HomeMy WebLinkAboutItem 6.1 Sign Regulations Zone Ord
CITY CLERK
File # D~[Q][Q]-[aJ[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 18, 2000
SUBJECT:
PUBLIC HEARING: P A 98-058 Zoning Ordinance Amendment to
Chapter 8.84 Sign Regulations of the Dublin Municipal Code
pertaining to vehic1e~igns and temporary promotional signage
related to balloons, pennaIiits and streamers.
Report Prepared by: Eddie Peabody, Jr., Community Development
Director
ATTACHMENTS:
1. Ordinance amending Chapter 8.84 Sign Regulations of the
Dublin Municipal Code.
2. Resolution establishing the enforcement policy for the Zoning
Ordinance Building Code, Housing Code and Property
Management Ordinance and Rescinding Resolution.
RECOMMENDATIO~\: ~:
3.
4.
5.
Open Public Hearing and hear Staff presentation.
Take testimony from the public.
Questions Staff and the public.
Close public hearing and deliberate.
Waive reading and adopt Ordinance amending Chapter 8.84 Sign
Regulations (attachment 1) of the Dublin Municipal Code.
6. Adopt resolution establishing the enforcement policy for the
Zoning Ordinance, Building Code, Housing Code, and Property
Maintenance Ordinance and Rescinding Resolution No. 234-99
FINANCIAL STATEMENT:
Additional Staff time to enforce sign regulations.
DESCRIPTION:
On December 21, 1999 the City Council introduced an Ordinance revising Chapter 8.84 Sign Regulations
of the Municipal Code pertaining to vehicle signs and temporary promotional signage related to balloons,
pennants, and streamers. Based on City Council changes at the December 7th meeting, this Ordinance
would:
Subject to a zoning clearance
1. Balloons - allow balloons smaller than 15" in diameter in commercial and industrial zones
provided that they not be displayed more than 10 feet above the ground.
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COPIES TO:
Vehicular Sign Committee
In-House Distribution
ITEM NO.---"d
g:planning-pa98-058/ccsr 1-18-00
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2. Allow balloons and inflatable devises over 15" in diameter for promotional events for up to
21 calendar days per year if they are ground mounted with the bottom of the balloon
touching the ground.
3. Prohibit streamers and pennants.
4. Change the temporary promotional sign permit time to 15 days of display time with no
new permit for a 30-day period.
Also the City Council directed that the Staff enforce these provisions of the Sign Ordinance without a
complaint. The resolution attached amends the City Council enforcement policy now embodied in
Resolution No. 234-99 to accomplish this direction.
Analvsis
As required by the Dublin Municipal Code, a second reading of the Ordinance is necessary prior to final
adoption of these amendments. The Ordinance would become effective 30 days after the second reading.
Adoption of the new enforcement policy resolution will ensure enforcement without complaint of these
prOVISIons.
Recommendation
Staff recommends that the City Council conduct a public hearing, deliberate, waive the second reading
and adopt an Ordinance amending Chapter 8.84 Sign Regulations of the Dublin Municipal Code. In
addition it is recommended that the City Council adopt the attached Resolution (Attachment 2) modifying
the enforcement policy to include enforcement without complaint.
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ORDINANCE NO.
AMENDING CHAPTER 8.84 SIGN REGULATIONS
OF THE MUNICIPAL CODE (ZONING ORDINANCE)
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 vehicle signs and temporary promotional
signage related to balloons, pennants and streamers 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, including Chapter 8.84 Sign Regulations is exempt
from the California Environmental Quality Act (CEQA). It can be seen with certainty that there is no
possibility that revising the Zoning Ordinance in this manner would have a significant effect on the
environment (Public Resources Code Section 15061(b)(3). Various changes to the Sign Regulations are
proposed which would not increase or create environmental impacts. These changes will have no
environmental impacts and are also exempt from the California Environmental Quality Act (CEQA)
because it can be seen with certainty that there is no possibility that such amendments would have a
significant effect on the environment; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on the
Ordinance Amendment on December 14, 1999 and did adopt a Resolution recommending that the City
Council approve an amendment to Chapter 8.84, Sign Regulations of the Municipal Code; and
WHEREAS, properly noticed public hearings were held by the City Council on December 21,
1999 and January 18,2000; and
WHEREAS, the 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 judgement and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, the City Council did evaluate the staff report, and testimony presented at the public
hearing and has concluded that the Amendments will improve the visual safety of motorists as well as
enhancing the visual character of present and future permanent signage in the City.
NOW THEREFORE, the City Council ordains as follows:
Section 1.
The recitals are adopted hereby.
ATTACHMENT 1
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Section 2.
Section 8.84.020.C (as re-Iettered) Balloons of the Dublin Municipal Code is amended to read as
follows:
C. Balloons. The term balloons shall mean any inflatable sign or balloon regardless of
size that is designed to be used as an advertising device for any business or
promotional event.
Section 3.
Section 8.84.020.DD (as re-Iettered) Pennant of the Dublin Municipal Code is amended to read as
follows:
DD. Pennant. The term Pennant shall mean any tapering flag used for signaling or
identification.
Section 4.
Section 8.84.020.KK (as re-Iettered) Streamer of the Dublin Municipal Code is amended to read as
follows:
KK. Streamer. The term Streamer shall mean a long, narrow banner, flag, or pennant.
Section 5.
Section 8.84.020.MM (as re-Iettered) Temporary Promotional Signs of the Dublin Municipal
Code is amended to read as follows:
MM. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean
temporary banners, flags, balloons as regulated in section 8.84.050(T), searchlights
and similar advertising devices when used only for special promotional events.
Section 6.
Section 8.84.020.QQ (as re-Iettered) Vehicular Sign of the Dublin Municipal Code is amended to
read as follows:
QQ. Vehicular Sign. The term Vehicular Sign shall mean any sign permanently affixed to
an operable, or inoperable vehicle currently registered as a motor vehicle which is used
in the normal course of business.
Section 7.
Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District, Matrix A of the
Dublin Municipal Code is amended to read as follows:
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MATRIX A
SIGN APPROVALS AND DECISIONMAKER AUTHORITY BY ZONING DISTRICT *
Sign Type A R-l, R-2, C-N C-O C-l C-2 M...P,
R-M M-l, M-
2
Awning L 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 X X CUP (PC) CUP(PC) CUP (PC) CUP(PC) CUP(PC
Readerboard )
Freestanding 20' or L X ZC X BP BP BP
less in ht.
Freestanding X X X X SDR SDR SDR
greater than 20' in
height
Grand-Opening X X ZC ZC ZC ZC ZC
Identification * * ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR
Master Sign SDR(Z X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(Z
Program A) A)
Office Building X X ZC ZC ZC ZC ZC
Master ID
Off-Site BP BP BP BP BP BP BP
Residential
Development
Directional
Off-Site L X ZC ZC ZC ZC ZC
Temporary For
Sale or Lease
Open- House X Permitted X X X X X
Permanent Banner X X X X SDR(ZA) SDR(ZA) SDR(Z
Sign A)
Proj ecting L X BP BP BP BP BP
Service Station X X ZC X ZC ZC ZC
Display Structure
Service Station X X ZC X ZC ZC ZC
Price Sign
Special Easement L X ZC ZC ZC ZC ZC
Temporary X X ZC ZC ZC ZC ZC
Promotional (15-
Day)
Tenant Directory X X BP BP BP BP BP
Wall L X BP BP BP BP BP
Window X X BP BP BP BP BP
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Section 8.
Section 8.84.050.J-14 Signs Subject To Permits of the Dublin Municipal Code is amended tO,read
as follows: .
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.
Section 9.
Section 8.84.050.0 (as re-Iettered) Pole Signs of the Dublin Municipal Code is amended to read as
follows:
o. Pole Signs. Pole Signs are permitted per Section 8.84.050.S.
Section 10.
Section 8.84.050.T (as re-Iettered) 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. A
minimum waiting period of thirty (30) consecutive calendar days between permits is
required, with the exception of balloons as defined herein. 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 calendar year. Zoning clearance( s) may be issued
for periods less than 15 days.
Section 11.
Section 8.84.150.B (as re-Iettered) Prohibited Signs of the Dublin Municipal Code is amended to
read as follows:
B. Balloons. Any singular or clustered balloon(s) up to 15 inches in diameter used for
advertising purposes and attached to any structure, vehicle, pole, or sign which is
located in any Commercial or Industrial Zone by designated Planned Development or
standard Commercial or Industrial Zone, which is displayed higher than 10- feet above
the ground.
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Section 12.
Section 8.84.150.H (as re-Iettered) On Public Property of the Dublin Municipal Code is amended
to read as follows:
H. On Public Property. Any'sign whether portable, temporary or permanent in nature
located in public roadways rights of way, public sidewalks, public roadway medians
or on public property except the following:
Section 13.
Section 8.84.150.J (as re-Iettered) Pennants of the Dublin Municipal Code is amended to read as
follows:
J. Pennants. Either directly or indirectly attached to any structure or pole.
Section 14.
Section 8.84.150.N (as re-Iettered) Streamers of the Dublin Municipal Code is amended to read as
follows:
N. Streamers. Either directly or indirectly attached to any structure or pole
Section 15.
Section 8.84.150.T (as re-Iettered) Vehicular Signs of the Dublin Municipal Code is amended to
read as follows:
T. Vehicular Signs. Any sign that exceeds 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 24 hours continuously or 84
hours in any 7 day period.
Section 16. Conformin2 Amendment. Chapter 8.84 shall be re-numbered and/or re-Iettered as necessary
to accommodate and/or reflect the forgoing amendments.
Section 17 . Severability.
The provisions of this Ordinance are severable and if any provisions, 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,
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clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons
or circumstances.
Section 18. Effective Date and Postin2 of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 39633 of the Government Code of
California. "
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 18th day of January 2000, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
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RESOLUTION NO.
- 00
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*****************
ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE,
BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE;
AND RESCINDING RESOLUTION NO. 234-99
WHEREAS, on November 4, 1997, the City Council of the City of Dublin did adopt Resolution
No. 134-97 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance
violations; and
WHEREAS, Resolution No. 234-99 identified both Administrative Procedures and Enforcement
Policies; and
WHEREAS, the actual procedures for enforcing a particular law and already covered in City
Ordinances and applicable sections of the State Law, however, this resolution provides additional
clarification of enforcement provisions; and
WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning,
Building, Housing and Property Maintenance Ordinance Violations; and
WHEREAS, the City Council desires that certain enforcement issues be enforced without a
complaint and that others be enforced on a complaint basis only; and
WHEREAS, it is necessary to rescind Resolution No. 234-99 for minor amendments regarding
sign regulations and adopt a new resolution.
NOW THEREFORE BE IT RESOLVED: the City Council does hereby adopt the
"Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance
Ordinance", attached hereto as identified as Exhibit 1.
BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No. 234-99.
BE IT FURTHER RESOLVED: the City Council does hereby direct Staff to provide one verbal
warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding
the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by
citations and fees.
ATTACHMENT 2
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PASSED, APPROVED AND ADOPTED this 18th day of January, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
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v
ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE,
AND PROPERTY MAINTENANCE ORDINANCE
This procedure is to be followed in investigating complaints about and enforcing possible violations of the
Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance.
A. THE FOLLO\VTNG SHALL BE ENFORCED ON A COMPLAINT BASIS:
1. Home Occupations.
2. Sheds visible over fences and walls.
3. Sign Regulations \vith the exception of those signs identified in B-4, B-5, B-15, B-16, and B-17
below.
B. THE FOLLO\VTNG SHALL BE ENFORCED WITHOUT A COMPLAINT:
1. Building work actually observed to be under construction without permits.
2. Violations observed on property where the inspector has a legitimate reason to be on the property,
such as a routine follovv-up on aVariance or Conditional use Permit, or when inspecting
construction under a permit.
3. Conditions brought to the attention of the City in any manner which involve public health and
safety .
4. A-frame signs.
5. Banner signs without permits
6~ Living or sleeping in vehicles parked or stored on a lot.
7. Location of required parking spaces.
8. Outdoor display of merchandise.
9. Off-street recreational vehicle parking.
10. Parking of unlicensed or inoperable vehicles.
11. Parking within a designated parking space.
12. Property Maintenance Ordinance.
13. Rep*, of automobiles or other vehicles which are not registered to the occupant of a residence.
14. .Repair or dismantling of a vehicle in front of a residence.
15 . Temporary political signs.
16. Temporary promotional signage related t6 balloons, pennants and streamers.
1 7 . Vehicle signs.
18. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related to On-Site
Established Businesses. Such a sale would be by a non-Dublin business that is not an on-site
estabiished Dublin business with all necessary licenses and permits.
SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT
RECEIVED.
In establishing this policy, the City Council recognizes that a person whose property is being investigated
may point out several similar violations in the immediate area. It may be inequitable to require abatement
of a violation when the same violation may exist in the immediate vicinity and is not investigated because
Exhibit 1
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a complaint is not received. In such situations any violation in the immediate vicinity which is similar in .
nature and readily visible or which is pointed out to the investigator will be enforced as though a
complaint had been registered.
ANONYMOUS COMPLAINTS.
All anonymous complaints will be investigated. However, no action will be taken on anonymous
complaints where the City Manager, Community Development Director or Building Official determines
that the matter does not warrant further action. These cases would be closed following the investigation
and a determination by the City Manager, Community Development Director or Building Official.
COMPLAINT INFORMATION
Any person making a complaint shall give their name, address, and phone number. This is necessary so
that the complainant can be contacted and adv~sed of the status of the investigation. It may also be
necessary to contact the complainant to secure additional information regarding the problem.
n,rVESTIG.~TIONS OF COMMPLAINTS ARE NOT PUBLIC RECORDS.
Section 6254 of the Government Code provides that records of investigations of complaints are not public
records. Therefore, investi2:ations of comolaints will be kept confidential. and information will not be
disclosed except as required by a court order.
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(925) 461-4972
RECEIVED
JAN 1 8 2000
CITY OF DUBLIN
WILLIAM F. BURNS, ESQ.
855 Main St. Suite 210
Pleasanton, Califoniia 94566-6650
January 18, 2000
HAND DELIVERED
Mayor Guy Houston
City of Dublin
100 Civic Plaza
Dublin, California 94568
Re: City Of Dublin's New Ordinance Prohibiting
Balloons For Advertisement At Car Dealershios
Dear Mayor:
I am counsel for Crown Chevrolet Inc. My client wishes to formerly object to Council Person
Janet Lockhart from voting on matters which directly effect Crown Chevrolet. Specifically, at
the City's recent hearing at which time adoption of an ordinance prohibiting the use of balloons
for advertisement at car dealerships was made, Mrs. Lockhart voted in favor of the ordinance.
At that time of her vote she was involved in lit!gation with Crown Chevrolet. Although that
litigation between Mrs. Lockhart and Crown has since concluded by" mutual settlement Crown
Chevrolet still retains a judgment against her husband Steve Lockhart. The ill will between the
litigants has not disappeared as a result of the settlement. Crown believes that the City of Dublin
is best served by impartial and unbiased voting by members of its Council and accordingly, it is
requested that Mrs. Lockhart refrain from voting on matters which directly effect Crown
Chevrolet Inc.
Respectfully,
~FWILLIAM F. BURNS
WILLIAM F. BURNS, ESQ.
WFB/tbh
CC. Dublin City Council