HomeMy WebLinkAboutItem 8.7 Temp&PortableSignsConcrns (2)
CITY CLERK
File # D~r75l[Q]-~[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 13,1996
Concerns Regarding Temporary And Portable Signs
(Prepared by: R. Kachadourian, Assistant Planner/Zoning Investigator)
EXHIBITS A TT ACHED: Attachment 1: Photographs of Several Portable and Temporary Signs
Attachment 2: Resolution 104-95, City Council Enforcement Policy
SUBJECT:
RECOMMENDATION: :r 1) Receive Staff presentation
/J..N 2) Give Staff Direction Regarding Temporary and Portable Sign
. 'V Enforcement
FINANCIAL STATEMENT: None
DESCRIPTION:
At the City Council meeting of July 23, 1996, Staff was requested to present a report to the City Council
which addressed the issue of portable and temporary signs being used throughout the city. There are a
number of portable and temporary signs erected throughout the downtown area, as shown by the
photographs in Attachment 1. Most ofthe portable signs are usually placed adjacent to the sidewalk.
Various types of temporary banner signs are also being used and are usually placed on building frontages.
The total number of temporary signs in Dublin, as of this date is unknown, although most commercial
streets have notable examples of these kinds of signs.
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Types of Signs Used
The sign regulations of the Zoning Ordinance, Chapter 8.08 ofthe Dublin Municipal Code, defines these
types of signs as follows:
. A-Frame Sign, Portable Sign, and Sandwich board signs are portable signs capable ofstanding
without support or attachment. .
. Banner Signs are temporary signs composed of light weight, flexible, non-ridged material either
enclosed or not enclosed in a rigid frame.
. Temporary Signs are any sign, banner, pennant, valance, or advertising display constructed of cloth,
canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames,
intended to be displayed for a limited veriod of time only.
Regulation of Signs
. Section 8.08.150 (A), of the sign regulations vrohibits the use of any 'A '-Frame, Portable Sign or
Sandwich board Sign.
. Section 8.08.150 (0), vrohibits Temporarv Signs. excevt as approved in conjunction with approved
signage for Grand-Opening, Permanent Banner or Temporary Promotional Signs.
. Section 8.08.220 (F), specifies that any signs and their supporting members which are temporary are
. considered illegal signs that are subiect to summary (immediate) removal.
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COPIES TO: In-house distribution
ITEM NO.
8.1
The Ordinance recognizes the needs of businesses for promotional advertising and allows the use of
temporary promotional advertising displays, such as banners, balloons, and pennants for grand-opening
events or other promotional advertising purposes, with the approval of a Zoning Clearance.
. Enforcement
Per the adopted City Council Policy, Resolution No. 104-95, approved on August 22, 1995 (Attachment
2), the enforcement of the Zoning Ordinance, which includes the sign regulations, is handled only if a
complaint is received. In the past year, Staff has only received one complaint regarding the use of several
portable signs by business tenants on a property. Per the Council's enforcement policy, Staff does not
provide any pro-active enforcement on signs. As a result, the number of illegal signs has continued to
multiply since the adoption ofthe City's new Sign Ordinance which was adopted on August 22, 1994.
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RESOLUTION NO.1 04 - 95
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
'" '" '" '" 1< '" '" 1< '"
ESTABLISHING A POLICY FOR ENFORCEMENT OF
ZONING, BUILDING, HOUSING, A~"D PROPERTY MAINTENANCE VIOLATIONS
AND RESCThTDING RESOLUTION NO. 63-88
VlHEREAS, the City Council of the City of Dublin did by Resolution No. 63-88 adopt a Resolution
establishing a policy for enforcement of Zoning, Building, Housing and Property MaintenaI1ce violations and
rescinding Resolution No. 75-84; and
\VHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies; and
\VHEREAS, the City Council has recently adopted an ordinance amending the Zoning Ordinance
regarding Outdoor SaJes and Activities; and
\VHEREAS, the City Council is desirous of establishing an enforcement policy regarding Outdoor SaJes
and activities which is consistent with the established policy for enforcement of Zoning, Building, Housing and
Property Maintenance violations; and
\VHEREAS, the actuaJ procedures for enforcing a particular law are aJready covered in City Ordinances
-.:;.. 8?ElicCible sections of the State Law; and
WHEREAS, it is necessary to rescind Resolution No. 63-88 and adopt a new Resolution which includes
the Outdoor SaJes and Activities.
NOW, TIIEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt
the "Enforcement Policy for Zoning, Building, Housing, Construction Work Without Permit and Property
Maintenance Ordinance Violations", attached hereto and identified as Exhibit "A".
BE IT FURlRER RESOLVED, that the Resolution No. 63-88 is hereby rescinded.
PASSED, APPROVED AND .ADOPTED this 22nd day of August, 1995.
A'i"ES:
Councilmembers Barnes, Burton, Howard, Moffatt and.Mayor Houston
NOES:
None
A.BSENT:
None
A.BSTAJN: None
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Mayor
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ATTACHMENT l
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EXHIBIT "A"
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ENFORCEMEt'-I'T POLICY FOR ZONING, BUILDING, HOUSING,
CONSTRUCTION OF WORK WITIlOUT PERMIT, AND
PROPERTY MAlNIENANCE VIOLATIONS
This procedure is to be followed in investigating complaints regarding possible violations of building regulations,
construction work without pennil, zoning ordinances, housing codes, and violations of the Property Maintenance Ordinance.
GEJ'...'ERAL POLICY - ThTVESTIGA TION ON COMPL.L>JNT BASIS
These ordinances generally will be enforced on a complaint basis except that:
1. Building work actually observed to be under construction without permits will be investigated without a complaint.
2. Violations observed on property where the inspector has a legitimate reason to be on property, such as a routine
follow-up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit,
violations observed on the property will be investigated without a complaint.
3. Conditions brought to the attention of the City in any manner which involves public health and safety.
COMPLATh1"f INFORMATION
Any person making a complaint shall give their name, address, and telephone number. This is necessaI}' so that the
complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the
complainant to secure additional information regarding the problem.
'.
:.::':...3e...'1:ion 6254, of the Government Code, provides that records of investigations of complaints are not public records.
. .' Therefore, investigations of complaints will be kept confidentiaL and information will not be disclosed except as required by a
court order.
EXCEPTIONS TO COMPLAINT INFORMATION
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 are not investigated because a complaint is not received.
4. Therefore, whenever the situation discussed above occurs, any violation in the immediate vicinity which is similar in
nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had
been registered.
5. In addition, violations of the Zoning Ordinance relating to outdoor sales and activities by non-Dublin businesses
will be processed as though a complain[ had been registered. A non-Dublin business refers to one that is not an on-
site, established Dublin business with all necessary business licenses and permits.
~~O~~OUSCOMPLATh'TS
All anonymous complaints ,,,,ill be investigated. However, no action will be taken on anonymous complaints where the City
Manager, Planning Director or Building Official determines the matter does not warrant further action. These cases would be
closed follo'\\ing the investigation and a determination by the City Manager, Planning Director or Building OfficiaL
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. . : g:agenda\a:agstnil
ATTACHMENT Z-.
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