Loading...
HomeMy WebLinkAbout6.2 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) (2)STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 6.2 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmember FROM:Linda Smith, City Manager SUBJECT:Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The City Council will consider a City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). The United States Supreme Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff is proposing amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content-based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. STAFF RECOMMENDATION: Open the Public Hearing, waive the reading and INTRODUCE the Ordinance amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. FINANCIAL IMPACT: None. DESCRIPTION: Background In Reed v. Town of Gilbert, the United States Supreme Court considered whether local regulations governing the content of signs in Gilbert, Arizona, violated the First Amendment. The Court found that the sign regulations were content-based restrictions on free speech and were unconstitutional. Content-based restrictions are when different types of speech, such as political or religious speech, are regulated differently from one another. The findings in this case had far reaching impacts on sign regulations throughout the country. As a result, local jurisdictions have had to reevaluate their sign regulations to avoid legal challenges. Considering the Court ruling, 110 Page 2 of 5 Staff evaluated the City’s existing Sign Regulations (DMC Chapter 8.84) and determined that amendments were necessary to replace content-based regulations. The proposed Zoning Ordinance Amendment includes revisions to Chapter 8.84 (Sign Regulations) to ensure compliance with the Supreme Court decision. The proposed amendments replace any content-based regulations with those that comply with the Court’s decision. The proposed amendments seek to retain the intent of existing regulations by replacing content-based regulations with non-content-based regulations and other non-substantive amendments to improve the format and organization for clarity and ease of use. The proposed amendments preserve Dublin’s high-quality-built environment and community appearance while balancing economic development and aesthetic interests of the community. Staff also proposes minor amendments to Chapter 8.104 (Site Development Review) to ensure internal consistency within the Zoning Ordinance. On March 9, 2021, the Planning Commission held a public hearing to consider the proposed Zoning Ordinance Amendment and unanimously adopted Resolution No. 21-02 recommending that the City Council adopt an Ordinance approving amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Dublin Zoning Ordinance. Planning Commission Resolution No. 21-02 is included as Attachment 3. Analysis The following is an overview of the proposed amendments to the Sign Regulations (Chapter 8.84) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. Please refer to Attachment 2 for a redlined version of proposed changes where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. Amendments to Chapter 8.84 (Sign Regulations): Content-Based Regulations. The proposed amendments update the definitions and associated standards to remove any content-based regulation not consistent with the Court’s decision. Most notably, the terms/definitions of sign types are proposed to be amended by renaming, eliminating, and combining sign types to eliminate unconstitutional content-based regulations. For example, Automobile/Vehicle Sales Flags and Seasonal Flags are reclassified as Flags. The following table summarizes the existing and proposed sign types when amendments are proposed: Existing Sign Type Proposed Sign Type A-Frame Sign, Portable Sign, Sandwich Board Sign A-Frame Sign Business Sign Awning Sign, Wall Sign, Projecting Sign, Freestanding Sign, etc. Coming Soon Sign Banner Sign Community Identification Sign Identification Sign 111 Page 3 of 5 Existing Sign Type Proposed Sign Type Directional Traffic Sign Identification Sign or Official Public Sign Electronic Readerboard Sign Reader Board Sign Flags- Automobile/Vehicle Sales Flag Flags - Seasonal Flag Going Out of Business Sign Banner Sign Grand Opening Sign Banner Sign Holiday Lights and Decorations Seasonal Lights and Decorations Memorial Tablet Official Public Sign Office Building Master Identification Sign Identification Sign Off-Site Residential Development Directional Sign Real Estate Residential Development Directional Sign Off-Site Temporary For Sale or Lease Sign Real Estate Directional Sign On-Site Temporary For Sale or Lease Sign Real Estate Sign Open-House Sign Real Estate Directional Sign Permanent Banners Banner Sign Private Recreational Signs Awning, Wall Sign, Projecting Sign, Freestanding Sign, etc. Temporary Political Sign Temporary Non-Commercial Sign Temporary Promotional Sign Banner Sign Besides sign type amendments, content-based standards and regulations throughout the Chapter are also proposed to be amended as summarized below. Define Undefined Terms. The proposed amendments add definitions for “Mural,” “Non- Commercial Sign,” “On-Site Sign,” “Off-Site Sign,” “Searchlight,” and “Sign” to provide clarification for the implementation of Chapter 8.84. A-Frame Signs. The proposed amendments include establishing development standards for A-Frame Signs, which were previously prohibited. Permitting A-Frame Signs will serve as an economic development tool to support local businesses while minimizing the potential impacts by decreasing the size and quantity of the signs, ensure they do not obstruct accessible paths, and require professional quality materials and design. Temporary Signs. The current regulations prescribe different time lengths that certain temporary signs can be installed based on the content of the sign. Banner Signs for temporary promotional events are permitted for a maximum of 21 calendar days with a 112 Page 4 of 5 waiting period of 42 consecutive calendar days between displays, while Going-Out-Of- Business and Grand Opening Signs are permitted for 60 consecutive days. The proposed amendments eliminate the content-based time restrictions and reclassify those three sign types as Banner Signs and apply the same time restriction for the display of these signs that is currently allowed for Temporary Promotional Banners (i.e., display for 21 calendar days with a waiting period of 42 consecutive calendar days between displays). Apartment Community Banners (proposed Multifamily Residence Sign) and Balloons retain their time restriction of up to 10 consecutive days and 21 calendar days respectively. Political Signs. The proposed amendments reclassify political signs as Temporary Non- Commercial Signs and eliminate content-based regulations. The existing regulations specify that the signs must be removed within 10 days following an election with no restriction on the total number of days that such a sign can be displayed. As that time period is tied to a content-based requirement, the proposed amendment would limit the display of Temporary Non-Commercial Signs to a maximum of 60 consecutive calendar days to balance free speech and aesthetic concerns. Seasonal Lights and Decorations. The proposed amendments reclassify Holiday Lights and Decorations as Seasonal Lights and Decorations. The existing regulations specify that the lights and decorations may be erected no sooner than 45 calendar days before the holiday and removed within 14 calendar days following the holiday. As that time period is tied to a content-based requirement, the proposed amendment would limit the display of Seasonal Lights and Decorations to a maximum of 60 consecutive days, a net increase of one day, to balance free speech and aesthetic concerns. Amendments to Chapter 8.104 (Site Development Review): Approval of a Master Sign Program. Clarifies that a Master Sign Program/Site Development Review Permit is subject to approval by the Community Development Director consistent with other signs which require approval of a Site Development Review Permit. Staff recommends that the City Council adopt the Ordinance included as Attachment 1. Consistency with General Plan, Specific Plans, and Zoning Ordinance The Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. The amendments also include minor revisions for internal consistency within the Zoning Ordinance. ENVIRONMENTAL DETERMINATION: 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. Projects seeking to implement the amended provisions of the Sign Ordinance would be subject to separate review 113 Page 5 of 5 under CEQA. Staff recommends the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. STRATEGIC PLAN INITIATIVE: None. 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. Staff also presented the proposed amendments to the Dublin Chamber of Commerce Board of Directors and the Economic Development Committee and provided an announcement in the Dublin Business Brief, the City’s business community e- newsletter. Additionally, the City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving Amendments to Zoning Ordinance Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) 2) Proposed Zoning Ordinance Amendments in Redline format 3) Planning Commission Resolution No. 21-02 (without exhibit) 114 Attachment 1 ORDINANCE NO. XX-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) OF THE ZONING ORDINANCE EFFECTIVE CITY-WIDE PLPA-2017-00018 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,the City of Dublin determined that amendments to the Zoning Ordinance relating to sign regulations are necessary to ensure, among other things, the City’s sign standards are consistent with the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); and WHEREAS, the proposed Zoning Ordinance Amendment includes modifications to Chapter 8.84 (Sign Regulations) to replace content-based regulations, and other non- substantive amendments to provide greater clarity, and companion amendments to Chapter 8.104 (Site Development Review) to ensure internal consistency within in the Zoning Ordinance; and WHEREAS,the Planning Commission held a duly noticed public hearing on March 9, 2021, during which all interested persons were heard, and adopted Resolution No. 21- 02 recommending City Council adoption of the proposed Zoning Ordinance Amendment; and WHEREAS,a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendment; and WHEREAS,the City Council held a public hearing on the proposed Zoning Ordinance Amendment on April 6, 2021, 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 ordain as follows: 115 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 31 Section 1.Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendment are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update the City’s Sign Ordinance.” 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. Projects seeking to implement the amended provisions of the Sign Ordinance would be subject to separate review under CEQA. Therefore, the City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. Section 3.Section 8.84.010 (Purpose and Intent) of Title 8 of the Dublin Municipal Code is amended as follows: The purpose of this Chapter is to provide standards to safeguard the health, safety,and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance of all signs and their supporting members. The objectives of this Chapter are to: A. Implement the purposes, policies and programs of the General Plan and Specific Plans. B. Provide effective and attractive identification for businesses services and uses. C. Provide a reasonable system of regulations for signs as a part of the City’s comprehensive Zoning Ordinance consistent with state and federal laws. D. Promote reasonable sign standards to limit the aesthetic impact of signs on properties within the City to prevent clutter and protect streetscapes thereby preserving property values and protecting traffic safety. E. Attract and direct the public to available activities, goods,and services. F. Enhance the economic value of the community through attractive and effective signage. G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. H. Comply with state and federal laws and constitutions, including such provisions requiring the display of specified signs or information. 116 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 31 Section 4. Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code is amended as follows: 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 8.08, Definitions, the definitions in this Chapter shall prevail for the purposes of this Chapter. A. A-Frame Sign (sign type). The term A-Frame Sign shall mean portable, moveable signs capable of standing without support or attachment. The term A-frame Sign includes sandwich board signs. B. Awning. The term Awning shall mean any structure composed of cloth, metal, or other materials that projects from the exterior wall of a building. C. Awning Sign (sign type).The term Awning Sign shall mean a sign affixed or incorporated into an awning. D. Balloons (sign type).The term Balloon shall mean any inflatable sign or balloon regardless of size that is designed to be used as a Commercial Message or a Non- Commercial Sign. E. Banner Sign (sign type).The term Banner Sign shall mean a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. F. Billboard Sign.The term Billboard Sign shall mean an Off-Site Advertising Sign. G. Building Frontage.The term Building Frontage shall mean the linear length of a building wall measured at the base of the building wall. H. Bulletin Board Sign (sign type).The term Bulletin Board Sign shall mean a sign used to display announcements pertaining to a Civic Use Type. I. Commercial Message.The term Commercial Message shall mean the content of an advertisement that includes but is not limited to any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event, or other commercial activity, including industrial activity. J. Flag (sign type). The term Flag shall mean any piece of cloth, or flexible material of any size, color, and design, hoisted on a pole permanently affixed to the ground or displayed via a pole bracket permanently affixed to a building. K. Freestanding Sign (sign type).The term Freestanding Sign shall mean a sign supported by one (1) or more uprights, braces, columns, poles, flat base or stand, or other 117 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 31 similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. L. Identification Sign (sign type).The term Identification Sign shall mean a sign, or device that designates the name, or the name and use, of a place or premise. M. Illegal Sign.The term Illegal Sign shall mean signs and their supporting members, which meet any of the criteria of Section 8.84.220. N. Illuminated Sign.The term Illuminated Sign shall mean an internally or externally illuminated sign, which uses a source of light in order to make the message readable. O. Master Sign Program.The term Master Sign Program shall mean a coordinated program of all signs, including exempt and temporary signs, if applicable, located on a developed site. P. Mural.The term Mural shall mean a painted image or design on a building, which may or may not include words. The term Mural does not include architectural elements that are incorporated into a building’s structure or façade. Q. Non-Conforming Sign.The term Non-Conforming Sign shall mean a sign lawfully in existence before the enactment of this Chapter, or of any relevant amendment hereto, but which is inconsistent with the provisions of this Chapter. R. Non-Commercial Sign.The term Non-Commercial Sign shall mean a sign that does not include Commercial Messages. The term Non-Commercial Sign includes a sign referencing incidental and temporary revenue-generating activities conducted by nonprofit organizations, clubs, groups, or associations. S. Official Public Sign (sign type).The term Official Public Sign shall mean any temporary or permanent sign erected by or on the order of a public official or entity or quasi-public entity at the federal, state, or local government level in the performance of any duty including, but not limited to, non-commercial signs identifying a government building, program, or service (including bus or other public transit services), traffic control signs, street name signs, street address signs, warning signs, safety signs, informational signs, traffic or directional signs, public notices of government events or actions, proposed changes of land use, any proposed rezoning, historic and memorial markers, or any other government sign. The term Official Public Sign includes any sign erected on government property pursuant to lease, license, concession, or similar agreements requiring or authorizing such sign. T. On-Site Sign.The term On-Site Sign shall mean any commercial sign that directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service, or other commercial or industrial activity that is lawfully conducted, sold, or offered upon the property where the sign is located. The On-Site/Off-Site distinction applies only to commercial message signs. The term On-Site Sign includes all signs that are not Off-Site Advertising Signs or Off-Site Signs pursuant to this Chapter. 118 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 31 U. Off-Site Advertising Sign (sign type).The term Off-Site Advertising Sign shall mean any sign containing a Commercial Message related or pertaining to a business organization, event, good, product, service, or use that is not lawfully available or does not lawfully occur on the property upon which the sign is located. The term Off-Site Advertising Sign shall not include any sign advertising or identifying a business within a shopping center under multiple ownerships regardless of whether the sign is located on the same property as the business being advertised. The term Off-Site Advertising Sign does not include a Special Easement Sign, Identification Sign, Real Estate Sign, Real Estate Directional Sign, and Real Estate Residential Development Directional Sign. V. Off-Site Sign.The term Off-Site Sign shall mean any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provide, or conducted at some location, premises, or shopping center other than that upon which the sign is posted or displayed. Off-Site Signs include all signs posted or displayed in the public right-of-way. The term Off-Site Sign does not include Off-Site Advertising Signs. W. Pedestrian/Shingle Sign (sign type).The term Pedestrian/Shingle Sign shall mean a suspended sign. X. Pennant (sign type).The term Pennant shall mean any piece of cloth or flexible material of any size, color, and design that is attached to a string or wire. Y. Permitting Body.The term Permitting Body shall mean the person or body with the authority to review and approve permits for signs. This may include the Director of Community Development, the Zoning Administrator, the Planning Commission,or the City Council. Z. Projecting Sign (sign type).The term Projecting Sign shall mean a sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached. A blade sign is a Projecting Sign. AA. Real Estate Residential Development Directional Sign (sign type).The term Real Estate Residential Development Directional Sign shall mean a uniformly designed sign, which advertises or informs the public about a residential development where 5 or more dwelling units are undergoing construction. BB. Real Estate Directional Sign (sign type).The term Real Estate Directional Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, rent is available for inspection or directing people to a property pursuant to Civil Code Section 713. A sign advertising an open house for a property listed for sale, lease, or rent is a Real Estate Directional Sign. CC. Real Estate Sign (sign type).The term Real Estate Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, or rent pursuant to Civil Code Section 713. 119 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 6 of 31 DD. Reader Board Sign (sign copy).The term Reader Board Sign shall mean a sign with copy that can be changed or altered by manual, electric, electromechanical, or electronic means and without changing or altering the sign frame, sign supports, or electrical parts. The term Reader Board Sign does not include a Bulletin Board Sign and Service Station Price Sign. EE. Roof Line.The term Roof Line shall mean the top edge of the roof or top of the parapet; whichever forms the top line of the building silhouette. FF. Searchlight (sign type).The term Searchlight shall mean a device, usually consisting of a light and reflector, for throwing a beam of light in any direction. GG. Service Station Display Structure (sign type).The term Service Station Display Structure shall mean an on-site identification sign that serves to identify the name and logo of the service station located on the site. HH. Service Station Price Sign (sign type).The term Service Station Price Sign shall mean a sign indicating gasoline prices and available services on the site. II. Sign.The term Sign shall mean any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. The term Sign shall not include the following: architectural elements incorporated into the structure or façade of a building; devices, displays, or structures that are visible only from the inside of a building. JJ. Special Easement Sign (sign type).The term Special Easement Sign shall mean: a sign used in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, a business; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two (2) parcels involved are interconnected by a non-revocable, non-exclusive recorded vehicular access easement. KK. Streamer (sign type).The term Streamer shall mean a long, narrow banner, flag, or pennant. LL. Temporary Non-Commercial Sign (sign type). The term Temporary Non- Commercial Sign shall mean a Non-Commercial Sign intended for short-term display. MM. Temporary Sign.The term Temporary Sign shall mean any sign intended for short-term display. NN. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage or portion of the building frontage occupied by a tenant. OO. Tenant Directory Sign (sign type).The term Tenant Directory Sign shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the 120 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 7 of 31 names and unit identifications of occupants engaged in professions or businesses on the premises. PP. Vehicular Sign (sign type).The term Vehicular Sign shall mean any sign permanently affixed to an operable, or inoperable vehicle currently registered as a motor vehicle. QQ. Wall Sign (sign type).The term Wall Sign shall mean a sign attached parallel to or flat against the exterior wall of a building or structure. RR. Window Sign (sign type).The term Window Sign shall mean a sign attached to, suspended behind, or placed or painted upon, the window or glass door of a building that is visible from the exterior of the building. Section 5. 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: Matrix A, Sign Approvals and Decisionmaker Authority by Zoning District, prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning Σ X ZC ZC ZC ZC ZC ZC Balloon X ZC***ZC ZC ZC ZC ZC ZC Banner X ZC***ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Flags – Commercial X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height Σ ZC*****ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Identification* * ZC/SD R ZC/SD R ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR SDR SDR SDR SDR SDR SDR SDR 121 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 8 of 31 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 X X X X X X X X MSP/SDR*** * Pedestrian / Shingle Σ X ZC ZC ZC ZC ZC ZC Projecting Σ X BP BP BP BP BP BP Reader Board, Electronic X X CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Reader Board, Manual X X ZC ZC ZC ZC ZC ZC Real Estate Residential Development Directional BP BP BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price X X ZC X ZC ZC ZC ZC Special Easement Σ X ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall Σ ZC*****BP BP BP BP BP BP Notes for Matrix A: Σ On-Site Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090 and subject to Building Permit BP Permitted and subject to Building Permit CUP Conditional Use Permit Approval required and subject to Building Permit SDR Site Development Review Permit by Community Development Director and subject to Building Permit PC Planning Commission is decisionmaker authority ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted *Matrix A does not reflect Exempt Signs in Section 8.84.140 122 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 9 of 31 **A sign of up to twenty-four (24) square feet on a side is allowed with a Zoning Clearance and a sign of up to thirty-six (36) square feet on a side is allowed with a Site Development Review Permit. ***Only Banners, not exceeding twelve (12) square feet, are allowed for Multi-Family Residences. All other temporary signs are not allowed in this zoning district. ****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. *****Not permitted except on property with a Civic Use Type with approval of a Zoning Clearance. Planned Development signage is permitted by Section 8.84.100. A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200. Section 6.Matrix B of Section 8.84.040 (Sign Development Regulations) of Title 8 of the Dublin Municipal Code is amended by eliminating the “Copy Restrictions” column and as follows: Matrix B, Sign Development Regulations, prescribes required development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, Signs Subject to Permits. Matrix B Sign Development Regulations** Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Awning Section 8.84 .050.A 1 per business or tenant frontage as permitted by Section 8.84. 110B.4. 2 ft. 6 in.1 sq. ft. per lineal ft. of tenant frontage to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. May project 36 inches. More than 36 inches with SDR. Max. sign length of 24 ft. Balloon Per Section 8.84.050.O.1 Per Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 123 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 10 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Section 8.84.050.O. 1 Banner Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Bulletin Board Section 8.84 .050.B 1 6 ft.24 sq. ft.10 ft. from front property line; Must meet all other yard requirements. Flags - Commercial Section 8.84.050.C See Section 8.84. 050. C See Section 8.84 .050.C See Section 8.84.0 50.C See Section 8.84.050.C See Section 8.84.050 .C Freestandin g 20' or less in height; Freestandin g greater than 20' in height. Section 8.84 .050.D and 8.84.120. 1 per parcel; 2 or more with Master Sign Program. 10 ft. at property line; May be increased 0.5 ft. for every 1 ft. the sign is set back from the nearest street frontage property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. 15 sq. ft. per side at property line; May increase 2.5 sq. feet per side for each 1 ft. sign is set back from nearest street frontage property line. Maximum of 150 sq. ft. In a planter of appropriate dimension; Not closer than 50 feet from right-of-way of Interstate Highway; Permitted within required yards; At one or more main entrances with Master Sign Program. Must have minimum clearance of 14 feet if overhanging vehicular way; Must not project into a public right-of-way. Identification Section 8.84 .050.E 1 per property frontage 6 ft.24 sq. ft. with Zoning Clearance; 36 sq. ft. with SDR. None.Means of support shall be concealed. Off-Site Advertising Sign Section 8.84.050.F and 8.84.125 1 per parcel. Per MSP/SDR. Per MSP/SDR. Section 8.84.030 an d 8.84.125.B through E Section 8.84.125 124 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 11 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Pedestrian/ Shingle Section 8.84 .050.G 1 per businesses per building elevation; maximum of 2 for corner suites N/A 5 sq. ft.Suspended from canopy over a sidewalk directly in front of the door of the business. 8 ft. vertical clearance; Perpendicular to business building wall. Projecting Section 8.84 .050.H and 8.84.110.C 1 per business. 2 ft. 6 in.; May be increased through SDR. 16 sq. ft.; May be increased through SDR. Middle one-third of front wall of building. Section 8.84.110 .C Readerboar d Section 8.84 .050.I Per Section 8.84. 110 if wall sign; 8.84.12 0 if freestanding sign. Per Section 8.84 .110 if wall sign; 8.84.1 20 if freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84.110 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84.110 if wall sign; 8.84.120 if freestanding sign. Real Estate Residential Developmen t Directional Section 8.84 .050.J Determined by Director of Community Development . Determined by Director of Community Developmen t. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Searchlights Section 8.84.050.K 4 N/A N/A N/A Maximum of 21 days per calendar year. Service Station Display Structure Section 8.84 .050.L 1 8 ft.16 sq. ft.None.May be combined with Service Station Price Signs; Placed in landscape planter Service Station Price Signs Section 8.84 .050.M 2 6 ft.16 sq. ft for 3 fuel products; 24 sq. ft for 4 fuel products. 1 per street frontage. May be combined with Service Station Display Structure. Special Easement Section 8.84 .050.N 1 4 ft.24 sq. ft.Within immediate vicinity of the business. In lieu of Freestanding Sign; Located on parcel w/o direct access or 125 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 12 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* frontage on improved ROW; must be connected by roadway/access easement. Temporary Section 8.84 .050.O Per Section 8.84. 050. SO Per Section 8.84 .050.O Per Section 8.84.0 50.O Per Section 8.84.050.O Per Section 8.84.050 .O Tenant Directory Section 8.84 .050.P 1 N/A 12 sq. ft.At entrance of building on an exterior wall. None. Wall Section 8.84 .110.Q and 8.84.110.B 1 per business or tenant frontage with maximum of three frontages. 2 ft. 6 in.1 sq. ft. per lineal ft. of Tenant Frontage up to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. May project 12 inches, 30 inches w/SDR. Max. sign length 24 ft. Notes for Matrix B: * Location Requirements and Additional Regulations are in addition to those identified in Sections 8.84.050, 8.84.110, and 8.84.120. ** Matrix B does not reflect Exempt Signs in Section 8.84.140. Section 7.Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is amended as follows: 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: A. Awning Signs.Awning Signs shall be permitted in the same locations as wall signs and shall be subject to the requirements of Section 8.84.110. 126 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 13 of 31 B. Bulletin Board.Bulletin Board Signs twenty-four (24) square feet maximum area per side are permitted ten (10) feet or further from the front property line. One Bulletin Board Sign is permitted on each property with a Civic Use Type. A Bulletin Board Sign may have a maximum height of six (6) feet. C. Flags – Commercial.Commercial Flags are subject to the following: 1. Commercial Flags shall be located on the site where the Automobile/Vehicle Sales use being advertised is conducted. 2. The location of Commercial Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Commercial Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Commercial Flags shall be limited to a maximum of twenty (20) square feet and may be single sided or double sided. 5. Commercial Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No flag shall project into a public right-of-way. 6. Commercial Flags shall be maintained in good condition at all times. Any flag that is faded, torn, or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with this subsection. D. Freestanding Signs.Freestanding Signs are permitted per Section 8.84.120. E. Identification Signs.One (1) Identification Sign is permitted per parcel in any district. Identification Signs with a maximum area of twenty-four (24) square feet per side may be approved subject to a Zoning Clearance. A maximum of thirty-six (36) square feet per side may be permitted with Site Development Review Permit. The height of Identification Signs shall not exceed six (6) feet. F. Off-Site Advertising Signs.Off-Site Advertising Signs shall be permitted per Section 8.84.125. G. Pedestrian/Shingle Signs.Pedestrian/Shingle Signs are permitted subject to the following provisions: 1. Suspended from a canopy over a sidewalk directly in front of the door of the business with a minimum of eight (8) foot vertical clearance. 2. Perpendicular to the business building wall. 127 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 14 of 31 3. Not more than five (5) square feet in area per side. 4. Limited to one (1) per business per building elevation and a maximum of two (2) for corner suites. H. Projecting Signs.Projecting Signs are permitted per Section 8.84.110.C. I. Reader Board Signs.Reader Board Signs may be permitted as either a Wall Sign or a Freestanding Sign. Wall-Mounted Reader Board Signs shall comply with Section 8.84.110, Regulations for Wall Signs and Projecting Signs. Freestanding Reader Board Signs shall comply with Section 8.84.120, Freestanding Sign General Regulations. J. Real Estate Residential Development Directional Signs.The purpose of this section is to establish and regulate a standardized program of real estate residential development directional signs in areas where many developments are being constructed at the same time. This will provide attractive and effective signage to help the public find the developments. Real Estate Residential Development Directional Signs, “Signs” for the purposes of this section, are subject to the Building Permit process. These signs are permitted subject to the following: 1. Residential developments of five (5) or more dwelling units. Signs shall be prepared for residential developments where five (5) or more dwelling units are concurrently undergoing construction or for sale, lease, or rent. 2. On private property with consent of owner, public property, or City right-of- way. All signs shall be placed on private property with the written consent of the property owner, public property, or on City right-of-way subject to a City encroachment permit. 3. Construction and maintenance by one sign company. Signs shall be constructed and maintained by one sign company and paid for by residential developers within the City. 4. Design. The design of the signs shall be uniform and shall be to the satisfaction of the Director of Community Development pursuant to Site Development Review Permit. A modification to the design shall be pursuant to Site Development Review Waiver. The City logo shall be placed on top of the signs. Any single-sided signs shall be painted the same color in the back as in the front side. The signs shall not be illuminated. The sign shall feature removable linear sign panels with directional arrows. A typical example of such a sign is as follows: 5. Real Estate Residential Development Directional Sign Plan. A Real Estate Residential Development Directional Sign Plan shall be prepared to the satisfaction of the Director of Community Development pursuant to Site Development Review Permit. A modification to the Plan shall be pursuant to Site Development Review Waiver. The Plan shall show the location of each sign, preferably at major intersections, prior to the installation of any signs. No sign shall be located anywhere 128 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 15 of 31 other than as shown on the Real Estate Residential Development Directional Sign Plan. 6. Maintenance. The sign company shall maintain the signs to the satisfaction of the Director of Community Development. If signs are not maintained to the satisfaction of the Director of Community Development, the City shall have the right to remove and confiscate the sign. 7. Each development shall be limited to one panel on an individual sign face. 8. Informing the public. Individual panels on signs shall be used only to inform the public of residential developments within the City of Dublin. 9. Sight distance. The signs shall not interfere with the sight distance of motorists, pedestrians, or bicycle riders. 10. Sidewalk circulation. The signs shall not impede pedestrian circulation of sidewalks. 11. Freeways. The signs shall not be located within 660 feet of I-580 or I-680. 12. Weeds. The site where signs are located shall be kept free of weeds to the satisfaction of the Director of Community Development to a distance of two (2) feet around each sign. 13. Devices. Devises shall not be attached to or placed next to signs. Such devices include but are not limited to: tag signs, streamers, balloons, banners, pennants, flags, lights or display boards. 14. Prohibited signs. No prohibited signs such as A-Frame Signs, Portable Signs, pennants, streamers, blinking or flashing lights, or movable signs (whether mechanical or hand-held) shall be permitted on or adjacent to Signs. 15. Removal of panel. When a given development is completely sold out or leased, the panel representing that development shall be removed from all signs. 16. Removal of sign. The signs shall be removed at the time the last dwelling unit of the developments is occupied. 17. Relocation/reduction in size. When a sign has only a few panels in use, it shall be moved closer to the developments being advertised and/or reduced in size. 18. Bond. The sign company shall post a bond satisfactory to the Director of Community Development to assure timely removal of the signs. K. Searchlights.Up to four (4) Searchlights, attached to function as a single unit, are permitted as a Temporary Sign pursuant to a Zoning Clearance. No permit(s) singularly 129 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 16 of 31 or cumulatively shall be issued that allows any Temporary Sign(s) that include Searchlights for more than twenty-one (21) days per calendar year. L. Service Station Display Structures.A Service Station Display Structure is permitted pursuant to a Zoning Clearance. Such structure shall have a maximum height of eight (8) feet and have a maximum area of sixteen (16) square feet per side and may incorporate Service Station Price Signs. The area of the Service Station Price Sign may be added to the area of a Service Station Display Structure. A Service Station Display Structure shall be placed in a landscape planter, which should be of sufficient width, length, and height to protect the base of the sign from damage due to vehicular traffic. M. Service Station Price Signs.Service Station Price Signs are permitted when accessory to an existing service station, provided: 1. One (1) sign is permitted along each street frontage to a maximum of two (2) signs. 2. Each price sign shall have a heavy type face or electric reader board style text and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service stations offering four (4) or more fuel products. 3. The maximum sign height shall not exceed six (6) feet. 4. A price sign may be attached to, combined with, and made part of a Service Station Sign Display Structure pursuant to Section 8.84.050.L. 5. All signage shall conform to the requirements of Business and Professions Code Section 13530 et. seq. N. Special Easement Signs.A Special Easement Sign may be used in-lieu of a Freestanding Sign. A Special Easement Sign shall be placed within the immediate vicinity of the parcel upon which the business or center is located. The premises advertised must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway, which is subject to a non-revocable, non-exclusive recorded access easement. A Special Easement Sign shall be permitted pursuant to a Zoning Clearance. Special Easement Signs shall not be more than four (4) feet high and six (6) feet long and shall have a maximum area of twenty-four (24) square feet per side. Special Easement Signs shall be subject to compliance with Section 8.84.120, Freestanding Signs General Regulations. O. Temporary Signs.Temporary Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary 130 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 17 of 31 Signs shall have a professional appearance and be constructed of durable, all-weather materials and shall be maintained in good condition throughout the display period. 1. Balloons.Any tethered or untethered balloon of greater than fifteen (15) inches in diameter shall be permitted pursuant to a Zoning Clearance. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any Temporary Banner that includes balloons for more than twenty-one (21) days per calendar year. 2. Banner Signs.Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit. A minimum waiting period of forty-two (42) consecutive calendar days between displays is required. A Banner Sign shall not be larger than 60 square feet in size and shall not be located so that it is higher than the eave of the structure in which the business is located. One (1) Banner Sign may be displayed on a tenant’s building frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the Banner Signs are at least two-hundred (200) feet apart. 3. Properties with Multifamily Residence.Up to one (1) Banner Sign is permitted pursuant to a Zoning Clearance and may be placed on-site with a multifamily residence for a maximum of ten (10) consecutive calendar days per permit. A minimum waiting period of twenty (20) consecutive calendar days between displays is required. In addition, the duration in which Banner Signs may be displayed is limited to a maximum duration of ninety (90) days per calendar year. A Banner Sign shall not be larger than twelve (12) square feet (see Chapter 8.08 for definition of multifamily residence). P. Tenant Directory Signs.A Tenant Directory Sign is permitted provided it is attached to the exterior wall at the entrances of a building and each sign shall not exceed a maximum area of twelve (12) square feet. Q. Wall Signs.Wall Signs are permitted per Section 8.84.110. Section 8. Section 8.84.060 (Design Criteria) of Title 8 of the Dublin Municipal Code is amended as follows: A. The design of all proposed signs shall be reviewed by the permitting body with consideration given to the following factors: 1. Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location). 2. Impact of other immediate signs in terms of visibility, legibility, and scale. 131 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 18 of 31 3. Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction. 4. Night-time use considerations including intensity of illumination (of a sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights), competition and interference of light sources and intrusion of light into residential areas. B. Each proposed sign shall be reviewed by the permitting body for conformity to the following criteria: 1. The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained. 2. To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design. 3. All light sources shall be adequately diffused or shielded. 4. The sign’s supporting structure shall be as small in density and as simple as is structurally safe. 5. Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically. 6. Plastic-faced signs with white internally illuminated backgrounds are not permitted except pursuant to a Zoning Clearance. 7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review Permit. 8. The sign shall not obstruct pedestrian circulation. Section 9. Section 8.84.070 (Illumination) of Title 8 of the Dublin Municipal Code is amended as follows: External illumination may be allowed on all signs upon the approval of the Community Development Director, unless otherwise set forth in this Chapter. External illumination used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways, or adjoining properties. 132 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 19 of 31 Section 10. Section 8.84.080 (Landscaping) of Title 8 of the Dublin Municipal Code is amended as follows: Landscaping used in commercial areas where a sign is proposed will be of species which have growth habits which facilitate visibility of sign to the greatest degree possible while still providing necessary shade and screening and meeting all other requirements of this Chapter. Section 11. Section 8.84.090 (A – Agricultural District – Signs Permitted) of Title 8 of the Dublin Municipal Code is amended as follows: When located in an A District, and subordinate to a lawful use, On-Site Signs not exceeding an aggregate area of ten (10) square feet per side are permitted as shown in Matrix A (Section 8.84.030). Section 12. Section 8.84.110 (Regulations for Wall Signs and Projecting Signs) of Title 8 of the Dublin Municipal Code is renamed and amended as follows: 8.84.110 Regulations for Wall Signs, Awning Signs, and Projecting Signs Wal Signs, Awning Signs, and Projecting Signs are permitted subject to the following regulations: A. General 1. Zoning Districts.These regulations shall apply in the C-N, C-O, C-1, C-2, M- P, M-1, M-2, and comparable PD Zoning Districts. 2. Computation of Sign Area.The area of Wall and Projecting Signs shall be computed as the entire area within a single, continuous perimeter creating a polygon of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the above enclosing the extreme limits of the sign together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, provided that in the case of a sign with more than one (1) exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape, or unusual architectural features shall be considered sign area and is subject to all pertinent regulations. Those portions of the supports, uprights, base of a sign, or area used for street address, that do not function as a sign shall not be considered as part of the sign area. 3. Extension of Sign Above Ridge Roof-Line.No part of any Wall Sign or Projecting Sign shall extend above the roof-line of the building elevation on which the sign is displayed. 133 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 20 of 31 4. Maximum Sign Height.The height of Wall and Projecting Signs shall not exceed two (2) feet, six (6) inches. This standard may be increased with Site Development Review Permit. Exceptions: A single wall sign may be up to four (4) feet high if it is no more than four (4) feet wide and otherwise conforms to the requirements of the Sign Regulations. A Wall or Projecting Sign shall not exceed three (3) feet high if it is on the face of a building at least eighteen (18) feet high. 5. Maximum Sign Length.No Wall Sign shall exceed a length of twenty-four (24) feet. This standard may be increased pursuant to Site Development Review Permit. 6. Supporting Members of Signs Minimized.Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building, and any required bracing shall be minimized. 7. Number of Building Frontages.Each business or tenant space may be permitted a maximum of three (3) building frontages with maximum of one (1) wall sign per frontage. 8. Frontage Allocation Not Transferable.In no case shall a sign or sign area permitted on one (1) frontage be transferred to another frontage. 9. Use of All Legal Existing Sign Cabinets on a Tenant Frontage.All legal existing sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites behind the Tenant Frontage. B. Wall Signs and Awning Signs 1. Area of Wall Signs.The area of Wall Signs for each business or tenant space shall not exceed one (1) square foot of sign area for each lineal foot of Tenant Frontage occupied by such business up to a maximum sign size of one hundred fifty (150) square feet. Pursuant to Site Development Review Permit, this standard may be increased by one and one-half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. Additional sign area may be exceeded through approval of a Master Sign Program pursuant to Section 8.84.130. 2. Wall Signs on Buildings Distant from Street.A tenant space of a building which is set back at least one hundred (100) feet from any street may increase the Wall Sign area by twenty-five (25) percent. 3. Wall Signs and Awning Signs Projecting from Face Of Wall.Wall signs shall project not more than twelve (12) inches from a wall except that Wall Signs projecting from twelve (12) inches to thirty (30) inches from the wall to which they are attached are permitted with Site Development Review Permit. Awning Signs shall not project more than thirty-six (36) inches from a wall except that Awning Signs 134 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 21 of 31 projecting more than thirty-six (36) inches from the wall to which they are attached are permitted with Site Development Review Permit. C. Projecting Signs 1. Clearance of Projecting Signs.Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No such sign shall project into a public right-of-way. 2. Location of Projecting Signs.Projecting Signs shall only be located on the middle one-third of the front wall of a building. This requirement may be modified pursuant to Site Development Review Permit. 3. Number of Projecting Signs.Only one (1) Projecting Sign shall be permitted for each business located on the site. 4. Projecting Sign Areas.A Projecting Sign shall have a maximum size of sixteen (16) square feet per side unless increased pursuant to a Site Development Review Permit. 5. Projecting Sign Projection Limit.Projecting Signs shall not extend from the front wall to which they are attached more than eight (8) feet unless modified pursuant to Site Development Review Permit. Section 13.Section 8.84.120 (Regulations for Freestanding Signs) of Title 8 of the Dublin Municipal Code is amended as follows: Freestanding Signs are permitted subject to the following regulations: A. Zoning Districts.Freestanding Signs are permitted in the R-1, R-2, and R-M Zoning Districts when there is a Civic Use Type, as well as the C-N, C-O, C-1, C-2, DDZD, M-P, M-1, and M-2 zoning districts. B. Landscape Planter.Freestanding Signs shall be located in a planter of appropriate dimension. The design of the landscape planter should be of sufficient width, length, and height to protect the base of the sign from damage due to vehicular traffic. C. Interstate Freeway Proximity. The Freestanding Sign shall not be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway. D. Main Entrance Proximity.Freestanding Signs shall be permitted at one (1) or more of the main entrances pursuant to a Master Sign Program. E. Location.Freestanding Signs shall be permitted within required front, side or rear yard setback areas. 135 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 22 of 31 F. Copy Restrictions.Freestanding Signs shall indicate the building address or address range of the building and/or complex it serves. G. Clearance of Freestanding Signs.Freestanding Signs shall have a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang extending over a driveway, alley, or other vehicular access. H. Not project into a public right-of-way. I. Height.Freestanding Signs shall have a maximum height of ten (10) feet at the property line. The height may be increased half (0.5) foot for every foot the sign is set back from the nearest street frontage property line up to a maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up to thirty-five (35) feet pursuant to Site Development Review Permit. Heights above thirty-five (35) feet may be permitted pursuant to a Master Sign Program. J. Area of Freestanding Signs.Freestanding Signs shall have a maximum area of fifteen (15) square feet per side at the property line. The area may be increased two and one half (2.5) square feet per side for each foot the sign is set back from the nearest street frontage property line. The maximum size for a Freestanding Sign is one hundred and fifty (150) square feet per side. A Freestanding Sign may have an area greater than one hundred and fifty (150) square feet pursuant to a Master Sign Program. K. Number of Freestanding Signs.Freestanding Signs shall be limited to one (1) Freestanding Sign per parcel unless more than one (1) Freestanding Sign were allowed pursuant to a Master Sign Program. Section 14. Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is amended as follows: 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 the Scarlett Court Overlay. C. Interstate Freeway Proximity. 1. Signs shall be located between fifty (50) and 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. 136 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 23 of 31 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 15.Section 8.84.130 (Master Sign Program/Site Development Review Permit) of Title 8 of the Dublin Municipal Code is amended as follows: A. Signs for a new retail, office, or industrial complex on four (4) or more acres having a gross 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 Permit pursuant to Chapter 8.104 Site Development Review. B. 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 Permit. C. A Master Sign Program/Site Development Review Permit shall be granted based on the following findings based on evidence in the record: 1. That the program’s contribution to effective and attractive identification of businesses, services, and uses and the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of this Chapter; and 2. That all of the proposed signs of the retail, office, or industrial complex, shopping center, automobile dealership or building are compatible with the style or character of existing improvements on the site and are well related to each other; and 3. That all of the proposed signage shall generally conform with the Design Criteria in Section 8.84.060. 137 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 24 of 31 D. The Master Sign Program shall include, but not be limited to, indications of the quantity, locations, dimensions, colors, design, method of illumination, and sign types of all signs to be installed. Section 16.Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs are exempt from obtaining a permit but shall comply with all other regulations of this Chapter: A. A-Frame Signs.A-Frame Signs shall be subject to the following: 1. Quantity.One (1) per business. 2. Size.A maximum of six (6) square feet per side with a maximum of two sides. 3. Height.A maximum height of four (4) feet. 4. Materials.Professional quality materials are required; plywood is prohibited. 5. Location.A-Frame Signs shall be located within five (5) feet of the pedestrian entrance to the applicable tenant space. A-Frame Signs shall be placed on hardscape and shall not block accessible paths of travel or inhibit sight distance for ingress or egress. 6. Stabilization.All A-Frame Signs shall be freestanding and able to withstand wind gusts or must be removed during inclement weather. A-Frame Signs shall not be attached to structures, trees, benches, or any other landscape features. 7. Sign Copy.A-Frame Signs shall not include Commercial Messages except as related to commercial or industrial activities on the property on which the A-Frame Sign is located. 8. Daily Removal.A-Frame Signs shall be removed at the close of business each day. B. Direction/Warning Signs.Signs displayed for the direction, warning, or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, and all Direction/Warning Signs designed as pavement markings regardless of size. C. Flags.Flags that do not contain Commercial Messages. D. House Numbers and Name Plates.House numbers, name plate or identification of house members (provided sign does not exceed two (2) square feet maximum area), mailbox identification, street names, “no-trespass” signs, and other warning signs. E. Lottery Signs.Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers. 138 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 25 of 31 F. Murals.Murals that do not contain Commercial Messages. G. Official Public Signs.All Official Public Signs erected by or on the order of a public official or agency. H. Real Estate Signs.Real-Estate Signs are permitted subject to the following provisions provided they shall: 1. Not exceed a maximum area of sixteen (16) square feet per side; 2. Be limited to one (1) such sign placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel; 3. Have a maximum height of eight (8) feet; 4. Be constructed of wood, plywood, metal, or other rigid material; and 5. Not be placed on a private or public right-of-way. I. Real Estate Directional Signs.Real Estate Directional Signs are permitted subject to the following special provisions provided they shall: 1. Be limited to a maximum of four (4) open house signs for each property being advertised for sale. 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk width to less than thirty-two (32) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. 3. Not be adhered or attached to any public signpost, traffic signal, or utility pole. 4. Not be placed within a five (5) foot radius of a call box, fire hydrant, or mailbox. 5. Include placement of no more than eight (8) open house signs at any intersection and no more than one (1) sign per property being advertised may be placed at an intersection. 6. Not have additional tags, riders, streamers, balloons, or other attachments. 7. Not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Be permitted on holidays, Saturdays, Sundays,and one agent tour day each week from 10:00 a.m. through sunset. 139 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 26 of 31 9. Be subject to the City’s authority to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open house signs. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. 10. Secure proper authorization by the affected private property owner prior to placement of signs on private property. J. Seasonal Lights and Decorations.Seasonal lights (if lighted) and seasonal decorations may be displayed for up to sixty (60) consecutive calendar days. Seasonal balloons used in conjunction with a seasonal event, are exempt from obtaining a permit when located in a Residential Zoning District. K. Temporary Non-Commercial Signs.Temporary Non-Commercial Signs provided they shall: 1. Be displayed for no more than sixty (60) consecutive calendar days. 2. Be placed on private property. 3. Be no more than sixteen (16) square feet per side in area per individual sign and up to eighty (80) square feet of maximum aggregate area per lot. 4. Not be placed within the public right-of-way or within 660 feet of and visible from the right-of-way of Interstate 580 or Interstate 680. L. Vehicular Signs.A vehicle with Vehicular Signs less than nine (9) square feet per panel or side of vehicle parked on the property on which the business is located, and as close as practical to the business it serves for less than twenty-four (24) hours continuously or eighty-four (84) hours in a seven (7) day period. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. M. Window Signs.Window Signs shall not exceed twenty-five (25) percent of the contiguous window area from which they are viewed. Section 17. Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs, or signs which contain the following elements, are prohibited: A. Balloons.Any singular or clustered balloon(s) up to 15 inches in diameter and attached to any structure, vehicle, pole, or sign which is located in any Commercial or Industrial Zone by designated Planned Development or standard Commercial or Industrial Zone, which is displayed higher than ten (10) feet above the ground. B. Blinking, Flashing Lights.Any sign having blinking, flashing, or fluttering lights, or any other illuminating device which has a changing light intensity, brightness, or color. 140 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 27 of 31 C. Obscene Signs.Any sign containing any obscene matter, as defined by federal court precedent. D. On Public Property.Any sign whether portable, temporary, or permanent in nature located within the public rights-of-way, or on public property except the following: 1. An Official Public Sign. 2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes. 3. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property. E. Pennants.Either directly or indirectly attached to any structure or pole. F. Privately-Owned Signs Resembling Traffic Signs.Any privately-owned sign resembling any public directional sign or traffic control device. G. Reflective Signs.Signs using colors that contain reflective properties. H. Rotating, Moving, and Human-Held Signs.Any sign with Commercial Messages that rotates, moves, contains moving parts, depicts animation in any manner, or any sign with Commercial Messages that is held by a human being in any manner. I. Signs Extending Above Roof Ridge.Any sign, which extends above the roof ridge line or parapet. J. Streamers.Streamers either directly or indirectly attached to any structure or pole. K. Signs that are a Traffic Hazard.Any sign, which creates a traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist’s vision of traffic signals. N. Signs with Visible Support Brackets.Any sign mounted on a sloping roof with visible support brackets. L. Sound or Odor Emitting Signs.Any sign designed for emitting sound, odor, or visible matter. M. Vehicular Signs.Any sign that exceeds nine (9) square feet per panel or side of vehicle on any car, van, truck or other vehicle that is either operable or non-operable, that is parked in any parking lot or adjacent right-of-way that is visible from a highway, collector or major street for a period that exceeds either twenty-four (24) hours continuously or eighty-four (84) hours in any seven (7) day period. 141 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 28 of 31 Section 18. Section 8.84.170 (Application - Contents) of Title 8 of the Dublin Municipal Code is amended as follows: Application for a permit shall be made in writing upon forms furnished by the Department of Community Development and shall include the property owner’s signature authorizing the application, and other information determined by the Community Development Director. Section 19.Section 8.84.190 (Application - Approval) of Title 8 of the Dublin Municipal Code is amended as follows: A. The Permitting Body shall approve a permit application only if he or she finds that: 1. The sign and/or proposed location are not prohibited under section 8.84.150, Prohibited Signs. 2. The sign is permitted under a specified section of this Chapter or under a Master Sign Program granted pursuant to Section 8.84.130 or an Exception granted pursuant to Section 8.84.200. 3. The sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area. 4. The sign will not materially reduce the visibility of existing conforming signs in the area. 5. The sign, as proposed or modified, conforms to the Design Criteria specified in Section 8.84.060, Design Criteria. B. Permit applications shown in Section 8.84.030 Matrix A shall be subject to the regulations, review, procedures, and appeal process set forth in the Zoning Ordinance. Section 20.Section 8.84.200 (Sign Exemptions) of Title 8 of the Dublin Municipal Code is amended as follows: All of the following findings shall be made in order to approve a Sign Exception and shall be based on evidence in the record: A. The proposed Sign Exception conforms as closely as practicable to the regulations pertaining to sign size, height, number and location; and B. The proposed Sign Exception is consistent with the intent of providing attractive and effective identification and other purposes of the sign regulations; and C. Either: 142 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 29 of 31 1. Strict adherence to the sign regulations does not allow attractive and effective identification of the site or practical functioning of the business because of the site’s location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or 2. The architectural style, materials,or construction elements of the building are such that a sign placed in conformance with this Chapter would conflict with other aesthetic considerations. D. The procedure for processing a Sign Exception shall be as set forth in Chapter 8.112, Variance. Section 21.Section 8.84.220 (Illegal Signs Subject to Summary Removal) of Title 8 of the Dublin Municipal Code is amended as follows: Signs and their supporting members, which meet any of the following criteria, shall be considered illegal signs and shall be subject to summary removal pursuant to this Chapter: 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. B. Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached has been abandoned by its owner, for a period of ninety (90) days or more. C. Any signs and their supporting members which have been more than fifty (50) percent destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D. Any signs and their supporting members whose owners, except for a change of copy, request permission to remodel and then remodel those sign displays, or expand or enlarge the buildings or land uses upon which the sign displays are located, and the sign displays are enlarged or otherwise made to be not in conformity with this Chapter by the construction, enlargement,or remodeling. Remodeled signs where the cost of construction, enlargement, or remodeling of the sign displays exceeds fifty (50)percent of the cost of reconstruction of the building. E. Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. F. Any signs and their supporting members which are temporary and not otherwise permitted by this Chapter. G. Any signs and their supporting members which are a danger to the public or are unsafe. 143 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 30 of 31 H. Any signs and their supporting members, which constitute a traffic,hazard not created by relocation of streets or highways or by acts by the City. I. Any signs and their supporting members that were legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the Ordinance rendering the display non-conforming has expired, and conformance has not been accomplished. Section 24.Section 8.84.300 (Substitution of Non-Commercial Speech for Commercial Speech) of Title 8 of the Dublin Municipal Code is added as follows: Notwithstanding anything contained in this Chapter to the contrary, any sign erected pursuant to the provisions of this Chapter may, at the option of the owner, contain a non- commercial message in lieu of a commercial message and the non-commercial copy may be substituted at any time in place of the commercial copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another non-commercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this Chapter have been satisfied. Section 23.Section 8.104.040.A.10 (Signage) of Chapter 8.104 (Site Development Review) of the Dublin Municipal Code is hereby amended to read as follows: 10. Signs.All Master Sign Programs and other signs which require Site Development Review Permit pursuant to Chapter 8.84, Sign Regulations Section 24.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 25. Effective Date.This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 26. Posting.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, APPROVED AND ADOPTED this __th day of _______ 2021, by the following vote: AYES: 144 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 31 of 31 NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 145 Attachment 2 SECTION 8.84.010 PURPOSE AND INTENT The purpose of this Chapter is to provide standards to safeguard the health, safety,and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance of all signs and their supporting members. The objectives of this Chapter are to: A. Implement the purposes, policies and programs of the General Plan and Specific Plans. B. Provide effective and attractive identification for businesses services and uses. C. Provide a reasonable system of regulations for signs as a part of the City’s comprehensive Zoning Ordinance consistent with state and federal laws. D. Promote reasonable sign standards to limit the aesthetic impact of signs on properties within the City to prevent avoid visual clutter and protect streetscapes thereby preserving property values and protecting traffic safety, which has negative impacts on surrounding businesses, services and uses. E. Attract and direct the public to available activities, goods,and services. F. Enhance the economic value of the community through attractive and effective signage. G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. H. Comply with state and federal laws and constitutions, including such provisions requiring the display of specified signs or information. SECTION 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 8.08, Definitions, the definitions in this Chapter shall prevail for the purposes of this Chapter. A. A-Frame Sign (sign type), Portable Sign, and Sandwich Board Sign. The terms A- Frame Sign, Portable Sign and Sandwich Board Sign shall mean portable, 146 moveable signs capable of standing without support or attachment. The term A-frame Sign includes sandwich board signs. B. Apartment Community. The term Apartment Community shall mean an apartment project which consists of a minimum of 8-apartment units located on the same lot, which are for rent only. B.C. Awning. The term Awning shall mean any structure composed of cloth, metal, canvas or other non-rigid materials, except for the supporting framework,that projects extends from the exterior wall of a building. CE. Awning Sign (sign type).The term Awning Sign shall mean a sign composed of flexible materials and affixed or incorporated into an awning. D. Balloons (sign type).The term bBalloons shall mean any inflatable sign or balloon regardless of size that is designed to be used as a Commercial Message or a Non- Commercial Sign an advertising device for any business or promotional event. E.F. Banner Sign (sign type).The term Banner Sign shall mean a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. F.G. Billboard Sign.The term Billboard Sign shall mean an Off-Site Advertising Sign. G.H. Building Frontage.The term Building Frontage shall mean the linear length of a building wall measured at the base of the building wall. H.I. Bulletin Board Sign (sign type).The term Bulletin Board Sign shall mean a sign used to display announcements pertaining to a Civic Use Type an on-site church, school, community center, park, hospital or institutional building. I. Commercial Message.The term Commercial Message shall mean the content of an advertisement that includes but is not limited to any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event, or other commercial activity, including industrial activity. J. Business Sign. The term Business Sign shall mean any structure, housing, sign, device, figure, painting, display, message placard, or other contrivance, or any part thereof, which has been designed to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: 1. To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the Business Sign is lawfully erected. 147 2. To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale upon the property where the Business Sign has been lawfully erected. K. Coming Soon Sign. The term Coming Soon Signs shall mean a sign placed on the site of work under construction stating that a business will be opening soon and denoting the opening date, architect, engineer, contractor, future business or lending agency. L. Community Identification Sign. The term Community Identification Sign shall mean a Business Sign incorporating information referring exclusively to service clubs and/or community slogans. M. Directional Tract Sign. The term Directional Tract Sign shall mean an off-site Temporary Sign containing only the name and location of a subdivision and/or a multiple family residential project and directions for reaching the project. O. Flags - Automobile/Vehicle Sales. The term Flags - Automobile/Vehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. J.P. Flag (sign type)s - Seasonal. The term Flags - Seasonal shall mean any piece sign constructed of cloth, canvas or flexible material of any size, color, and design, hoisted on a pole permanently affixed to the ground or displayed via a pole bracket permanently affixed to a building another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with the four seasons of the year. K.Q. Freestanding Sign (sign type).The term Freestanding Sign shall mean a Business Sign sign supported by one (1) or more uprights, braces, columns, poles, flat base or stand, or other similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. Freestanding Signs shall include but not be limited to Electronic Readerboard Signs, Identification Signs, Office Building Master Identification Signs, Service Station Display Structures, and Special Easement Signs. R. Grand-Opening Signs. The term Grand-Opening Signs shall mean banners, pennants, flags, balloons, searchlights and similar advertising devices when used only for bona-fide grand-opening functions. L.S. Identification Sign (sign type).The term Identification Sign shall mean a sign,or device, which serves exclusively to that designates the name, or the name and use, of a place or premisechurches, auditoriums public buildings, or multi-family residential uses, or the use of a lawful parking area, recreation area, or other open use permitted in the District. 148 M.T. Illegal Sign.The term Illegal Sign shall mean signs and their supporting members, which meet any of the criteria of Section 8.84.220. N.U. Illuminated Sign.The term Illuminated Sign shall mean an internally or externally illuminated Business Ssign, which uses a source of light in order to make the message readable. O.V. Master Sign Program.The term Master Sign Program shall mean a coordinated sign program of all signs, including exempt and temporary signs, if applicable, located on a developed site approved by the Zoning Administrator for a retail, office or industrial complex, an automobile dealership or a building more than two (2) stories high. P. Mural.The term Mural shall mean a painted image or design on a building, which may or may not include words. The term Mural does not include architectural elements that are incorporated into a building’s structure or façade. Q.W. Non-Conforming Sign.The term Non-Conforming Sign shall mean a sign lawfully in existence before the enactment of this Chapter, or of any relevant amendment hereto, but which is inconsistent with the provisions of this Chapter thereupon violates same. R. Non-Commercial Sign.The term Non-Commercial Sign shall mean a sign that does not include Commercial Messages. The term Non-Commercial Sign includes a sign referencing incidental and temporary revenue-generating activities conducted by nonprofit organizations, clubs, groups, or associations. X. Office Building Master Identification Sign. The term Office Building Master Identification Sign shall mean a Business Sign that serves to identify an office building or any institutional use, and whose copy shall include only the name of the office building or institutional use and the street address range of the complex. S.Y. Official Public Sign (sign type).The term Official Public Sign shall mean any temporary or permanent sign erected by or on the order of a public official or entity or quasi-public entity at the federal, state, or local government level in the performance of any duty including, but not limited to, non-commercial signs identifying a government building, program, or service (including bus or other signs of a public nature,which shall include public transit services), traffic control signs, street name signs, street address signs, warning signs, safety signs, informational signs, traffic or directional signs, public notices of government events or actions, proposed changes of land use, any proposed rezoning, historic and memorial markers, or any other government sign. The term Official Public Sign includes any sign erected on government property pursuant to lease, license, concession, or similar agreements requiring or authorizing such sign. utility information signs, public restroom or telephone signs, trespassing signs, legal notices erected by a public officer in the performance of a public duty and signs placed by a public agency for the purpose of guiding persons to emergency centers or places, buildings, or locations of regional or historical significance. 149 T. On-Site Sign.The term On-Site Sign shall mean any commercial sign that directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service, or other commercial or industrial activity that is lawfully conducted, sold, or offered upon the property where the sign is located. The On-Site/Off-Site distinction applies only to commercial message signs. The term On-Site Sign includes all signs that are not Off-Site Advertising Signs or Off-Site Signs pursuant to this Chapter. U.Z. Off-Site Advertising Sign (sign type).The term Off-Site Advertising Sign shall mean any sign containing a Commercial Message related or pertaining to, which advertises or informs about a business organization,or event, goods, products, services, or uses, that is not lawfully available or does not lawfully occur on the property upon which the sign is located. The term Off-Site Advertising Sign shall not include any sign advertising or identifying Signage for a business within a shopping center under multiple ownerships shall not be considered an Off-Site Advertising Sign even though it is not regardless of whether the sign is located on the same property as the business being advertised. The term Off-Site Advertising Sign does not include a Special Easement Signs, Community Identification Signs, Off-Site Residential Development Directional Signs or Off-Site Temporary For Sale Or Lease Real Estate Signs, Real Estate Directional Sign, and Real Estate Residential Development Directional Sign. V. Off-Site Sign.The term Off-Site Sign shall mean any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provide, or conducted at some location, premises, or shopping center other than that upon which the sign is posted or displayed. Off-Site Signs include all signs posted or displayed in the public right-of-way. The term Off-Site Sign does not include Off-Site Advertising Signs. BB. Off-Site Temporary For Sale or Lease Sign. The term Off-Site Temporary For Sale or Lease Sign shall mean any off-site sign used in-lieu of a Freestanding Sign, which advertises property for sale or lease. CC. On-Site Temporary For Sale or Lease Sign. The term On-Site Temporary For Sale or Lease Sign shall mean any on-site sign used in-lieu of a Freestanding Sign, which advertises property for sale or lease. DD. Open-House Sign. The term Open-House Sign shall mean a portable sign used in connection with the sale of individual residential real properties. W.EE. Pedestrian/Shingle Sign (sign type).The term Pedestrian/Shingle Sign shall mean a suspended sign used to identify and indicate pertinent facts concerning a business or professional services conducted on the premises. FF. Permanent Banners. The term Permanent Banner shall mean a banner constructed of a durable textile material and which may display only the name or logo of a shopping center or business. 150 X.GG. Pennant (sign type).The term Pennant shall mean any piece of cloth or flexible material of any size, color, and design that is attached to a string or wire tapering flag used for signaling or identification. Y.HH. Permitting Body.The term Permitting Body shall mean the person or body with the authority to review and approve permits for signs. This may include the Director of Community Development, the Zoning Administrator, the Planning Commission,or the City Council. Z.II. Projecting Sign (sign type).The term Projecting Sign shall mean a Business S sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached.A blade sign is a Projecting Sign. AA. Real Estate Off-Site Residential Development Directional Sign (sign type).The term Off-Site Real Estate Residential Development Directional Sign shall mean a uniformly designed sign, which advertises or informs the public about a residential development where 5 or more dwelling units are undergoing construction. BB. Real Estate Directional Sign (sign type).The term Real Estate Directional Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, rent is available for inspection or directing people to a property pursuant to Civil Code Section 713. A sign advertising an open house for a property listed for sale, lease, or rent is a Real Estate Directional Sign. CC. Real Estate Sign (sign type).The term Real Estate Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, or rent pursuant to Civil Code Section 713. DD.N. Electronic Readerboard Reader Board Sign (sign copy).The term Electronic Readerboard Reader Board Sign shall mean a Business Ssign on which the with copy is manually or electronically changed and is intended to primarily to promote items for sale or of the general interest to the Community that can be changed or altered by manual, electric, electromechanical, or electronic means and without changing or altering the sign frame, sign supports, or electrical parts. The terms includes a Business Bulletin Board, a Time/Temperature sign, or other changeable copy sign. The term Reader Board Sign does not include a Bulletin Board Sign and Service Station Price Sign. EE.JJ. Roof Line.The term Roof Line shall mean the top edge of the roof or top of the parapet; whichever forms the top line of the building silhouette. FF. Searchlight (sign type).The term Searchlight shall mean a device, usually consisting of a light and reflector, for throwing a beam of light in any direction. GG.KK. Service Station Display Structure (sign type).The term Service Station Display Structure shall mean an on-site identification Business Sign sign that serves to identify the name and logo of the service station located on the site. 151 HH.LL. Service Station Price Sign (sign type).The term Service Station Price Sign shall mean a Business Ssign indicating gasoline prices and available services on the site. II. Sign.The term Sign shall mean any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. The term Sign shall not include the following: architectural elements incorporated into the structure or façade of a building; devices, displays, or structures that are visible only from the inside of a building. JJ.MM. Special Easement Sign (sign type).The term Special Easement Sign shall mean:a Business Sign sign used in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, the a business the sign has been designed to advertise; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two (2) parcels involved are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded vehicular access easement. KK.NN. Streamer (sign type).The term Streamer shall mean a long, narrow banner, flag, or pennant. LL. Temporary Non-Commercial Sign (sign type). The term Temporary Non- Commercial Sign shall mean a Non-Commercial Sign intended for short-term display. OO. Temporary Political Sign. The term Temporary Political Sign shall mean a temporary sign identifying a political candidate or ballot measure. PP. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean temporary banners, flags, balloons, searchlights and similar advertising devices when used for a grand-opening event, going-out-of-business event, special promotional event or promotional need such as “Now Hiring” or “Help Wanted” and other needs of a similar nature as determined by the Director of Community Development. MM.QQ. Temporary Sign.The term Temporary Sign shall mean any sign, banner, 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 for short-term displayed for a limited period of time only. NN. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage or portion of the building frontage occupied by a tenant. OO.RR. Tenant Directory Sign (sign type).The term Tenant Directory Sign shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the names and unit identifications of occupants engaged in professions or businesses on the premises. 152 SS. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage of suites occupied by a tenant. PP.TT. Vehicular Sign (sign type).The term Vehicular Sign shall mean any sign permanently affixed to an operable, or inoperable vehicle currently registered as a motor vehicle, which is used in the normal course of business. QQ.UU. Wall Sign (sign type).The term Wall Sign shall mean a Business Sign attached or erected against the building or structure, with the exposed face of the sign in a plane parallel to the plane of such sign attached parallel to or flat against the exterior wall of a building or structure. RR.VV. Window Sign (sign type).The term Window Sign shall mean a sign attached to, suspended behind, or placed or painted upon, the window or glass door of a building, which is intended for viewing that is visible from the exterior of the building. SECTION 8.84.030 SIGN APPROVALS AND DECISIONMAKER AUTHORITY BY ZONING DISTRICT Matrix A, Sign Approvals and Decisionmaker Authority by Zoning District, prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning Σ X ZC ZC ZC ZC ZC ZC Balloon X ZC***ZC ZC ZC ZC ZC ZC Banner X ZC***ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP(P C) CUP(P C) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Flags – Commercial Automobile/Vehi cle Sales X X ZC ZC ZC ZC ZC ZC 153 Freestanding 20' or Less in Height Σ X ZC**** * ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Identification**ZC/SD R ZC/SD R ZC/SD R ZC/SD R ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR (ZA) X SDR SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Advertising Sign X X X X X X X X MSP/SDR* *** Pedestrian / Shingle Σ X ZC ZC ZC ZC ZC ZC Off-Site Temporary For Sale or Lease Σ X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/SD R MSP/SD R MSP/SD R MSP/SDR Projecting Sign Σ X BP BP BP BP BP BP Reader Board, Electronic X X CUP(P C) CUP(P C) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Reader Board, Manual X X ZC ZC ZC ZC ZC ZC Off-Site Real Estate Residential Development Directional BP BP BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement Σ X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC***ZC ZC ZC ZC ZC ZC 154 Tenant Directory X X BP BP BP BP BP BP Wall Σ X ZC**** * BP BP BP BP BP BP Notes for Matrix A: Σ Business On-Site Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090 and subject to Building Permit BP Permitted and subject to Building Permit CUP Conditional Use Permit Approval Rrequired and subject to Building Permit SDR Site Development Review Permit Approval by Staff Community Development Director Required and subject to Building Permit PC Planning Commission is decisionmaker authority ZA Zoning Administrator is decisionmaker authority ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted *Matrix A does not reflect Exempt Signs in Section 8.84.140 **A sign of up to twenty-four (24)square feet on a side is allowed with a Zoning Clearance and a sign of up to thirty-six (36)square feet on a side is allowed with a Site Development Review Permit. ***Only Temporary Banners, not exceeding twelve (12)square feet, are allowed for Multi-Family Residences apartment communities (see Section 8.84.020.B for definition). All other temporary promotional signs are not allowed in this zoning district. ****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. *****Not permitted except on property with a Civic Use Type with approval of a Zoning Clearance. Planned Development signage is permitted by Section 8.84.100. A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200. SECTION 8.84.040 SIGN DEVELOPMENT REGULATIONS 155 Matrix B, Sign Development Regulations, prescribes required development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, Signs Subject to Permits. Matrix B Sign Development Regulations** Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Awning Section 8.84 .050.A 1 per business or tenant frontage as permitted by Section 8.84.1 10B.4. 2 ft. 6 in.1 sq. ft. per lineal ft. of tenant frontage to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. N/A May project 36 inches. More than 36 inches with SDR. Max. sign length of 24 ft. Balloon Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Banner Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Bulletin Board Section 8.84 .050.B 1 6 ft.24 sq. ft.10 ft. from front property line; Must meet all other yard requirements. Announcements pertaining to an on-site church, school, community center, park, hospital or institutional building. Coming Soon Section 8.84 .050.C 2 8 ft.32 sq. ft.On construction site. Opening date, architect, engineer, contractor, future business, or lender. May only be placed during time period between building permit and final occupancy. Community ID 1 20 ft.120 sq. ft.Service club names and Illumination shall not be 156 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Section 8.84 .050.D emblems and community slogans. intermittent; Means of support shall be concealed. Electronic Readerboar d Section 8.84 .050.E Per Section 8.84.1 10 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84 .110 if wall sign; 8.84.1 20 if freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 i f freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 i f freestanding sign. Per Section 8.84.11 0 if wall sign; 8.84.1 20 if freestanding sig n. Per Section 8.84.1 10 if wall sign; 8.84.120 i f freestanding sign. Flags - Automobile/ Vehicle Sales Commercial Section 8.84.050.C See Section 8.84.0 50.FC See Section 8.84 .050.FC See Section 8.84.0 50.FC See Section 8.84.0 50.FC See Section 8.84.05 0.F See Section 8.84.0 50.FC Freestandin g 20' or less in height; Freestandin g greater than 20' in height. Section 8.84 .050.D and 8.84.120. 1 per parcel; 2 or more with Master Sign Program. 10 ft. at property line; May be increased 0.5 ft. for every 1 ft. the sign is set back from the nearest street frontage property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. 15 sq. ft. per side at property line; May increase 2.5 sq. feet per side for each 1 ft. sign is set back from nearest street frontage property line. Maximum of 150 sq. ft. In a planter of appropriate dimension; Not closer than 50 feet from R-O- W right-of-way of Interstate Highway; Permitted within required yards; At one or more main entrances with Master Sign Program. Must indicate building address or address range. Must have minimum clearance of 14 feet if overhanging vehicular way; Must not project into a public right-of- way. Identification Section 8.84 .050.HE 1 per property frontage 6 ft.24 sq. ft. with Zoning Clearance; 36 sq. ft. with SDR. None.Name and/or use of building. Means of support shall be concealed. Office Building Master ID 1 8 ft.25 sq. ft.None.Name of office building, 100 ft. minimum parcel frontage 157 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Section 8.84 .050.I institutional use and address. required; Means of support shall be concealed. Off-Site Advertising Sign Section 8.84.050.F and 8.84.125 1 per parcel.Per MSP/SDR. Per MSP/SDR.Section 8.84.0 30 and 8.84.12 5.B through E Section 8.84.12 5.H Section 8.84.1 25 Off-Site Temporary For Sale or Lease Section 8.84 .050.L 1 per 100 ft. of street frontage; Up to 2 per parcel. 8 ft.16 sq. ft.Off-site sign is located in immediate vicinity of advertised premises w/o direct access to public road. For sale or lease; Name and phone number of agent and/or agency. Must be constructed of wood, plywood, metal or other rigid material. Pedestrian/ Shingle Section 8.84 .050.MG 1 per businesses per building elevation; maximum of 2 for corner suites N/A 5 sq. ft.Suspended from canopy over a sidewalk directly in front of the door of the business. None.8 ft. vertical clearance; Perpendicular to business building wall. Permanent Banner Section 8.84 .050.N N/A Per MSP/SDR. Per MSP/SDR.Per MSP/SDR.Name of shopping center, business or logo. Maintain in good condition; Subject to semi-annual review; Replace if in poor maintenance. Projecting Section 8.84 .050.OH and 8.84.110.C 1 per business. 2 ft. 6 in.; May be increased through SDR. 16 sq. ft.; May be increased through SDR. In middle 1/3 Middle one- third of front wall of building. N/A Section 8.84.1 10.C Readerboar d Section 8.84 .050.I Per Section 8.84.1 10 if wall sign; 8.84.120 if Per Section 8.84 .110 if wall sign; 8.84.1 20 if Per Section 8.84.1 10 if wall sign; 8.84.120 i Per Section 8.84.1 10 if wall sign; 8.84.120 i Per Section 8.84.1 10 if wall sign; 8.84.120 i 158 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* freestanding sign. freestanding sign. f freestanding sign. f freestanding sign. f freestanding sign. Off-Site Real Estate Residential Developmen t Directional Section 8.84 .050.KJ Determined by Director of Community Development. Determined by Director of Community Developmen t. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Searchlights Section 8.84.050.K 4 N/A N/A N/A Maximum of 21 days per calendar year. Service Station Display Structure Section 8.84 .050.PL 1 8 ft.16 sq. ft.None.Name of service station. May be combined with Service Station Price Signs; Placed in landscape planter Service Station Price Signs Section 8.84 .050.QM 2 6 ft.16 sq. ft for 3 fuel products; 24 sq. ft for 4 fuel products. 1 per street frontage. Gasoline prices.May be combined with Service Station Display Structure. Special Easement Section 8.84 .050.RN 1 4 ft.24 sq. ft.Within immediate vicinity of the business the sign advertises. Name of business and/or center. In lieu of Freestanding Sign; Business lLocated on parcel w/o direct access or frontage on improved ROW; must be connected by roadway/acces s easement. Temporary Promotional Section 8.84 .050.SO Per Section 8.84.0 50.SO Per Section 8.84 .050.SO Per Section 8.84.0 50.SO Per Section 8.84.0 50.SO Per Section 8.84.05 0.S Per Section 8.84.0 50.SO Tenant Directory 1 N/A 12 sq. ft.At entrance of building on an exterior wall. Listing of tenant names and suite numbers/letters. None. 159 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Section 8.84 .050.TP Wall Section 8.84 .110.UQ and 8.84.110.B 1 per business or tenant frontage with maximum of three frontages. 2 ft. 6 in.1 sq. ft. per lineal ft. of Tenant Frontage up to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. N/A May project 12 inches, 30 inches w/SDR. Max. sign length 24 ft. Notes for Matrix B: * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.050, 8.84.110,and 8.84.120. ** Matrix B does not reflect Exempt Signs in Section 8.84.140. SECTION 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: A. Awning Signs.Awning Signs shall be permitted in the same locations as wall signs and shall be subject to the requirements of Section 8.84.110. B. Bulletin Board.A bBulletin bBoard Signs twenty-four (24) square feet maximum area per side, is are permitted ten (10) feet or further from the front property line. One Bulletin Board Sign is permitted on each property with a Civic Use Type. A Bulletin Board Sign may have a maximum height of six (6) feet. C. Coming Soon Signs. Coming Soon Signs, with a maximum height of eight (8) feet and a maximum area of thirty-two (32) square feet, denoting the opening date, architect, engineer, contractor, future business or lending agency when placed on the site of work under construction. A maximum of two (2) Coming Soon Signs are permitted per construction site. A Coming Soon Sign may only be placed after issuance of a building 160 permit for the main structure and must be removed upon final occupancy of the main structure. D. Community Identification Signs. A Community Identification Sign may be permitted pursuant to a Zoning Clearance, may have a maximum area of one hundred twenty (120) square feet and may have a maximum height of twenty (20) feet. Sign illumination shall not be intermittent and sign copy shall be limited to: 1. The name of the community. 2. Information relating to the service clubs active in the area. 3. Community slogans or mottoes. 4. Directional information. C.F. Flags –Commercial Automobile/Vehicles Sales.Automobile/Vehicle Sales Commercial Flags are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 1. Automobile/Vehicle Sales Commercial Flags shall be located on the site where the business Automobile/Vehicle Sales use being advertised is conducted. 2. The location of Automobile/Vehicle Sales Commercial Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Automobile/Vehicle Sales Commercial Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Automobile/Vehicle Sales Commercial Flags shall be limited to a maximum of twenty (20)square feet and may be single sided or double sided. 5. Automobile/Vehicle Sales Commercial Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley,or other vehicular access way. No flag shall project into a public right-of-way. 6. Automobile/Vehicle Sales Commercial Flags shall be maintained in good condition at all times. Any flag that is faded, torn,or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with this subsection. D.G. Freestanding Signs.Freestanding Signs are permitted per Section 8.84.120 and in Section 8.84.040 Matrix B. 161 E.H. Identification Signs.One (1) Identification Sign is permitted per parcel in any district. Identification Signs with a maximum area of twenty-four (24) square feet per side may be approved subject to a Zoning Clearance, unless an area. A maximum of thirty-six (36) square feet per side is may be permitted with through the Site Development Review Permit process. The height of Identification Signs shall not exceed six (6) feet. I. Office Building Master Identification Sign. An Office Building Master Identification Sign may have a maximum height of eight (8) feet and a maximum area per side of twenty-five (25) square feet. One Office Building Master Identification Sign is permitted per parcel. A one hundred (100) foot minimum parcel frontage is required. F.J. Off-Site Advertising Signs.Off-Site Advertising Signs shall be permitted per Section 8.84.125. L. Off-Site Temporary For Sale Or Lease Signs. Off-site Temporary For Sale Or Lease Signs are subject to the Zoning Clearance process. Temporary For Sale or Lease Signs are permitted subject to the following: 1. Signs shall not exceed a maximum area of sixteen (16) square feet per side. 2. One (1) such sign may be placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel. 3. All signs shall have a maximum height of eight (8) feet. 4. Signs shall only state that the property is for sale, lease or exchange by the owner or his or her agent and the name, address and phone number of the agent and/or agency and directions. 5. Off-site signs shall be in the immediate vicinity of the parcel, structure or establishment advertised. 6. The premises advertised by an off-site sign must be located on a parcel of land without direct access or frontage on an improved Public right-of-way. 7. All off-site signs shall be subject to standard requirements of the Zoning Clearance. 8. All signs shall be constructed of wood, plywood, metal or other rigid material. 9. No sign shall be placed on a private or public right-of-way. G.M. Pedestrian/Shingle Signs.The sign shall be: Pedestrian/Shingle Signs are permitted subject to the following provisions: 162 1. Suspended from a canopy over a sidewalk directly in front of the door of the business with a minimum of eight (8) foot vertical clearance. 2. Perpendicular to the business building wall. 3. Not more than five (5) square feet in area per side. 4. Limited to one (1) per business per building elevation and a maximum of two (2) for corner suites. N. Permanent Banner. A Permanent Banner shall be permitted pursuant to a Master Sign Program approved by the Zoning Administrator, which may display only the name or logo of the shopping center or business. Such Permanent Banner shall be maintained in good condition and shall be subject to semi-annual review. If found to be in poor maintenance, such Permanent Banner shall be replaced or removed by the shopping center or business. H.O. Projecting Signs.Projecting Signs are permitted per Section 8.84.110.C. I.E. Electronic Readerboard Reader Board Signs.An Electric Readerboard Reader Board Signs may be permitted as either a Wall Sign or a Freestanding Sign subject to a Conditional Use Permit by the Planning Commission pursuant to Chapter 8.100, Conditional Use Permit. Wall-Mounted Electric Readerboard Reader Board Signs shall comply with Section 8.84.110, Regulations fFor Wall Signs aAnd Projecting Signs. Freestanding Electric Readerboard Reader Board Signs shall comply with Section 8.84.120, Freestanding Sign General Regulations. J.K. Off-Site Real Estate Residential Development Directional Signs.The purpose of this section is to establish and regulate a standardized program of off-site real estate residential development directional signs in areas where many developments are being constructed at the same time. This will provide attractive and effective signage to help the public find the developments. Off-Site Real Estate Residential Development Directional Signs, “Signs” for the purposes of this section, are subject to the Building Permit process. These signs are permitted subject to the following: 1. Residential developments of five (5)or more dwelling units. Signs shall be prepared for residential developments where five (5)or more dwelling units are concurrently undergoing construction or for sale, lease, or rent. 2. On private property with consent of owner, public property,or City right-of- way. All signs shall be placed on private property with the written consent of the property owner, public property, or on City right-of-way subject to a City encroachment permit. 163 3. Construction and maintenance by one sign company. Signs shall be constructed and maintained by one sign company and paid for by residential developers within the City. 4. Design. The design of the signs shall be uniform and shall be to the satisfaction of the Director of Community Development by means of a pursuant to Site Development Review Permit. A modification to the design will be by means of a shall be pursuant to Site Development Review Waiver. The City logo shall be placed on top of the signs. Any single-sided signs shall be painted the same color in the back as in the front side. The signs shall not be illuminated. The sign shall feature removable linear sign panels with directional arrows. A typical example of such a sign is as follows: 5. Off-Site Real Estate Residential Development Directional Sign Plan. An Off-Site Real Estate Residential Development Directional Sign Plan shall be prepared to the satisfaction of the Director of Community Development by means of a pursuant to Site Development Review Permit. A modification to the Plan will be by means of a shall be pursuant to Site Development Review Waiver. The Plan shall show the location of each sign, preferably at major intersections, prior to the installation of any signs. No sign shall be located anywhere other than as shown on the Off-Site Real Estate Residential Development Directional Sign Plan. 6. Maintenance. The sign company shall maintain the signs to the satisfaction of the Director of Community Development. If signs are not maintained to the satisfaction of the Director of Community Development, the City shall have the right to remove and confiscate the sign. 7. Each development shall be limited to one panel on an individual sign face. 8. Informing the public. Individual panels on signs shall be used only to inform the public of residential developments within the City of Dublin. 9. Sight distance. The signs shall not interfere with the sight distance of motorists, pedestrians, or bicycle riders. 10. Sidewalk circulation. The signs shall not impede pedestrian circulation of sidewalks. 11. Freeways. The signs shall not be located within 660 feet of I-580 or I-680. 12. Weeds. The site where signs are located shall be kept free of weeds to the satisfaction of the Director of Community Development to a distance of two (2) feet around each sign. 164 13. Devices. Devises shall not be attached to or placed next to signs. Such devices include but are not limited to: tag signs, streamers, balloons, banners, pennants, flags, lights or display boards. 14. Prohibited signs. No prohibited signs such as A-Frame Signs, Portable Signs, pennants, streamers, blinking or flashing lights, or movable signs (whether mechanical or hand-held) shall be permitted on or adjacent to Signs. 15. Existing Directional Tract Signs. All existing Directional Tract Signs for individual developments will become legal non-conforming signs. The City may pursue removal of such signs pursuant to Section 8.140.070. 15.16. Removal of panel. When a given development is completely sold out or leased, the panel representing that development shall be removed from all signs. 16.17. Removal of sign. The signs shall be removed at the time the last dwelling unit of the developments is occupied. 17.18. Relocation/reduction in size. When a sign has only a few panels in use, it shall be moved closer to the developments being advertised and/or reduced in size. 18.19. Bond. The sign company shall post a bond satisfactory to the Director of Community Development to assure timely removal of the signs. K.S.6. Searchlights.Up to four (4) Ssearchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any Ttemporary promotional Ssign(s) that include Ssearchlights for more than twenty-one (21) days per calendar year. L.P. Service Station Display Structures.A Service Station Display Structure is permitted pursuant to shall be established by a Zoning Clearance and may only identify the name of the service station it adjoins. Such structure shall have a maximum height of eight (8) feet and have a maximum area of sixteen (16)square feet per side and may incorporate Service Station Price Signs. The area of the Service Station Price Sign may be added to the area of a Service Station Display Structure. A Service Station Display Structure shall be placed in a landscape planter, which should be of sufficient width, length,and height to protect the base of the sign from damage due to vehicular traffic. M.Q. Service Station Price Signs.Service Station Price Signs indicating gasoline prices, products offered for sale, methods of sale and types of available services offered are permitted when accessory to an existing service station, provided: 1. One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs. 165 2. Each price sign shall have a heavy type face or electric reader board style text and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service stations offering four (4) or more fuel products. 3. The maximum sign height shall not exceed six (6) feet. 4. A price sign may be attached to, combined with,and made part of a Service Station Sign Display Structure pursuant to subsection P of this s Section 8.84.050.L. 5. All signage shall conforms to the requirements of Business and Professions Code Section 13530 et. seq. N.R. Special Easement Signs.A Special Easement Sign may be used in-lieu of a Freestanding Sign to designate the name of a business or center. A Special Easement Sign shall be placed within the immediate vicinity of the parcel upon which the business or center is located. The premises said sign is designed to advertised must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway, which is subject to a non-revocable, non-exclusive recorded access easement. A Special Easement Sign shall be subject to permitted pursuant to a Zoning Clearance. Special Easement Signs shall not be more than four (4) feet high and six (6) feet long and shall have a maximum area of twenty-four (24) square feet per side. Special Easement Signs shall be subject to compliance with Section 8.84.120, Freestanding Signs General Regulations. O.S. Temporary Promotional Signs.Temporary Promotional Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary Promotional Signs shall have a professional appearance and be constructed of durable, all-weather materials and shall be maintained in good condition throughout the display period. 1.2. Balloons.Any tethered or untethered balloon of greater than fifteen (15) inches in diameter shall be permitted pursuant to a Zoning Clearance only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any tTemporary Banner promotional signs that includes balloons for more than twenty-one (21) days per calendar year. 2.3. Banner Signs.Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of forty-two (42) consecutive calendar days between 166 displays is required. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign it is taller higher than the eave of the structure in which the business is located. One (1) Banner Sign may be displayed on a tenant’s building frontage. If there is more than one street frontage,and one (1) Banner Sign may be displayed on each the street frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the Banner Ssigns are at least two-hundred (200)feet apart. 3.1. Properties with Multifamily Residence Apartment Community Banner. Up to Oone (1) temporary bBanner Sign for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on-site with a multifamily residence for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between displays is required. In addition, the duration in which Bbanners Signs may be displayed is limited to a maximum duration of ninety (90) days per calendar year. A temporary bBanner Ssign for apartment communities shall not be larger than twelve (12) square feet (see Chapter 8.08.020.B for definition of apartment community multifamily residence). 4. Going-out-of-Business Signs. One (1) Going-out-of-Business Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide going-out-of-business function. The sign may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Going-out-of- Business Sign shall only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. 5. Grand Opening Signs. One (1) Grand Opening Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide grand opening function. The sign is effective only if applied for within sixty (60) calendar days of a business’ initial occupancy and may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Grand Opening Sign shall only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. P.T. Tenant Directory Signs.A Tenant Directory Sign is permitted provided it is attached to the exterior wall at the entrances of a building and each sign shall not exceed a maximum area of twelve (12) square feet. Q.U. Wall Signs.Wall Signs shall be are permitted per Section 8.84.110. SECTION 8.84.060 DESIGN CRITERIA 167 A. The Zoning Administrator shall consider the following factors in the review of the design of each proposed sign: The design of all proposed signs shall be reviewed by the permitting body with consideration given to the following factors: 1. Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location). 2. Impact of other immediate signs in terms of visibility, legibility, and scale. 3. Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction. 4. Night-time use considerations including intensity of illumination (of a sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights), competition and interference of light sources and intrusion of light into residential areas. B. Each proposed sign shall be reviewed by the permitting body for conformity to the following criteria: 1. The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained. 2. To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design. 3. All light sources shall be adequately diffused or shielded. 4. The sign’s supporting structure shall be as small in density and as simple as is structurally safe. 5. Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically. 6. Plastic-faced signs with white internally illuminated backgrounds are not permitted except pursuant to a Zoning Clearance. 7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review Permit. 168 8. The S signage shall not obstruct pedestrian circulation. SECTION 8.84.070 ILLUMINATION External iIllumination may be allowed on all signs upon the approval of the Community Development Director Zoning Administrator, unless otherwise set forth in this Chapter. Floodlighting External illumination used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways,or adjoining properties. SECTION 8.84.080 LANDSCAPING Landscaping used in commercial areas where a signage is proposed will be of species which have growth habits which facilitate visibility of signage to the greatest degree possible while still providing necessary shade and screening and meeting all other requirements of this Chapter. SECTION 8.84.090 A – AGRICULTURAL DISTRICT – SIGNS PERMITTED When located in an A District, and subordinate to a lawful use, Business On-Site Signs not exceeding an aggregate area of ten (10) square feet per side are permitted as shown in Matrix A (Section 8.84.030). SECTION 8.84.110 REGULATIONS FOR WALL SIGNS, AWNING SIGNS,AND PROJECTING SIGNS Wall Signs, Awning Signs, and Projecting Signs are permitted subject to the following regulations: A. General 1. Zoning Districts.These regulations shall apply in the C-N, C-O, C-1, C-2, M- P, M-1,and M-2, and comparable PD Zoning Districts. 2. Computation Oof Sign Area.The area of Wall and Projecting sSigns shall be computed as the entire area within a single, continuous perimeter creating a polygon of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the above enclosing the extreme limits of the sign together with any frame or other material or color forming an integral part of the display or used to differentiate such 169 sign from the background against which it is placed, provided that in the case of a sign with more than one (1) exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape,or unusual architectural features shall be considered sign area and is subject to all pertinent regulations. Those portions of the supports, uprights, base of a sign, or area used for street address, that do not function as a sign shall not be considered as part of the sign area. 3. Extension Oof Sign Above Ridge Roof-Line.No part of any Wall Sign or Projecting Sign shall extend above the Rroof-Lline of the building elevation on which the sign is displayed. 4. Maximum Sign Height.The height of No Wall or and Projecting Signs shall not exceed two (2) feet, six (6) inches where either a sign cabinet or individual letters are used. This standard may be increased with a Site Development Review Permit. Exceptions: A single wall sign may be up to four (4) feet high if it is no more than four (4) feet wide and otherwise conforms to the requirements of the Sign Regulations. A Wall or Projecting Sign shall not exceed may be three (3) feet high if it is on the face of a building at least eighteen (18) feet high. 5. Maximum Sign Length.No Wall Sign shall exceed a length of twenty-four (24) feet. This standard may be increased pursuant to with a Site Development Review Permit. 6. Supporting Members Oof Signs Minimized.Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building, and any required bracing shall be minimized. 7. Number Oof Building Frontages.Each business or tenant space may be permitted a maximum of three (3) building frontages with maximum of one (1) wall sign per frontage. 8. Frontage Allocation Not Transferable.In no case shall a sign or sign area permitted on one (1) frontage be transferred to another frontage. 9. Use of All Legal Existing Sign Cabinets on a Tenant Frontage.All legal existing sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites behind the Tenant Frontage. B. Wall Signs and Awning Signs 1. Area Oof Wall Signs.The area of wWall sSigns for each business or tenant space shall not exceed one (1) square foot of sign area for each lineal foot of Tenant Frontage occupied by such business up to a maximum sign size of one hundred fifty 170 (150) square feet. Pursuant to Site Development Review Permit, this standard may be increased by one and one-half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. Additional sign area may be unless exceeded through approval of a Master Sign Program pursuant to Section 8.84.130. With a Site Development Review this standard may be increased to one and one- half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. 2. Wall Signs on Buildings Distant Ffrom Street.A tenant space of a building which is set back at least one hundred (100) feet or more from any street may increase the Wall Sign area by twenty-five (25%) percent. 3. Wall Signs Parallel To Building Face. Attached wall signs shall be parallel with the building face. 3.4. Wall Signs and Awning Signs Projecting Ffrom Face Of Wall.Wall signs shall project not more than twelve (12) inches from a wall except that Wall Signs projecting from twelve (12) inches to thirty (30) inches from the wall to which they are attached are permitted with a Site Development Review Permit. Awning Signs shall not project more than thirty-six (36) inches from a wall except that Awning Signs projecting more than thirty-six (36) inches from the wall to which they are attached are permitted with a Site Development Review Permit. C. Projecting Signs 1. Clearance Oof Projecting Signs.Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No such sign shall project into a public right-of-way. 2. Location Oof Projecting Signs.Projecting Signs shall only be located on the middle one-third of the front wall of a building. This requirement may be modified pursuant to by means of a Site Development Review Permit. 3. Number of Projecting Signs.Only one (1) Projecting Sign shall be permitted for each business located on the site. 4. Projecting Sign Areas.A Projecting Sign shall have a maximum size of sixteen (16) square feet per side unless increased pursuant to a Site Development Review Permit. 171 5. Projecting Sign Projection Limit.Projecting Signs shall not extend from the front wall to which they are attached more than eight (8) feet unless modified pursuant to by a Site Development Review Permit. SECTION 8.84.120 REGULATIONS FOR FREESTANDING SIGNS A Freestanding Signs are permitted subject to the following regulations:shall: A. Zoning Districts.Freestanding Signs are permitted in the R-1, R-2, and R-M Zoning Districts when there is a Civic Use Type, as well as the C-N, C-O, C-1, C-2, DDZD, M-P, M-1, and M-2 zoning districts. B.A. Landscape Planter.Freestanding Signs shall Bbe located in a planter of appropriate dimension. The design of the landscape planter should be of sufficient width, length,and height to protect the base of the sign from damage due to vehicular traffic. C.B. Interstate Freeway Proximity. The Freestanding Sign shall Nnot be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway. D.C. Main Entrance Proximity.Freestanding Signs shall Bbe permitted at one (1) or more of the main entrances pursuant to a Master Sign Program. E.D. Location.Freestanding Signs shall Bbe permitted to be located within required front, side or rear yard setback areas. F.E. Copy Restrictions.Freestanding Signs shall Iindicate the building address or address range of the building and/or complex it serves. G.F. Clearance of Freestanding Signs.Freestanding Signs shall Hhave a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang extending over a driveway, alley, or other vehicular access. H.G. Not project into a public right-of-way. I.H. Height.Freestanding Signs shall Hhave a maximum height of ten (10)feet at the property line. The height may be increased half (0.5)foot for every foot the sign is set back from the nearest street frontage property line up to a maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up to thirty-five (35) feet pursuant to with a Site Development Review Permit. Heights above thirty-five (35) feet may be permitted pursuant to a Master Sign Program. J.I. Area of Freestanding Signs.Freestanding Signs shall Hhave a maximum area of fifteen (15)square feet per side at the property line. The area may be increased two and one half (2.5)square feet per side for each foot the sign is set back from the nearest 172 street frontage property line. The maximum size for a fFreestanding sSign is one hundred and fifty (150) square feet per side. A Freestanding Sign may have an area greater than one hundred and fifty (150) square feet pursuant to a Master Sign Program. J. Also be regulated as shown in Section 8.84.040, Matrix B. K. Number of Freestanding Signs.Freestanding Signs shall Bbe limited to one (1) Freestanding Sign per parcel unless more than one (1) Freestanding Sign were allowed pursuant to a Master Sign Program. SECTION 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 the Scarlett Court Overlay. C. Interstate Freeway Proximity. 1. Signs shall be located between 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. 173 H. Copy Restrictions.Signs shall not display products, goods, or services related to tobacco, firearms, or sexually explicit material. SECTION 8.84.130 MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW PERMIT A. New signage Signs for a new retail, office,or industrial complex on four (4) or more acres having a gross 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 Permit to be reviewed by the Zoning Administrator pursuant to Chapter 8.104 Site Development Review. B. 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 Permit to be reviewed by the Zoning Administrator. C. A Master Sign Program/Site Development Review Permit shall be granted based on the following findings based on evidence in the record: 1. That the program’s contribution to effective and attractive identification of businesses, services,and uses and the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of this Chapter Section 8.84.040, Sign Development Regulations, Section 8.84.050, Signs Subject To Permits, Section 8.84.110, Regulations For Wall Signs And Projecting Signs, and Section 8.84.120, Freestanding Sign General Regulations; and 2. That all of the proposed signs of the retail, office,or industrial complex, shopping center, automobile dealership or building are compatible with the style or character of existing improvements on the site and are well related to each other; and 3. That all of the proposed signage shall generally conform with the Design Criteria in Section 8.84.060. D. The Master Sign Program shall include, but not be limited to, indications of the quantity, locations, dimensions, colors, design, method of illumination, and sign types of all signs to be installed. SECTION 8.84.140 EXEMPT SIGNS 174 The following signs are exempt from obtaining a Sign P permit but shall comply with all other regulations of this Chapter article: A. A-Frame Signs.A-Frame Signs shall be subject to the following: 1. Quantity.One (1) per business. 2. Size.A maximum of six (6) square feet per side with a maximum of two sides. 3. Height.A maximum height of four (4) feet. 4. Materials.Professional quality materials are required; plywood is prohibited. 5. Location.A-Frame Signs shall be located within five (5) feet of the pedestrian entrance to the applicable tenant space. A-Frame Signs shall be placed on hardscape and shall not block accessible paths of travel or inhibit sight distance for ingress or egress. 6. Stabilization.All A-Frame Signs shall be freestanding and able to withstand wind gusts or must be removed during inclement weather. A-Frame Signs shall not be attached to structures, trees, benches, or any other landscape features. 7. Sign Copy.A-Frame Signs shall not include Commercial Messages except as related to commercial or industrial activities on the property on which the A-Frame Sign is located. 8. Daily Removal.A-Frame Signs shall be removed at the close of business each day. B.A. Direction/Warning Signs.Signs displayed for the direction, warning,or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, except and all Direction/Warning Signs designed as pavement markings regardless of size, which are not so restricted as to maximum area. C.B. Flags.The flag or insignia of any charitable, educational, philanthropic, civic, professional or religious organization, or seasonal flags. Flags that do not contain Commercial Messages. D. House Numbers Aand Name Plates.House numbers, name plate or identification of house members (provided sign does not exceed two (2) square feet maximum area), mailbox identification, street names, “no-trespass” signs, and other warning signs. E. Lottery Signs.Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers. F. Memorial Tablets.Memorial Tablets or signs identifying a benefactor, a location of historical interest, or a statue or monument. 175 F.G. Murals/Artwork.Murals that do not contain Commercial Messages or other artistic paintings on walls, provided no logos, emblems or other similar devices, sign copy or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting. G.H. Official Public Signs.All Official Public Signs erected by or on the order of a public official or agency as defined. H.I. Real Estate Signs.On-Site Temporary For Sale Or Lease Signs.All On-Site Temporary For Sale or Lease Signs Real-Estate Signs are permitted subject to the following provisions provided they shall: 1. Not exceed a maximum area of sixteen (16) square feet per side.; 2. Be limited to one (1) such sign placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel.; 3. Have a maximum height of eight (8) feet.; 4. State that the property is for sale, lease or exchange by the owner or his or her agent and the name, address and phone number of the owner or agent and/or agency and directions; 4.5. Be constructed of wood, plywood, metal,or other rigid material; and 5.6. Not be placed on a private or public right-of-way. I.J. Real Estate Directional Signs.Real Estate Directional Signs Open House Signs.Open House Signs are permitted subject to the following special provisions provided they shall: 1. Be limited to a A maximum of four (4) open house signs are permitted for each property being advertised for sale. 2. Such signage shall not Not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb)where such signsage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk width to less than thirty-two (32) inches. Notwithstanding the above, signs Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 176 3. Signage is nNot to be adhered or attached to any public signpost sign post, traffic signal,or utility pole. 4. Signs cannNot be placed within a five (5) foot radius of a call box, fire hydrant, or mailbox. 5. Include placement of no No more than eight (8) open house signs shall be placed at any intersection. No and no more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot Not have additional tags, riders, streamers, balloons,or other attachments. 7. The size of the sign shall nNot exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open house signs shall bBe permitted on holidays, Saturdays, Sundays,and one agent tour day each week from 10:00 a.m. through sunset. 9. Be subject to the The City’s shall be authorityzed to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open house signs. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. 10. Secure Pproper authorization by the affected private property owner shall be secured prior to placement of signs on private property. K. Private Recreational Signs.Signs which are within private recreational property and which cannot be seen from a public street or adjacent properties. J.C. Seasonal Holiday Lights Aand Decorations.Seasonal Holiday lights (if lighted) and seasonal decorations may be displayed for up to sixty (60) consecutive calendar days commonly associated with any national, local or religious holiday erected no sooner than forty-five (45) calendar days before the holiday and removed within fourteen (14) calendar days following the holiday. Seasonal Holiday balloons, including large balloons used in conjunction with a seasonal holiday event, are exempt from obtaining a Sign Ppermit when located in a Residential Zoning District. K.L. Temporary Non-Commercial Political Signs.Temporary Non-Commercial Signs political signs provided they shall: 1. Be displayed for no more than sixty (60) consecutive calendar days removed within 10 calendar days following the election. 177 2. Be placed on private property. 3. Be no more than sixteen (16) square feet per side in area per individual sign and up to eighty (80) square feet of maximum aggregate area per lot. 4. Not be placed within the public right-of-way or within 660 feet of and visible from the right-of-way of Interstate 580 or Interstate 680. L.M. Vehicular Signs.A vehicle with Vehicular Signs less than nine (9) square feet per panel or side of vehicle affixed shall be parked on the property on which the business is located, and as close as practical to the business it serves for less than twenty-four (24) hours continuously or eighty-four (84) hours in a seven (7) day period. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. M.N. Window Signs.Window Signs shall not exceed twenty-five (25) percent (25%)of the contiguous window area from which they are viewed. SECTION 8.84.150 PROHIBITED SIGNS The following signs, or signs which contain the following elements, are prohibited: A. A-Frame Signs. Any A-Frame Sign, Portable Sign or Sandwich Board Sign. A.B. Balloons.Any singular or clustered balloon(s) up to 15 inches in diameter used for advertising purposes and attached to any structure, vehicle, pole, or sign which is located in any Commercial or Industrial Zone by designated Planned Development or standard Commercial or Industrial Zone, which is displayed higher than ten (10) feet above the ground. C. Billboard Signs. Any Billboard Sign. B.D. Blinking, Flashing Lights.Any sign having blinking, flashing,or fluttering lights, or any other illuminating device which has a changing light intensity, brightness,or color. E. Directional Tract Signs. 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. 178 C.G. Obscene Or Derogatory Signs.Any sign containing any obscene or derogatory matter, as defined by federal court precedent. D.H. On Public Property.Any sign whether portable, temporary,or permanent in nature located within the public roadways rights-of-way, public sidewalks, public roadway medians or on public property except the following: 1. An Official Public Sign. 2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities,or routes. 3. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property. 4. An Open-House Sign. E.J. Pennants.Either directly or indirectly attached to any structure or pole. F.I. Privately-Oowned sSigns Resembling Traffic Signs.Any privately-owned sign resembling any public directional sign or traffic control device. G.K. Reflective Signs.Signs using colors that contain reflective properties. H.L. Rotating, Moving,and Human-Held Signs.Any sign with Commercial Messages that rotates, moves, contains moving parts,depicts animation in any manner,or any sign with Commercial Messages that is held by a human being in any manner for a commercial purpose, including but not limited to advertising a produce, real property, or service. I.M. Signs Extending Above Roof Ridge.Any sign, which extends above the roof ridge line or parapet. J.N. Streamers.Streamers Eeither directly or indirectly attached to any structure or pole. K.O. Signs Tthat Aare Aa Traffic Hazard.Any sign, which creates a traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist’s vision of traffic signals. N.P. Signs Wwith Visible Support Brackets.Any sign mounted on a sloping roof with visible support brackets. L.Q. Sound Oor Odor Emitting Signs.Any sign designed for emitting sound, odor,or visible matter. 179 R. Statuary Signs. Statuary when used for advertising purposes. S. Temporary Signs. Temporary signs except as approved in conjunction with approved signage for Grand-Opening, Permanent Banner and Temporary Promotional signs. M.T. Vehicular Signs.Any sign that exceeds nine (9)square feet per panel or side of vehicle on any car, van, truck or other vehicle that is either operable or non-operable, that is parked in any parking lot or adjacent right-of-way that is visible from a highway, collector or major street for a period that exceeds either twenty-four (24)hours continuously or eighty-four (84)hours in any seven (7)day period. SECTION 8.84.170 APPLICATION - CONTENTS Application for a Sign P permit shall be made in writing upon forms furnished by the Department of Community Development and shall include the Pproperty Oowner’s signature authorizing the application, and other information determined by the Community Development Director Zoning Administrator. SECTION 8.84.190 APPLICATION - APPROVAL A. The Permitting Body Zoning Administrator shall approve a Sign Ppermit Aapplication only if he or she finds that: 1. The sign and/or proposed location are not prohibited under section 8.84.150, Prohibited Signs. 2. The sign is permitted under a specified section of this Chapter or under a Master Sign Program granted pursuant to Section 8.84.130 or an Exception granted pursuant to Section 8.84.200. 3. The sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area. 4. The sign will not materially reduce the visibility of existing conforming signs in the area. 5. The sign, as proposed or modified, conforms to the Design Criteria specified in Section 8.84.060, Design Criteria. B. Applications for the Sign Permits applications shown in Section 8.84.030 Matrix A shall be subject to the regulations, review, procedures, and appeal process set forth in the Zoning Ordinance. 180 SECTION 8.84.200 SIGN EXEMPTIONS Upon application, the Zoning Administrator may grant a Sign Exception to a regulation in this Chapter or, at the discretion of the Zoning Administrator, the application may be referred to the Planning Commission.All of the following findings shall be made in order to approve a Sign Exception and shall may be granted when the Zoning Administrator or the Planning Commission makes the following findings based on evidence in the record: A. The proposed Sign Exception conforms as closely as practicable to the regulations pertaining to sign size, height, number and location; and B. The proposed Sign Exception is consistent with the intent of providing attractive and effective identification and other purposes of the sign regulations; and C. Either: 1. Strict adherence to the sign regulations does not allow attractive and effective identification of the site or practical functioning of the business because of the site’s location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or 2. The architectural style, materials,or construction elements of the building are such that a sign placed in conformance with this Chapter would conflict with other aesthetic considerations. D. The procedure for processing a Sign Exception shall be as set forth in Chapter 8.112, Variance. SECTION 8.84.220 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 pursuant to this Chapter: 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. B. Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached has been abandoned by its owner, for a period of not less than ninety (90) days or more. 181 C. Any signs and their supporting members which have been more than fifty (50) percent (50%)destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D. Any signs and their supporting members whose owners, except for a change of copy, request permission to remodel and then remodel those sign displays, or expand or enlarge the buildings or land uses upon which the sign displays are located, and the sign displays are enlarged or otherwise made to be not in conformity with this Chapter Title by the construction, enlargement,or remodeling. Remodeled signs where the cost of construction, enlargement, or remodeling of the sign displays exceeds fifty (50) percent (50%)of the cost of reconstruction of the building. E. Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. F. Any signs and their supporting members which are temporary and not otherwise permitted by this Chapter. G. Any signs and their supporting members which are a danger to the public or are unsafe. H. Any signs and their supporting members, which constitute a traffic,hazard not created by relocation of streets or highways or by acts by the City. I. Any signs and their supporting members that were legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the Ordinance rendering the display non-conforming has expired, and conformance has not been accomplished. SECTION 8.84.300 SUBSTITUTION OF NON-COMMERCIAL SPEECH FOR COMERCIAL SPEECH Notwithstanding anything contained in this Chapter to the contrary, any sign erected pursuant to the provisions of this Chapter may, at the option of the owner, contain a non- commercial message in lieu of a commercial message and the non-commercial copy may be substituted at any time in place of the commercial copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another non-commercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this Chapter have been satisfied. SECTION 8.104.A.10 SIGNAGE 182 10. Signs.All Master Sign Programs and other sSigns which require a Site Development Review Permit pursuant to Chapter 8.84, Sign Regulations 183 Attachment 3184 185 Sign Regulations and Site Development Review Zoning Ordinance Amendments City Council April 6, 2021 Background •Reed v. Town of Gilbert –Supreme Court considered whether local regulations governing the content of signs violated the First Amendment –Court found the regulations were content-based restrictions on free speech and were unconstitutional •Staff evaluated the City’s existing regulations and determined amendments were necessary Proposed Project •Zoning Ordinance Amendment includes revisions to Chapter 8.84 (Sign Regulations) to ensure compliance with the Supreme Court decision •Rename, eliminate, and combine sign types •Define undefined terms •Permit A-Frame Signs to support local businesses Proposed Project (continued) •Banners for promotional events, Going-out-of- Business, and Grand Opening Signs are reclassified as Banner Signs and permitted for maximum of 21 days with waiting period of 42 days •Political Signs reclassified as Temporary Non- Commercial signs and permitted for maximum of 60 days Proposed Project (continued) •Holiday Lights and decorations reclassified as Seasonal Lights and Decorations and permitted for maximum of 60 consecutive days •Master Sign Program/Site Development Review Permit is subject to approval by the Community Development Director Recommendation •On March 9, 2021, the Planning Commission recommended approval of the Zoning Ordinance Amendment. •Waive the reading and INTRODUCE the Ordinance amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance.