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HomeMy WebLinkAbout6.2 Temp Promo Sign Regor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL October 16, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #400 -30 SUBJECT: Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance as it relates to the quality of Temporary Promotional Signs Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: At the March 6, 2012 City Council meeting, the City Council considered amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance including changes to Temporary Promotional Signs. The City Council directed Staff to conduct further research in regards to regulating the quality of temporary promotional signs and to prepare a report on ways to address the quality. At the July 17, 2012 City Council meeting, the City Council received a report on ways to address the quality of temporary promotional signs and directed Staff to prepare Zoning Ordinance Amendments. The City Council will consider introducing an Ordinance to amend Chapter 8.84 (Sign Regulations). FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance. Submitted By Acting Community Development Director DESCRIPTION: Reviewed By Asstant City Manager Background Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. Page 1 of 5 ITEM NO. 6.2 At the October 4, 2011 City Council meeting, Staff presented proposed amendments to various Chapters of the Zoning Ordinance including: Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off- Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit). On October 18, 2011, the City Council adopted the proposed Zoning Ordinance amendments with the exception of amendments to Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments. At the December 20, 2011 City Council meeting, the City Council appointed Councilmembers Kasie Hildenbrand and Don Biddle to participate in the Town Hall Meeting. On February 9, 2012, a Town Hall Meeting was held at 6:30pm in the Regional Meeting Room. Five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff presented the proposed amendments to the Sign Regulations and solicited feedback. At the March 6, 2012 City Council meeting, Staff presented the feedback received from the Town Hall Meeting and were directed to modify the amount of time that Temporary Promotional Signs are allowed to be displayed. The City Council also directed Staff to return with a separate report on options to control the quality of temporary promotional signs. At the July 17, 2012 City Council meeting, Staff returned to the City Council with a report on options to control the quality of Temporary Promotional Signs (Attachment 1). The City Council directed Staff to prepare Zoning Ordinance Amendments to the Temporary Promotional Sign regulations to address the following: 1) Professionally designed and fabricated by design professionals; 2) Have a professional appearance; 3) Maintained in good condition throughout the display period; 4) Allow grand opening banners one time for 60 consecutive days; and 5) Allow going- out -of- business banners one time for 60 consecutive days. Staff has prepared draft Zoning Ordinance Amendments to address these items. The City Council is being asked to review the proposed Amendments and waive the reading and introduce an Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance. ANALYSIS: Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance defines and regulates Temporary Promotional Signs which include banners, flags, balloons, searchlights, and similar advertising devices when used for special events such as grand openings or other promotional events such as a sale. Temporary Promotional Signs are subject to approval of a Zoning Clearance prior to display and must adhere to specific criteria including size, number, location and length of display time (Attachment 2). The Zoning Ordinance does not currently include any criteria for evaluating the quality of temporary promotional signs. While the majority of Dublin -based businesses display temporary promotional signs that are professionally made, an increase in the use of "homemade" signs has resulted in complaints by other businesses and residents. Without regulations in the Zoning Ordinance to address the quality of temporary promotional signs, Staff has limited ability to enforce the aesthetics of Page 2 of 5 temporary promotional signs. Additionally, the repeated use of grand opening and going- out -of- business signs has raised the question as to whether these promotions are truly temporary in nature and diminishes the purpose of temporary promotional signs. The proposed Zoning Ordinance Amendments address the quality of temporary promotional signs and limit the use of grand opening and going- out -of- business signs to ensure that their display remains temporary in nature. The proposed Zoning Ordinance Amendments are shown below and included in Exhibit A to Attachment 3. The proposed Amendments would read as follows with new text shown in underline and deleted text in strokethro ck S. Temporary Promotional Signs. Temporary Promotional Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary Promotional Signs shall have a professional appearance and be constructed of durable, all- weather materials and shall be maintained in good condition throughout the display period. 1. Apartment Community Banner: 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 displays 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). 2. Balloons: Any tethered or untethered 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 cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning nlearanGe(s) may be issued fnr perieds loss than 15 days 3. Banner Signs. Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and 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 forty -two (42) consecutive calendar days between permits displays is required, with the eXGept+en of balloons defined hereon and tempera y banners fnr apartment nnmmi,niti 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) Banner Sign may be displayed on a tenant's building frontage and one (1) Banner Sign may be displayed on the street frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200 -feet apart. 4. Going- out -of- Business Signs: One (1) Going- out -of- Business Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide going- out -of- business function. The sign may only be displayed once for a period not Page 3 of 5 to exceed sixty (60) consecutive calendar days. A Going- out -of- Business Sign shall only be displayed on the site on which the business is located and shall not be located so that the sian is taller than the eave of the structure in which the business is located. 5. Grand Opening Signs: One (1) Grand - Opening Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide grand - opening function. The sign is effective only if applied for within sixty (60) calendar days of a business' initial occupancy and may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Grand - Opening Sign shall only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. 6. Searchlights: 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 cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zen+ng nlearanGe(s) may be issued fer perieds loss than 15 days Staff is proposing to reorganize the Temporary Promotional Sign section to aid the reader in identifying those sections that are relevant to them without having to read the entire section. Therefore, each category of Temporary Promotional Sign is proposed to be a subheading within the section. Additionally, Staff is proposing that the Apartment Community Banner and Banner Sign sections be amended to require that the minimum waiting period be between sign "displays" and not permits. This will ensure that businesses who do not remove their signs at the expiration of their permits will have to adhere to the same waiting period as those businesses who do promptly remove their signs when their permits expire. Planning Commission Meeting The proposed amendments were presented to the Planning Commission on September 11, 2012. The Planning Commission adopted Resolution 12 -34 recommending that the City Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to regulate the quality of temporary promotional signs (Attachment 3). The Planning Commission further recommended that the City Council consider an amendment to the Temporary Promotional Sign Regulations to allow businesses that occupy large buildings to have larger temporary banners (Attachment 4). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments (Attachment 5) are consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing regulations related to signage. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was also provided to all known Dublin -based sign companies, automobile /vehicle sales dealerships, Town Hall Meeting participants, and all parties who have Page 4 of 5 expressed interest in this topic or requested such notice. The Staff Report for this public hearing was also made available on the City's website. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(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 the proposed 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 as to signage 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. ATTACHMENTS: 1. July 17, 2012 City Council Staff Report, with attachments 2. Section 8.84.050.S Temporary Promotional Signs 3. Resolution 12 -34 recommending that the City Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to regulate the quality of Temporary Promotional Signs 4. Planning Commission Meeting Minutes of September 11, 2012 5. Draft Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance Page 5 of 5 or 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL July 17, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' Temporary Promotional Signs Sign Quality Standards Prepared By. Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: CITY CLERK File #400 -30 At the March 6, 2012 City Council meeting, the City Council considered amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance including changes to Temporary Promotional Signs. The City Council directed Staff to conduct further research in regards to regulating the quality of temporary promotional signs and to prepare a report on ways to address the quality. The City Council will receive the report on ways to address the quality of temporary promotional signs which are displayed by local businesses to advertise special promotions or events for a limited period of time. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council receive the report and provide Staff with direction on whether to prepare Zoning Ordinance Amendments to address the quality of temporary promotional signs. Submitted By Director of Community Development DESCRIPTION: t� Reviewed By Assistant City Manager Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. At the October 4, 2011 City Council meeting, Staff presented proposed amendments to various Chapters of the Zoning Ordinance including Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off- Street Parking and Loading Regulations), Chapter 8.84 (Sign Page 1 of 4 ITEM NO. 7.2 Regulations), and Chapter 8.108 (Temporary Use Permit). The City Council adopted the proposed Zoning Ordinance amendments with the exception of amendments to Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments. At the December 20, 2011 City Council meeting, the City Council appointed Councilmembers Hildenbrand and Biddle to participate in the Town Hall Meeting. On February 9, 2012, a Town Hall Meeting was held at 6:30 p.m. in the Regional Meeting Room. Five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff presented the proposed amendments to the Sign Regulations and solicited feedback. At the March 6, 2012 City Council meeting, Staff presented the feedback received from the Town Hall Meeting. The City Council did not adopt the proposed amendments but instead directed Staff to modify the amount of time that Temporary Promotional Signs are allowed to be displayed. At the May 1, 2012 City Council meeting, the City Council adopted an Ordinance amending the Sign Regulations chapter including the amount of time that Temporary Promotional Signs are allowed to be displayed (Attachment 1). The Ordinance became effective on June 1, 2012. The new regulations limit the number of Temporary Promotional Signs that a business can display at any one time to a maximum of two signs. The regulations further restrict the location where the two signs can be displayed: one on the building and one along a street frontage. For those businesses that have two street frontages, one sign may be displayed on each street frontage so long as the signs are a minimum of 200 feet apart. Additionally, the new regulations increased the waiting period between permits from 21 days to 42 days reducing the total amount of display time per year. The Zoning Ordinance does not currently include any criteria regarding the quality of Temporary Promotional Signs. At the March 6, 2012 City Council meeting, the City Council also directed Staff to return with a separate report on options to regulate the quality of Temporary Promotional Signs. This report summarizes Staff's research on that matter. ANALYSIS: Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance defines and regulates Temporary Promotional Signs which include banners, flags, balloons, searchlights and similar advertising devices when used for special events such as grand openings or other promotional events such as a sale. Banner signs are specifically defined as, temporary signs composed of lightweight, flexible, non- rigid material with or without a rigid frame. Flags are not specifically defined; however the definition of banner signs also describes how flags are typically constructed. Balloons that are greater than 15 inches in diameter and searchlights are also regulated as Temporary Promotional Signs. Temporary Promotional Signs also include "similar advertising devices" which allows for signs other than banners or flags to be utilized as Temporary Promotional Signs, if not specifically prohibited by the Sign Regulations (i.e. A -frame Signs). A "similar advertising device" might be constructed of a heavy, rigid material such as plywood or wallboard or a lighter, rigid material such as corrugated plastic or cardboard. Page 2 of 4 Temporary Promotional Signs are subject to approval of a Zoning Clearance prior to display and must adhere to specific criteria including size, number, location and length of time (see Attachment 1, page 7). Sign Quality A number of factors can contribute to the quality of Temporary Promotional Signs including: how the sign is designed; the type of material used; the method of display; the message being displayed; and how the sign is maintained. • Design: Is the sign homemade or professionally designed and printed? • Type of materials: Is the sign constructed of plastic, cardboard or plywood or is it made of an all- weather material that resists fading, cracking, peeling or warping? • Method of display: Is the sign strung between trees with rope or is it pressed into the ground with wooden or metal stakes? Is the sign hanging haphazardly from the building or secured in all four corners? • Message being displayed: Does the message of the sign convey a temporary promotion by advertising a special event or sale or does the sign simply convey a business name or product with no indication of a special promotion? • Maintenance: Are the signs faded or torn or otherwise weathered from exposure to the elements of nature? All of these factors, singularly or cumulatively, could detract from the aesthetic quality of a Temporary Promotional Signs. The Zoning Ordinance could be amended to address these elements of Temporary Promotional Signs and improve the appearance of the signs when on display within the community. Potential Zoning Ordinance Amendments Language could be added to the Zoning Ordinance by way of an Amendment to address the quality of Temporary Promotional Signs. Staff proposes, for the City Council's consideration, to amend the Zoning Ordinance to include the following requirements for Temporary Promotional Signs: • Professionally designed and fabricated by design professionals • Have a professional appearance • Be constructed of all- weather materials • Securely fastened while displayed • No additional devices fastened to them (i.e. balloons) • Affixed to the ground with temporary supports if located along a street frontage • Consistency of message being displayed as promotional in nature (see discussion below) • Maintained in good condition throughout the display period Of each of these elements, the consistency of the message being displayed is one factor that contributes to sign clutter and detracts from the quality of Temporary Promotional Signs. The Page 3 of 4 current definition of what constitutes a temporary promotion refers to "grand opening events, special promotional events or promotional needs ". A grand opening event is clearly defined as being a 30 -day promotion that can be advertised within 60 days of opening the business. However, some businesses return after the 60 -day period to continue advertising a grand opening under the promotional event/needs clause. Additionally, the definition allows a business to display a "going out of business" sign every 42 days (prior to June 1, 2012 it was every 21 days). While recent amendments to the Temporary Promotional Sign Regulations now require a 42 -day waiting period between permits, the issue remains as to what frequency is appropriate for a promotional event, such as a going- out -of- business sale, and when it is no longer a temporary promotion. Furthermore, some businesses simply put their name on a banner or flag while others do not include their business name at all and simply advertise the price of a product with no indication as to whether it is a special promotional price or a regular everyday price. The quality of a Temporary Promotional Sign can be affected by a number of different factors as outlined above. Staff is seeking direction from the City Council on whether to prepare a Zoning Ordinance Amendment to address these factors. Next Steps 1. Receive direction from the City Council on preparing Zoning Ordinance Amendments to address sign quality. 2. If directed to prepare Zoning Ordinance Amendments, Staff would prepare a draft Ordinance and present it to the Planning Commission for recommendation to the City Council. The draft Ordinance would then be presented to the City Council for adoption. 3. If directed not to prepare Zoning Ordinance Amendments, Staff would continue to enforce the Temporary Promotional Sign Regulations currently in effect. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A public notice is not required to seek direction from the City Council. The Staff Report and attachment was made available for public review prior to the City Council meeting. ATTACHMENTS: 1. Ordinance 7 -12 amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance Page 4 of 4 ORDINANCE NO. 7 — 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE CITY -WIDE PLPA- 2011 -00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on August 23, 2011 and adopted Resolution 11 -23 recommending that the City Council adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off- Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and WHEREAS, on October 4, 2011 the City Council waived the reading and introduced an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off- Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permit) but excluded Chapter 8.84 (Sign Regulations); and WHEREAS, Staff was directed to hold a public meeting to obtain input from the community on the proposed amendments to Chapter 8.84 (Sign Regulations); and WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting Room at Dublin City Hall and interested members of the community provided feedback on the proposed amendments; and WHEREAS, a properly noticed public hearing was held by the City Council on March 6, 2012 at which the community feedback was presented; and WHEREAS, Staff was directed to modify the proposed amendments to Chapter 8.84 (Sign Regulations) to change the amount of time that Temporary Promotional Signs are allowed to be displayed; and WHEREAS, pursuant to Government Code section 65857, the Planning Commission is required to review and make a recommendation on the proposed modification; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on March 27, 2012 and adopted Resolution 12 -18 recommending that the City Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that Temporary Promotional Signs are allowed to be displayed; and 1 of 9 WHEREAS, a properly noticed public hearing was held by the City Council on April 17, 2012; 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. The City Council finds that this Ordinance is consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing commercial regulations related to signage. SECTION 2. Compliance with California Environmental Quality Act ( "CEQA "): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(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. SECTION 3. The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows, with the other definitions contained in Section 8.84.020 (Definitions) to be re- lettered accordingly: Flags — Automobile/Vehicle Sales. The term Flags — AutomobileNehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. Flags — Seasonal. The term Flags — Seasonal shall mean a sign constructed of cloth, canvas or another Fight fabric with or without a rigid frame intended to be displayed for a limited period of time and /or changed on a regular basis to coincide with the four seasons of the year. SECTION 4. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended to add a new column for the Downtown Dublin Zoning District ( "DDZD "), to add a new Sign Type for "Flags- Automobile/Vehicle Sales ", and to remove the Sign Types "Open House" and "Window ". Matrix A shall read as follows in its entirety: 2of9 Matrix A Sign Approvals and Decisionmaker Authority by Zoning District Sign Type A R -2, R -M C -N C -O C -1 C -2 DDZD M -P, M -1, M -2 Awning z X ZC ZC ZC ZC ZC VC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC VC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) Flags- Automobile/Vehicle Sales X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height 7- X ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Grand Opening X X ZC ZC ZC ZC IzC ZC Identification ** ZC/ SDR 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) SDR '(ZA) Office Building Master ID X X ZC ZC ZC ZC IZC ZC -Off -Site Residential Development Directional 'BP BP BP BP BP BP BP BP Off -Site Temporary For Sale or Lease Z X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign 7- X BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement 7- X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC * ** ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP 1BP Wall F X BP BP BP BP BP B 3 of 9 SECTION 5. Section 8.84.040.13 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to add a new row for the Sign Type "Flags- Automobile/Vehicle Sales" and to amend the row for the Sign Type "Temporary Promotional" as follows: Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements. Copy Restrictions Additional Regulations Flags — See See See Section See Section See Section See Section Automobile/ Section .Section 8.84.050.17 .8.84.050.F 8.84.050.F 8.84.050.F Vehicle 8.84.050.F 8.84.050.F Sales Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of Promotional Clearance. shall not be which business Clearance. 21 Section One (1) on larger than is located and consecutive 8.84.050.S a tenant 60 square shall not be calendar building feet. located so that days per frontage the sign is permit; 42 and one (1) higher than the consecutive on the eave of the calendar street structure in days waiting frontage. If which the period more than business is between one street located. permits. frontage, one (1) sign may be displayed on each street frontage, up to two street frontages, if . the signs are at least 200 -feet apart. Temporary One (1) Temporary Temporary Promotional 'Banner for Banners for Banner for Apartment Apartment Apartment Communities Communities .Section which shall shall be 8.84.050.S not exceed jallowed a 4of9 Sign Type : Maximum Maximum Maximum Location Copy Additional Section Number of Height Area per Requirements Restrictions. Regulations No. Signs Side in Sq. Ft. 12 square maximum of feet. 90 days per calendar year in any time configuration desired. Section 8.84.040.13 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to remove the row for the Sign Type "Open House" and to remove the row for the Sign Type "Window ". All other provisions contained in Matrix B shall remain the same except that the Section references contained in the "Sign Type Section No." column shall be revised for consistency with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code. SECTION 6. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a). The following shall be deleted: L. Open House Signs. Open -House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open -house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right -of -way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty -two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and /or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5 of 9 5. No more than eight (8) open -house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open -house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open -house signs. In cases of repeated violations of requirements dealing with open -house signs, rights to locate new open -house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. V. Window Signs. Window Signs shall not exceed twenty -five percent (25 %) of the contiguous window area from which they are viewed. b) The following shall be added: Flags — Automobile/Vehicles Sales. Automobile/Vehicle Sales Flags are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 1. Automobile/Vehicle Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of Automobile/Vehicle Sales Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Automobile/Vehicle Sales Flags shall be limited to one (1) flag per light pole, up to one -half of all light poles located on the site. 4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right -of -way. 6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with Section 8.84.050.F. 6 of 9 c) The following shall be amended to read as follows: S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and 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 forty -two (42) 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 promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200 -feet apart. 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 untethered 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 cumulatively 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 cumulatively 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 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re- lettered accordingly. SECTION 7_ Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flags. 7 of 9 SECTION 8. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be added: Open House Signs. Open -House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open -house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right -of -way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty -two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and /or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open -house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open -house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open -house signs. In cases of repeated violations of requirements dealing with open -house signs, rights to locate new open -house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. Window Signs. Window Signs shall not exceed twenty -five percent (25 %) of the contiguous window area from which they are viewed. b) The remainder of Section 8.84.140 (Exempt Signs) shall be re- lettered accordingly to reflect the changes made by Section 8. SECTION 9. Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. 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 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED this 1 st day of May, 2012', by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Ord. 7 -12, Adopted 5 -1 -12, Item 4.6 9 of 9 Mayor Chapter 8.84 (Sign Regulations) 8.84.050 Signs Subject to Permits S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and 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 forty -two (42) 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 promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200 feet apart. 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 untethered 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 cumulatively 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 cumulatively 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. RESOLUTION NO. 12 -34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE TO REGULATE THE QUALITY OF TEMPORARY PROMOTIONAL SIGNS CITY -WIDE PLPA- 2012 -00047 WHEREAS, in August 2011 the City initiated amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments were proposed to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off- Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) (collectively "the Zoning Ordinance Amendments "); and WHEREAS, on August 23, 2011, the Planning Commission reviewed the Zoning Ordinance Amendments and recommended City Council adoption; and WHEREAS, on October 4, 2011, the City Council introduced an Ordinance to adopt the Zoning Ordinance amendments with the exception of Chapter 8.84 (Sign Regulations); WHEREAS, the City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community on the proposed changes to Chapter 8.84 (Sign Regulations); and WHEREAS, on October 18, 2011, the City Council adopted the Zoning Ordinance Amendments with the exception of Chapter 8.84 (Sign Regulations); and WHEREAS, on February 9, 2012 a Town Hall Meeting was held to solicit input from the community on the proposed changes to Chapter 8.84 (Sign Regulations); and WHEREAS, five members of the public attended the Town Hall Meeting in addition to two Councilmembers and Staff; and WHEREAS, Staff presented the proposed amendments to Chapter 8.84 (Sign Regulations) and solicited feedback from the attendees; and WHEREAS, at the March 6, 2012 City Council meeting, Staff presented the feedback received from the Town Hall Meeting and were directed to modify the proposed amendments to Chapter 8.84 (Sign Regulations) with respect to the amount of time that Temporary Promotional Signs are allowed to be displayed and to prepare a report on options to control the quality of temporary promotional signs; and WHEREAS, on March 27, 2012, the Planning Commission reviewed Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations) and recommended City Council adoption; and WHEREAS, on April 17, 2012, the City Council introduced an Ordinance to amend Chapter 8.84 (Sign Regulations); and WHEREAS, on May 1, 2012, the City Council adopted the amendments to Chapter 8.84 (Sign Regulations) and those amendments became effective on June 1, 2012; and WHEREAS, on July 17, 2012, Staff presented a report to the City Council on options to control the quality of Temporary Promotional Signs and the City Council directed Staff to prepare amendments to the Temporary Promotional Sign regulations to control the quality of temporary promotional signs; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(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 the proposed 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 as to signage 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; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on said application on September 11, 2012; and WHEREAS, proper notice of said hearing was given in all respects as required by law; ITTI WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the reasons discussed in the Staff Report, recommends that the City Council adopt the Ordinance attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 11th day of September 2012 by the following vote: AYES: Wehrenberg, O'Keefe, Brown, Schaub, Bhuthimethee NOES: ABSENT: 2of3 ABSTAIN: Planning Commission Chair ATTEST: Acting Community Development Director G:IPAM2010PLPA- 2012 -00047 Temp Sign Quality ZOkPC 09.25.12109.25.12 PC Reso.doc 3 of 3 The Commission felt the sign was not an attractive and harmonious identification of the City and is inconsistent with what they believe the sign should be. On a motion by Cm. Schaub and seconded by Cm. Brown, on a vote of 5 -0, the Planning Commission unanimously denied: RESOLUTION NO. 12- 33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE CONSTRUCTION AND ONGOING OPERATION OF AN 85 FOOT TALL REGIONAL SERVING FREESTANDING DOWNTOWN SIGN AS PERMITTED BY THE DOWNTOWN DUBLIN SPECIFIC PLAN 7153 AMADOR PLAZA ROAD (APN 941 - 0305 - 037 -00) PLPA- 2012 -00042 a a 8.3 PLPA- 2012 -00047 Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance as it relates to the quality of Temporary Promotional Signs Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Chair Wehrenberg asked how Staff determined the 60 day limit. Ms. Delgado responded that it was a City Council directive. Cm. Schaub asked if the Commission could add a section to the Ordinance that would give the Community Development Director the authority to remove any inappropriate sign within 24 hours, at their discretion. Mr. Baker responded that could be problematic because of ownership rights and First Amendment issues. He further stated that the Zoning Code provides guidance regarding removal and abatement of signs within a process. Cm. Schaub asked in what instance the Community Development Director would be able to remove an inappropriate sign. Mr. Baker responded that temporary signs require a permit from the City, and if they do not have a permit there is a process to have them removed. Chair Wehrenberg asked about signs on cars that are being driven around the City, can the Ordinance prohibit that type of signage. Mr. Baker stated that Staff has worked with City Attorney regarding this issue; this is in the vehicle code and not something that the City regulates. However, if they park the vehicle then there are regulations that the City can enforce. 11�20.12 115 Cm. Brown asked about the handheld signs with individuals dancing on the corner. Mr. Baker responded; those are not allowed. Cm. Schaub mentioned there is a business that puts up temporary signs on yellow cardboard, on Friday night and take them down on Monday morning. Mr. Baker responded that the Planning Commission reviewed and the City Council adopted regulations that limit the number of signs a business can put up per display. Cm. Schaub asked if a sign on yellow cardboard with type on it would be considered a professional sign. Ms. Delgado answered Staff will determine that at the time the business applies for a permit. She added if the sign meets the criteria that are being proposed at this meeting the language is crafted in a way that will aid Staff in making the determination. Chair Wehrenberg opened the public hearing. Mr. Thorpe, Sky River RV, asked the Planning Commission to consider the size of the business /building when approving the Ordinance for temporary signage. He felt that it is inconsistent for a business with 200,000 square feet of space to have the same number and size of temporary signs as a business with 1,000 square feet of space. Chair Wehrenberg felt that was a good point. Cm. Brown asked if Mr. Thorpe had a suggestion for an alternative. Mr. Thorpe answered no. He felt that it was not worth the funds for him to put up one sign on 1- 580 because it was not visible. He asked that in the future the Commission give some consideration to the size of the business. Cm. Schaub stated that he agrees with Mr. Thorpe. Cm. O'Keefe felt it was a fair point as well. Chair Wehrenberg felt Mr. Thorpe should not be restricted to only one sign on his building. Mr. Baker stated Mr. Thorpe is allowed to have more than one permanent sign on his building. There was a discussion regarding Mr. Thorpe's suggestion. Mr. Baker suggested that the Planning Commission could make a recommendation. He pointed out to the Commission that they have gone through the Temporary Sign Ordinance and made amendments which the City Council adopted and the last piece of the Ordinance is the quality of the signs and that is what is being considered at this meeting. He added that the Planning Commission can make recommendations to the City Council. 11�20.12 116 Cm. Schaub made the recommendation that the Community Development Director have the authority to make exceptions to the Temporary Sign Regulations. Mr. Baker responded the Commission would need to state a specific exception such as creating discussed standards based on the size of the tenant space. The City Council can review this recommendation and direct Staff as they see fit. Cm. Schaub felt it was a good point and ultimately the signs should sell items which are good for the City. He did not want the signs to look bad so that people drove by Dublin to another city. Chair Wehrenberg closed the public hearing. Cm. Schaub stated he would like the City Council to consider creating an exception for the size and location of the business for temporary signs. The Planning Commission agreed. Ms. Delgado asked the Commission to clarify if the Commission is referring to the size and number of temporary signs or both. Chair Wehrenberg answered the number of signs and the size based on the business size. Cm. Schaub felt that one sign that is bigger, that can be read, is better than 5 smaller signs. On a motion by Cm. Schaub and seconded by Cm. O'Keefe, on a vote of 5 -0, the Planning Commission unanimously adopted: The Planning Commission recommends to the City Council to consider an exception for the size and location of the business for temporary signs. RESOLUTION NO. 12 -34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE TO REGULATE THE QUALITY OF TEMPORARY PROMOTIONAL SIGNS CITY -WIDE PLPA- 2012 -00047 o NEW OR UNFINISHED BUSINESS — NONE OTHER BUSINESS - NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and /or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 New Community Development Director, Luke Sims from the Cit� of San Leandro was hired to replace Jeri. Mr. Sims will start on Monday, October 8 ". New OAII, Jennifer �biNCb1�3�°' 7V;�,oOdPYOtfa'N'',u "'n& il�J�m.i"�i.�.il�P. 117 Smith was also hired for the front counter. A new code enforcement officer was also hired to fill a vacant position. 10.3 REI is nearing the completion of the tower sign. 10.4 Dublin Preschool appealed the Planning Commission's denial and will be heard by the City Council on October 2nd 10.5 Cm. Brown asked about the Village Parkway Pilot Parking Program and if the City Council approved it. Mr. Baker answered that the City Council gave direction to Staff to study the impact of including the entirety of the Village Parkway area within the Pilot Program and to reach out to the Village Parkway businesses and property owners. ADJOURNMENT — The meeting was adjourned at 9:41:50 P Respectfully submitted, Doreen Wehrenberg Planning Commission Chair ATTEST: Jeff Baker Acting Community Development Director G:IMINUTESI20121PLANNING COMMISSIONI09.11.12 FINAL PC MINUTES. docx. doc p il�J�m .i"�i.�.il�P. ORDINANCE NO. xx — 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * ** AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE CITY -WIDE PLPA- 2012 -00047 WHEREAS, the City initiated amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to the quality of Temporary Promotional Signs; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on September 11, 2012 and adopted Resolution 12 -34 recommending that the City Council adopt an Ordinance amending Chapter 8.84 (Sign Regulations) of the Dublin Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on October 16,2012-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. The City Council finds that this Ordinance is consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing regulations related to signage. SECTION 2. Compliance with California Environmental Quality Act ( "CEQA "): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(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 as to signage 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 3. Section 8.84.020.PP (Temporary Promotional Signs) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: PP. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean temporary banners, flags, balloons, searchlights and similar advertising devices when used for a grand- opening event, going- out -of- business event, special promotional event or promotional need such as "Now Hiring" or "Help Wanted" and other needs of a similar nature as determined by the Director of Community Development. SECTION 4. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended to remove the row for the Sign Type "Grand Opening ". All other provisions contained in Matrix A shall remain the same. SECTION 5. Section 8.84.040 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to remove the row for the Sign Type "Grand Opening ". Section 8.84.040 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to modify the row for Sign Type "Temporary Promotional" as follows: Matrix B Sign Development Regulations ** Maximum Maximum Sign Type Number of Maximum Area per Location Copy Additional Section No. Signs Height Side in Sq. Requirements* Restrictions* Regulations* Ft. Temporary Per Section Per Section Per Section Per Section Per Section Per Section Promotional Signs 8.84.050._ 8.84.050._ 8.84.050._ 8.84.050._ 8.84.050._ 8.84.050._ Section 8.84.050. 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 Section 8.84.140. All other provisions contained in Matrix B shall remain the same except that the Section references contained in the "Sign Type Section No." column shall be revised throughout Matrix B for consistency with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code. SECTION 6. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be deleted- 2 of 4 H. Grand Opening Signs. Grand - Opening Signs are permitted in any district other than the Agricultural or Residential Districts when used for bona fide grand- opening functions. The sign is effective only within sixty (60) calendar days of a business' initial occupancy and may be displayed for a period not in excess of thirty (30) consecutive calendar days. A Grand - Opening Sign shall only be displayed on the site on which the grand- opening will occur. b) The following shall be amended to read as follows: S. Temporary Promotional Signs. Temporary Promotional Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary Promotional Signs shall have a professional appearance and be constructed of durable, all- weather materials and shall be maintained in good condition throughout the display period. 1. Apartment Community Banner: 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 displays 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). 2. Balloons: Any tethered or untethered 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 cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. 3. Banner Signs. Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and 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 forty -two (42) consecutive calendar days between displays is required. 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) Banner Sign may be displayed on a tenant's building frontage and one (1) Banner Sign may be displayed on the street frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200 -feet apart. 4. Going- out -of- Business Signs: One (1) Going- out -of- Business Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide going- out -of- business function. The sign may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Going- out -of- Business Sign shall 3of4 only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. 5. Grand Opening Signs: One (1) Grand - Opening Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide grand- opening function. The sign is effective only if applied for within sixty (60) calendar days of a business' initial occupancy and may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Grand - Opening Sign shall only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. 6. Searchlights: 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 cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. c) Section 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re- lettered accordingly. SECTION 8. Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. 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 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 20127 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 4of4 Mayor