HomeMy WebLinkAbout8.4 Attch 4 CC Ord 15-10ORDINANCE NO. 15 -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 8.120.050.6 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.
SECTION 2.
Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is
hereby amended as follows:
Ord No. 15-10, Adopted 7/20/10, Item 4.7 Page 1 of 9 ATTACHMENT 4
"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
Sinn Approvals and Decisionmaker Authority by Zoning District*
Sign Type A R-1, R-2, R-M O C-1 C-2 M-P, M-1, M-2
Awning E X ZC ZC ZC
Bulletin Board BP BP BP BP BP
Coming Soon x X ZC ZC ZC
Communi ID X ZC ZC ZC ZC
Elect ronic Readerboard X X R P PC CUP PC CUP PC CUP PC
Freestanding 20' or less in
ht. E X BP BP BP
Freestanding greater than
20' in hei ht X X SDR SDR SDR
Grand-O enin X X Zc z7C 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 Building Master ID X X ZC ZC ZC ZC ZC
Off-Site Residential
Development Directional BP BP BP BP BP BP BP
Off-Site Temporary For Sale
or Lease E X ZC ZC ZC ZC ZC
Open-House X Permitted X X X X X
Permanent Banner Sign X X X X MSP/SDR MSP/SD
R MSP/SDR
Projecting £ 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
Special Easement E X ZC ZC ZC ZC ZC
Temporary Promotional (21
Days) X ZC". ZC ZC ZC ZC ZC
Tenant Directory 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.B 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.
Ord 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
Sign Development Reaulations
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions ` Additional
Section No. Number of Height side Requirements` Regulations `
signs 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 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 fL 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 property pertaining to an
Sec. line; Must meet on-site church,
8.84.0503 all other yard school, community
requirements. center, park,
hospital or
institutional
building.
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
occupancy.
Community 1 20 ft. 120 sq. ft. Service club Illumination shall
to 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
Ord 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 "
signs ins . 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.
sign.
Freestanding 1 per 10 fL 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 Initial
8.84.050.13 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
Building 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
Ord No. 15-10, Adopted 7120/10, 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 It
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 public road.
Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk Not attached to
Sec. 4 per and any public
8.84.0501 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
8.84.060.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
Ord No. 15-10, Adopted 7/20/10, 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
signs tL
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
8.84.050.0 landscape
planter
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
Ord No. 1 &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 " Restriction' Regulations'
signs
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; 30
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 90-
days per
calendar year.
Tenant 1 NIA 12 sq. ft. At entrance of Listing of tenant None
Directory building on an names and suite
Sec. exterior wall. numbers/letters.
8.84.050.11
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.
06 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
Ord 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 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 8.84.020.6 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. 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
Ord No. 15-10, Adopted 7/20/10, item 4.7 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 20th day of July, 2010, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Mayor
Ord No. 15-10, Adopted 7/20/10, Item 4.7 Page 9 of 9