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HomeMy WebLinkAboutItem 6.2 ApartmentTempSigns 'CITY CLERK File# AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 4, 2003 SUBJECT: Report on Apartment Temporary Signage. Report Prepared by: ~ Andy Byde, Senior Planner ATTACHMENTS: 1. Ordinance amending the Dublin Municipal Code. 2. City Council Minutes from October 1, 2002; 3. January 14, 2003, Planning Commission Resolution 03-01 Recommending City Council Approval of an Amendment Chapter 8.84, Sign Regulations of The Municipal Code. RECOMMENDATION: d,i. Open Public Hearing and receive Staff presentation; ~~ 2. Staff; ,~ Question 3. Take testimony from the Public; 4. Close Public Hearing and deliberate; 5. Waive the reading and introduce the Ordinance (Attachment 1) to amend the Dublin Municipal Code. FINANCIAL STATEMENT: No financial impact. BACKGROUND: At the October 1, 2002, City Council meeting, the City Council directed Staff to meet with the owners and managers of the apartment communities within the City, to discuss the current sign regulations in respect to temporary signage and bring this issue back to the City Council for direction. Currently, .the City Zoning Ordinance (Sign Regulations-Section 8.84.030) does not permit temporary banners for any uses within a residential zoning district, including apartment communities. Temporary banners are allowed for business within commercial zoning districts for a period of 15-days through the approval of a zoning clearance, which consists of an over the counter permit and a $25 fee (the banner then must be down for 30-days before reapptying for a new zoning clearance). The maximum allowed size for temporary banners is 30" wide by 24 feet long (60 square feet). Additionally, apartments (and other not for sale housing) are not allowed to utilize off-site open-house signs, as are for-sale housing (Section 8.84.050). Staff met with the apartment owners and managers of apartment projects to discuss their concerns with the existing sign regulations and also discussed options for changing the ordinance. City Council Direction: At the December 3, 2002, City Council meeting, the Council listened to the concerns of the owners and managers of the apartment communities and evaluated the adjacent cities and regulations they impose on COPIES TO: Apartment Owners/Managers ITEM NO. ~ G:~PA#~2002\02-060\CC Staff Report for direction.doc / ~ ~ temporary banners for apartment communities. The City Council directed Staff to prepare an ordinance that modified the Sign Ordinance to be consistent with the City of San Ramon, in respect to temporary banners for apartment communities. Listed below is a table of adjacent cities their regulations in respect to temporary banners for apartment communities: Allow Ci~_ Banner How Large How Long Danville Yes 20 sq ft 15-day consecutive (45-day max per year) < 1 ac=4 sq ft; > 1 ac-9.9ac=32 sq ft; 10+ac= 128 sq Livermore Yes ft 30-days per quarter Pleasanton No N/A N/A San Ramon Yes 12 sq ft 90-days per year 5-days consecutive (4-times per year for a total of 20- Walnut Creek Yes Not regulated clays) Specifically, the City Council discussed the appropriate square footage and duration for temporary banners and directed Staff to prepare an ordinance which would limit temporary banners to 12-square feet maximum with the duration limit of 15-days up and 45-days down which equates to 90-days per year which utilizes the same zoning clearance requirement and $25-fee for the banner permits. In addition, the City Council directed Staff to evaluate amending the Zoning Ordinance to allow vacancy/no vacancy sign additions to Apartment Communities' monument sign. Staff has evaluated the existing Ordinance and the existing Ordinance allows additions to monuments either by a slot (vacancy/no vacancy sign inserted) or hooks (vacancy/no vacancy sign hung from the bottom). Additions to existing monuments signs are consistent with the existing Ordinance, as long as the addition to the monument sign is of a permanent nature and not made of fabric, therefore Staff does not recommend an amendment to the Ordinance. Planning Commission Recommendation: On January 14, 2003, the Planning Commission adopted a Resolution (No. 03-01, Attachment 3) recommending that the City Council adopt the ordinance to amend the Dublin Municipal Code as proposed in Attachment 1. The Planning Commission agenda report and Resolution are contained in Attachment 3. ENVIRONMENTAL REVIEW: The proposed change to the Municipal Code listed above would not create environmental impacts. These changes are also exempt from CEQA because it can be seen with certainty that there is no possibility that such amendments would have a significant effect on the environment (CEQA Guidelines, Section 15061(b)(3)). CONCLUSION: The City Council directed Staff to prepare an ordinance which allows allow temporary banners for apartment communities not exceeding 12-square feet in size and with the duration of 15-days up and 45- days down. The Planning Commission heard the proposed amendment to the Sign Regulotions ~and recommended that the City Council approve the change to the Sign Regulations, therefore Staff recommends that the City Council, open the Public Hearing and receive Staff presentation close the Public Hearing, deliberate and waive the reading and introduce the Ordinance (Attachment 1) to amend the Dublin Municipal Code and continue the Public Hearing to the February 25, 2003, City Council meeting. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.84 SIGN REGULATIONS (ZONING ORDINANCE) PA 02-060 WHEREAS, the City of Dublin has determined that the Sign Regulations of the Dublin Municipal Code (Chapter 8.84) must be revised to more effectively regulate development within the City; and WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance was exempt from CEQA. Various changes to the Municipal Code listed above would also not create enviromnental impacts. These changes are also exempt from CEQA because it can be seen with certainty that there is no possibility that such amendments would have a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)); and WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project on January 14, 2003, and did adopt Resolution 03-01 recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on February 4, 2003; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Ordinance Amendment; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Ordinance Amendment is consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Section 8.84.040~ Matrix A, Sign Development Regulations, Temporary Promotional, of the Dublin Municipal Code is amended to read as follows: MATRIX A SIGN APPROVALS AND DECISIONMAKER AUTHORITY BY ZONING DISTRICT * Sign Type A R-l, R-2, R- C-N C-O C-1 C-2 M-P, M-l, M-2 M Awning E X BP BP BP BP BP Bulletin Board BP BP BP BP BP BP BP Coming Soon X X BP BP BP BP BP Community ID X ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP(PC) CUP(PC) CUP(PC) CUP(PC) CUP(PC) Freestanding 20' or less in E X ZC X BP BP BP ht. ATTACHMENT 1 Freestanding greater than X X X X SDR SDR SDR 20' in height Grand-Op~ning X X ZC ZC ZC ZC ZC Identification ** ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR(ZA) X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) Office Building Master ID X X ZC ZC ZC ZC ZC Off-Site Residential BP BP BP BP BP BP BP Development Directional Off-Site Temporary For Sale Z X ZC ZC ZC ZC ZC or Lease Open-House X Permitted X X X X X Permanent Banner Sign X X X X SDR(ZA) SDR(ZA) SDR(ZA) Projecting Z X BP BP BP BP BP Service Station Display X X ZC X ZC ZC ZC Structure Service Station Price Sign X X ZC X ZC ZC ZC Special Easement Z X ZC ZC ZC ZC ZC Temporary Promotional (15- X ~XC *** ZC ZC ZC ZC ZC I Day) Tenant Directory X X BP BP BP BP BP Wall Z X BP BP BP BP BP Window X X BP BP BP BP BP Notes for Matrix A: 2; Business Signs not exceeding an area often (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 Approval by Staff 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 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is allowed with a Site Development Review. *** Only Temporary Banners~ not exceeding 12-square feet. are allowed tbr apartment communities, which consist of 10- apartment units on the same lot, which are ~br rent only, see section 8.84.050.T. All other temporal, promotional signs are not allowed this zoning district. 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 2. Section 8.84.040~ Matrix B, Sign Development Regulations, Temporary Promotional, of the Dublin Municipal Code is amended to read as follows: 2 "Sign Type Maximum Maximum Maximum Location Copy Additional Section No. Number of Height Area per side Requirements Restrictions * Regulations * signs in sq. ft. * Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of Promotional Clearance. Clearance. Clearance. which business Clearance. 15~consecutive Sec. 8.84.050.T Banner signs is located, calendar days shall not be per permit; 30 larger than 30 consecutive inches by 24 calendar day feet. waiting period between Tempm'ary One (l) Temlmrary permits. Promotional Banner for Sec. Apartment Temporary 8.84.050.T: Communities Banners for Temporary which shall Apartment Banner for not exceed 12 Communities Apartment square feet. shall be allowed 15 consecutive calendar days per permit; 45 consecutive calendar day waiting period between permits. Section 3. Section 8.84.050.T~ Temporary Promotional Signs, of the Dublin Municipal Code is amended to read as follows: "T. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of thirty (30) consecutive calendar days between permits is required, with the exception of temporary banners for apartment communities and balloons as defined herein. A Banner Sign shall not be larger than 30 inches by 24 feet in size: One ( 1 ) tern.porto3_,~ banner for apartment communities is permitted pursuant to a Zonim2 Clearance and may be placed on site for a maximum of fifteen (15) consecutive calendar days_ per permit ~'~,h~.n~ used for special promotional events or needs. A minimum waiting .period of forty-five (45) consecutive calendar d.ays between permits is required. A te:mpo:ra~3~ banner sign ~br apartment communities shall not be larger than t 2-square feet. An apartment community' is defined as a minimum of 1 O-apartment units located on the same lot, which is ~br rent only. Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted 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 cumulative shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per 3 calendar year. Zoning clearance(s) may be issued for periods less than 15 days." PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this __ day of__, 2003, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: City Clerk G:~PA#L2002\02-060\ORD-strikeout-underline 2.DOC 4 City Attorney Silver explained that for public works contracts we have to follow state provisions and go to lowest responsible bidder. The City Council adopted a purchasing Ordinance which applies to purchase of goods and contracts for services which are not public works projects. Basically, it is similar to state law, which says it should be awarded to the lowest responsible bidder. City Manager Ambrose stated there are exceptions to the Purchasing Ordinance, but this does not fall under one of the exceptions such as specific designs, etc. Previous City Councils had discussions about local preference and this was when we included sales tax as part of the award. We adjust bids received from Dublin businesses to indicate the 1% sales tax that we receive. Cm. Oravetz stated he would also like to see us buy local. Cm. Zika pointed out they have a responsibility to see that taxpayer money is wisely spent. On motion of Cm. McCormick, seconded by Cm. Zika, and by majority vote, the Council awarded the purchase order of $21,310.77 to Toyota Walnut Creek. Cm. Oravetz voted in opposition to the motion. REPORT ON APARTMENT TEMPORARY SIGNAGE 8:30 p.m. 7.3 (400-30) Senior Planner Andy Byde presented the Staff Report, which was an informational report concerning existing regulations related to apartment temporary signage and also reported on the discussions with apartment owners and'managers on the subject of temporary signage for apartment communities. Mr. Byde also discussed adjacent cities and temporary banner regulations. Mr. Byde advised that ff the City Council determines that modifications should be made to the existing Sign Ordinance, Staff will prepare an agenda statement and Ordinance and bring them before the Planning Commission for review and will then return to the City Council for two public hearings. The new Ordinance would then be in effect 30 days after adoption. CITY COUNCIL MINUT£S VOLUME 2 I DecemBer 3, 2002 Mayor Lockhart asked him to address the comment that some places in the community have special permits. Mr. Byde stated under the sign ordinance an applicant can request a master signage plan. In researching this~ we found there were no apartments that had master signage plans allowing temporary banners. Once we discovered this, we no longer issue permits. Any banners up are illegal. Timothy May, Executive Director of the Rental Housing Association, offered congratulations to those re~elected, and thanked the City Council for sending this back to Staff. He thanked Staff for the great job they did in discussing this with apartment owners. Dublin has one of the lowest occupancy rates in the Valley; lower than Pleasanton or Livermore. They believe that because the signage Ordinance in Dublin is so restrictive, they are finding it very difficult to bring their volume back up to what they feel is acceptable; 05% is a great equilibrium. We are not selling widgets here. Banners are one of the primary uses for advertising in their industry. One of the most crucial ways they contact their customers is when they are driwing through the neighborhood and see banners and stop. He agreed that banners should be used within boundaries established by City. Use wisdom to make sure there is flexibility to accommodate areas that have different needs. Please consider fact that there is a real need to promote and provide flexibility. Assured City Council that apartment community is not interested in creating apartment graffiti. He gave his phone number as (510) 557~0540. Mayor Lockhart asked how do you equate the fact that Pleasanton allows no banners. Mr. May stated in spite of this, we have a greater vacancy rate. The price has a lot to do with it, obviously. The need is also a factor. A lot of other communities have a slow growth approach. People coming into this community need to find housing. Cm. McCormick asked about vacancy rates in general in the industry. Is it uncommon to have a full house all the time? A sign could go up and stay up all the time, as vacancies occur. Mr. May clarified vacancy/occupancy rates. At 95% occupancy, rates will stabil/ze. Cm. McCormick asked if with a 95% occupancy, a sign would ideally stay up all the time. Mr. May stated not necessarily. They would operate within the guidelines established. There is a need to promote that apartment to people looking for a place to live. This is not something that his industry has actually had to address in a long long time. CITY COUNCIL MINUTES VOLUME 9.1 REGULAR MEETING December 3, 2002 PAGE 609 Cm. Sbranti asked about vacancy rates over the last few quarters. Numerically how have vacancy rates shifted? Mr. May stated occupancy has declined slightly in Dublin, when you factor in new properties which have come on line. When you compare this with what has happened with rents, they have dropped. Some folks have dropped their rents so drastically, they are losing money and are unable to recoup their investment. Cm. Sbranti asked about percentage of reni drops. Mr. May stated in the last 4 quarters, about 15%. They understand the laws of supply and demand. There needs to be a level playing field and a way to advertise. Signs drive prices down. Mayor Lockhart commented on what our neighboring cities do, and what we legally allow. Cm. Zika stated he liked the San Ramon idea. They allow 12 square feet signs and a maximum of 90 days per year. We spent a lot of time going over the Sign Ordinance and have made a concerted effort to try and get the junk out of our community. He stated this is as far as he would be willing to go and we should require strong enforcement. He stated he did not realize apartment owners weren't allowed to have any signs whatsoever because they are considered residential. Again, he stated he likes San Ramon's requirements. Cm. Sbranti indicated he liked the idea of 15 days on and 45 days off and this actually comes out to about the same per year. Every two months, they can make a push. 12' is not too big. They do need to be able to advertise their product. Cm. Sbranti stated he supports 15 on and 45 off. Bruce Fiedler stated he manages apartments and hopes as we go forward and he agreed that every business needs to be able to advertise their product~ and the way they do it is important. Flimsy signs look bad. A rigid background sign has a better chance of being neat in our community. We should have some planning here so this goes through the process. Staff expertise could be brought into play. We live here and what we see on the streets has a direct effect on our homes. Mayor Lockhart asked if there are specific standards with temporary signs or is a banner considered the same thing? CITY COUNCIL MINUTIdS VOLUME 21 RE. GULAR December' 3, 2002 PAGE 6] 0 Mr. Byde discussed temporary promotional signs, balloons and banners. Within banners, there is no regulation on color or placement. There is also an allowance for a temporary onsite for lease sign. A 16 sq R sign is limited to 1 sign per 100 feet of frontage and has other stipulations such as text and phone numbers, etc. The City Council discussed rigid signs, promotional signs, banners, etc. If it is a temporary sign, these are easy to come down. Mr. Byde talked about some special allowance with design criteria to amend monument signs. One complex has added to their sign - vacancies. Staff could come up with some design criteria to fit within standards and expedite the process. It could be slipped into a slot. Cm. Oravetz suggested adopting San Ramon's idea and send it along to the Planning Commission and also incorporate Mr. Byde's suggestions. Mr. Byde stated they could have hooks and have a sign which could be permanent as part of their sign. Mayor Lockhart stated she felt we also need to offer some kind of temporary signage during the year. Cm. Sbranti stated he has seen banners done with class. This is something the Planning Commission could look at. Mayor Lockhart stated we are actually offering them a combination. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council recommended that Staff take a report to the Planning Commission for consideration and study, which looks at San Ramon's ordinance on monuments, (15 days on and 45 days off and allow 12 square feet), and then bring it back to the City Council. , LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY TO MAINTAIN THE PORTION OF THE IRON HORSE TRAIL ON PROPERTY OWNED BY ALAMEDA COUNTY 9:08 p.m. 8.1 (600~40) Public Works Director Lee Thompson presented the Staff Report. This License Agreement will give the City of Dublin a license over the 50' wide property of the County for maintenance of the Iron Horse Trail and will allow assignment of the rights of the license to the East Bay Regional Park District (EBRPD). CITY COUNCIL MINUTES VOLUME g I December 3, 2002 PAGE 5 '~ t RESOLUTION NO. 03-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT CHAPTER 8.84, SIGN REGULATIONS OF THE MUNICIPAL CODE (ZONING ORDINANCE) PA 02-060 WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20-97) was adopted by the City Council on September 2, 1997; and WHEREAS, Staff has prepared a Staff report dated January 14, 2003, analyzing the amendment to the Municipal Code (Zoning Ordinance); and WHEREAS, the Planning Commission held a public hearing on said amendments to the Municipal Code (Zoning Ordinance), on January 14, 2003, for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its January 14, 2003, meeting considered all written and oral testimony submitted at the public hearing. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council find that the proposed amendment to Chapter 8.84, Sign Regulations (PA 02-060), have no possibility for a significant effect on the environment (CEQA, Section 1506 l(b)(3)), that the amendments are consistent with the General Plan and any applicable Specific Plan, and does recommend that the City Council amend said chapters of the Municipal Code (Zoning Ordinance) as shown in Attachment 3 to the January 14, 2003, Planning Commission Staff report for PA 02-060. PASSED, APPROVED AND ADOPTED this 14~ Day Of January 2003. AYES: Cm. Fasulkey, Jennings, Nassar, King and Machtmes NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:\PA#\2002\02-060\PC reso 1-6-03.DOC