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HomeMy WebLinkAboutItem 8.1 Mayor's Request to Study Zoning Code Regarding Freeway Signs STAFF REPORT CITY CLERK File #400-30 CITY COUNCIL DATE:December 3, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Consider Mayor’s Request to Study the Need for an Amendment to the Zoning Code Regarding Freeway-facing Signs and Potentially Consider Adoption of an Urgency Ordinance Related to Freeway-facing Signs Prepared by John D. Bakker, City Attorney EXECUTIVE SUMMARY: At Mayor Sbranti’s request, the City Council will consider initiating a study regarding the need for an amendment to the Zoning Code regarding freeway-facing signs. In order to preserve the status quo during the pendency of the study, the City Council may also consider adopting an Urgency Ordinance prohibiting the issuance of use permits, building permits, or any other land use entitlement to any business intending to install new signs (a) that are on parcels that abut or are adjacent to either (i) the Caltrans right-of-way, (ii) Interstate 580, (iii) Interstate 680, or (iv) publicly owned property that abuts or is adjacent to any of the foregoing, and (b) that would be visible from a vehicle traveling on said freeway. FINANCIAL IMPACT: None at this time. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Deliberate; and 3) Direct staff to take one of the following actions: a) Initiate a study on the need for an amendment to the Zoning Code regarding regulation of signs viewable from the freewayand report back to the City Council with a recommendation, or if appropriate, an Ordinance for consideration. b) In addition to the above, adopt an Urgency Ordinance prohibiting the issuance of use permits, building permits, or any other land use entitlement to any business intending to install new signs (a) that are on parcels that abut or are adjacent to either (i) Caltrans right-of-way, (ii) Interstate 580, (iii) Interstate 680, or (iv) publicly owned property that abuts or is adjacent to any of the foregoing, and (b) that would be visible from a vehicle traveling on said freeway, for a period of 45 days. If the City Council supports the proposed Urgency Ordinance, the City Council would ths by a 4/5 vote waive the reading and adopt the Urgency Ordinance . c) Take no action. ITEM NO. 8.1 Page 1 of 3 Submitted By Reviewed By Director of Community Development Assistant City Manager DESCRIPTION: At the November 19, 2013 City Council meeting, Mayor Sbranti requested that Staff bring back some options regarding regulation of freeway-facing signs along Interstate 580 and Interstate 680. Mayor Sbranti expressed concern that the proliferation of signs visible from the freeway could cause damage to the aesthetic quality of the City. At present, the Dublin Municipal Code sets forth guidelines regarding the size and placement of many types of signs within the City limits, including wall-signs and freestanding (“pylon”) signs. In addition, the Municipal Code requires that new retail businesses, offices, and industrial complexes on more than four (4) acres with a gross floor area greater than 40,000 square feet, or buildings more than two (2) stories high, or located in a Planned Development Zoning District, be subject to a Master Sign Program and Site Development Review. The study would consider the aesthetic impact of new freeway-facing signs and whether an amendment to the Municipal Code is needed to better regulate size, placement, and aesthetics. It is estimated that the study would take six to eight (6-8) months and would include outreach to City businesses and the Dublin Chamber of Commerce, and require ongoing dialogue with the City Council. If the City Council directs Staff to initiate a study, Staff will come back to the City Council as necessary to seek additional guidance as to the City Council’s primary goals and concerns. While the study proceeds, the current Zoning Ordinance would allow signs to continue to be permitted and constructed. Staff has prepared an Urgency Ordinance for City Council consideration. If adopted, the Urgency Ordinance would help ensure that the status quo is maintained between now and the time that any potential modifications to the Dublin Municipal Code take effect. In particular, it would ensure that no business (including those located on property with an approved Master Sign Program) would install new signs on parcels that abut or are adjacent to either (i) Caltrans right-of-way, (ii) Interstate 580, (iii) Interstate 680, or (iv) publicly owned property, and that would be visible from a vehicle traveling on said freeway. The Urgency Ordinance is designed to avoid the issuance of permits that would be inconsistent with the City Council’s contemplated amendments to the Dublin Municipal Code. If the moratorium is adopted, Staff will return to the City Council to request an extension on December 17, 2013, or at the City Council's discretion at a Special Meeting taking place within 45 days of tonight's meeting. The Government Code provides that moratoria may be adopted only by a four-fifths vote of the City Council and that they are effective for only 45 days after their adoption unless the adopting agency conducts a noticed public hearing on the extension of the ordinance for an additional 10 months and 15 days. Moratoria may then be extended for an additional one-year period. If the City Council adopts the attached ordinance, Staff will take steps to ensure that a public hearing on an extension of the ordinance is held within 45 days of this meeting, if necessary, to ensure time for the contemplated amendments to the Dublin Municipal Code to take effect. Page 2 of 3 The adoption of moratoria is authorized by Government Code section 65858. Such moratoria may be adopted to prohibit uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal and where the agency determines that it is necessary to do so to protect the public health, safety and welfare. In this situation, the City Council would be adopting the ordinance in order to protect the public health, safety and welfare, all of which are impacted by the aesthetic quality of the City. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing is not required to direct staff to initiate a study, nor to adopt an urgency ordinance. ATTACHMENTS: 1.Urgency Ordinance Imposing a Moratorium on New Signs Page 3 of 3 ORDINANCE NO. XX-13 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************* ADOPTED AS AN URGENCY MEASURE, MAKING FINDINGS AND ESTABLISHING A CITY-WIDE MORATORIUM ON THE ISSUANCE OF PERMITS NECESSARY FOR NEW SIGNS VISIBLE FROM THE FREEWAY OR CALTRANS RIGHT-OF-WAY WHEREAS , the City of Dublin (“City”) has an overriding interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City’s interest in maintaining the quality of life and the character of the City. Without stable, well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to social, environmental, and economic values; and WHEREAS , the proliferation of signs advertising businesses within the City can adversely affect the City’s aesthetic character; and WHEREAS, signs designed to be viewable from freeways are of particular concern because the large volume of vehicle trips on freeways creates substantial demand for such signs and because such signage must be large in order to be viewed by motorists traveling at high rates of speed; and WHEREAS, the current Zoning Ordinance provides guidelines for the size and placement of signs within the City limits and requires that certain retail, office and industrial complexes be subject to Master Sign Programs and Site Development Review; and WHEREAS , the current Zoning Ordinance does not require Conditional Use Permits for installation of signs visible from the interstate highways; and WHEREAS , the City is in the process of studying the Zoning provisions and contemplating appropriate amendments to further regulate signs that are visible from interstate highways; and WHEREAS , the City Council finds that the approval of use permits and/or building permits allowing installation of new signs viewable from interstate highways, would pose a current and immediate threat to the public health, safety, and welfare, since such uses could potentially create long-term aesthetic damage to the City; and WHEREAS , the California Constitution, Article XI, section 7, provides cities with the authority to enact ordinances to protect the health, safety, welfare and morals of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS , it is necessary for the City to study the impact signage viewable from interstate highways may have on the public health, safety and welfare, and the need to potentially revise the City’s Zoning Ordinance; and WHEREAS , to protect the City’s investment in its planning efforts, ensure that the City’s long-term planning goals and strategies can be achieved in an effective and timely manner, and to 1 avoid a current and immediate threat to the public health, safety, and welfare, the City proposes adopting a moratorium on approval of use permits and/or building permits allowing installation of certain new signs; and WHEREAS , Government Code section 65858 allows the City to immediately protect and preserve the public peace, health, and welfare by prohibiting any uses that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body, planning commission or planning department is considering; and WHEREAS , adoption of this Ordinance does not require review under the California Environmental Quality Act (Pub. Resources, Code, §§ 21000, et seq., “CEQA”) based on the following: (1) This Ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because adoption of a temporary moratorium has no potential for resulting in either a direct or indirect physical change in the environment. (2) This Ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 65858 : Incorporation of Recitals. 1. The City Council finds that all Recitals are true and correct and are incorporated herein by reference. Moratorium Imposed. 2. In accordance with the authority granted the City of Dublin under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, from and after the date of this Ordinance, no use permit, building permits, or any other land use entitlement shall be approved or issued for any business intending to install new signs (a) that are on parcels that abut or are adjacent to either (i) Caltrans right-of-way, (ii) Interstate 580, (iii) Interstate 680, or (iv) publicly owned property that abuts or is adjacent to any of the foregoing and (b) that would be visible from a vehicle traveling on said freeway. Authority; Urgency Statement 3. . This Ordinance is an interim ordinance, adopted as an urgency measure pursuant to Government Code section 65858 and is for the immediate and long-term preservation of the public peace, health, and welfare. The following facts constitute an urgency measure: the City has recently begun the process of developing amendments to the zoning provisions contained in the Dublin Municipal Code to protect the aesthetic quality of the City by restricting the installation of certain signs viewable from freeways and requiring businesses to obtain Conditional Use Permits before sign installation. Accordingly, there is a current and immediate threat to the public health, safety, or welfare and the approval of or issuance of: use permits, building permits, or any other land use entitlement for businesses intending to install new signage would result in that threat to public health, safety, or welfare. In order to maintain comprehensive and sound land use planning, the City seeks to study possible amendments to the 2 zoning provisions of its Municipal Code, use permit requirements and other land use entitlement requirements for businesses that wish to install new signage. Allowing land use entitlements for such signage before the City has had an opportunity to update its regulations, could lead to conflicts amongst various land uses and conflicts with the City’s long-term planning goals. Installation of New Signs Declared Public Nuisance. 5. The installation of new signs as prohibited by Section 2 of this Ordinance, during the duration of this moratorium or any extension thereof, is declared to be a public nuisance. Violations of this Ordinance may be enforced by any applicable laws or ordinances, including but not limited to injunctions, or administrative or criminal penalties under the Dublin Municipal Code. Compliance with California Environmental Quality Act (CEQA). 6. This Ordinance is not a “project” within the meaning of section 15378 of the State CEQA Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. It temporarily prevents certain physical changes in the environment pending study and potential adoption of zoning amendments or policies regulating businesses that sell tobacco. Furthermore, this urgency ordinance is categorically exempt from CEQA under CEQA Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending consideration of amendments to City’s Zoning Ordinance. Severability. 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Effective Date. 8. This Ordinance shall become effective immediately upon adoption, if adopted by at least four-fifths vote of the City Council, and shall be in effect for forty-five (45) days from and after the date of adoption, unless extended by the City Council as provided for in Government Code section 65858. PASSED, APPROVED and ADOPTED as an Interim Ordinance of the City of Dublin at a rd regular meeting of the City Council held the 3 day of December 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor 3 _____________________________ City Clerk 2201509.1 4