HomeMy WebLinkAboutItem 7.1 VehicleDealerSignCommCITY CLERK FILE # 400-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 2, 1999
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
Report from Vehicle Dealerships Signage Committee
Report Prepared by: EddiePeabody, ~r.
1. June 1, 1999, City Council staff report and minutes.
2. September 2"d and September 23~a minutes of Vehicle Dealership
Signage Committee.
3. Summary of Dealership .comments on Signage and Balloons.
4. Resolution 134-97, Enforcement Policy for the Zoning
Ordinance.
1. Review staff report and minutes of Committee.
2. Receive comments from Cm. Lockhart and Cm. Zika on the
subject of Vehiele Dealership.
3. Give direction to Staffto proceed with Sign Ordinance changes
for Vehicular Signs (as identified at your June 1, 1999 City
Council Meeting)
4: Direct Staff to enforce present Sign Regulations for Automobile
Vehicle Dealerships without complaint.
5. Give direction to Staff with respect to the following Temporary
Promotional issues and options:
Balloons
1. Prohibit all balloons 15 inches in diameter within
Commercial, Industrial and Residential zones.
2. Allow balloons over 15 inches on diameter for grand
openings or a limited number of special events only:
3. Make no changes to the existing Ordinance.
Dealership Signage
1. Require each dealership to have a Master Sign Program that
· addresses both permanent and promotional signage.
2. Require an annual permit for temporary signs (monthly and
special promotional time frame) with specific standards on
numbers of pennants, banners, etc. allowed.
3.' Prohibit temporary promotional signage for Vehicle
Dealership other than banners presently allowed by the
ordinance.
4. Enforce the existing Ordinance.
COPIES TO:
Dublin' s Auto Dealers
Bruce Fiedler
Valede Barnes
Chamber of Commerce
ITEM NO.
New Sign Ordinance Chan~es
1. Instruct Staff to prepare specific Ordinance Amendm~nt'~for'
Public Hearings.
FINANCIAL STATEMENT:
Minor enforcement Staff costs.
DESCRIPTION: As a part of the 1998-99 Goals & Objectives, the City Council
instructed Staff to evaluate certain possible Sign Regulation changes. In particular, the City Council
asked Staff to consider potential amendments regarding Vehicular Signs, Large Balloons and Vehicle
Dealerships Signs.
On June 1, 1999, the City Council gave specific instructions to Staff to prepare possible Ordinance
changes for Vehicular Signs and later to convene a Vehicular Dealership Signage Committee. The
Committee was composed of Cm. Lockhart, Cm. Zika, Planning Commissioner Hughes, representatives
from the Dublin Chamber of Commerce, Automobile Dealerships and a member of the public to discuss
temporary and promotional signs for Automobile Vehicle Dealerships. The purpose of this Committee
was to come up with opinions and any recommendations as to potential Sign Ordinance changes as they
might affect the Vehicle Dealerships. Two meetings were held (September 2 and 23, 1999) and minutes
are included as Attachment 2. A summary of dealer comments as interpreted from the minutes of the two
Committee meetings has also been included as Attachment 3. "
ANALYSIS:
City Council has already provided direction for Vehicle Signage Ordinance amendments. The issue is
what direction the City Council would desire in the preparation of any possible Sign Ordinance ·
amendments for balloons and Vehicle Dealership Temporary Promotional signage. '
The present Sign Ordinance regulations for temporary promotional signs as they relate to vehicle
dealerships are as follows:
* Temporary banners, pennants, flags, balloons and searchlights and similar advertising
devices are permitted when used for special promotional events (8.84.020) with a
Zoning Clearance.
· A permit for temporary promotional signs in required and a maximum of 30
consecutive calendar days are allowed per permit; 15 consecutive calendar days waiting
peru-dr is required between peffnits. The cost is $25 for each permit.
The present City Council policy on Enforcement (Resolution 134-97 dated November 4, 1997) states that
any enforcement of the Sign Ordinance by Staff regarding sign regulations with the exception of A-frame
signs and barmer signs without a permit shall be enforced on a complaint basis only. Unless specific
complaints are received regarding signs that are not covered by a Temporary Promotional Sign Zoning
Clearance, Staff does not monitor individual sign violations. In the past several years, Staff has not
actively enforced the temporary promotional signage regulations as they apply to vehicle dealerships.
As noted in the recommendations abovei Staff would like the City Council to give general direction on the
use of balloons and the right approach to handle temporary promotional signage. In addition, Staff would
like to commence enforcement of the present Ordinance as it relates to Vehicle Dealerships without
needing a specific complaint. Given direction from the City Council, Staff will prepare appropriate Sign
Ordinance amendments for Public Hearing before the Planning Commission and the City Council.
g:planning/pa98-056/cesr 11-2.doe
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1, 1999
SUBJECT:
PA 98-056, Study Session on Zoning Ordinance Sign Regulations
Amendm,en.ts. (Report prepared by: Buzz Kalkowsk.i, Assistant
Planner/Code Enforcement) ~d.---
ATTACHMENTS:
] ) Summary of Specific Sign Re=m.tlations Options.
RECOMMENI)ATION: 1)
2)
· ~X_~ 3)
Hear Staff presentation
Discuss Sign Regulations amendment issues
Provide Staff with comments and direction regarding:
- Vehicular Si=cms
· Large Balloon Signs
· Vehicular Dealership Sign progrrams
FIN_4,NCLAL STATElYlENT:
BACKGROU.'hrD:
Minor enfor&ement staff costs
As part of the 1998-99 Goals and ObjectiveS, the City Council instructed Staff to evaluate certain possible
Sign Re=re.clarions changes. In particular, members of the Council asked staff to consider potential
amendments regarding Vehicular Si=~Ls, Large Balloons and Vehicle Dealership Signs.
On September 2, 1997, the Council adopted the comprehensive revision of the Dublin Zoning Ordinance.
Chapter 8.84, Si_m~ Regulations, was adopted as part of that revision. Stafftins prepared a "Summary of
Specific Sign Re_m~lations Optior. s" (Attachment 1 ) in which Vehicular Sig-ns, Large Balloon Signs and
Vehicle Dealership Sign Programs are discussed.
Vehicular Signs. Staff has received complaints' about Vehicular Signs being used for the sole purpose of
attracting people to a place of business. Staff seeks guidance from the City Council on issues relating to
Vehicular Si_~,age in order to make the regulations more clear and implementable.
Large balloon signs. The current Sign Re=m.dations permit balloons as Temporary Promotional Sigv, s.
Concerns have been raised about the visual impacts of such si_mas and their potential negative impa~s on
public safety. The issue of amo~7~tion of such si_mas is discussed should the City Council wish to
prohibit large balloon si_mas.
COPES TO:
Chamber of CommeF~'e' "'
In House Distribution
ATTACHMENT I TEM NO.
Vehicular Dealership Sign programs. Vehicular dealership signage is addressed only thrSugh M'ister
Sign Programs regarding permanent signage and Zoning Clearances for TempotaD, Promotiona3 Signs,
Concerns have been raised that vehicle dealership sign programs can have negative visual impacts on
surrounding areas.
The purpose of this study session is to receive comments and direction from the Council regarding the
above issues.
Staff ,~411 then prepare a Zoning Ordinance Amendment if so desired by the City Council.
RECOMMENDATION:
Staff recommends that the City Council hear staff presentation, discuss Sign Reg-ulations amendment
issues, and provide Staff with comments and direction regarding the issues in this staff report.
SUMMARY OF SPECIFIC SIGN REGULATION OPTIONS
VEHICULAR SIGNS
Zoning Ordinance definition and regulations regarding Vehicular Signs:
8.84.020. Vehicular Sign. The term Vehicular Sign shall mean any sign permanently
affixed to an operable, drivable and currently registered motor vehicle which is used in
the normal course of business. .
Furthermore Vehicular Signs are regulated by Section 8.84.140, Exempt Signs:
8.84,140. Exempt Signs. The following signs are exempt from obtaining a Sig-n Permit
but shall comply with all other re_m~ations of this article:
L. Vehicular Sig-ns. A vehicle with Vehicular Signs affixed shall be parked on the
property on which the business is located, and as close as practical to the business it
ser,,es. The vehicle shall not be used as a sig_n platform or for the sole purpose of
am-acfmg people to a place of business.
b. C6ncerns regarding Vehicular Signs:
Some vehicular signs are apparently being used for the s01e purpose of attracting people
to a business. Often these si~o-n.q appear as billboards on cars, vans or wueks. The Zoning
Ordinance Iang~mge above mates that "The vehicle shall not be used as a sign platform or for the
sole purpose of attracting people to a place of business". However, the Ordinance provides no
standards for m'aking that determination. Staff finds it difficult to document that a vehicle being
used for si_m~age has a sole purpose of attracting people to a business. For example, ifa vehicle
used for signage is operable, drivable and currently registered; is being parked "as close as
practical" to the business it serves; and is used in the "normal course of business", it is a legal
Vehicular Sign under the Zoning Ordinance. Staff has no standard for what "as close as
practical" or "the normal course of business" is. Another concern is that vehicular si_~ms are
being parked in driveways rather than in marked parking spaces and therefore potentially
irapeeling traffic. Staff is also concerned that a lack of limitations on the size &vehicular signs
has resulted in very large signs that are unatlractive and potentially dangerous ff they interfere
with the vis~ility of vehicles and pedestrians in parking areas.
c. Adjacent Cities.
Livermore. Temporary signs may be placed on vehicles for 30 days per three month period. The
vehicle must be currentlyregistered and operable.
Pleasanton, Si;onage must be attached to a building or free-standing. A sign on a delivery
vehicle is exempt from re~m.dation- A delivery vehicle that does not have current registration or
that is not operable would be considered an illegal sign and would be abate&
San'ion, Si_m~age must be attached to a buildina or free-standin_a. Vehicular si-~-s for the
sole purpose of advertising are not legal and are abated.
.................. " .................. ATTACHM2ENT 1
d#
Examples of Vehicular Signs:
Music Unlimited at 6841 Dublin Boulevard (opposite City Hail) has "600 guitars" painted on
the side of a truck that faces Dublin Boulevard. The side of the vehicle facing Dublin
Boulevard does not have the business name or address on it. This vehicle is parked in the
driveway of the business at an angle to make it visible from Dublin Boulevard. The i,ehicle
is partially bloc 'ldng driveway and impairs the vision of the public entering and leaving the
parking lot. The vehicle does not appear to have been moved for months. The sign is so
large tha~ it covers the wheel wells of the truck which could make driving the vehicle
dangerous. ·
.~une~can Furniture, 8909 San Ramon Road. One large track is no longer used for deliveries,
however, it remains parked so that it is visible from the San Ramon Road.
Zac's Car&, 6715 Dublin Boulevard. A pickup truck was used to mount a large sign
advertising the car& Enforcement staff worked with the owner to replace the former sign
with signs painted on the side doors. A "Help Wanted" sign is currently placed in the
vehicle's side window facing the street.
Several barber shops:
· A Good Old Regular Barber shop, 7114 Dublin Boulevard. Often this large van with ..............
nearly ail of the exterior painted in signage, is parked near Dublin Boulevard, adjacent to
Carl's Junior.' Staff has had to remind the owner of the x:equirement for current
regisu-alion over the years. It was noted on March 18, 1999, that the van's license -
expired in September of 1998. When Enforcement warned the owner ~ain, the van was
moved to the side of the lot. The re~stration is stilI not current
o Dublin Comer Barber Shop, 7453 Amador Valley Boulevard. This shop had a large van
similar to the one above. Currently, the Walnut Creek owner is placing a sign reading
"~ BA.R.BERSHOP" inside his Cadillac, behind the windshield.
Wayne's Gun Shop, 7423 Amador Vailey Boulevard. Until recently, an old van with
signage, expired re~stration and flat tires was parked near the street aiong Amador Vailey
boulevard. The van was a continual source of complaints and caused much enforcement
activity. Currently, the van is parked along Dublin Boulevard, across from Pak N'Save at the
new location of the business.
e. ,4a-eas of Ordinance requiring clarification.
Staff seeks gmidance from the City Council on the following issues:
What "as dose as practical" to a business means. Possible options could be adjacent to
the business; near the business but not occupying close-in customer par 'Idng spaces as long as
it is not parked adjacent to the street; or anywhere on the property. Staff recommends that
the City Council choose the second option because it would preserve close-in parking for
businesses and still keep vehicular signs from being parked adjacent to the street.
Should the vehicle be required to be parked in a designated parking space? St~q-F
recommgnds that the City Council make this change to ensure that vehicular signs do not
impede circulation in parking areas.
2
What "normal course of business means. Possible options could be driving the vehicle on
a daily basis; driving the vehicle over 5 miles a week; moving the vehicle (i.e., moving the
vekicle a few inches or around the block); or nor requirement at all. Staff recommends that
the second option be
What size limitations should apply to Vehicular Signs? Possible options could be one
four by four foot sign on each side of a vehicle; one m,o by two foot sign on each side of a
vehicle; or no limitation on sign size. Staff recommends that the City Council choose the
first option because it provides a useful sign area and prevents lar_oe "billboard" signs on
vehicles. It is recognized that many vehicles (large trucks, delivd'ry vans, etc.) have signs
that are larger than four feet by four feet. These signs are normal for vehicles that are used in
the ordinary course of business. The City would resen,e the right to not enforce this section
of the Ordinance until it was found that such vehicles were used for the sole purpose of
attracting persons to a place of business.
.Any chamges that the City Council directs would be incorporated into the Ordinance in addition
to the existing provisions relating to vehicular signs.
2. LARGE BALLOONS/INFLATABLE SIGNS
a.-Zoning Ordinance definition-and regxdations regarding large balloons.
See. 8.84.050
Signs Subject To Permits. The following signs shall be allowed pursuant to
the permits required in the Zoning Districts as indicated in Matrix A (Section
8.84.030) and shall be regulated as shown in Matrix B, (Section. 8.84.040)
and as follows:
Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant
to a Zoning Clearance may be placed on site for a maximum of thirty (30)
consecutive calendar days per permit when used for special promotional events. A
minimum waiting period of fifteen (15) consecutive calendar days between permits is
required.
8.84.020 Definitions. For the purposes of these regulations, certain words and phrases
· ". shall be interpreted as set forth in this Chapter unless it is apparent from the
context that a different meaning is intended. Where any of the definitions in
this Chapter may conflict with definitions in Chapter 8.0g, Definitions, the
definitions in this Chapter shall prevail for the purposes of this Chapter.
'.lJ. ', Temporary Sign. The term Temporary Sign shall mean any sign, banner, pennant,
· valance, or advertising display constructed of cloth, canvas, light fabric, cardboard,
;-: plastic, plywood, wallboard, or other light materials, with or without frames,
intended to be displayed for a limited period of time only.
b. :. Concerns regarding large balloons.
'Eirge balloons have b~n a fixmare ofthi'. Dublin auto dealers, service stations and mattress
retailers for years. Concerns have been raised that balloons may be potentially dangerous
because they could distract motorists and because, if the break loose form the their moorings,
they might become physically hazardous. Concerns have also been raised that large balloons
have a negative impact on the image of the City of Dublin and are visually offensive.
c. Adjacent Cities.
Livermore. Large balloons are prohibited.
Pleaton. Allows hot air balloons for eight hours only four times a year. It is required that the
balloons not resemble anything. ·
San Ramon. Prohibits tethered balloons and inflatable signs.
d. Examples of large balloon and inflatable signs:
· The balloons used by Cro,~x Chevrolet, Dublin Honda, Dublin Amo Center, and Dublin
Toyota_
· Seasonal balloons, one 30 feet in height, used by Christmas tree sales lots.
· Balloons used for special sales events such as the Godzilla and King Kong balloons.
· Inflatable cellular telephones instailed in front of cellular telephone businesses.
e. Possible options for Changing the Sign Regulations regarding large balloons:
Prohibit all balloons 15 inches or ~eater in diameter ~thin Commercial and
Industrial Zoning Districts.
Prohibit balloons 15 inches or ~eater in diameter, and all balloons of any size
supporting streamers and, or, having a tether line exceeding five feel
Make no changes to the Sign Regulations regarding the use of large balloons or
inflatable signs.
Staff recommends that the City Council choose the second option to prohibit balloons 15 inches
or geater in diameter, and all balloons of any size supporting streamers and, or, having a tether
line exceeding five feel This action would eliminate balloon sig'nage which is potentially
dangerous and has a negative impact on the visual image of the City of Dublin.
f. Amortization
Large balloons and inflatable sign% particularly customized balloons, can be expensive.
Should the City prohibit them, the balloons would need to be phased out within a reasonable
amortization schedule. A conversation with a representative of an inflatable balloon/sign finn
indicated that balloons have a normal two-year life span with continuous use and' about five years
with intermittent use. Non-customiTed, generic balloons can be used at any location or for any
business, need not be amortized, as they can be used elsewhere. Balloons customized for a
specific location and, or, business, such as the Crown Chevrolet Balloon could have a three ),ear
to five-year amortization period.
Staff has communicated with the Internal Revenue Sen,ice regarding the amortization
schedule for large balloons and inflatable signs. The/KS, after an ad hoe meeting of IRS experts
in the Oakland office, stated that no specific category exists for large balloons and inflatable
signs. Their conclusion' is that if the large balloons and inflatable signs are not permanently
attached and part of a building structure, they 'are tangible personal property and are not real
property with a 27-½ year depreciation schedule. The IRS further stated that personal property
depreciation schedules are highly individual to the taxpayer's choosing, govemed by personal
property classifications, depreciation methods and the specific m. ethod's recovery period.
Generally, most tangible personal property is depreciated within three to seven years.
None of the custom-made, large balloons, currently used in Dublin, are known to be
permanently attached to a building. Given the hig_h cost and rapid wear of the large balloons and
inflatable signs, it is likely the balloons in Dublin are treated by their ov~mers as personal property
and are v,~tten off using the an accelerated depreciation schedule, probably Within three to seven
yearS:
Staff recommends that, if the City Council wishes to prohibit balloon signage, that it
direct Staff to revise the Sig'n Kegrelations to provide an amortization schedule requiring removal,
after a period of three ),ears, of customized balloons or inflatable signs existing prior to the
ordinance amendment If an owner of such customized balloon or inflatable' sig-n can
demonstrate with appropriate records, to the satisfaction of the Director of Community
Development, that an amortization schedule beyond three years is appropriate, the Director may
extend the amortization period to a time demonstrated by such records.
For all balloons and inflatable signs determined to be non-customized or beyond the
amortization schedule period, the City would require immediate removal per Section 8.84280.
3. VEHICLE DE.4~LERSHIP SIGN PROGRAMS
Zoning Ordinance regulations regarding vehicle dealerships. The Si_fm Regulations
addresses Vehicle Dealership permanent signage (not promotional signage) within Section
8.84.13 0.A, Master Sign Prodare/Site Development Review as follows:
A. New signage for a new retail, office or industrial complex on four (4) or more acres
having a ~oss floor area of 40,000 square feet or larger, a new automobile dealership, or any
buildings more than two (2) stories high shall be subject to a Master Sign Program/Site
Development Review to be reviewed by the Zoning Administrator pursuant to Chapter 8.104
Site Development Review. An existing or proposed retail, office or industrial complex (all
of the businesses in the complex or shopping center, not an individual business in a complex
or shopping center), automobile dealership or building more than two (2) stories high,
regardless of the size of the site on which it is located, may apply for a Master Sign
Program/Site Development Review to be reviewed by the Zoning Administrator.
b. Coneeras regarding temporary promotional signage for vehicle dealerships:
Concerns have been raised that vehicle dealerships can have a negative visual impact on
the surrounding area when many types of promotional techniques are used at the same time. For
example, it is common for vehicle dealerships to display large inflatable balloons, numerous
smaller helium-filled balloons in clusters, ~ultiple banners, pennants, streamers, pole signs,
Caltrans-like signs, human-held signs, and search lights. The Sign Regulations require that
businesses, including vehicle dealerships, use the current Zoning Clearance procedure for
approval of temporary promotional signage programs.
As noted above, the Zoning Ordinance contains a provision requiring the use of a Master
Sign Program for new automobile dealerships and permiuing the use of a Master Sign Prograrn
for existing automobile dealerships, These programs have been oriented toward permanent
signage, not temporary promotional sign~e.
c. Adjacent Cities.
Livemore. TempOrary sing are allowed in the form of freestanding A-Frame signs, window
signs, banners and beacons. Si_m~s are allowed for 30 days per three month period and beacons
are allowed for 10 days per three month period.
Pleasanton.. The only temporary sign allowed for an automobile dealership is a "Grand Opening"
sign. -
San Ramon. A/lows banners for 14 days per event. No other signage .allowed.
d. Vehicle Dealership Sigaage Committee.
Staff recommends that before any changes to vehicle dealership signage are considered the City
Council should establish a Vehicle Dealership Signage Committee made up of a member of the
City Council, a member of the Planning Commission, a Stuff representative, and representatives
of several vehicle dealerships in Dublin. The Committee would establish a dialog on vehicular
dealership signage and prepare specific options on any Sign Reg~xlations modifications involving
the dealerships. A recommended time frame for a report from this committee would be six
months.
G:paggO56/Attachment 1
Denise Adams, who lives on Hawk Way asked when the completion is scheduled.
People are parking in all alrections and she asked fithey would be a}~le to be
ticketed.
Mr. Peabody stated io get everything done, it will be a while yet. His guess is
maybe up to 4 months from now.
Cm. McCormick stated California Creekside was mentioned and she thought we
have a street called Creekside on the other side of town.
Mr. Thompson clarified that California Creekside is the name oft he
development.
Mayor Houston closed the public hearing.
On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by
lLnalnimous vote, the Council adopted
RESOLUTION NO. 101 - 99
APPROVING ENFORCEMENT OF TRAFFIC REGULATIONS UNDER
CALIFORNIA VEHICLE CODE SECTION 21107.5
CENTRAL PARKWAY, HIBERNIA DRIVE, MYRTLE DRIVE,
HAWK WAY, FAWN WAY, MANGROVE DRIVE, BOXWOOD WAY,
FINCH WAY, OWL COURT, SPARROW COURT, PEACOCK COURT,
PHEASANT COURT, AND A PORTION OF SUMMERGLEN DRIVE
STUDY SESSION ON
ZONING ORDINANCE SIGN REGULATIONS AMENDMENTS
8:46 p.m..8.1 (400-30). ·
Community Development Director Peabody explained that the Council
instructed Staff to 'evaluate possible changes to Sign Regulations regarding
vehicular si,gjns, large balloons and auto dealership signs. The purpose of this
study session is to receive comments from the Council regarding these issues.
cITY-COUNCIL MINUTES
VOLUME 18
· REGULAR.MEETING
June 1, 1999
PAGE 321
Stnff wil/then prepare a Zoning Ordinance Amendment if so desired by the City
Council.
Mr. Peabody stated Staff is looking for direction on what to come back with.
They have worked extensively with the City Attorney with regard to
constitutional problems, which we must be careful about.
Senior Planner Carington started with vehicular signs, and stated Staff has
received complaints about these types of signs being used for the sole purpose of
attracting people to a place of business. Staff seeks guidance from the City
Counc~ in order to make the regulations more c/ear and implementable.
Assistant Planner Buzz KalkowsM showed slides of several vehicular signs.
Mr. Cartington discussed options presented in the Stuff Report.
1) What "as dose as practical" to a business means. Possible options could be
adjacent to the business; near the business but not occupying dose-in
customer parking spaces as long as it is not parked adjacent to the street; or
anywhere on the property. Staff recommends the second option.
2)
Should the vehicle be required to be parked in a designated parking space?
Staff recommends that the City council make this change to ensure that
vehicular signs do not impede circulation in parking areas.
3)
What "normal course of business" means. Possible options could be driving
the vehicle on a daily basis; driving the vehicle over 5 miles a week; moving
the vehicle (i.e. moving the vehicle a few inches or around the block); or no
requirement at'all. Staff recommends that the second option be chosen
because it would set a clear but reasonable standard.
4) What size limitations should apply to Vehicular Sio~ns? Possible options could
be one 4' x 4' sign on each side of a vehicle; one 2' x 2' sign on each side of a
vehicle; or no limitation on sign size. Stnff recommends that the Council choose
the first option because it provides a useful sign area and prevents large
"billboard" signs on vehicles.
CITY COUNCIL MINUTES
VOLUME 18
_._ REGULAR MEETING - - .
June 1, 1999
PAGE 322
Mayor Houston stated he felt to help the situation, we should make sure they
are parked in a designated parking space. We need to know what the approved
parldrxg configurations are. He stated he thought traffic rules and regulations in
a parking lot are kind of tough.
Mr. Carrin~on stated we addressed this in 1987 and said where we have a
center with an approved plot plan, ff you are going to restripe a parldng lot, you
must get a SDR to do so. Staff can then take a look at it and hopefully keep an
eye on it.
Vice Mayor Lockhart stated she felt it should be in a designated space in front of
their business.
Mayor Houston stated he felt when we do this we get into what is' reasonable.
This is more subjective and he sees more problems with this. Every center is
different. It is more subject to interpretation and causes potential legal
coz~flicts.
ViCe Mayor Locidam stated 'she would just like to send message to business
owners and say ffyou use this as a sign optior/, this is clearer.
Cm. McCormick clarified that Mayor Houston was saying anywhere on the
property. Could we say as close as possible to their designated business.
Mayor Houston asked about businesses that aren't necessarily Dublin
businesses. People park the big rigs over'at the Lucky center and they advertise
different stores, etc.
Mr. Carringlon clarified if it is an operable truck, we would not seek 'to regulate.
There is only one parking lot in our City that is properly posted; where Target
and Montgomery Wards are. All the other lots are not properly posted.
Mayor Houston stated he did not feel we give out a lot of tickets inside a parking
lot.
Mr. Kalkowsld stated the primary issues are vehicles which have signage
supplementing allowed signage. The vehicles primarily are not used for the
normal course of business; they are simply parked there for additional signage.
CITY COUNCIL MINUTES
VOLUME 18
REGULAR 1KEETING, ..
3une lr 1999
PAGE 323
Vice Mayor Lockhart stated at some point, we have to look at the bigger picture.
Are people doing this because they want a bigger sign or do we have a problem
existing? Why is this such an issue?
Mayor Houston felt for many, it is just habit and they've always done it this way.
Cm. McCormick asked about warning letters. Are there penalties?
Mr. K~llcowski stated yes, if they are taken to court. This would be the end
~esult of our enforcement.
Mr. Carrington advised that a s~rnilar process is used in all cities. We are
pursuing cases fight now where judges have assigned fines to individuals.
can prosecute as a misdemeanor if we choose.
Mayor Houston felt at some point we 'have to let people know we are serious.
Some are flagrant abusers.
Vice Mayor Lockhart stated if someone has an unre~stered vehicle sitting wiU)..
flat tires, there is just no excuse for this. We don't want to start clamping down
so fight that people don't have any signage.
Cm. Zika stated he liked the concept of a designated space within a parking lot.
He also favors a 2' x 2' sign. This could limit the size of the vehicle.
Mayor Houston felt people will figure out a way to modify even the strictest
rules. He felt most of our problems are on weekends.' On Friday at 5 p.m., Staff
goes home and then they all come out; inflatable mattresses, spas, etc.
Mr. Peabody advised that Mr. Kalkowski works one Saturday a month.
Vice Mayor Lockhart stated she likes the requirement that vehicles must be
driven a minimum of 5 miles per week.
CITY COUNCIL M~INUTES
VOLUME 18
REGULAR MEETING.
3une 1, 1999
PAGE 324
Mayor Houston stated he favored saying, designated parlcing space, size of sign
and look at mileage count.
Ms. Silver stated we need to look at all these issues in terms of constitutional{ty.
Commercial speech is enfified to rights under the First Amendment. Some of
the suggestions may need to be tweaked a little bit.
Cm. Zika asked ff we could look at the vehicle sign with regard to total allowed
signage.
Mayor Houston summarized that it has to be in designated space, look at some
size limits and it can't be inoperable.
Mr. Cartington stated with 'regard to Large Balloon Signs, the current Sign
Re~milations permit balloons as Temporary Promotional sirens. Concerns have
been raised about the visual ~mpacts of such signs and their potential negative
impacts on public safety.
Mr. Cartington reviewed 3 possible options for changes regarding large balloons.
'Staff recomm ended the second option which would prohibit balloons 153 or
greater in diameter, and all bal]oons of any size supporting streamers and/or
having a tether line excecdqng 5'. Amortization issues were discussed and to
require removal after a period of 3 years was St~ff's recommendation.
Mayor Houston stated hc lilccd the idea of what Plcasanton has done in allowing
them at l~rn~ted times during the year. Don't ~llow them on the roofs. They are
using them like a second floor of their buildings. They consider this free space.
Whether we aI1ow for amortization or not, we shouldn't allow them on roofs.
Vice Mayor Lockhart agreed that they don't belong on the roofs of buildings,
especially with our wind conditions. It would not be a disadvantage to not have
them as they are' not used in other communities. If we amortize them out, we
should treat everyone equally. At one time, the balloons were important for
freeway visibility. This issue will correct itself as ramps arc put in and people on
the fleeway can access our community. This might help eliminate the need for
balloons. Businesses won't be happy about this. She has heard from a lot of
residents w]~o don't ]ilce these. People aren't happy with them. Look at a 3 year
CITY COUNCIL MINUTES
VOLUME 18
P, EGULAR MEETING
3une 1, 1999
PAGE 325
amortization. Seasonally, there are some that could stand on the ground. She
/~'~a~reed that they should definitely not bc on the roof.
Cm. Zika asked what was meant by expensive.
Mr. KalkowsM responded that some start around $5,000.
Cm. Zika stated he agreed that 3 years should be okay. You can cook the books
to look like whatever you want. He could go along with option 2. If we allow
them on the ground, we should have some kind of height limit to eliminate the
- danger of one going over in a high wind. We should look at an appropriate
height limit.
Mayor Houston felt we would be stuck with what they have now if we amortize.
Cm. Zika clarified he was discussing after'this period of time if we allow any on
ground. We should have a height limit and also provision that they can't have
them on the roof.
. ..::~..Cm. McCormick asked ff balloons come under free speech.
Ms. Silver replied yes, commercial advertising is entitled to free speech
protection. It is protected first amendment speech. A city can regulate it with
reasonable time periods.
Cm. McCormick stated she liked the second option. She felt 2 years is plenty of
tim e. She asked ff we know how many are leased.
Mr. Cartington stated he felt the vast majority are leased. There are maybe 2
that actually belong to businesses. Dublin Honda has one and there is a loaf of
bread that belongs to a corporate business.
Cm. McCormick stated she supported option 2 (prohibit balloons 15" or greater
in diameter, and all balloons of any size supporting streamers and/or having a
tether line exceeding 5'] and 2 years for the amortization period. '
Mayor HoustOn restated he liked the Pleasanton model with nothing on the roof.
CITY COUNCIL MINUTES
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June 1, 1999
PAGE 326
Vice Mayor Lockhart felt it is great to say it, but we must get them to follow it.
we don't want balloons, maybe we just need to say we don't want them, period.
She stated she would go along with option 2.
Ii
Mr. Ambrose asked what percentage of the balloons are put up without a
permit.
Mr. Kalkowski responded they all put them up without permits and then he has
to go tell them. Fremont has a good model. They allow them for special
occasions. They are required to have them up no longer than one day. They
also allow them for civic events.
Mayor Houston stated he felt several options should be looked at.
Cm. Zika 'asked fit hey chose option 2, would ti'iis prohibit them from a11ox~g
one. for a special event or civic event.
Mr. Carrington stated this would have to be built into the regulations.
Mr. Carington stated vehicular dealership signage is addressed only through
Master Sign Programs regarding permanent signage and Zoning Clearances for
Temporary Promotional Signs. Concerns have been raised that vehicle
dealership sign program s can have negative visual impacts. on surrounaing
areas. St,qff recommended formation of a Vehicle Dealership Sig~age Committee
made up of a member of the City Council, a member of the pc, a Staff
representative, and representatives of several vehicle dealerships in Dublin.
Vice Mayor Lockhart stated she wouldn't mind being on this committee, and
Cm. Zika stated he would be alternaie.
Mayor Houston stated we have the new dealership coming in, the GM AutoMall
Mr. Peabody stated they are not yet under constructions and will be required to
bring back a planned sign program. We may have 2 other dealerships in this
sam e situation.
o
Mr. Peabody suggested they come back within 6 months with specific options for
hearing.
CITY COUNCIL MINUTES
VOLUME 18
- REGULAR MEETING
June 1, 1999
PAGE 327
MINUTES
VEHICLE DEALERSHIP SIGNAGE COMMITTEE
September 2, 1999 * 8:00 a.m. to 9:30 a.m.
City of Dublin Regional Room
The Vehicle Dealership Signage Committee held a meeting on September 2, 1999 in the City of Dublin Regional
Meeting Room. Chairperson Lockhart called the meeting to order at 8:05 a.m. Members of the Committee present
were Cm. Janet Lockhart, Chairperson; Cm. George Zika; Don Johnson, Chamber of Commerce Representative;
Eddie Peabody, Jr., Community Development Director; Dennis Carrin~on, Senior Planner; Buzz Kalkowski, Code
Enforcement Officer, Christopher Foss, Economic Development Director; and Maria Carrasco, Recording
Secretary.
Dealership Committee Members present: Les Jones, Crown Chevrolet; Brad Kassabian, Kassabian Motors; Mike
Nohr, Nohr's RV Center; Bruce Fiedler, Dublin Resident; Eric Strickland, Stoneridge Chrysler-Jeep; Michael
Loux, Dublin Auto Center; Valerie Barnes, Dublin Resident; Dave Bennett, E1 Monte RV; Craig Caldwell,
Shamrock Ford; Mark Harvey, Dublin Honda; and a Tri-ValIey Herald Reporter.
Cm. Loc'khart explained the purpose of the Committee is to discuss the temporary and promotional signs in the
community. She stated that they have included the Vehicle Dealerships in Dublin because the City understands that
if the Sign Ordinance is mended, it will impact the dealerships. The City would like to work with the dealerships
and come up with some alternatives. The City does recognize the dealership's value to the community. She
explained that the community is growing and changing; and with those changes comes a more desirable form of
community. She stated that there would be one more meeting to talk about alternatives or recommendations to take
to the City Council. She introduced herself and introduced Cm. George Zika and suggested for everyone to
introduce himself or herself.
Cm. Johnson stated he was representing the Chamber of Commerce.
Everyone went around the table and introduced themselves.
Cm Lockhart stated Bruce Fiedler, Dublin resident, was appointed by Mayor Houston to serve on the committee.
She stated that Staff would give a presentation that will explain what's going on in Dublin and the region.
Mr. Peabody stated that Dennis Cartington will give a brief presentation.
Mr. Carringon stated that Staff revised the sign regulations two years ago. He explained that Staff has lried to
make the Sign Ordinance a little more flexible. The Ordinance is divided up into Wall Signs and Freestanding
Signs. What Staff is working towards is a win-win situation. He explained that when a new dealership comes in to
the City, they would have to apply for a Master Sign Program. He also addressed the temporary promotional
signage regulations which includes banners, balloons, and searchlights that are used for special promotional events.
The Ordinance states with a Zoning Clearance and a $25 fee, a business can have a promotional sign for 30 days.
. There are certain signs that are exempt such as pennants and flags. He stated that Staff is not married to the
Ordinance and is flexible .....
Cm. Loc-khart stated as the City changes, and the community changes, the need for proactive code enforcement is
apparent With freeway ramps coming into the community and with the change of the size of our community, the
City's policies need to be looked at. The policy in the past was to allow the car dealers to do as they please. With
all the changes taking place in the City, the Council felt that there should be some changes to the Sign Ordinance.
Mark Harvey, Dublin Honda and Dave Bennett, E1 Monte RV arrived late.
Cm. Lockhart stated that it would be a good idea to go around the room and get input from everyone.
,TTACHMENT
Dave Bennett asked what changes was the City going to make.
Cm. Lockhart stated part of the changes would be proactive enforcement where it was not enforced in the past. In
some people's eyes, the temporary promotional signage, balloons, banners, and paint on the windows will promote
business, but for other people, it does the opposite. The City is not lrying to wipe out everything. The residents are
tired of being known as the only City who allows the signage, andballoons. There is a desire in the community to
change Dublin's image.
Cm. Zika stated that there have been a few occasions when a business would rather pay more for an office space in
Pleasanton, than Dublin.
Mark Harvey stated there is a lot that Pleasanton has that Dublin can't compete with.
Les Jones stated that the City of Pleasanton has a cute downtown. The City of Dublin would have to play catch up
to be comparable to Pleasanton.
Cm. Lockhart stated that if the City does not start somewhere, the City would never have that type of community.
Dublin is not going to change over night. As the community changes, the demographics are going to change and
five years ago the City did not have Hansen Ranch or the plans for a golf course.
Mr. Jones stated that Dublin has no core.
Cm. Lockhart stated Dublin is not trying to compete with Pleasanton. Pleasanton is a neighboring city and the
Dublin residents have the right to do a comparison with the other communities. There are a lot of projects coming
to the Dublin community, which is why the City is working on revising the Sign Ordinance. There is a desire in the
community to change Dublin's appearance. With the median income rising in this community, the dealerships
should see an increase in sales.
Eric Strickland, Chrysler stated that there is this perception of Dublin that is a concern to him. The Good Guys, and
Mancini Mattress, are also using signage. He stated his business is new to the community and he is happy to be a
part of it. He has never perceived or heard people refer to Dublin as the community with the lrash. The new
residents coming in to the community do not have all the issues. He read a newspaper article that mentioned a
blimp on a car dealership and he is that guy with the blimp. He stated that there was a gny who found his place
because of his blimp.
Michael Loux, Dublin Auto Center stated that his dealership came out on television regarding the Godzilla on top
of their building. The next day he received more than 50 phone calls without one negative comment. He does not
see the Godzilla balloon as tacky or offensive. The feedback he has received has been positive.
Cm. Lockhart stated she would give him the calls she receives.
Mr. Loux stated that this is a very competitive market and he needs any edge he can get. They make a conscious
effort to keep the grounds landscaped, or have anything on their windows. The balloons attract attention and they
get a lot more comments on the balloon rather than the reader board sign.
Cm. Lockhart mated there is a lot more information on the reader board sign.
Mr. Loux agreed, that the sign has a lot more information. He stated that when people are driving they only see the
sign for about a minute and a half from either direction. The sound wall at BART has cut their visibility in half.
Dave Bennett, asked what problems are the City trying to change with the car dealers? He asked if it is the
Godzilla that the City has a problem with?
Cm. Loc'khart stated that the issue they want to address is the length of time temporary signs should be left up and
how many times it can be up in a year. The City also wants to look at how they manage the Ordinance and how it
is enforced. There has been a change in the Council and the community has complained about these issues.
Mr. Loux asked if the City received complaints from the community five years ago.
Cm. Lockhart stated yes.
Mr. Loux stated that when he came into Dublin in 1986, he was not allowed to put up balloons at all. Then the
regulations became lax and now it's an issue again. He asked if it has been an issue for the last few years?
Valefie Barns stated it has been an issue since she was a Planning Commissioner in 1984. She stated that she
worked with Staff on the original Sign Ordinance and received complaints back then. Dublin will never be as old
as Pleasanton and won't ever have a cute downtown. The residents are tired of being looked down on and have
always been considered the other side of the highway. The City has a positive image and has Dublin pride. She
stated that her grandchildren comment on the Godzilla, but that does not make it tasteful.
Mr. Strickland, stated that all the dealers are being hit by friendly fire because of the feeling that Dublin is not as
good as Pleasanton. If this is the issue, balloons and temporary signage is the problem to address. There is a long-
standing desire to be like Pleasanton and the number one tone is Dublin is a second cIass citizen because it's not
like Pleasanton.
Cm. Lockhart stated that Ms. Barnes was using Pleasanton as an example. Dublin is not comparing itself to
Pleasanton. The same interest drove Livemore to change their Sign Ordinance and take down balloons and drove
Pleasanton, San Ramon and Danville to do the same. That same reasoning process is happening in Dublin's
community. It's not a comparison but rather a community growing and changing.
Mark Harvey said San Ramon is loosing major heavy hitters.
Cm. Loc'khart stated that Dublin is not talking about banning everything. The City wants to compromise with the
dealerships. She asked if they need a better sign so they can be found?
Mr. Harvey responded yes, he needs a better sign.
Cm. Lockhart stated they are not trying to chase business out of the community or make it a harassment issue.
Cm. Johnson stated that from a marketing standpoint when a balloon is up for more than two weeks, it loses its
effectiveness.
Mr. Harvey stated he had a King Kong balloon up and it became very effective after the high school kids stole it
and put it up on the science building. There was an article on the front page of the Contra Costa Times and he
didn't have to buy the ad.
Cm. Johnson stated that if a promo ran over a year it would not be as effective in the 12th month as in the first 15
days.
.. Mr. Harvey stated that with Dublin growing, the traffic has increased. People are constantly moving in and out of
:~-'- this community.
Cm. Lockhart asked how people are choosing the community they are moving in and out of.
Mr. Harvey stated that people look for a great school district. There is also a pecking order of home value and
Dublin will remain in the pecking order they are in now forever. Dublin will not surpass San Ramon, Pleasanton,
and Danville as far as home value, and perception of schools. The car dealerships are not going to change that.
Cm. Zika stated that Dublin is not picking on the dealerships. The City is trying to get rid of some of the tackiness.
Mr. Strickland explained that during the auto purchase cycle, an individual is passionate for 72 hours and intensely
involved with buying a ear. He stated that is why a sign is there for long time, because every day there is a
changing market.
Mr. Fiedler agreed that every business should able to be found and that the yellow pages have maps for the dealers.
An acre of brand new cars next to each other is also an advertisement that it is a dealership. He stated that he
bought a car from Mr. Strickland because he had a better price not because of a balloon.
Craig Caldwell, Shamrock Ford stated that it is important to have a sign for advertising. He stated that a directional
sign directly on the property is also important so the customer does not waste time looking for parts, service, sales,
etc. Promotional signs are very important in this market. A consumer who decides to purchase a car typically does
it within 72 hours. If the dealer does not have the signage, it will effect where the customer goes to purchase their
vehicle.
Cm. Lockhart stated that the auto dealers are not being targeted but the whole downtown area is being studied for
renovation. She explained that redevelopment is being discussed in certain shopping centers and a lot of new
buyers are coming in wanting to renovate.
Mr. Jones stated that on the comer of Village Parkway and Amador Valley there is a shut down gas station and a
vacant lot across the street from it. He said that there aren't any shut down gas stations in Danville.
Cm. Lockhart stated that the lot has been purchased and there are plans to renovate the whole area. The gas station
is owned by Tosco and the City does not want another gas station there. The City is actively pursuing a change in
that area.
Mr. Harvey said the City is holding out for something big.
Ms. Barnes stated that she made a very big complaint to Cm. Lockhart about that comer lot. She stated that when.
they decided to purchase a car, the Godzilla balloon had nothing to do with their decision. She said that they went
to every dealership in town. She said that for years Dublin Auto had commercials on television and radio; her kids
in Chico saw the commercials and felt the dealers were doing a great thing.
Mr. Loux stated it was so successful they had to abandon the commercials.
Ms. Barnes stated that the reader board sign at Dublin Auto is one of the greatest services and she has taken a lot of
heat regarding that sign.
Mr. Harvey asked if she would like one up on 1-680.
Ms. Barnes stated she did not object to a reader board along 1-680 but the television and radio commercials did a
better job than any balloon.
4
Cm. Lockhart stated the City understands the dealership's issues. The City will have much more freeway access
into the community as it expands. She felt that Shamrock Ford has done very well in the community for many
years and they do not have freeway access or balloons up.
Mr. Jones responded that promotional balloons will not make them or brake them.
Mr. Caldwell said one of the biggest challenges with dealerships is all the information that is on the Internet. He
said that a consumer has already made the decision to buy a Honda or a Ford before they come in. Then the
challenge is getting the consumer to shop your store.
Cm. Johnson said that the current consumer decides the brand first then goes shopping.
Mr. Harvey said that after the consumer decides the brand they want, they are then wondering where they saw the
Ford dealership or the Honda dealership. He said that the consumer might remember and say "hey, that is the
dealer with the Godcilia, or that is the Honda dealer with the balloon.
Mr. Fiedler, stated that he looked up a Dublin business in the yellow pages to find the address. He went down to
the business and they had a small monument sign on Dublin Boulevard. The sign had nothing to do with his
choosing the business; he chose the business because it has the best welding work and good prices. He stated that
with the address and small sign he was still able to find it.
Cm. Lockhart stated that the Internet also gives the location of a business.
Mr. Harvey said if a business is hooked up with the right Internet services, it can be good for the business. He
stated that if a person did a search under Honda, Dublin Honda does not always come up. If a business is not
hooked up the exact right way, they could be overlooked.
Cm. Loc'khart said the Internet is the future of advertising and the balloons are the history of advertising. She asked
if the message that goes with the balloon is look at us, we ?e cheap? She stated that the balloons make the business
look cheap.
A committee member responded that the balloon is there for the consumer to notice the business.
Cm. Loc'khart stated that the balloons and the fringe on the flags look cheap.
Mr. Harvey said his balloon has a Honda logo on it. People may drive around the community and stop at a place
that has a balloon on top of their business that says "SALE." When they drive by his business the balloon will
attract customers.
Mr. Caldwell stated that his Ford dealership gets more business because of the Honda balloon.
Ms. Barnes asked how much the balloons cost?
Mr. Harvey responded approximately $7,000 to $10,000.
Mr. Barnes stated that it would be wiser for the dealerships to make their name be the first to come up on the
Internet.
Mr. Loux stated that his business use to be named Valley Auto Center but people did not know where they were
located. They have changed the name to Dublin Auto Center and it made a huge difference. The Godzilla went up
when AutoNation came to Dublin.
Mr. Strickland said one of the approaches could be to revise the signage on the balloons.
Mr. Bennett said many of his customers are given direction to El Monte RV by getting off the freeway when they
see the Godzilla balloon.
Mr. Peabody said some communities have directional signs that state "car dealers this way."
A committee member stated that kiosks were going to be installed around the City that state Shamrock Ford this
way, etc. and it never went past the initial conversation.
Cm. Lockhart said that during the Downtown Business Task Force signage was a big issue and is part of the
downtown study. As defined by the Dublin Business Task Force, they would be located at Dublin Blvd., Village
Pkwy., Amador Valley, and San Ramon Rd.
Ms. Barnes said that if they took the amount it costs to purchase a balloon and did signs throughout the City, which
would be a better way of directing people to their location.
Mr. Strickland said that maybe the City could have more than one reader board sign. He asked what the revenue is
from the dealerships.
Cm. Lockhart responded approximately 27%.
Ms. Barnes stated that the City received many complaints about the reader board sign, but she fought to the bitter
end.
Brad Kassabian said that people have different opinions about what is tacky. Ms. Bames likes the reader board sign
but some people think it is tacky and like the balloons better. He said that better signage will bring more revenue to
the City.
Mr. Harvey said the people who are squawking should realize that 27% of the revenue comes from the dealerships.
He said that if all the car dealerships were to go away, see if the residents still have jazzy schools, and a beautiful
City Hall.
Cm. Loc'khart said Dublin is a growing changing community. The commercial areas are a very important part of
that change. The car dealers do not live and die by balloons and the City would like to work with the dealerships
towards something that will work for them. She said that the residents of Dublin are equally as important and they
are what make a City. That is where the City is coming from.
Chfis Foss, Economic Development Director said he would go by each one of the dealerships to speak with them.
Cm. Loc'khart said that the City's Code Enforcement Officer, Buzz Kalkowski has done a wonderful job cleaning
up the City.
Mr. Kalkows'ki stated that the current Sign Ordinance allows temporary signs with a Zoning Clearance.
Mr. Peabody said that by City Council direction the City hasn't done real enforcement with the dealerships. Other
business's in Dublin have made comments and asked why they have to get a permit for a temporary sign when
Dublin Honda has a balloon up all the time. He said that whatever the rules are, everyone should be treated fair.
Cm. Lockhart said the next meeting is scheduled for September 23'a. She said that would give Chris Foss and
Buzz Kalkowski time to give them feedback. What Staffwill do with the information is prepare a report to the City
Council. She said that if anyone is unable to attend the next meeting they should give any information they have to
Buzz Kalkowski or Eddie Peabody.
Mr. Loux asked if the current Ordinance allows the Godzilla balloon to be up.
Cm Lockhart stated that the present Ordinance is what is being discussed at Council level.
Mr. Loux asked if the dealerships have abused the Ordinance?
Cm. Lockhart said that is not the issue; the question is does the City really need all those balloons in the
community. Cm. Loc'khart asked if anyone had anything to add before they adjourn? Hearing none, the meeting
was adjoumed 9:30 a.m.
MINUTES
VEHICLE DEALERSHIP SIGNAGE COMMITTEE
September 23, 1999 * 8:00 a.m. to 9:30 a.m.
City of Dublin Regional Room
The Vehicle Dealership Signage Committee held a meeting on September 23, 1999 in the City of Dublin
Regional Meeting Room. Chairperson Lockhart called the meeting to order at 8:07 a.m. Members of the
Committee present were Cm. Janet Lockhart, Chairperson; Cm. George Zika; Don Johnson, Chamber of
Commerce Representative; Eddie Peabody, Jr., Community Development Director; Dennis Carrin~on,
Senior Planner; Chris Foss, Economic Development Director; Adam Lindgren, City Attorney's Office;
and Maria Carrasco, Recording Secretary.
Dealership Committee Members present: Bruce Fiedler, Dublin Resident; Michael Nohr, Nohr's RV;
Eric Strickland, Stoneridge, Chrysler Plymouth, Jeep Dealership; Scott Anderson, Dublin Toyota;
Michael Loux, Dublin Auto Center; Les Jones, Crown Chevrolet; Craig Caldwell, Shamrock Ford; Mark
Harvey, Dublin Honda; Kara Shire, The Herald; and Michael Pena, The Valley Times.
Cm. Lockhart started with everyone introducing themselves. She stated that at the last meeting they
started by approaching the issue of the Dublin Sign Ordinance including balloons. There have been a
few weeks since the last meeting to think about it and get some feedback from the businesses and the
community. She stated that at this meeting they will restate the issue, restate what the problem is with
the community., and look for some solutions and recommendations to take to the City Council. Eddie
Peabody has prepared a brief synopsis of what is done in the neighboring cities. Dublin is trying to live
up to the expectations and ideals of this region as well as the other cities. The people in Dublin want to
be considered part of the region and not separate from the rest of the vatIcy. She said that Bruce Fiedler
is the community representative and can give the committee some feedback.
Mr. Fiedler stated that every business in Dublin should be able to be found and identified. For a building
that is physically small, maybe a larger sign should be allowed. There are businesses that have special
events and openings, such as Ralph's; they applied for the required permits to advertise their grand
opening. He feels that the City should have more enforcement for a business that has a "grand opening,"
which runs 4 months or a "going out of business sale" that has lasted 8 or 9 months.
Cm. Zika stated that he would like to hear from the dealerships with some reasonable suggestions. He
has heard from the residents and they are concerned that Dublin will start looking like East 14th Street in
San Leandro.
Mark Harvey, Dublin Honda, and Scott Anderson, Dublin Toyota arrived late.
Mr. Strickland, Chryslyer, Plymouth, said one of the significant things about Dublin is it is a unique City.
He said that when General Motors, Saturn, Pontiac-Buick is in Dublin, it will be the dominant source of
automotive retail. Dublin will have the most automotive dealerships than any other City in the Tri-Valley
area, and as a result, Dublin may have to be unique with promotions. He said that San Ramon does not
have any ear dealers and Pleasanton is losing theirs. The car dealerships do not see the same customer
frequently.
Cm. Lockhart asked if anyone else had anything to add.
Mr. Loux, Dublin Auto stated that buying a ear is an emotional issue. He agreed with Mr. Strickland
about seeing the same customers. The question that was asked at the last meeting was, "would they do
less business if the balloons weren't up?" He feels that if the balloon helps him sell 10 more cars, then it
should be allowed. The reason the dealerships are leaving Pleasanton is because there aren't as flexible
as Dublin. He said they have flourished in the last 2 years. He stated that the balloon on the roof is not a
problem and that people are looking for the best deal.
Cm. Zika stated that Shamrock Ford does not have balloons or banners and feel they need them. He
asked Dublin Auto why he feels he needs a balloon or banner.
Mr. Loux stated Dublin Auto is a destination location and people don't drive by his dealership to go
shopping dow~atown. It is difficult enough to get to his dealership and he uses the Godzilla as a
landmark. Shamrock Ford is on a main street in Dublin and people drive by it. He said that they
rearrange their cars at least once a week to draw attention. They get people that drive by that are
commuting and Bart has cut their visibility in half.
Cm. Zika said the people standing on the platform at Bart can see Dublin Auto and the reader board sign
is the only thing to read while waiting for the train.
Mr. Loux stated that the Godzilla balloon comes down once a month and gets a bath. He stated that they
are always replacing tom flags and banners and stay consistent with keeping their grounds clean. He
could understand if his site was not kept up but that is not the case.
Cm. Lockhart asked what brings a customer back to a dealership. She asked if a customer typically
brings their ear back to be serviced.
Mr. Loux stated that some of them do and some of them take their cars to Jiffy Lube. He said that the
customers that live out of the area are never seen again.
Cm. Lockhart asked if the people who live locally would be their best base.
Mr. Loux responded yes.
Cm. Lockhart said if the City is hearing from local people complaining about the balloons and they are
the majority of customers that may be an incentive for the dealerships to try and please the residents.
Mark Harvey, Dublin Honda asked how many people don't like the balloons?
Cm. Lockhart said it isn't the most burning issue, but has been an issue that people have complained
about.
Mr. Harvey asked how many people call and want more soccer fields, or wants the plants throughout the
City a different color. He said that nobody has expressed how many people call daily on the balloons.
Cm. Lockhart said it does not take people calling daily. She said that if she gets a good amount of people
complaining about the same issue over time, it has to be addressed. The residents are not happy with the
way the City looks and have compared it to East 14th St., in San Leandro or Castro Valley. She said she
is not trying to be rude to Castro Valley or East 14th St., but this is what she is hearing from the
residents. Every community has an opinion and right to what they want to see in their community. They
are the tax base and the people who have invested in a home.
Mr. Harvey said the dealers are 27% of the tax base.
Cm. Lockhart stated that the dealerships use Dublin as a business investment, but to the residents this is
their life. It is important to the Council to listen to the residents' concerns. We want to support the
needs of the dealerships as well as the needs of the residents. We need to find a compromise that the
dealerships can live with and the residents can feel their complaints have been addressed.
Craig Caldwell, Shamrock Ford said that he does not feel comparing Dublin Auto to Shamrock Ford is a
valid comparison. He said he does put up small balloons. They have put up large balloons but did not
have a good experience. One time there was a wind related issue and another time the contractor was 18
hours Iate. For him to say he is against the balloons because they don't use them would be incorrect.
Mr. Loux stated that he doesn't have a problem with following the Ordinance.
Mr. Strickland said maybe the balloons are not the issue and the issue is the initial enforcement. He does
not have a problem applying for a temporary use permit and he felt every one of the dealerships agreed
with him. One of the overriding reasons he chose to move to Dublin was because of the friendly people.
He feels that by addressing the Zoning Ordinance and following the procedures would be a good starting
point. He asked the other members if any of them had a problem with the current Ordinance.
A representative from CTV Channel 30 arrived to videotape the meeting.
Mr. Harvey said the real ongoing issue is they need exposure on a daily basis. They also need to make
sure their exposure is effective. He recently Went through the Master Sign Program to put up a new sign.
Cm. Lockhart complimented the new sign at Dublin Honda.
Mr. Harvey thanked her. He stated that the Sign Company told him he would need a sign 53-feet high,
but the people in Planning told him it couldn't be taller than 40-feet. He said that with the off-ramp fly-
over he has lost visibility from 1-680. The Honda sign on the back of his dealership is not visible from
the freeway anymore. The City shouldn't box in silly rules that apply to the whole world. He stated that
there is an appropriate time for promotional advertising with streamers and banners. All the dealership
should have good exposure and he does not have a problem applying for permits.
Cm. Lockhart asked if exposing his name was the most important to him.
Mr. Harvey stated that signage with good visibility is important. He stated that the people coming in
don't have any complaints about the balloons.
Cm. Lockhart said that a person won't walk in and say "I noticed that Godzilla on your building and I'm
here to buy a car." She stated that through advertising or word of mouth is what brings people in.
Mr. Harvey stated that he spoke with Mayor Houston yesterday and he sees the City of Dublin evolving
into a city that looks like Walnut Creek. There is a huge area of retail and office space in Walnut Creek
and things associated with that. The dealerships will still draw a tremendous amount of business in to
Dublin's community but the dealerships will have a smaller amount of exposure.
Cm. Lockhart stated that with the community growing it would bring more people to his business.
Mr. Harvey stated that those people would need to see his dealership. His dealership starts looking
smaller as the community gets bigger. There are hamburger stands coming in that have larger sites and
more signage than Dublin Honda. He stated that the person who made the decision of having the
maximum signage height 40-feet was not qualified to make that decision. Some places need bigger and
better signs. He stated that a dealership in Hayward put in a lighted sign and it made a tremendous
amount of difference.
Cm. Zika stated that Dublin Honda had approval for the same kind of sign.
Mr. Harvey stated that Caltrans turned it down.
Cm. Lockhart asked Mr. Peabody if he wanted to address any of the issue about the Sign Ordinance and
sign height.
Mr. Harvey asked about signage for buildings that are higher than 40-feet.
Mr. Peabody said there are cases where the signs are taller than 40 feet. The Good Guys has a building
that is 44-feet high with their sign at the top of their building. The Good Guys don't have a pole sign and
felt their sign attached to their building was more appropriate.
Mr. Harvey stated that if he had a building that tall he would do the same.
Mr. peabody said in terms of visibility it does the same thing and looks better than having a lot of pole
signs in one location.
Cm. Lockhart said as the community grows and changes around a business, maybe they should consider
moving to a bigger location. The total responsibility cannot rest with the City to make the business
work.
Mr. Harvey said he has been taken off of I-680 and the off ramp blocks his visibility. He needs bigger
Signs that light up or a Godzilla balloon. He feels that it is not appropriate to have Godzilla on the
building all year long but the ability to advertise their dealerships should not be limited.
Cm. Lockhart asked how long the Honda balloon has been up.
Mr. Harvey stated his balloon has been up since the off-ramp construction started.
Cm. Zika stated they are up for suggestions but all he is hearing is to enforce the current Ordinance. He
asked for any other suggestions.
Mr. Harvey asked if the City is looking at changing the current Ordinance. He asked what is on the -
table.
Cm. Lockhart responded that the Ordinance as it is written, and as it's enforced, is on the table. Axe
there businesses that are not complying as it's written and is it an issue with enforcement. The City has
not enforced the Ordinance with the dealerships.
Mr. Jones said he was on the sign task force, and one thing that was established was car dealers have
different needs. The success of the dealers in Dublin is related to the promotional abilities. There are
Honda dealerships that aren't doing 1/3 of the business as Dublin Honda. When Crown Chevrolet put up
a tent for a sales promotion, the sales employees get energized and sell 3 times as many cars. When an
enthusiastic sales person greets a potential customer, they will want to do business with that person.
Cm. Lockhart said there are a variety of methods being used other than balloons.
Mr. Harvey said the balloons on the antennas are a time consuming project. They put them up when they
are having a promotion, not because they enjoy doing it and have nothing better to do.
Cm. Lockhart stated that the compromise could be the length the City allows the balloons and banners to
stay up.
Mr. Harvey said having good exterior signage is vital. He stated that he doesn't have a problem with the
up and down procedure for the large balloons. The other businesses in Dublin should also follow the
same guidelines.
Cm. Lockhart agreed with Mr. Harvey and said that the dealerships are not the only businesses being
reviewed.
Cm. Zika said the dealerships are part of the problem, the 500 guitar sign is part of problem, and part of
the problem is not getting permits. The dealerships are a significant contributor to the community and
the City wanted their input on any changes to the Sign Ordinance.
Mr. Harvey stated that he appreciates that the City contacted the dealerships for input. He feels that the
businesses should be looked at from a case-by-case basis to establish an Ordinance for the general things
that occur and enforce it.
Mr. Fiedler said the enforcement is about 80%. On 9/9/99 he had to go to a meeting in Oakland and on
his way back he went through East 14th and Castro Valley and took pictures of signs and banners. He
said that there were signs that identified the business by name and by product. He also saw many
windows painted over, but did not see any evidence that the balloons or banners made a huge difference
of customers going into those businesses. He showed overheads of the pictures he took and stated that in
some instances it is hard to tell where they came from.
Cm. Zika said the painted windows look worse.
Mr. Fiedler stated that the City Council should take the leadership so Dublin invests in improvements to
the streets, sidewalks, medians and intersections so there is a customer friendly downtown. If this does
not happen he predicts that customers will go to better-looking shopping centers.
Cm. Lockhart the City is currently working on improving the downtown area. She stated that her
recommendation would be to go into the Sign Ordinance at a slower pace and not make a lot of drastic
changes fight a way.
Mr. Strickland made a recommendation that the Sign Ordinance should be looked at every 9-12 months
and the dealerships should comply with the Ordinance.
Mr. Nohr stated that the City owns the property on his comer. The City could put up a reader board that
could help out the dealerships.
Cm. Lockhart stated that signage was discussed and will go back as a recommendation.
Mr. Nohr stated that many of the dealerships want to come to Dublin because the Sign Ordinance allows
some flexibility.
Cm. Lockhart said they are planning a balanced community which requires looking at more than just the
dealership's businesses. The City isn't looking at making any major changes overnight. She said that
the City wanted the ideas and feedback from the dealerships. She said that they have given good ideas
and things to take back to the Council. She stated that they have given her a stronger feeling for why
they have the balloons.
Mr. Harvey stated that the Council looks at the City through a microscope on a daily basis. He said that
a 1973 Honda could go by 12 lanes away and he will notice that car. It is hard to see the forest through
the trees when looking at it from that view.
Cm. Zika asked the dealers if they are willing to pay a little more fees to get a Temporary Use Permit.
The dealerships did not have a problem paying a little more fees.
Mr. Loux stated that the auto dealers are unique and aren't the same as some of the other businesses.
When a business builds a reputation, they don't need a big sign. When looking at the overheads, he
a~eed that some of it looks tacky and doesn't like window painting. Every business owner feels that
they have the best method of bringing in customers. They have a business to run and asked if the
dealerships could be looked at separately from other businesses.
Cm. Zika did not believe that could be done.
Mr. Loux stated that maybe when the balloons come down for a period of time it may satisfy the people
who are complaining.
Mr. Harvey stated that Buzz should go by each dealership to discuss any issues he may see.
Mr. Peabody stated that the banners that are up in the community have permits and if they don't have
permits, Buzz is out there enforcing the Ordinance. He said that a lot of the other businesses in the
community recognize that the City isn't enforcing the Ordinance with the dealerships. There are certain
signs the dealerships have that are prohibited by the present Sign Ordinance. He stated that streamers are
not allowed and if the Council suggests Staff to move ahead with enforcement, the streamers will have to
be removed.
Cm. Lockhart suggested to the dealers to look at the current Sign Ordinance. If the dealers made a
commitment to comply with the Ordinance she would recommend to the Council to start with the
Ordinance and enforce it as written. Let's see what a difference the community looks like if everyone is
working within the rules. If there isn't a lot of Staff time and money used to go out enforcing the rules
then Staff can spend more time enforcing other issues that irritate the community.
Mr. Peabody stated that there are other businesses with balloons; mattress balloons that fly in the air, cell
phone balloons, and all kinds of strange things that happen at other businesses.
Mr. Strickland asked if the Council could consider some form of credit if a balloon or banner is taken
down early.
Mr. Carrington stated that Staff have discussed using a log for the dealerships with a certain number of
days allowed for signage. The dealer can use their days as they see fit.
Mr. Strickland stated he liked that idea.
Cm. Zika stated that someone might save up all their time and that may not work.
Mr. Strickland asked if he could put down a deposit so he wouldn't have to write a check every time he
needed a permit.
Mr. Fiedler asked if the current Ordinance allowed balloons to fly 8 months out of 12.
Mr. Carrington stated the Ordinance states temporary promotional signage including balloons allows 30
days on and 15 days off.
Mr. Fiedler stated that a business could come in for a permit every 45 days it would be 8 months out of
the year. He said that 8 months out of the year doesn't sound like a special promotion.
Cm. Johnson stated that he called 2 manufacturers that make balloons and from a marketing standpoint
they said balloons are only effective for 2-3 weeks. It may be better to go 3 weeks up and 3 weeks down
which will cut the down time and it would satisfy the residents in the area.
Cm. Lockhart stated that if the dealerships are using temporary signage to get recognized then the
permanent signage should be looked at. The temporary signage should stay temporary for special events
and have a bigger sign so the dealership is noticed.
Mr. Carrington asked Mr. Harvey what type ofsignage would he like to compensate for the loss of a
balloon.
Mr. Harvey stated he is not looking for compensation for the loss of a balloon but for loss of freeway
exposure. He needs a sign that can be seen from north and southbound 680 that would be located on the
back of his dealership.
Cm. Zika asked him if he had a problem sharing the sign with Stoneridge Dodge or the company who
takes over the Ford dealership.
Mr. Harvey said if it is his sign he would. He feels he has a big sign coming to him after what took place
with the freeway off-ramp.
Cm. Johnson asked if the Honda signage would be visible after the freeway off-ramp is completed.
Mr. Harvey responded yes.
Mr. Carrin~on stated that the freeway would need to be completed before signage could be determined
for the Honda dealership.
Cm. Lockhart adjourned the meeting at 9:30 and thanked the committee representatives for their time.
She felt that everyone has a better understanding of where everyone is coming from. The City wants to
make it right for the dealerships and for the rest of Dublin. She said that Staff would take some of the
dealership's comments to the City Council and Eddie Peabody will notify the dealers with the date of the
meeting.
Mr. Peabody stated that Staff would go to the Council in approximately 3 weeks with the discussions that
took place at this meeting and the September 2nd meeting. Staff will get direction from Council on
amending the Ordinance and will start the public hearing process.
Cm. Lockhart stated that the minutes from both meetings would be included with the report going to the
Council.
Cm. Zika stated that if they have any questions, or come up with any other ideas, to give him a call and
he'd be glad to talk with them.
The meeting was adjourned at 9:30.
SUMMARY OF DEALERSHIP'S COMMENTS ON SIGNAGE & BALLOONS
September 2 and September 23, 1999 Committee Meetings
Dublin Honda - Mark Harvey
1. Would like bigger and better signage.
2. Would like a sign 53-feet high. The off.ramp fly-over has caused him to lose visibility from 1-680. The Honda sign on the back of
his dealership is not visible from the freeway and would like some signage there as well.
3. 40-foot sign height limit needs to be changed.
4. A reader board sign.
Shamrock Ford - Craig Caldwe~
1. Directional signs direstly on the property so the customer does not waste time looking for parts, service, sales, etc.
2. Promotional signs.
3. There was a discussion in the past that kiosks were going to be installed around the City that state Shamrock Ford this way, etc.
and it never went past the initial conversation.
Chrylser, Plymouth, Jeep- Eric Strickland
1. Would like to see the current Ordinance stay the same and be enforced.
2. For the Council to consider some form of credit if a balloon or banner is taken down eady.
3. Be allowed to put down a deposit towards temporary use permits so they wouldn't have to write a check every time he needed a
permit.
4. Review the Ordinance every 9-12 months.
Dublin Auto - Michael Loux
1. Allow balloons.
2. Would like to see current Ordinance stay the same and be enforced.
3. Allow promotional signage.
El Monte RV- Dave Bennett'
1. Better Signage.
2. Uses Godzilla Balloon as a landmark to get to his property.
Nohr's RV - Michael Nohr
1. For the City to put up a centralized reader board sign to help each dealership.
2. Allow some flexibility with Ordinance. '
Kassabian Motors - Brad Kassabian
1. Better signage.
Crown Chevrolet - Les Jones
1. Promotional signage and balloons.
2. He likes putting up tents for sales promotion; they sell 3 times as many cars.
g: planninoJsign commitl~e/d,aierships ~equesLs.doc
10/26/99
ATTACHMENT 3
RESOLUTION NO. 134- 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF Dublin
ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE,
BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE;
AND RESCINDING RESOLUTION 104-97.
WHEKEAS, on August 19, 1997, the City Council of the City of Dublin did adopt Resolution No. 104-97
c~-tablL~hing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations, and
WRF, KEAS, Resolution 104-97 ide~ed both Administrative Procedures and Enforcement P. olicies; and
WEIERE.~, the actual procedures for ~forchg a particular law are already covered in City Ordinances
and applicable sec~ons of the State Law, however, this resolution provides additional clarification of enforcement
provisions; and.
WHEREAS, the City Council is desirous of revising the Enforcemint Policy for Zoning, Building, Housing
and Property Main~=nance Ordinance Violations; and
~rffEKEAS, the City Council desires that certain enforcemm'c issues be enforced without a complaint and
.,?~.,that others be enforced on a complaint basis on/y; and
WI~REAS, it is necessary to rescind Resolution No. 104-97 for minor amendments regarding temporary
political signs and adopt a new resolution.
NOW ~REFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement POlicy
for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached her~to and
ide~'Et~ed as Attachment 1.
BE rr FUROR RESOLVED: the City Counc~ does hereby rescind Resolution No, 104-97.
BE IT FURTI~.R RESOLVED: the City Council does hereby direct Staffto provide one verbal warning
and one ~nlen warning (unless circumstances dictate more) on all enforcement issues reg~arding the Zoning
Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and f~s.
PASSED, APPROVED AND ADOPTED this 4th day of November, 1997.
· AYES:
NOES: None
,~SENT: Councilmember Barnes
A.BSTAIN: None
] 4-97/resoenfdoc
Councilmembers Burton, Htnvard, Lockhart and Mayor Houston
Attachment "1 '
ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BLRLDING CODE,
HOUSING CODE, AND PROPERTY MAIiNTENANCE ORDINANCE
TMs procedure is to be foRowed in investigating complaints about and enforcing poss~le v~olations of the
Zoning Ordinance, Building Code, Housing Code, and Prop ,erty Maintenance Ordinance.
THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS:
1. Home Occupations.
2. Sheds visible over fences and walls.
3. Sign Regulations with the exception of A_frame signs, and Banner Signs without a permit.
THE FOLLOWING SH_~LL BE ENFORCED WITHOUT A COMPLAINT:
1. Building work actually observed to be under construction without permits.
2. Violations observed on property where the inspector has a legitimate reason to be on the property,
such as a routine follow-up on a Variance or Conditional Use Permit, or when inspecting
construction under a permit.
3. Conditions brought to the attention of the City in any manner which involve public health and
safety.
4. A-flame signs.
5. Banner Si~m,.s without permits.
6. Outdoor display of merchandise.
7.: Off-street recreational vehicle parking.
8. Property Maintenance Ordinance.
9. Repair of automobiles or other vehicles which are not registered to the occupant of a residence.
10. Repair or dismantling of a vehicle in front of a residence.
11 ~Tem
12. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site
Established Business. Such a sale would be by a non-Dublin business that is not an on-site
established Dublin business with all necessary licenses and penrats.
SIMILAR VIOLATIONS IN THE IMMEDIATE AREA
FOR WHICH A COMPLAINT IS NOT RECEIVED.
In establishing this policy, the City Council recognizes that a person whose property is being investigated
may point out several similar violations in the immediate area. It may be inequitable to require abatement
of a violation when the same violation may exist in the immediate vicinity and is not investigated because a
complaint is not received. In such situations any violation in the immediate vicinity which is similar in
nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint
had been registered.
ANO]Nn//VIOUS COMPLAINTS.
All anonymous complaints will be investilmted. However, no action will be taken on anonymous
complaints where the City Manager, Community Development Director or Building Official determines
that the matter does not warrant further action. These cases would be closed following the investigation
and a determination. by the City Manager, Community Development Director or Building Official.
COMPLAINT L'N OR_MATION
Any person making a complaint shall give their name, address, and phone number. This is necessary so
that the complainant can be contacted and advised of the status of the investigation. It may also be
necessary to contact the complainant to secure additional information regarding the problem.
INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS
Section 6254 of the Government Code provides that records of investigations of complaints are not public
records. Therefore, investio_ations of complaints will be kept confidential. and information will not be
disclosed except as required by a court order.