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HomeMy WebLinkAboutOrd 02-21 Approving Amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning OrdinanceOrd. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 1 of 29 ORDINANCE NO. 02 - 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: 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.” Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 2 of 29 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. 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 cont ext 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 3 of 29 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, sa le 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 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 4 of 29 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, conc ession, 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. 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 i s posted or Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 5 of 29 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. 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 five (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. 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 6 of 29 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 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: Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 7 of 29 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/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR SDR SDR SDR SDR SDR SDR SDR 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 Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 8 of 29 Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M- 2 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 ** 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** Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 9 of 29 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 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. 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 15 sq. ft. per side at property line; May increase 2.5 sq. feet per side for each 1 ft. sign 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 10 of 29 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* 35 ft. with SDR. 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 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 1 8 ft. 16 sq. ft. None. May be combined with Service Station Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 11 of 29 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Display Structure Section 8.84 .050.L 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 frontage on improved ROW; must be connected by roadway/access easement. Temporary Section 8.84 .050.O Per Section 8.84. 050.O 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 12 of 29 ** 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. 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 13 of 29 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. 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 Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 14 of 29 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 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 (1) 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 15 of 29 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 or cumulatively shall be issued that allows any Temporary Sign(s) that include Searchlights for more th an 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 a rea 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 pu blic 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 16 of 29 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 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 b e larger than sixty (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 front age), up to two (2) 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). Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 17 of 29 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 illuminat ion (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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 18 of 29 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 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, 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. 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 Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 19 of 29 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 o f 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 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 Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 20 of 29 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 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. 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 21 of 29 H. Projection. Freestanding Signs shall 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. 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 22 of 29 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 forty-thousand (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 businesse s 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 confo rm 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 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 23 of 29 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 maximu m 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. 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; Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 24 of 29 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, b locks 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. 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: Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 25 of 29 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 six hundred and sixty (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 fifteen (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. 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 26 of 29 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. 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 Communit y 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 27 of 29 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: 1. Strict adherence to the sign regulations does not allow attr active 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. Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 28 of 29 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 a greement 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 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: Ord. No. 02-21, Item 4.12, Adopted 04/20/2021 Page 29 of 29 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 20th day of April 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _______________________________ City Clerk