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Home My WebLink About5.1 Extend Sign Ordinance 400 -3d AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 22, 1989 REPORT PREPARED BY: Laurence Tong, Planning Director SUBJECT: Amendment to Sign Ordinance Extending Amortization Period for Nonconforming Signs EXHIBITS ATTACHED: Exhibit A: Draft Ordinance amending Ord. No. 7-86 and extending amortization period for nonconforming signs Attachment 1: Letter from Roger Woodward, received May 17, 1989 Attachment 2: Excerpts from Sign Ordinance, Section 8-"87.71 Nonconforming Signs, and Section 8-87.73 Non-Compliance - Removal or Modification Procedures RECOMMENDATION: / 1. Open public hearing and hear Staff {A1_ presentation 2. Take testimony from Applicant and public. 3. Pose questions to Staff, Applicant and public. 4. Close public hearing and deliberate. 5. Consider whether to a) extend deadline 4 months and adopt Urgency "Interim" Ordinance, or b) determine that June 12, 1989 deadline is adequate. FINANCIAL STATEMENT: None DESCRIPTION: On May 17, 1989, Staff received a letter from Roger Woodward, Chairman of a Dublin Chamber of Commerce committee reviewing the Dublin Sign Ordinance. The letter 1) questions the legality of the 3-year amortization period of the Sign Ordinance and 2) requests a 4-month extension of the June 12, 1989 deadline for application of a time extension. The question of legality has been previously raised by the Sign User' s Council and others. The City Attorney's office has provided an opinion that the provisions of the Sign Ordinance requiring amortization of non-conforming signs are legal and in compliance with applicable State laws. The Sign Ordinance as it currently exists allows a sign owner to apply for an extension of time within which the nonconforming sign must be removed or modified to meet the Ordinance. Staff has been notifying sign owners of their options over the last year. The Ordinance provides that a sign owner may apply for the extension by June 12, 1989. All requests for extensions are subject to review by the Planning Director, as shown in Section 8-87.73 of the Ordinance. After making certain findings, the Planning Director may grant up to a 3-year extension to the time within which the sign must be removed or modified to meet the Ordinance. --------------------------------------------------------------------------- ITEM N0. <,10- COPIES TO: File/Sign Ordinance Roger Woodward Dublin Chamber of Commerce In February, 1989, Staff estimated there were about 155 nonconforming signs. To date, Staff is aware of fewer than 20 permits to bring the signs into compliance. Some signs may have been brought into compliance without needing or obtaining permits. Staff has received 5 applications for extension and will process them after the June 12, 1989 deadline. Staff and the City Attorney have drafted an Urgency "Interim" Ordinance for the City Council's consideration should the City Council wish to grant the 4 month extension to the June 12, 1989 deadline. The Urgency "Interim" Ordinance would provide that the Planning Director, based upon making certain findings, may grant up to a 3-year extension from the end of the amortization period (June 12, 1989) or from October 12, 1989, whichever date occurs last. As an Urgency "Interim" Ordinance it would require a 4/5th City Council vote of approval in order to be enacted. The Urgency "Interim" Ordinance would establish the procedure in which the Zoning Ordinance could be amended to allow the extension. The actual amendment would also require a study of the amendment with hearings before the Planning Commission and City Council. The "Interim" ordinance, if adopted, would only be in effect for 45 days. This is intended to provide sufficient time for the amendment to be reviewed by the Planning Commission and City Council. The draft "Interim" ordinance has provisions for an extension beyond 45 days if it is necessary. Should the City Council decide that the June 12, 1989 deadline is adequate, no further action would be needed. Staff recommends that the City Council 1) determine whether to extend the deadline by 4 months and adopt an Urgency "Interim" Ordinance or 2) determine that the June 12, 1989 deadline is adequate and no further action is needed. -2- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 7-86 EXTENDING THE AMORTIZATION PERIOD FOR NONCONFORMING SIGNS AND DECLARING THIS ORDINANCE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY FINDINGS The City Council of the City of Dublin does find that an extension of the amortization period for removal of on-site signs to October 12, 1989, will preserve the public peace by avoiding the time, expense, and business disruption attendant to enforcement of Ordinance No. 7-86. The City Council further finds that the Planning Department is studying, and intends to present to the Planning Commission an amendment to Ordinance No. 7-86, to extend the time within which non-conforming signs must be removed. The City Council of the City of Dublin does ordain as follows: Section 1:. AMENDMENT Ordinance No. 7-86, as amended by Ordinance No. 6-87 and Ordinance No. 18-88 .is hereby amended by substituting the following paragraph in place of Section 8-87.73 E) : E) If the Planning Director finds that, upon the. basis of the evidence presented, circumstances warrant it, he may grant an extension of time within which the sign must be removed, not exceeding a total of three (3) years from the date specified in Section 8-87.71, or from October 12, 1989, whichever date last occurs. Section 2: URGENCY INTERIM ORDINANCE This Ordinance is adopted pursuant to Government Code Section .65858 as an urgency measure to protect the public safety, health and welfare, and shall be of no further force and effect forty-five (45) days from date of adoption unless extended pursuant to Section 65858(a) . ` Section 3: EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect immediately. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 22nd day of May, 1989, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RLCEIYED MAY 17 1 930 May 16, 1989 CITY OF DUBLIN Mayor Paul Moffett 6500 Dublin Boulevard P.O. Box 2340 Dublin, CA 94568 Dear Paul: I have been made chairman of the Chamber of Commerce's Committee reviewing the City of Dublin Sign Ordinance. We had our first committee meeting on April 26, 1989 . We have committed to have a report to Chamber Board at its May 23rd meeting. At our preliminary meeting a serious concern was raised regarding the City' s current non-conforming sign provisions. The Committee feels that the City' s ordinance provides an inadequate amortization period in light of state law. One of the committee' s recommendations to the Chamber Board will propose an appropriate amortization period. However, the City Staff is currently "reminding" businesses in town that they must request an "extension" of time for replacement of their signs prior to June 12 , 1989 . The Committee requests that the City put a hold on its extension/enforcement plans. A four (4) month extension of the June 12 , 1989 deadline would provide sufficient time for the Chamber Board to review our Committee ' s recommendations and forward them to the City Council for action. Thank you for requesting our input. Please delay your actions regarding the sign ordinance until we have completed our study. Your very truly, Roger Woodward cc: on Johnson Ralph Hughes Rich Ambrose, City Manager Michael Nave, City Attorney Chamber Sign Committee l,�oodtc�t 3) That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. [Ord. No. 18-88, September 1988] C) The grant of a Variance shall specify the factual basis for each required finding. D) If the Zoning Administrator does not find that all of the conditions and standards set forth in Subsection B) of this Section exist, then he shall deny the application. E) The procedure for application, notice and hearing, for grant or denial, appeal and for administration of a Variance shall be as set forth in Sections 8-93.0 through 8-93.4 VARIANCE. Sec. 8-87.70 NON-CONFORMING AND ILLEGAL' SIGNS. Sec. 8-87.71 NONCONFOR*SING SIGNS. A) All Signs, Name Plates, and their supporting members that did not comply with all provisions of this Chapter as of May 10, 1969, shall be brought into compliance with the provisions of this Chapter within the time limits set forth in this Section: Change required to bring sign into compliance: Conformance Date: May 10, 1969, plus 1) Alteration of lighting or movement one year; 2) Size or height reduction three years; 3) Removal of an Advertising Sign where not permitted one year; Change required to bring si=n into compliance: Conformance Date: May 10, 1969, plus 4) Relocation on same Building Site t-ao years; S) Removal of a freestanding Business Sign three years; 6) Removal of sign painted on wall five years; provided, however, that any sign nonconforming in more than one respect shall be brought into compliance with the time limit of the greatest duration. B) All signs, Name Plates and their supporting members that were rendered nonconforming by Ordinance No. 74-1, effective February 8, 1974, and Ordinance No. 75-80, effective August 9, 1976, shall be brought into compliance with the provision of this Chapter on or prior to February 8, 1977. C) All signs an:their supporting members that were rendered nonconforming by enactmenis ordinance, including sins previously approved through a Va and/or Conditional Use Permit process, shall be brought into iance with the provisions of this Chapter on or prior to three..(3) -from.the. effective date of this ordir.ar.ce. All sig^s and their sung members that are rendered nonconforming by r.. � z 3 - m -mo amendments to this Chapter enacted subsequent to the effective date hereof shall be brought into compliance with the provisions of this Chapter within three years of the effective date of any such amendments. Sec. 8-87.72 SIGNS ACCESSORY TO NONCONFORMING BUSINESS. Signs and supporting members which are necessary to a business or industry existing as a nonconforming use in any A or R District are permitted subject to the sign regulations contained in Section C-N. Sec. 8-87.73 NON-COMPLIANCE - REMOVAL OR MODIFICATION PROCEDURE. The owner of a non-conforming sign which is in place at a permanent location which does not comply with this Chapter shall remove or modify the sign to meet this Chapter in accordance with the following procedures: A) The City shall give the owner at least three (3) months' notification by certified mail of the nature of the non-compliance. Following such notification; the owner of the sign shall remove the sign or shall modify it so that it complies with =this Chapter. B) Prior to the time a sign becomes non-conforming, the owner may apply for an extension of time within which the sign must be removed or modified. C) The application shall be made to the City on a form prescribed by it and shall include the name and address of the sign owner, the land owner, the type of sign, the' date erected, the cost of construction, revenue derived, a detailed statement of reasons for the request for an extension, and the length of time for which the extension is being requested. D) The Planning Director shall consider arguments for and against the grant of an extension and shall consider among other things: 1) the economic hardship upon the sign owner and land owner, taking into consideration the investment cost, the revenue derived, the estimated life of the sign; and 2) the interest and status of the sign o:.-ner or user on the property, and any immediate changes in the use of the property. E) If the Planning Director finds that, upon the basis of the evidencJ presented, circumstances warrant it, he may grant an extension of within which the sign must be removed, not exceeding a total of th (3) years from the date the sign became non-conforming. Sec. 8-87.74 ILLEGAL SIGNS SUBJECT TO SUMMARY REMOVAL. Signs and their supporting members which meet any of the following criteria shall be considered illegal signs and shall be subject to summary removal: A) Any signs and their supporting members erected without first complying with all ordinances and regulations in effect at the time of their construction, erection or use. -25-