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HomeMy WebLinkAboutPC Reso 10-47 AmendToOrd-signRegulationsForTempPromotionalBanners RESOLUTION NO. 10- 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) OF THE DUBLIN ZONING ORDINANCE RELATED TO TEMPORARY PROMOTIONAL BANNERS PLPA-2010-00046 WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to streamline the entitlement process for development applications and to promote businesses in Dublin; and WHEREAS, on July 20, 2010, the City Council adopted Ordinance 15-10 which extended for one year certain modifications to Chapter 8.84, Sign Regulations intended to allow greater flexibility for posting banner signs; and WHEREAS, Ordinance 15-10 will expire on August 19, 2011 after which the previous regulations relating to banner signs will then take effect; and WHEREAS, at the time it adopted Ordinance 15-10, the City Council directed Staff to draft an ordinance making the temporary modifications to Chapter 8.84 permanent; and WHEREAS, the proposed amendments to the Zoning Ordinance are set forth in the proposed Ordinance that is attached as Exhibit A to this Resolution; and WHEREAS, pursuant to Section 8.120.050.13 of the Dublin Municipal Code, the Planning Commission finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan and all applicable Specific Plans; and WHEREAS, the project has been found to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code do not have the potential for causing a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public hearing on the proposed modifications on September 28, 2010, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its September 28, 2010, meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 28th Day of September 2010 by the following votes: AYES: King, Brown, Schaub, Wehrenberg, Swalwell NOES: ABSENT: ABSTAIN: ` Plan ing ommiss n Ch irperson ATTEST: Planni M ger G:IPA#120101PLPA-2010-00046 ZOA Signs, BannerslPC 09.28.20101PC Att 4- Reso.DOC 2 ORDINANCE NO. xx - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE DUBLIN ZONING ORDINANCE RELATED TO TEMPORARY PROMOTIONAL BANNERS PLPA-2010-00046 WHEREAS, on July 20, 2010, the City Council adopted Ordinance 15-10 which extended for one year certain modifications to Dublin Municipal Code Chapter 8.84, Sign Regulations intended to allow greater flexibility for posting banner signs; and WHEREAS, Ordinance 15-10 will expire on August 19, 2011 and the previous regulations will then take effect; and WHEREAS, at the time it adopted Ordinance 15-10, the City Council directed Staff to draft an ordinance making the temporary modifications to Chapter 8.84 permanent; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on September 28, 2010 and adopted Resolution 10-xx recommending that the City Council adopt an Ordinance amending Chapter 8.84 of the Dublin Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on , 2010; and WHEREAS, pursuant to section 8.120.050.13 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance 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 Council of the City of Dublin does hereby 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. The 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. EXHIBIT A TO ATTACHMENT 6 SECTION 2. Section 8.84.030 of the Dublin Municipal Code is hereby amended to read as follows in its entirety: 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 Sian Approvals and Decisionmaker Authoritv by Zoninq District* Sign Type A R-1, R-2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2 Awning E X ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP Coming Soon x X ZC ZC ZC ZC ZC Community 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 height x X X X SDR SDR SDR Grand-Opening 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 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 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 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 Page 2 of 8 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. SECTION 3. Section 8.84.040 of the Dublin Municipal Code is hereby amended to read as follows in its entirety: 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 Siqn Development Requlations ** Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section Number of Height side Requirements* Regulations No. signs ins . ft. Awning 1 per business or 2 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or N/A May project 36 Sec. tenant frontage as Tenant Frontage to tenant frontage inches. More 8.84.050.A permitted by Sec. maximum of 150 sq. ft. with maximum of than 36 inches 8.84.110 B.4. (with SDR, 1.5/lineal ft. three frontages. with SDR. to max of 250 sq. ft.); Max. sign length 25% bonus if tenant of 24 ft. space is 100 ft. from Street. Bulletin 1 6 ft. 24 sq. ft. 10 ft. from front Announcements Board property line; pertaining to an on-site Sec. Must meet all church, school, 8.84.050.13 other yard community center, requirements. park, hospital or institutional building. Coming 2 8 ft. 32 sq. ft. On construction Opening date, May only be Soon site. architect, engineer, placed during Sec. contractor, future time period 8.84.050.C business, or lender. between building permit and final occupancy. Community 1 20 ft. 120 sq. ft. Service club names Illumination shall ID and emblems and not be Sec. community slogans intermittent; 8.84.050.D Means of support shall be concealed. Electronic Per Sec. 8.84.110 Per Sec. Per Sec. 8.84.110 if wall Per Sec. 8.84.110 Per Sec. 8.84.110 if Per Sec. Readerboar if wall sign; 8.84.110 if sign; 8.84.120 if if wall sign; wall sign; 8.84.120 if 8.84.110 if wall d Sec. 8.84.120 if free- wall sign; freestanding sign. 8.84.120 if freestanding sign. sign; 8.84.120 if 8.84.050.E standing sign. 8.84.120 if freestanding sign. freestanding freestandin sign. sign. Page 3 of 8 Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions ` Additional Section Number of Height side Requirements' Regulations " No. signs ins . ft. Freestandin 1 per parcel; 2 or 10 ft. at 15 sq. ft. per side at In a planter of Must indicate building Must have g 20' or more with Master property property line; May appropriate address or address minimum less in Sign Program. line; May increase 2.5 sq. feet per dimension; Not range. clearance of 14 height; be side for each 1 ft. sign is closer than 50 feet if Freestandin increased set back from nearest feet from R-O-W overhanging g greater .5 ft. for street frontage property of Interstate vehicular way; than 20' in every 1 ft. line. Maximum of 150 sq. Highway; Must not project height. the sign is ft. Permitted within into a public Sec. set back required yards; At right-of-way. 8.84.120. from the one or more main nearest entrances with street Master Sign frontage Program. property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. Grand- 1 No limit. No limit. Must be displayed Only effective Opening on the site on within 60 days Sec. which grand- of initial 8.84.050.G opening will occupancy; 30- occur. day maximum. Identificatio 1 6 ft. 24 sq. ft. with Zoning None. Name and/or use of Means of n Clearance; 36 sq. ft. building. support shall be Sec. with SDR. concealed. 8.84.050.H Office 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum Building building, institutional parcel frontage Master ID use and address required; Means Sec. of support shall 8.84.050.1 be concealed. Off-Site Determined by Determined Determined by Director of Determined by Determined by Director Determined by Residential Director of by Director Community Development Director of of Community Director of Developme Community of Community Development Community nt Development Community Development Development Directional Developme Sec. nt 8.84.050.) Off-Site 1 per 100 ft. of 8 ft: 16 sq. ft. Off-site sign is For sale or lease; Must be Temporary street frontage; located in immed. Name and phone constructed of For sale or Up to 2 per vicinity of number of agent and/or wood, plywood, lease parcel. advertised agency. metal or other Sec. premises w/o rigid material. 8.84.050.K direct access to public road. Page 4 of 8 Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions' Additional Section Number of Height side Requirements" Regulations ` No. signs ins . ft. Open- Maximum of 4 per 3 ft. 4 sq. ft. On sidewalk and Not attached to House property; Up to 8 landscaping strip any public sign, Sec. per inter-section. but cannot disrupt post, traffic 8.84.0501 One per property normal vehicular signal or utility being advertised flow, block views, pole; No at a given block ingress or additional tags, intersection egress to any riders, residence or streamers, business, or balloons or restrict a sidewalk other to less than 32 attachments; inches. Permitted on Prohibited in Holidays, center divider or Saturdays and traffic islands of Sundays and public streets; one agent tour Cannot be within day each week 5 ft. radius of a from 10:00 a.m. call box, fire to sunset. 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 8.84.050.M in front of the door to business of the business. building wall. Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in Banner MSP/SDR center, business or good condition; Sec. logo. Subject to 8.84.050.N semi-annual review; Replace if in poor maintenance. Projecting 1 per business. 2 ft. 6 in.; 16 sq. ft.; May be In middle 1/3 of N/A Sec. 8.84.110 Sec. May be increased through SDR. front wall of (C) 8.84.050.P increased 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 planter Service 2 6 ft. 16 sq. ft for 3 fuel 1 per street Gasoline prices. May be Station products; 24 sq. ft for 4 frontage. combined with Price Signs fuel products. Service Station Sec. Display 8.84.050.R Structure. Page 5 of 8 Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section Number of Height side Requirements* Regulations No. signs ins . ft. Special 1 4 ft. 24 sq. ft. Within immediate Name of business In-lieu of Easement vicinity of the and/or center. Freestanding Sec. business the sign Sign; Business 8.84.050.S advertises. located on parcel w/o direct access or frontage on improved ROW; must be connected by roadway/acces s easement. Temporary Per Zoning Per Zoning Per Zoning Clearance. Only on site on Per Zoning Clearance. Maximum of 21 Promotional Clearance. Clearance. which business is consecutive Sec. located and shall calendar days 8.84.050.T Banner signs shall not be not be located so per permit; 21 larger than-60 square feet that the sign is consecutive higher than the calendar day eave of the waiting period structure in which between the business is permits. located. Temporary One (1) Temporary Banner for Temporary Promotional Apartment Communities Banners for Banner for which shall not exceed 12 Apartment Apartment square feet Communities Sec. shall be 8.84.0503 allowed 10 consecutive 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 N/A 12 sq. ft. At entrance of Listing of tenant names None Directory building on an and suite Sec. exterior wall. numbers/letters. 8.84.050.U Page 6 of 8 Sign Type Section No. Maximum Number of signs Maximum Height Maximum Area per side ins . ft. Location Requirements* Copy Restrictions * Additional Regulations Wall 1 per business or 7 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or N/A May project 12 Sec. tenant frontage Tenant Frontage to tenant frontage inches, 30 8.84.110V with maximum of maximum of 150 sq. ft. with maximum of inches w/ SDR. three frontages (with SDR, 1.5/lineal ft. to three frontages. Max. sign Rev. Ord. max of 250 sq. ft.); 25% length 24 ft. 20-06 bonus if tenant space is (November 100 ft. from Street. 2006 Window N/A N/A N/A Inside a building. N/A Not more than Sec. 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 SECTION 4. Section 8.84.050.S of the Dublin Municipal Code is hereby amended to read as follows in its entirety: 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 8.84.020.13 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 Page 7 of 8 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: 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 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. 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 BY the City Council of the City of Dublin on this - day of 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk GAPAA2010TI-PA-2010-00046 ZOA Signs, Banners\PC 09.28.2010\PC Att 4 - Exhibit A - CC Ord.doc Page 8 of 8