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HomeMy WebLinkAbout02-060 ZOASignReg02-14-2003 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: JANUARY 14, 2003 SUBJECT: PA 02-060 City of Dublin, Zoning Ordinance Amendment - Amendment to Chapter 8.84, Sign Regulations of the Dublin Municipal Code (Zoning Ordinance) Prepared by Andy Byde, Senior Planner ATTACHMENTS: 2. 3. 4. December 3, 2002, City Council Agenda Statement; December 3, 2002, City Council minutes on Report on Apartment Temporary Signage; Resolution recommending the City Council adopt the ordinance amending the Dublin Municipal Code (Zoning Ordinance); Ordinance amending the Dublin Municipal Code. RECOMMENDATION: 2. 3. 4. 5. Open Public Hearing and receive Staff presentation; Take testimony from the Applicant and the Public; Question Staff, Applicant and the Public; Close Public Hearing and deliberate; Adopt resolution (Attachment 3) recommending the City Council adopt the Ordinance (Attachment 4) to amend the Dublin Municipal Code. BACKGROUND: At the October 1, 2002, City Council meeting, the City Council directed Staff to meet with the owners and managers of the apartment communities within the City, to discuss the current sign regulations in respect to temporary signage and bring this issue back to the City Council for direction. Currently, the City Zoning Ordinance (Sign Regulations-Section 8.84.030) does not permit temporary banners for any uses within a residential zoning district, including apartment communities. Temporary banners are allowed for business within commercial zoning districts for a period of 15-days through the approval of a zoning clearance, which consists of an over the counter permit and a $25 fee (the banner then must be down for 30-days before reapplying for a new zoning clearance). The maximum allowed size for temporary banners is 30" wide by 24 feet long (60 square feet). Additionally, apartments (and other not for sale housing) are not allowed to utilize off-site open-house signs, as are for-sale housing (Section 8.84.050). Staff met with the apartment owners and managers of apartment projects to discuss their concerns with the existing sign regulations and also discussed options for changing the ordinance (a synopsis of those discussions are included in Attachment 1, December 3, 2002, City Council Agenda Statement). CITY COUNCIL DIRECTION: At the December 3, 2002, City Council meeting, the Council listened to the concerns of the owners and managers of the apartment communities and evaluated the adjacent cities and regulations they impose on COPIES TO: In House Distribution G:\PA#X2002\02-060\PC staff report. DOC temporary banners for apartment communities. The City Council directed Staff to prepare an ordinance that modified the Sign Ordinance to be consistent with the City of San Ramon, in respect to temporary banners for apartment communities. Listed below is a table of adjacent cities their regulations in respect to temporary banners for apartment communities: Allow City Banner How Large How Long Danville Yes 20 sq ft 15-day consecutive (45-day max per year) < 1 ac=4 sq ft; > 1 ac-9.9ac=32 st ft; 10+ac=128 sq Livermore Yes ft !30-days per quarter Pleasanton No N/A N/A San Ramon Yes 12 sq ft 90-days per year 5-days consecutive (4-times per year for a total of 20- Walnut Creek Yes Not regulated days) Specifically, the City Council decided the appropriate square footage for temporary banners would be limited to 12-square feet maximum with the duration of 15-days up and 45-days down which equates to 90-days per year maximum (as opposed to the 15-days up and 30-days down and 60-square feet allowed for commercially zoned uses under the Zoning Ordinance), the same zoning clearance requirement and $25-fee would apply to the new banner permits. In addition, the City Council directed Staff to evaluate amending the Zoning Ordinance to allow vacancy/no vacancy sign additions to Apartment Communities' monument sign. Staff has evaluated the existing Ordinance and the existing Ordinance allows additions to monuments either by a slot (vacancy/no vacancy sign inserted) or hooks (vacancy/no vacancy sign hung from the bottom). Additions to existing monuments signs are consistent with the existing Ordinance, as long as the addition to the monument sign is of a permanent nature and not made of fabric, therefore Staff does not recommend an amendment to the Ordinance. ENVIRONMENTAL REVIEW: The proposed change to the Municipal Code listed above would not create environmental impacts. These changes are also exempt from CEQA because it can be seen with certainty that there is no possibility that such amendments would have a significant effect on the environment (CEQA Guidelines, Section 15061(b)(3)). CONCLUSION: The Zoning Ordinance (Chapter 8.120), requires that all zoning ordinance amendments (such as this proposed amendment to the Sign Regulations) be heard by the Planning Commission and following a public hearing, the Planning Commission shall make a written recommendation to the City Council whether to approve, approve with modifications or disapprove the amendment. Staff recommends that the Planning Commission Open the Public Hearing and receive Staff presentation close the Public Hearing, deliberate and adopt resolution (Attachmem 4) recommending that the City Council adopt the Ordinance (Attachment 3) to amend the Dublin Municipal Code (Zoning Ordinance-Sign Regulations). GENERAL INFORMATION APPLICANT: LOCATION: ASSESSOR PARCELS: GENERAL PLAN/ SPECIFIC PLAN DESIGNATION: EXISTING ZON1NG AND LAND USE: City of Dublin 100 Civic Plaza Dublin, CA 94568 Citywide Various Various Various CITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 3, 2002 SUBJECT: ATTACHMENTS: 2. 3. 4. Report on Apartment Temporary Signage. Report Prepared by: Andy Byde, Senior Planner Q~. City Council Minutes fi.om October 1, 2002; List of Apartment Comm~inities; Notice sent out to Apas[ment Owners/Managers; Agenda for meeting with Apartment Managers and Owners Receive Staff presentation; Provide direction to Staff regarding developing an ordinance dealing with temporary signage for Apartment Communities; FINANCIAL STATEMENT: No fmancial impact. DESCRIPTION: At the October 1, 2002, City Council meeting, the City Council directed Staffto meet with the owners and managers of the apartment communities within the City, to discuss the current sign regulations in respect to temporary signage and bring this issue back to the City Council for direction. On October 22, 2002, City Staff sent out a notice to all the known apartment owners and managers of apartment projects (larger than 10-units), that there would be a meeting held to discuss temporary apartment signage (see Attachment 2 for a list of known apartments and Attachment 3 for the notice). Current Signage Regulations Currently, the City Zoning Ordinance (Section 8.84.030) does not permit temporary banners for any uses within a residential zoning district, including apartment communities. Temporary banners are allowed for business within commercial zoning districts for a period of 15-days through .the approval of a zoning clearance, which consists of an over the counter permit and a $25 fee (the banner then must be down for 30-days before reapplying for a new zoning clearance). The maximum allowed size for temporary banners is 30" wide by 24 feet long (60 square feet). Additionally, apartments (and other not for sale · housing) are not allowed to utilize off-site open-house signs, as are for-sale housing (Section 8.84.050). However, on-site temporary for lease signs (Section 8.84.140.1) are allowed subject to the following regulations: 1. Not exceed a maximum area of 16 square feet per side (i.e. 4-feet by 4-feet). COPIES TO: Apartment Owners/Managers G:\PAg~2002\02-060\CC Staff Report for direction.doc ' ITEM NO. ~ ATTACHMENT 2. Be limited to one sign place for each 100-feet of street frontage, up to a maximum of 2-signs per parcel. 3. Have a maximum height of 8-feet. 4. State that the property is for sale, lease or exchange by the owner, or his agent with the address and phone number and directions. 5. Be constructed of wood, plywood, metal or other rigid material. 6. Not be placed on a private or public fight-of-way. Meeting with Apartment Managers and Owners On November 7, 2002, City Staff held a meeting with apartment managers and owners, in which approximately 15-people attended, to discuss temporary signage for apartments. During the meeting, apartment managers and owners stated the following concerns with the existing regulations: · Concerned that Banners are not allowed for Apartments. · Concerned that A-frame signs are not allowed. · Apartment Communities in Dublin have a higher reported average vacancy rate than other Tri- valley Cities, and they feel existing signage regulations have exacerbated the vacancy rate. · Holiday times are especially difficult with Iow foot traffic and Iow leasing rates. · Some apartment communities within the City have limited visibility and need special marketing tools to attract potential tenants. ~ · Concerned that apartments are treated differently than other commercially zoned business within City (i.e. no banners allowed for apartments) and different than for-sale housing (i.e. no open. house signs allowed for apartments). · Apartments need a variety of temporary sign types to meet individual site needs. · Request uniform enforcement of regulations (i.e. apartment managers feel when an apartment project is utilizing advertising methods that is not in compliance with City regulations, then that apartment project has an unfair advantage over other apartment projects complying with the regulations). At the same meeting, apartment managers and owners requested the following possible solutions to their concerns with the existing temporary signage regulations: · Allow temporary signage similar to commercially zoned business. · Request no regulation as it relates to the text or color of the banner (color and text is currently not regulated for commercial business). · Do not limit time limit allow the use of banners or other temporary signage as needed (i.e. when there are vacancies). · In lieu of no time limits, allow either: 30-days up and 30-days down or if that is not acceptable allow 15-days up and 30-days down, identical to temporary signage regulations of commercially zoned business. · Allow, "stick signs" in landscaping (paper/cardboard signs on thin metal wire placed in landscaping). · Allow balloons larger than 15" in diameter (18"-20" diameter range). Adjacent Cities and Temporar3, Banner Regulations City Staff has conducted research regarding which nearby jurisdictions allow temporary signage, specifically temporary banners. The following is a list of cities and regulations they impose on temporary banners for apartment communities: City Allow Banner How Large How Long Danville Yes 20 sq ft 15-day consecutive (45-day max per year) <1 ac=4 sq ft; >l ac-9.gac=32 sq ft; Livermore Yes 10+ac=128 sq ft 30-days per quarter Pleasanton No NIA N/A :San Ramon Yes 12 scI ft ~)0-days per year Walnut Creek Yes Not recjulated 5-days consecutive (4-times Der year for a total of 20-days) City Staff has contacted the nearby cities to survey how each city regulates temporary banners for apartment communities, of those cities contacted, one city does not allow temporary banners (Pleasanton) and two cities allow them for 45-days and less, per year (Danville and Walnut Creek respectively). Currently, the Dublin Zoning Ordinance does not allow temporary banners for any use within a residential zoning district (which includes all apartment communities), however for commercially zoned business, Dublin allows temporary banners to be displayed for 15 consecutive days (then down for 30-days). The Zoning Ordinance allows a maximum size for temporary banners of 30" wide by 24 feet long or 60 square feet. The provision which, allows banners to be up for 15-days and requires them down for 30-days, allows temporary banners to be displayed up to approximately 120 days per year. Process If the City Council determines that modifications should be made to the existing Sign ordinance, Staff will prepare an agenda statement and ordinance and bring them before the Planning Commission for review and will then return to the City Council for two public hearings. The new ordinance would then be in effect 30-days after adoption. RECOMMENDATION: Staff recommends the City Council: 1) receive Staff presentation; and (2) provide direction to Staff regarding modifying the Temporary Signage regulations for apartment communities of the Zoning Ordinance. PUBLIC HEARING PINN BROTHERS CONSTRUCTION~ INC., SILVERIA/HAIGHT/NIELSF, N .PROPERTIES PLANNED DEV~OPMENT PREZONING (STAGE I DEVELOPMENT PLAN) PA 02-024 8:01 p.m. 6.2 '(4S0-$0) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This is the second reading of an ordinance which would approve a Planned Development Prezoning (Stage 1 Development Plan) for 2S9 multi-family and single~ family homes on approximately 107.7 acres on the Silveria, I-Iaight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road in the Eastern Dublin Specific Plan area. Andrea Ehresman, Quartz Circle, stated she felt there are still the same issues as the Iron Horse Trail with this project. Is there going to be new schools built?. She stated she has concerns about the development of Dublin and the diminishing open space available and the quality of life. Mayor lx>ckhart briefly discussed new schools, which are proposed to be built as additional homes are built in the east. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15- 02 AMENDING THE ZONING MAP TO PREZONE PROPERTY AND APPROVING A RELATED STAGE I DEVELOPMENT PLAN FOR t07.7 ACRES WEST OF TASSAJARA ROAD AND AT THE INTERSECTION OF FALLON ROAD PA 02-024 . PUBLIC HEARING crry OF DUBLIN ZONING ORDINANCE AMENDMENTS PA 02-040 8:06 p.m. 6.3 (450-20 Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Stuff Report. CITY COUNCIL MINUTES VOLUME g I REGULAR MEKHNG October l, 2002 PAGE 498 ATTACHMENT' This is the second reading of an Ordinance mending various Chapters of the Dublin Municipal Code (Zoning Ordinance) including Chapter 8.08 Definitions: Chapter 8.12 Zoning Districts and Permitted Use of Land; Chapter 8.36 Development Regulations; Chapter 8.40 Accessory Structures and Uses.Regulations; Chapter 8.64 Home Occupations Regulations; Chapter 8.76 Off-Street Parking and Loading Regulations; Chapter 8.84 Sign Regulations; Chapter 8.104 Site Development Review Regulations; Chapter 8.108 Temporary Use permit Regulations; and Chapter 8.lid Enforcement Regulations to provide consistency and clarify minor land regulatory issues. Mayor Loclchart explained that there was a first reading on this when the whole process was reviewed and discussed. The second reading is generally a formality. Mayor Loclchart read a statement submitted by Ki Hwang, North Lake Drive, though my business is catego~xt as a multi-family dwelling and our rules & msula~bns are the same as any otber home owne~, }ye should be cnO'tled to have oppo~n~t'~'es as a ~business~ to promot~ ourselves by ~ray of mmpozaty promo~'onal s~gns. The regulations wem s~'ct enough as it }vas. It arould hinder ~businesses~ to take away that pn'viledg¢ (sic). It helps to promofe grow~h ~ spendin g in Dublin ~ brir~.s in mom tax payeas to our city. ZTirnina~ this p~i~ledge (sic) will hu~ our opportum't.y to ~ laeople to Dublin. EvezTr oppo~'~ to marlre! our business will help. ~ Lisa Hirschhorn, 7100 San Ramon Road, stated she is Community Director of the Springs Apartments and has been them for I 0 months. They have made an obvious improvement. She requested that the Council consider mending the current signage regulations to all multi-family housing units. They can't ufiliTg banners, flags or balloons in temporary advertising aids. Surrounding communities allow this, but Dublin does not. They should be afforded the same rights as other businesses. The City should treat them as a business, just like McDonalds, Safeway and other businesses. They help promote growth in Dublin. Mayor Lockhart closed the public hearing. Cm. Zika stated he did not realize they were excluded. He asked ff a task force could be set up to meet with apartment owners to study advertising opporttmities. Cm. McCormick stated she frequently passes apartment buildings with huge "-now leasing" banners all over them. What is going on with this? Ms. Harbin stated most are not in compliance and they end up getting cited. It could be that their master sign program addresses banners. CITY COUNCIL MINLFFES VOLUME ~.1 REGULAR MEETING October 1,2002 PAGE 499 Mayor Lockhart reopened the public hearin$. Ms. Hirschhorn stated other communities do not follow the. regulations. She feels discriminated against because of her location, close to thc Chamber of Commerce. All she is askin$ for is the ability to temporarily put up a banner that's in $ood taste. She would come in with itand the City could approve it. Because she follows the rules, her apartments have a lower occupancy than any other apartment complex in Dublin. Mayor Locldaart again closed the public hearing. Cm. Sbranti stated he felt they should get the opportunity to advertise within the same guidelines as other businesses with temporary signage. Cm. Zika stated he would also like to get more information about a master sign program. Mayor Lockhart stated she felt it should be consistent and if some can and some can't do it, this doesn't seem fair. Maybe we could have some criteria. Ms. Harbin stated they could approve the Zordng Ordinance Amendments as they are now and if they want to allow bamaers in multi-family or areas with I 0 traits or more~ Chapter 8.84 could be amended. It currently prohibits this, but it could be changed and allowed with zoning clearance. Mayor Ix~ckhart stated her concern is we do this fairly for everybody. Make it as simple as possible. We see people violating this every weekend. Can we simplify this? We need to hear from people who have multi-family businesses. While it may be a business for someone who oTM or manages, this is someone's home and this also needs to be taken into consideration. Cm. Oravetz made a motion to adopt the Ordinance without this section, and to get a task force of business and staff together to discuss multi-family signage. Cm. Sbranti stated he felt this is a specialized area that needs flzrther study, Planning Manager Jeri Ram stated Staff could send out notices and go over this with propert3r owners and then bring this issue back to the City Council. Cm. Oravetz withdrew his motion On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTF3 VOLUME 2I REGULAR MEETING October 1, 2002 PAGE 500 CITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.du blin.ca.us October 22, 2002 Dear Apartment Owner/Manager, Re: Temporary $ignage for Apartment Communities At the Octol~er 1, 2002, City Council meeting, the City Council directed Staff to meet with the owners and managers of the apartment communities within the City to discuss the current sign regulations in respect to temporary banners. Currently the City Zoning Ordinance does not permit temporary banners for apartment communities. The purpose of the meeting would be to discuss current regulations and evaluate different options for temporary signage. The options will then be presented to the City Council for review and further direction. The meeting will be held on Wednesday November 6, 2002, at 2:00 p.m. in the Regional Meeting Room at City of Dublin, Civic Center, 100 Civic Plaza. What: Where: When: Who: Why: Temporary Signage for Apartment Communities Regional Room, First Floor of Dublin City Hall at 100 Civic Plaza Wednesday, November 6 from 2:00-3:00 p.m. Apartment Owners and Managers and City Staff To evaluate different options for signage ATTACHMENT Area Code (925) · City Manager 833-6650 - City Council 833-6650- Personnel 8334605 ' Economic Development 833-6650 Finance 833-6640- Public Works/Engineering 833-6630- Parks & Community Services 833-6645 · Police 833-6670 Planning/Code Enforcement 833-6610 · Building Inspection 833-6620' Fire Prevention Bureau 833-6606 Apartment Signage: Property Owner/Manager notification October 22, 2002 If you are unable to attend the meeting but would like to submit your comments on this issue, please send them to us no later than November 8, 2002. If you have any questions regarding this matter, please do not hesitate to contact me at (925) 833-6610. We hope to see you on November 6th. Sincerely, Andy Byde Senior Planner Encl · Dublin Apartment List Richard Ambrose, City Manager Eddie Peabody, Jr., Community Development Director Jeri Ram, Planning Manager Chris Foss, Economic Development Director ATTACHMENT_ CITY OF DUBLIN 100 Civic Plaza, Dublin, Califomia 94568 Website: http://www.ci.du blin.ca.us AGENDA Meeting with Apartment Managers and Owners Temporary Signage for Apartment Communities Dublin Civic Center, Regional Meeting Room (downstairs) Wednesday November 6, 2002 2:00 p.m. - 3:00 p.m. 1. Review existing sign regulations 2. Examine concerns with current regulations 3. Identify possible solutions 4. Discuss next course of action and timeline 5. Adjourn ATTACHMENT City Attorney Silver explained that for public works contracts we have to follow state provisions and go to lowest responsible bidder. The City Council adopted a purchasing Ordinance which applies to purchase of goods and contracts for services which are not public works projects. Basically~ it is similar to state law, which says it should be awarded to the lowest responsible bidder. City Manager Ambrose stated there are exceptions to the Purchasing Ordinance, but this does not fall under one of the exceptions such as specific designs, etc. Previous City Councils had discussions about local preference and this was when we included sales tax as part of the award. We adjust bids received from Dublin businesses to indicate the 1% sales tax that we receive. Cm. Oravetz stated he would also like to see us buy local. Cm. Zika pointed out they have a responsibility to see that taxpayer money is wisely spent. On motion of Cm. McCormick, seconded by Cm. Zika, and by majority vote, the Council awarded the purchase order of $21,$10.77 to Toyota Walnut Creek. Cm. Oravetz voted in opposition to the motion. REPORT ON APARTMENT TEMPORARY SIGNAGE 8:$0 p.m. 7.$ (400-$0) Senior Planner Andy Byde presented the Staff Report, which was an informational report concerning existing regulations related to apartment temporary signage and also reported on the discussions with apartment owners and'managers on the subject of temporary signage for apartment communities. Mr. Byde also discussed adjacent cities and temporary banner regulations. Mr. Byde advised that if the City Council determines that modifications should be made to the existing Sign Ordinance, Staff will prepare an agenda statement and Ordinance and bring them before the Planning Commission for review and will then return to the City Council for two public hearings. The new Ordinance would then be in effect $0 days after adoption. CITY COUNCIL MINUI'I~S VOLUME 21 REGULAR MEETING December 3, 2002 PAGE t508 Mayor Lockhart asked him to address the comment that some places in the community have special permits. Mr. Byde stated under the sign ordinance an applicant can request a master signage plan. In researching this, we found them were no apartments that had master signage plans allowing temporary banners. Once we discovered this, we no longer issue permits. Any banners up are illegal. Timothy May, Executive Director of the Rental Housing Association~ offered congratulations to those m-elected, and thanked the City Council for sending this back to Staff. He thanked Staff for the great job they did in discussing this with apartment owners. Dublin has one of the lowest occupancy rates in the Valley; lower than Pleasanton or Livermore. They believe that because the signage Ordinance in Dublin is so restrictive, they am finding it very difficult to bring their volume back up to what they feel is acceptable; 95% is a great equilibrium. We are not selling widgets here. Banners are one of the primary uses for advertising in their industry. One of the most crucial ways they contact their customers is when they are driving through the neighborhood and see banners and stop. He agreed that banners should be used within boundaries established by City. Use wisdom to make sure them is flexibility to accommodate areas that have different needs. Please consider fact that there is a real need to promote and provide flexibility. Assured City Council that apartment community is not interested in creating apartment graffiti. He gave his phone number as (510) 557~0540. Mayor Lockhart asked how do you equate the fact that Pleasanton allows no banners. Mr. May stated in spite of this, we have a greater vacancy rate. The price has a lot to do with it, obviously. The need is also a factor. A lot of other communities have a slow growth approach. People coming into this community need to find housing. Cm. McCormick asked about vacancy rates in general in thc industry. Is it uncommon to have a full house all the time? A sign could go up and stay up all the time, as vacancies occur. Mr. May clarified vacancy/occupancy rates. At 05% occupancy, rates will stabilize. Cm. McCormick asked if with a 95% occupancy, a sign would ideally stay up all the time. Mr. May stated not necessarily. They would operate within the guide.fines established. There is a need to promote that apartment to people looking for a place to live. This is not something that his industry has actually had to address in a long long time. CITY COUNCIL MINIYr~s VOLUME 21 REGULAR MEETING December 3, 2002 PAGF_ 609 Cm. Sbranti asked about vacancy rates over the last few quarters. Numerically how have vacancy rates shifted? Mr. May stated occupancy has declined slightly in Dublin, when you factor in new properties which have come on line. When you compare this with what has happened with rents, they have dropped. Some folks have dropped their rents so drastically, they are losing money and are unable to recoup their investment. Cm. Sbranti asked about percentage of rent drops. Mr. May stated in the last 4 quarters, about 15%. They understand the laws of supply and demand. There needs to be a level playing field and a way to advertise. Signs drive prices down. Mayor Lockhart commented on what our neighboring cities do, and what we legally allow. Cm. Zika stated he liked the San Ramon idea. They allow 12 square feet signs and a maximum of 90 days per year. We spent a lot of time going over the Sign Ordinance and have made a concerted effort to try and get the junk out of our community. He stated this is as far as he would be willing to go and we should require strong enforcement. He stated he did not realize apartment owners weren't allowed to have any signs whatsoever because they are considered residential. Again, he stated he likes San Ramon's requirements. Cm. Sbranti indicated he liked the idea of 15 days on and 45 days off and this actually comes out to about the same per year. Every two months, they can make a push. 12' is not too big. They do need to be able to advertise their product. Cm. Sbranti stated he supports 15 on and 45 off. Bruce Fiedler stated he manages apartments and hopes as we go forward and he agreed that every business needs to be able to advertise their product~ and the way they do it is important. Flimsy signs look bad. A rigid background sign has a better chance of being neat in our community. We should have some planning here so this goes through the process. Staff expertise could be brought into play. We live here and what we see on the streets has a direct effect on our homes. Mayor Lockhart asked if there are specific standards with temporary signs or is a banner considered the same thing? CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING December 3, 2002 PAGE 610 Mr. Byde discussed temporary promotional signs, balloons and banners. Within banners, there is no regulation on color or placement. There is also an allowance for a temporary onsite for lease sign. A 16 sq ft sign is limited to 1 sign per I O0 feet of frontage and has other stipulations such as text and phone numbers, etc. The City Council discussed rigid signs, promotional signs, banners, etc. If it is a temporary sign, these are easy to come down. Mr. Byde talked about some special allowance with design criteria to amend monument signs. One complex has added to their sign - vacancies. Staff could come up with some design criteria to fit within standards and expedite the process. It could be slipped into a slot. Cm. Oravetz suggested adopting San Ramon's idea and send it along to the Planning Commission and also incorporate Mr. Byde's suggestions. Mr. Byde stated they could have hooks and have a sign which could be permanent as part of their sign. Mayor Lockhart stated she felt we also need to offer some kind of temporary signage during the year. Cm. Sbranti stated he has seen banners done with class. This is something the Planning Commission could look at. Mayor Lockhart stated we are actually offering them a combination. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council recommended that Staff take a report to the Planning Commission for consideration and study, which looks at San Ramon's ordinance on monuments, (15 days on and 4 5 days off and allow 12 square feet), and then bring it back to the City Council. , LICENSE AGREEMENT BE'r3NEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY TO MAINTAIN THE PORTION OF THE IRON HORSE TRAIl. ON FROFEKTY OWNED BY ALAMEDA COUNTY 9:08 p.m. 8.1 (600-40) Public Works Director Lee Thompson presented the Staff Report. This License Agreement will give the City of Dublin a license over the 507 wide property of the County for maintenance of the Iron Horse Trail and will allow assignment of the rights of the license to the East Bay Regional Park District (EBRPD). CITY COUNCIL MINLrrES VOLUME 21 REGULAR MEETING December B, 2002 PAGE 6 ] ] RESOLUTION NO. 03-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT CHAPTER 8.84, SIGN REGULATIONS OF THE MUNICIPAL CODE (ZONING ORDINANCE) WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20-97) was adopted by the City Council on September 2, 1997; and WHEREAS, Staff has prepared a Staff report dated January 14, 2003, analyzing the amendment to the Municipal Code (Zoning Ordinance); and WHEREAS, the Planning Commission held a public hearing on said amendments to the Municipal Code (Zoning Ordinance), on January 14, 2003, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its January 14, 2003, meeting considered all written and oral testimony submitted at the public hearing. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council find that the proposed amendment to Chapter 8.84, Sign Regulations (PA 02-060), have no possibility for a significant effect on the environment (CEQA, Section 1506 l(b)(3)), that the amendments are consistent with the General Plan and any applicable Specific Plan, and does recommend that the City Council amend said chapters of the Municipal Code (Zoning Ordinance) as shown in Attachment 3 to the January 14, 2003, Planning Commission Staff report for PA 02-060. PASSED, APPROVED AND ADOPTED this 14th Day Of January 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Commission Chairperson Planning Manager G:\PA#\2002\02-060\PC reso 1-6-03.DOC ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.84 SIGN REGULATIONS (ZONING ORDINANCE) PA 02-060 WHEREAS, the City of Dublin has determined that the Sign Regulations of the Dublin Municipal Code (Chapter 8.84) must be revised to more effectively regulate development within the City; and WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance was exempt from CEQA. Various changes to the Municipal Code listed above would also not create environmental impacts. These changes are also exempt from CEQA because it can be seen with certainty that there is no possibility that such amendments would have a significant effect on the environment (CEQA Guidelines, Section 15061(b)(3)); and WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project on January 14, 2003, and did adopt Resolution 03-xx recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on __; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Ordinance Amendment; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Ordinance Amendment is 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 ordain as follows: Section 1. Section 8.84.020.B~ Sign Development Regulations Definitions, of the Dublin Municipal Code is hereby added to read as follows and shall be re-lettered as necessary to accommodate the foregoing amendments: B. Apartment Cominunih'. The term Apartment Community shall mean an apartment project which consists ora minimum of 8-apartment units located on the same lot, which are for rent only. ATTACHMENT Section 2. Section 8.84.040~ Matrix A, Sign Development Regulations, Temporary Promotional, MATRIX A SIGN APPROVALS AND DECISIONMAKER AUTHORITY BY ZONING DISTRICT * Sign Type A R-l, R-2, R- C-N C-O C-1 C-2 /VI-P, M-l,/Vi-2 M Awning Z X BP BP BP BP BP Bulletin Board BP BP BP BP BP BP BP Coming Soon X X BP BP BP BP BP 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 Z X ZC X BP BP BP bt. Freestanding greater than X X X X SDR SDR SDR 20' in height 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 1D X X ZC ZC ZC ZC ZC Off-Site Residential BP BP BP BP BP BP BP Development Directional Off-Site Temporary For Sale Z X ZC ZC ZC ZC ZC or Lease Open -House X Permitted X X X X X Permanent Banner Sign X X X X SDR(ZA) SDR(ZA) SDR(ZA) Projecting Y X BP BP BP BP BP Service Station Display X X ZC X ZC ZC ZC Structure Service Station Price Sign X X ZC X ZC ZC ZC Special Easement Z X ZC ZC ZC ZC ZC Temporary Promotional ( 15- X X~_(.:'~*_ _*_*_ ZC ZC ZC ZC ZC I Day) Tenant Directory X X BP BP BP BP BP Wall Z X BP BP BP BP BP Window X X BP BP BP BP BP Notes for Matrix A: Z BP CUP SDR PC ZA ZC X Business Signs not exceeding an area of ten (l 0) square feet per side are permitted per Section 8.84.090. and subject to Building Permit Permitted and subject to Building Permit Conditional Use Permit Approval Required and subject to Building Permit Site Development Review Approval by Staff Required and subject to Building Permit Planning Commission is decisionmaker authority Zoning Administrator is decisionmaker authority Zoning Clearance by Staff Required and subject to Building Permit 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 'l"emporarv Banners. not exceeding 12-square feet, are allowed for apartment cmmnunities (see Section 8.84.020.B for definition). All other temporary promolional signs are not allowed this zonimz 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~ Matrix B, Sign Development Regulations, Temporary Promotional, of the Dublin Municipal Code is amended to read as follows: "Sign Type' Maximum Maximum Maximum Location Copy Additional Section No. Number of Height Area per side ReqUirements Restrictions * Regulations * signs in sq. ft. * Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of Promotional Clearance. Clearance. Clearance. which business Clearance. 15-consecutive Sec. 8.84.050.T Banner signs is located, calendar days shall not be per permit; 30 larger than 30 consecutive inches by 24 calendar day feet. waiting period between Temporary One (1) Temporary permits. Promotional Banner for Sec. Apartment lemporary 8.84.050.T: Comnmnities Banners for lemporary which shall Apartment Banuer for not exceed 12 Communities Apartment square feet. shall be allowed 15 consecutive calendar days per permit~ 45 consecutive calendar day waiting period bem'een permits. Section 4. Section 8.84.050.T, Temporary Promotional Signs, of the Dublin Municipal Code is amended to read as follows: Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of thirty (30) 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 30 inches by 24 feet in size. ()ne (1) temporary banner lbr apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of fifteen (15) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of 3 forty-five (45) consecutive calendar days between permits is required. 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." PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this __ day of__, 2003, by the following votes: Ayes.' Noes: Absent: Abstain: Attest: City Clerk Mayor G:\PA#X2002\02-060\ORD-strikeout-underline 2.DOC 4