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HomeMy WebLinkAboutItem 6.1 - 3112 Zoning Ordinance Amendment PLPA-2020-00001 (2) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: March 3, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) (PLPA- 2020-00001) Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The City has initiated amendments to the Zoning Ordinance to modify Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to establish regulations for Off-Site Advertising Signs. The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance Related to Off-Site Advertising Signs. DESCRIPTION: Signs on private property within the City of Dublin are regulated by the Dublin Municipal Code (DMC) Sign Regulations (Chapter 8.84). Off-Site Advertising Signs are any signs which advertise or inform the public about a business organization, event, goods, products, services, or uses, not available on the property upon which the sign is located. Off-Site Advertising Signs are currently prohibited (Section 8.84.150); Community Identification Signs, Off-Site Residential Development Directional Signs, Open-House Signs, and Special Easement Signs, and signs within shopping centers are not considered Off-Site Advertising Signs. Staff is proposing to amend the Sign Regulations (Chapter 8.84) to allow Off-Site Advertising Signs in the Scarlett Court Overlay District. ANALYSIS: The proposed project would amend the Sign Regulations (Chapter 8.84) of the Zoning Ordinance to establish regulations for Off-Site Advertising Signs. Please refer to Attachment 1 for a redlined version of the proposed amendments where underlined text Page 2 of 4 is proposed to be added and text with a strikethrough is proposed to be deleted. Please refer to Attachment 2 for the draft Ordinance. Staff proposes regulations that would balance economic development goals with aesthetic concerns. The proposed Zoning Ordinance Amendment would allow Off-Site Advertising Signs in the Light Industrial (M-1) zoning district within the Scarlett Court Overlay, would require a 500-foot buffer from the centerline of the Iron Horse Trail, and would require a 1,000-foot buffer between parcels with Off-Site Advertising Signs. Please refer to Figure 1 for the boundary of the Scarlett Court Overlay. The prop osed amendment would restrict the signs to a limited geographic area where there are a number of existing businesses that have limited public visibility and could benefit from increased advertising opportunities. Figure 1: Scarlett Court Overlay Federal law limits a local government’s ability to regulate sign content, otherwise known as sign copy, based upon the US Supreme Court’s decision in the Reed v. Town of Gilbert, Arizona case. The Reed ruling makes regulation of signs according to its message subject to review under the standards of strict scrutiny. Despite this ruling, case law still permits local governments to distinguish between on-site and off-site signs. The California Business and Professions Codes outlines regulations for Off-Site Advertising Signs and includes a provision where sign copy may be limited to “not display products, goods, or services related to tobacco, firearms, or explicit material” in a limited geographic area within Los Angeles. The regulations in the proposed Zoning Ordinance Amendment are modeled after Section 5272.2, subdivision (a)(3) of the California Business and Professions Code, relying on this precedent. Furthermore, local governments are granted police power to protect the public health, safety, and general welfare. The proposed regulations recognize the unavoidable visibility of prospective Off-Site Advertising Signs by youth in Dublin and surrounding Page 3 of 4 communities who are transported along I-580, Dublin Boulevard, and Dougherty Road. There are multiple studies that reflect the potential negative impacts of tobacco, firearms, and sexually explicit material on youth, such as the Population Assessment of Tobacco and Health (PATH) Study and the US Department of Justice’s Report on Reducing Youth Gun Violence. Based on case law, California Business and Professions Code precedent, and youth impact studies, the proposed regulations prohibit Off-Site Advertising Signs to display products, goods, or services related to tobacco, firearms, or sexually explicit material. Based upon consultation with the City Attorney’s Office, the City has limited ability to further restrict sign copy for Off-Site Advertising Signs. On January 31, 2020, Staff presented this recommendation to the Economic Development Committee. The Committee was in full support and unanimously recommended that Staff bring the item before the City Council for consideration. This recommendation falls under the Committee's purview to provide policy guidance and direction on economic development activities. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, & ZONING ORDINANCE: The proposed Zoning Ordinance Amendment is consistent with the Dublin General Plan and all applicable Specific Plans. General Plan Implementing Policy 2.7.6.B.3 “requires all redevelopment and improvements relating to site planning, architectural design, lighting, signage and landscaping to be consistent with the adopted Scarlett Court Design Guidelines.” The proposed amendments are consistent with the Scarlett Court Design Guidelines by designating freeway-oriented signs as appropriate signage (Guidelines 3.3.3 and 3.3.7), limiting the number of signs (Guideline 3.3.11), and supporting the economic health of the light industrial and auto -oriented businesses within the district (Guideline 2.2). PLANNING COMMISSION REVIEW: On February 11, 2020, the Planning Commission held a public hearing, reviewed the draft ordinance, and by a 3-2 vote, adopted a resolution recommending that the City Council deny the proposed Zoning Ordinance amendments (Attachment 3). The Planning Commission expressed concern regarding: 1) potential aesthetic impacts of “billboard signs,” and 2) concerns with inability to regulate sign copy which could result in promotion of businesses located outside of Dublin rather t han Dublin-based businesses and advertisement of products, goods, or services that do not adhere to community values. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. ENVIRONMENTAL REVIEW: The proposed Zoning Ordinance Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) Page 4 of 4 as there is no possibility that the proposed regulations would have a significant effect on the environment. ATTACHMENTS: 1. Proposed Zoning Ordinance Amendments in Underlined and Strikethrough Format 2. Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance Related to Off-Site Advertising Signs 3. Planning Commission Resolution Recommending Denial Dublin Municipal Code Chapter 8.84 SIGN REGULATIONS Page 1/2 CHAPTER 8.84 SIGN REGULATIONS Matrix A of Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: Sign Type A R-1, R-2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M- 2 Off-Site Advertising Sign X X X X X X X X MSP/SDR**** Notes for Matrix A: **** Permitted in M-1 zoning district within the Scarlett Court Overlay with approval of a MSP/SDR. Not permitted in the M-P and M-2 zoning districts, nor in the M-1 districts outside of the Scarlett Court Overlay. Matrix B of Section 8.84.040 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is proposed to be amended to add the following: Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Copy Restrictions* Additional Regulations* Off-Site Advertising Sign 1 per parcel Per MSP/SDR Per MSP/SDR Section 8.84.030 and 8.84.125 B-E Section 8.84.125 H Section 8.84.125 Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is proposed to be amended to add the following in alphabetical order and renumber the section and references to this section accordingly: Off-Site Advertising Signs. Off-Site Advertising Signs shall be permitted per Section 8.84.125. Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is proposed to be added as follows: 8.84.125 Off-Site Advertising Signs A. Number of Off-Site Advertising Signs. One (1) Off-Site Advertising Sign may be permitted per parcel. B. Location. Signs shall be located in the M-1 zoning district within the Scarlett Court Overlay. C. Interstate Freeway Proximity. Dublin Municipal Code Chapter 8.84 SIGN REGULATIONS Page 2/2 1. Signs shall be located no less than fifty (50) and no more than one-hundred (100) feet from the right-of-way of an Interstate Freeway and located on properties along Scarlett Court and Interstate 580. 2. Signs shall be visible from the right-of-way of an Interstate Freeway. 3. Signs shall satisfy applicable California Department of Transportation standards for freeway-oriented signs, as amended from time to time. D. Public Trail Proximity. Signs shall be located five-hundred (500) feet or more from the centerline of the Iron Horse Trail. E. Separation Between Signs. Signs shall be located on parcels one thousand (1,000) feet or more from another parcel with an Off-Site Advertising Sign. E. Public Safety. Signs shall not significantly impair public safety. F. Other Regulations. Signs shall satisfy the applicable requirements of the Outdoor Advertising Act (Business and Professions Code Section 5200, et. seq.), as amended from time to time. G. Copy Restrictions. Signs shall not display products, goods, or services related to tobacco, firearms, or sexually explicit material. Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: F. Off-Site Advertising Signs. Off-site advertising signs except for Community Identification Sign, Off-Site Residential Development Directional Sign, Open-House Sign, and Special Easement Sign, and Off-Site Advertising Signs in accordance with Section 8.84.125. ORDINANCE NO. XX-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE RELATED TO OFF-SITE ADVERTISING SIGNS PLPA-2020-00001 WHEREAS, the City-initiated amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance are proposed to establish regulations for off-site advertising signs that balance the City’s interest in protecting the health and safety of the public; and WHEREAS, the Planning Commission held a duly noticed public hearing on the said application on February 11, 2020, during which all interested persons were heard, and the Planning Commission adopted Resolution 20-02 recommending City Council denial of the proposed Zoning Ordinance Amendments based upon the following reasons: 1) potential aesthetic impacts of “billboard signs,” and 2) concerns with inability to regulate sign copy which could result in promotion of businesses located outside of Dublin rather than Dublin-based businesses and advertisement of products, goods, or services that do not adhere to community values; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on March 3, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1: Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans. General Plan Implementing Policy 2.7.6.B.3 “requires all redevelopment and improvements relating to site planning, architectural design, lighting, signage and landscaping to be consistent with the adopted Scarlett Court Design Guidelines.” The proposed amendments are consistent with the Scarlett Court Design Guidelines by designating freeway-oriented signs as appropriate signage (Guidelines 3.3.3 and 3.3.7), limiting the number of signs (Guideline 3.3.11), and supporting the economic health of the light industrial and auto-oriented businesses within the district (Guideline 2.2). SECTION 2: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA, the City Council hereby finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. SECTION 3: Matrix A of Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is amended as follows: Sign Type A R-1, R-2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M- 2 Off-Site Advertising Sign X X X X X X X X MSP/SDR**** Notes for Matrix A: **** Permitted in the M-1 zoning district within the Scarlett Court Overlay with approval of an MSP/SDR. Not permitted in M-P and M-2 zoning districts, nor in the M-1 districts outside of the Scarlett Court Overlay. SECTION 4: Matrix B of Section 8.84.040 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is amended to add the following: Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Copy Restrictions* Additional Regulations* Off-Site Advertising Sign 1 per parcel Per MSP/SDR Per MSP/SDR Section 8.84.030 and 8.84.125 B-E Section 8.84.125 H Section 8.84.125 SECTION 5: Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is amended to add the following in alphabetical order and renumber the section and references to this section accordingly: Off-Site Advertising Signs. Off-Site Advertising Signs shall be permitted per Section 8.84.125. SECTION 6: Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is added as follows: 8.84.125 Off-Site Advertising Signs Off-Site Advertising Signs are subject to the following regulations: A. Number of Off-Site Advertising Signs. One (1) Off-Site Advertising Sign may be permitted per parcel. B. Location. Signs shall be located in the M-1 zoning district within in the Scarlett Court Overlay. C. Interstate Freeway Proximity. 1. Signs shall be located no less than fifty (50) and no more than one-hundred (100) feet from the right-of-way of Interstate 580 and located on properties along Scarlett Court and Interstate 580. 2. Signs shall be visible from the right-of-way of Interstate 580. 3. Signs shall satisfy applicable California Department of Transportation standards for freeway-oriented signs, as amended from time to time. D. Public Trail Proximity. Signs shall be located five-hundred (500) feet or more from the centerline of the Iron Horse Trail. E. Separation Between Signs. Signs shall be located on parcels one thousand (1,000) feet or more from another parcel with an Off-Site Advertising Sign. F. Public Safety. Signs shall not significantly impair public safety. G. Other Regulations. Signs shall satisfy the applicable requirements of the Outdoor Advertising Act (Business and Professions Code Section 5200, et. seq.), as amended from time to time. H. Copy Restrictions. Signs shall not display products, goods, or services related to tobacco, firearms, or sexually explicit material. SECTION 7: Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is amended as follows: F. Off-Site Advertising Signs. Off-Site Advertising Signs except for Community Identification Sign, Off-Site Residential Development Directional Sign, Open-House Sign, Special Easement Sign, and Off-Site Advertising Signs in accordance with Section 8.84.125. SECTION 8: The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 9: Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this ___ day of _______ 2020, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk RESOLUTION NO. 20-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL DENY AN ORDINANCE AMENDMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE RELATED TO OFF-SITE ADVERTISING SIGNS PLPA-2020-00001 WHEREAS, the City-initiated amendments to Chapter 8.84 (Sign Regulations) of the Zoning Ordinance are proposed to establish regulations for off-site advertising signs that balance the City’s interest in protecting the health and safety of the public; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ord inance) will not have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments to the Zoning Ordinance on February 11, 2020; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated February 11, 2020, was submitted to the Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council deny an Ordinance based upon the following reasons: 1) potential aesthetic impacts of “billboard signs,” and 2) concerns with inability to regulate sign copy which could result in promotion of businesses located outside of Dublin rather than Dublin-based businesses and advertisement of products, goods, or services that do not adhere to community values. PASSED, APPROVED AND ADOPTED this 11th day of February 2020, by the following vote: AYES: Kothari, Mittan, Benson NOES: Thalblum, Grier ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ 2 of 2 Assistant Community Development Director