parcel. premises w/o rigid material. 8.84.OSO.K direct access to ublic road. Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk and Not attached to Sec. 4 per landscaping strip any public sign, 8.84.050.E property; but cannot post, traffic Up to 8 per disrupt normal signal or utility inter-section. vehicular flow, pole; No One per block views, additional tags, property block ingress or riders, being egress to any streamers, advertised at residence or balloons or other a given business, or attachments; intersection restrict a Permitted on sidewalk to less Holidays, than 32 inches. Saturdays and Prohibited in Sundays and one center divider or agent tour day traffic islands of each week from public streets; 10:00 a.m. to Cannot be sunset. within 5 ft. radius of a call box, fire hydrant or mail box. Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical Shingle canopy over a clearance; Sec. sidewalk directly Perpendicular to 8.84.OSO.M in front of the business building door of the wall. business. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 5 of 9 Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional Section No. Number of Height per side in sq. ft. Requirements * * Regulations si ns Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in good Banner MSP/SDR center, business or condition; Sec. logo. Subject to semi- 8.84.OSO.N annual review; Replace if in poor maintenance. Projecting 1 per 2 ft. 6 in.; 16 sq. ft.; May In middle 1/3 of N/A Sec. 8.84.110 (C) Sec. business. May be be increased front wall of 8.84.OSO.P increased through SDR building. through SDR. Service 1 8 ft. 16 sq. ft. None. Name of service May be Station station. combined with Display Service Station Structure Price Signs; Sec. Placed in 8.84.OSO.Q landscape lanter Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be Station Price fuel products; 24 frontage. combined with Signs sq. ft for 4 fuel Service Station Sec. products. Display 8.84.OSO.R Structure. Special 1 4 ft. 24 sq. ft. Within Name of business In-lieu of Easement immediate and/or center. Freestanding Sec. vicinity of the Sign; Business 8.84.050.5 business the sign located on parcel advertises. w/o direct access or frontage on improved ROW; must be connected by roadway/access easement. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 6 of 9 Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional Section No. Number of Height per side in sq. ft. Requirements * * Regulations si s Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of 21 Promotional Clearance. Clearance. Clearance. which business is Clearance. consecutive Sec. 8.84.050. located and shall calendar days S not be located so per permit; 21 Banner signs that the sign is consecutive shall not be higher than the calendar day larger than 60 eave of the waiting period square feet structure in between permits. which the business is Temporary located. Temporary Temporary One (1) Banner for Banners for Promotional Apartment Apartment Banner for Communities Communities Apartment which shall not shall be allowed Sec. exceed 12 square 10 consecutive 8.84.OSO.S feet days per permit; 20 consecutive calendar days waiting period between permits. The duration in which banners may be displayed is limited to a maximum duration of 90- days per calendar ear. Tenant 1 N/A 12 sq. ft. At entrance of Listing of tenant None Directory building on an names and suite Sec. exterior wall. numbers/letters. 8.84.OSO.U Wall 1 per 2 ft. 6 in. 1 sq. ft. per 1 per business or N/A May project 12 Sec. business or lineal ft. of tenant frontage inches, 30 inches 8.84.110V tenant Tenant Frontage with maximum w/ SDR Max. frontage to maximum of of three sign length 24 ft. Rev. Ord 20- with 150 sq. ft. (with frontages. 06 (November maximum of SDR,1.5/lineal 2006) three ft. to max of 250 frontages sq. ft.); 25% bonus if tenant space is 100 ft. from Street. Window N/A N/A N/A Inside a N/A Not more than Sec. building. 25% of 8.84.OSO.W contiguous window area. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 7 of 9 CF.f Ti(1N d Subsection S of Section 8.84.050 of Chapter 8.84 of the Dublin Municipal Code, entitled "Temporary Promotional Signs," is hereby amended as follows: S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on-site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty- one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on-site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.B for definition of apartment communities). Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. SECTION 5. Section 8.96.020.D of Chapter 8.96, of the Dublin Municipal Code, entitled "Permit Procedures," is hereby amended as follows: D. Permit Expiration. Notwithstanding any conditions of approval of permits approved prior to the effective date of Ordinance No. 11-09, construction or use shall commence within two (2) years of Permit approval, or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval, or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 8 of 9 SECTION 6. Severability. The provisions 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 circumstances, 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. CF.(''TT(1N 7_ Effective Date, Term and Posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its adoption. This Ordinance shall expire one year from the effective date and following its expiration, the provisions of Dublin Municipal Code sections 8.84.040, 8.84.OSO.S and 8.96.020.D as they existed on the day preceding the effective date of this ordinance shall become effective. 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 21St day of July 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti NOES: None ABSENT: Vice Mayor Hildenbrand ABSTAIN: None if , lJ ~-- Mayor ATTEST: ~~ City Clerk Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 9 of 9