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HomeMy WebLinkAboutOrd 15-10 Muni Code Sign RegORDINANCE NO. 15 -10 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 A ONE- YEAR PERIOD PLPA 2010-00021 WHEREAS, on July 21, 2009, the City Council adopted Ordinance 11-09 which approved a one-year modification to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, to provide a stimulus to businesses and property owners in the City during the current economic climate; and WHEREAS, the temporary modifications will expire on August 20, 2010 and the previous regulations will then take effect; and WHEREAS, the City Council requested that Staff bring the temporary modifications back to the City Council prior to the expiration of the modifications; and WHEREAS, a properly noticed public hearing was held by the City Council on June 22, 2010; and WHEREAS, pursuant to section 8.120.050.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: SECTIDN 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. SECTION 2. Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby amended as follows: Ofd No. 15-10, Adopted 7/20/10, Item 4.7 Page 1 of 9 "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 Communit ID X ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP PC CUP PC CUP PC CUP PC CUP PC Freestanding 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 Si n 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) square 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 square feet on a side is allowed with a Site Development Review. "* Only Temporary Banners, not exceeding 12-square feet, are allowed for apartment communities (see Section 8.84.020.6 for definition). All other temporary promotional signs are not allowed in this zoning district. 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. OfCI No. 15-10, Adopted 7/20/10, Item 4.7 Page 2 of 9 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 Sipn Develoument Reaulations ** Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions " Additional Section No. Number of Height side Requirements* Regulations * si ns in s. 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 or tenant inches. More 8.84.050.A frontage as to maximum of 150 frontage with than 36 inches permitted by sq. ft. (with SDR, maximum of with SDR. Sec. 8.84.110 1.5/lineal ft. to max three Max. sign length B•4• of 250 sq. ft.); 25% frontages. 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 ro e p p rty pertaining to an Sec. line; Must meet on-site church, 8.84.050.B all other yard school, community requirements. center, park, hospital or institutional buildin . Coming 2 8 ft. 32 sq. ft. On Opening date, May only be Soon construction architect, engineer, placed during Sec. site. contractor, future time period 8.84.050.C business, or between building lender. permit and final occu anc . Community 1 20 ft. 120 sq. ft. Service club Illumination shall ~~ names and not be Sec. emblems and intermittent; 8.84.050.D community Means of slogans 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 Ofd No. 15-10, Adopted 7/20/10, Item 4.7 Page 3 of 9 Sign Type , Maximum Maximum Maximum Location Copy Additional Section No. Number of Height Area per side Requirement* Restrictions * Regulations * si ns in s. ft. Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 Per Sec. Readerboard 8.84.110 if 8.84.110 if 8.84.110 if 8.84.110 if if wall sign; 8.84.110 if wall Sec. wall sign; wall sign; wall sign; wall sign; 8.84.120 if sign; 8.84.120 if 8.84.050.E 8.84.120 if 8.84.120 if 8.84.120 if 8.84.120 if freestanding freestanding free- freestandin freestanding freestanding sign. sign. standing g sign. sign. sign. . si n. Freestanding 1 per 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have 20' or less in parcel; 2 property side at appropriate building address minimum height; or more line; May property line; dimension; or address clearance of 14 Freestanding with be May increase Not closer range. feet if greater than Master increased .5 2.5 sq. feet than 50 feet overhanging 20' in height. Sign ft. for every per side for from R-O-W of vehicular way; Sec. 8.84.120. Program. 1 ft. the each 1 ft. Interstate Must not project sign is set sign is set Highway; into a public back from back from Permitted right-of-way. the nearest nearest street within street frontage required frontage property line. yards; At one property Maximum of or more main line up to a 150 sq. ft. entrances maximum with Master of 20 ft.; Up Sign Program. to 35 ft. with SDR. Grand- 1 No limit. No limit. Must be Only effective Opening displayed on within 60 days Sec. the site on of initiai 8.84.050.G which grand- occupancy; 30- opening will day maximum. occur. Identification 1 6 ft. 24 sq. ft. with None. Name and/or use Means of Sec. Zoning of building. support shall be 8.84.050.H Clearance; concealed. 36 sq. ft. with SDR. Office 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum Buiiding building, parcel frontage Master ID institutional use required; Means Sec. and address of support shall 8.84.050.1 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 Ofd No. 15-10, Adopted 7/20/10, Item 4.7 Page 4 of 9 Sign Type Maximum Maximum Maximum Location Copy Additional Section No. Number of Height Area per Requirements * Restrictions * Regulations * signs side in sq. 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 Developmen of of of Community Community Community t Directional Community Community Community Development Development Development Sec. Developmen Developmen Developmen 8.84.050.J t t t 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, lease Up to 2 per of advertised and/or agency. plywood, metal Sec. parcel. premises w/o or other rigid 8.84.050.K direct access material. to ublic road. Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk Not attached to Sec. 4 per and any pubiic 8.84.050.L property; landscaping sign, post, Up to 8 per strip but traffic signal or inter- cannot disrupt utility pole; No section. normal additional tags, One per vehicular flow, riders, property block views, streamers, being block ingress balloons or advertised or egress to other at a given any residence attachments; intersection or business, or Permitted on restrict a Holidays, sidewalk to Saturdays and less than 32 Sundays and inches. one agent tour Prohibited in day each week center divider from 10:00 a.m. or traffic to sunset. islands of public streets; Cannot be within 5 ft. radius of a call box, fire hydrant or mail box. Pedestrian/ 1 N/A 5 sq. ft. Suspended None. 8 ft. vertical Shingle from canopy clearance; Sec. over a Perpendicular 8.84.050.M sidewalk to business directly in front building wall. of the door of the 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 Ofd No. 15-10, Adopted 7l20/10, Item 4.7 Page 5 of 9 Sign Type Maximum Maximum Maximum Area Location Copy Additional Section No. Number of Height per side in sq. Requirements * Restrictions * Regulations * si ns ft. Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of Maintain in Banner MSP/SDR shopping center, good Sec. business or logo. condition; 8.84.050.N Subject to semi-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 Sec. business. May be be increased front wail of (C) 8.84.050.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 8.84.050.Q landscape lanter Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be Station fuel products; frontage. combined with Price Signs 24 sq. ft for 4 Service Station Sec. fuel products. Display 8.84.050.R Structure. Special 1 4 ft. 24 sq. ft. Within Name of In-lieu of Easement immediate business and/or Freestanding Sec. vicinity of the center. Sign; Business 8.84.050.S business the located on sign parcel w/o advertises. direct access or frontage on improved ROW; must be connected by roadway/acces s 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 OPd No. 15-10, Adopted 7/20/10, Item 4.7 Page 6 of 9 Sign Type Maximum Maximum Maximum Area per Location Copy Additional Section No. Number of Height side in sq. ft. Requirements * Restrictions* Regulations " si ns Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of 21 Promotional Clearance. Clearance. Clearance. which business Clearance. consecutive Sec. is located and calendar days 8.84.050.S shall not be per permit; 39 Banner signs shall located so that 21 consecutive not be larger than 60 the sign is calendar day square feet higher than the waiting period eave of the between structure in permits. Temporary Banner which the for Apartment business is Temporary Temporary One (1) Communities which located. Banners for Promotional shall not exceed 12 Apartment Banner for square feet Communities Apartment shall be allowed Sec. 10 consecutive 8.84.050 _S 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 9p- 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. 8.84.050. U Wall 1 per 2 ft. 6 in. 1 sq. ft. per lineal ft. 1 per business N/A May project 12 Sec. business or of Tenant Frontage or tenant inches, 30 8.84.110V tenant to maximum of 150 frontage with inches w/ SDR. frontage sq. ft. (with SDR, maximum of Max. sign Rev. Ord. 20- with 1.5/lineal ft. to max three frontages. length 24 ft. O6 maximum of 250 sq. ft.); 25% (November of three bonus if tenant 2006) frontages space is 100 ft. from Street. Window N/A N/A N/A Inside a N/A Not more than Sec. building. 25% of 8.84.050.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 Ofd No. 15-10, Adopted 7/20/10, Item 4.7 Page 7 of 9 SECTION 4. 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: Section 8.84.050.S 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 finrenty-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 batloons 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. Ofd No. 15-10, Adopted 7/20/10, Item 4.7 Permit Expiration. Notwithstanding any conditions of approval of permits approved prior to the effective date of Ordinance No. 15-10, 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 Page 8 of 9 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. 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. SECTION 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, 8.84.050.S and 8.96.020.D as they existed on the August 19, 2009 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 20t" day of July, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ ,,,,..,_, ~ ~~~ u~ Mayor V--~_~- ~ ~ City Clerk Ofd No. 15-10, Adopted 7/20/10, Item 4.7 Page 9 of 9