HomeMy WebLinkAboutItem 7.1 ModifZnOrdEnforcePolicy (2)
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CITY CLERK
File # D~[Q][l2]-[3JfQJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 4, 1997
SUBJECT:
Modifications to Zoning Ordinance Enforcement Policy (Political Signs)
(Report prepared by Eddie Peabody, Jr., Community Development Director)
EXIDBITS ATTACHED: 1)
2)
Revised Resolution of Zoning Ordinance Enforcement Policy
Excerpt from Sign Regulatio~s Chapter 8.84
(Temporary Political Signs pg. 84-26)
Memo from the City Attorney dated October 30, 1997
Excerpts from Section 5405.3 Business & Professional Code
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RECOMMENDATION: J 1)
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3)
Hear Staff presentation
Adopt Resolution, including temporary political signs as enforced
without a complaint
Give direction to Staff to prepare any changes to the temporary
political sign requirements in Section 8.84 (K-4) if appropriate
FINANCIAL STATEMENT:
Minimal extra staff time
DESCRIPTION:
On August 19, 1997, the City Council adopted a new Zoning Ordinance and Enforcement Policy
(Resolution 104-97) that established complaint/discretionary enforcement of various zoning ordinance
violations. The City Council requested at that meeting that staff return with recommendations regarding
possible priority changes regarding Temporary Political Signs and Temporary off-site outdoor sales
operations. Staff and the City Attorney have researched state law regarding the location of political signs
within 660 feet ofInterstate 580,680 in the City. Direct contact with Cal Trans has confirmed the
following:
. Political Signs that are visible along designated landscaped freeways are prohibited.
. All ofI-680 within the City of Dublin has been classified as a landscaped freeway.
. Portions ofI-580 within the City (near Tassajara Road to 1-680 interchange) have been classified as a
landscaped freeway.
As noted by the City Attorney, local ordinances may not conflict with state law. Given the state
requirements, the City Council may wish to make minor changes to the sign ordinance that prohibits
temporary political signs just along 1-680 and those portions ofI-580 mentioned above or leave the
language as is (section 8.84 K-4) on page 84-26 of the ordinance.
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COPIES TO:
ITEMNO.~
g:agenda/97/enforcmt
RECOMMENDATION:
If Council wishes staff to make the removal of temporary political signs a top priority, it is recommende~
that the Council amend the Zoning Ordinance Enforcement Policy to enable staff to take action regardin.
political signs without a complaint. Give Staff direction if the Council wishes any changes to the
locational criteria for temporary political signs.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING
CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING
RESOLUTION 104-97.
WHEREAS, on August 19, 1997, the City Council of the City of Dublin did adopt Resolution 104-97
establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations, and
WHEREAS, Resolution 104-97 identified both Administrative Procedures and Enforcement Policies; and
WHEREAS, the actual procedures for enforcing a particular law are 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. 104-97 for minor amendments regarding temporary
political signs 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
and identified as Attachment 1.
BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No.1 04-97.
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.
PASSED, APPROVED AND ADOPTED this 4th day of November, 1997.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
g:agenda/97/enforcmt
EXHIBIT I
2
Attachment" 1 "
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.
THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS:
1. Home Occupations.
2. Sheds visible over fences and walls.
3. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit.
THE FOLLOWING 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 follow-up on a Variance 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.
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4. A-frame signs.
5. Banner Signs without permits.
6. Outdoor display of merchandise.
7. Off-street recreational vehicle parking.
8. Property Maintenance Ordinance.
9. Repair of automobiles or other vehicles which are not registered to the occupant of a residence.
10. Repair or dismantling of a vehicle in front of a residence.
;t,~f;l1111::1iilill.!!!ll!:I!I!fl~:li~~"!~!lili::~:!1::!
12. Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site
Established Business. Such a sale would be by a non-Dublin business that is not an on-'site .
established Dublin business with all necessary licenses and permits.
EXHIBIT I
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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
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 advised of the status of the investigation. It may also be
necessary to contact the complainant to secure additional information regarding the problem.
INVESTIGA nONS OF COMPLAINTS ARE NOT PUBLIC RECORDS
Section 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.
EXHIBIT J
Lj
SIGN REGULATIONS
Chapter 8.84
4.
State that the property is for sale, lease or exchange by the owner or his or her agent
and the name, address and phone number of the owner or agent and/or agency and
directions;
5. Be constructed of wood, plywood, metal or other rigid material; and
6. Not be placed on a private or public right-of-way.
J. Private Recreational Signs. Signs which are within private recreational property and which
cannot be seen from a public street or adjacent properties:. .,
K. Temporary Political Signs. Temporary political signs provided they shall:
1. Be removed within 10 calendar days following the election.
2. Be placed on private property.
3. Be no more than sixteen (16) square feet per side in area per individual sign and up
to eighty (80) square feet of maximum aggregate area per lot.
4.
Not be placed within the public right-of-way or within 660 feet of and visible from
the right of way of Interstate 580 or Interstate 680.
L. Vehicular Signs. A vehicle with Vehicular Signs affixed shall be parked on the property on
which the business is located, and as close as practical to the business it serves. The vehicle
shall not be used as a sign platform or for the sole purpose of attracting people to a place of
business.
City of Dublin Zoning Ordinance
84-26
September, 1997
EXHIBIT ~
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-OCT-30-97 THU 10:39
MEYERS,NAVE,RIBACK&SILV.
FAX NQ 510 351 4481
P.02/03
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UICHA.EL It. NA~
SrevEN R. MEYERS
RlZABETH H. SILoVER
MIC/'IAEl S. R18ACK
Ia;NN~ ^- W't.C:Ofol
DA.VlD W. Sl<lHN5R
STEVEN T. MATIAS
CUfF-ORe F. CAMPIlEU.
MJCHAa F. AOPRIQUEZ
KATHl.fEN FAUBION. AlC?
RICK W. JAAVlS
"-~M.~TO
PEBBlE F. LATHMl
WAYNE K. SNOOGAASS
ARNE B. SANDBERG
BENJAMIN 1'. ,"AY
DANIEL A MULlE~
LIANE M. RANDOLPH
PA'ffilCK WHITHEU-
KATHARINE G. WELLW.N
WIlUMI S. HIGGINS
GARY A. WATT
:MEYERS, NA VB, RIBACK, SILVER & WILSON
A PROFESSIONAL LAW CORPORATION
N0FlTt111A Y OFJ9Cf;
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO. CALIFORNIA 94571
TELEPHONE: (510) 351.4300
FACSIMILE: (S10) 351-4481
555 FIFTH STREET, SUITE 230
SANTA ROSA. CA 95401
TELEf"t1Ul'lt; (707) 54:>-8009
r...CGlMILE: (707) 54:Hla1t
CENTRAL VALLEY OFACE
'250 CLAREMONT AVENUl1
STOCKTON, CA 9!1~~7
TELEPHONE: (;lOW 951-4080
J'ACSrMILE, (:lOIlI lli'.3009
MEMORANDUM
or COUti~1.
AN~ J. 6AI..~
CERTIFIED APPEUA'l'E SPEClALl~T
TO:
Eddie Peabody
Community Development Director
City of Dublin
DATE: October 30,1997
FROM:
Elizabeth H. Silver
City Attorney
RE: Restriction on Temporary Political Signs along Interstate Right-of-Ways
The basis for Dublin Municipal Code section 8.84.140 (K)(4), banning temporary
political signs wit.hin 660 feet of Interstates 580 and 680, is section 5105.3 of the
California Business & Professional Code. Section 5404.3 prohibits the placement of
poli~ical signs I1within the right-of-'vvay of any highw.dY or within 660 feet of the edge of
and visihle from the right-of-way of a landscaped freeway." Section 5404.3 docs allow
temporary political signs to be located within 660 feet of an llIlIandsc~ped freeway unless
.. a federal agency determines thal such placement would violate federal regulations."
Interstate 680 is a defined Caltrans landscaped freeway and Interstate 580 from
680 to Tassajara Road is likewise defined by Caltrans as a landscaped freeway.
Accordingly; no temporary political signs can be located 'Within 660 feet of 1-680 and this
portion of 1-580 if the signs are visible from either freeway.
Because portions of Interstate 580 are not landscaped in Dublin, the Council could
amend Municipal Code section 8.84.140(K)(4) to allow temporary political signs within
660 feet of such portions of Interstate 580 (west of 1-680 and east of Tassa;ara Road) so
long as such portions remain unlandscaped and no federal agency has determined mal the
EXHIBIT"
.OCT-30-97 THU 10:40
MEYERS,NAVE,RIBACK&SILV.
FAX NO. 510 351 4481
P. 03/0~
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TO:
fROM;
RE:
DATE:
PAGE:
Eddie Pf;'..(Ibody, Economic Development Director.
Elizabeth H. SlIver, Cay f\.ttomey
Restriction on Temporary Political Sign); along Interstate Right-of-Ways
October 30, 1997
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placement of temporary political SigIl~ along Interstate 580 would violate federal
regulations.
Very truly yours7
MEYERS. NAVE, RIBACK, SILVER & WILSON
)6z5 S::h~-'
Elizabeth H. Silver
EHS:WSH:rja
c: Richard Ambrose7 City Manager
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J ,\WJlDWNMW\114\O 1 \Ml:MO\OC'!''77'\P'OL-SGNS .30
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EXHIBIT 3
BUSLl\,t:SS AND PROFESSIONS CODE
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Displays prohibited;
exceptions
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Message center
displays
T emportL"}' political
signs
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(a) If within a distance of 300 feet from the point of intersection of highway or of highway and railroad right-of-".ay
lines, except that this does not pre\'ent the placing of advenlsing display on that side of an intercepted highway that is
opposite the point ofimerception. But in case any permanent building, structure or other object prevents any traveler on
any such highway from obtaining a clear view of approaching vehicles for a distance of300 feet, then advertising displays
may be placed on such buildings, structure or other object if such displays will not funher obstruct the vision of those
approaching the intersection or interception, or if any such display does not project more than one foot therefrom.
(b) If placed in such a manner as to prevent any traveler on any highway from obtaining a clear view of approaching
vehicles for a distance of 500 feet along the highway.
(Added by Slats. 1970, Ch 991.)
5405. Notwithstanding any other provision of this chapter, no advertising display shall be placed or maintained within 660
feet from the edge of the right-of-w3Y of. and the copy of which is visible from, any interstate or primary highway other
than the following:
(a) Directional or other official signs or notices that are required or authorized by law, including, but not limited to,
signs penaining to natural wonders, and scenic and historical attractions, and which comply with regulations adopted by
the director relative to their lighting, size, number. spacing, and any other requirements as may be appropriate to
implement this chapter which are consistent with national standards adopted by the United States Secretary of
Transportation pursuant to subdivision (c) of Section 131 of Title 23 of the United States Code.
(b) Advertising displays advertising the sale or lease of the property upon which they are Jocated, if all advertising
displays within 660 feet of the edge of the right-of-way of a bonus segment shaJI comply with the regulations adopted
under Sections 5251 and 5415.
(c) Advertising displays which advertise the business conducted, services rendered, or goods produced or sold upon
the property upon which the advenising display is placed. if the display is upon the same side of the highway as the
advertised activity; and if all advenising displays within 660 feet of the right-of-way of a bonus segment comply with
the regulations adopted under Sections 5251,5403, and 5415; and except that no advertising display shall be placed after
January I. 1971. if it contains flashing. intermittent or moving lights other than that part necessary to give public service
information including, but not limited to. the time, date. temperature, weather, or similar informati on, ora message center
display as defined in subdivision (d).
(d) (1) Message center displays, which comply with Article 6 (commencing with Section 5350) and Article 7
(commencing with Section 5400). As used in this subdivision. message center displays are displays which have a
changeable message which may be changed by electronic processes or by remote control. The illumination of a message
center display is not the use of a flashing, intermittent or moving light for purposes of subdivision (b) of Section 5408,
except that no message center display may include any illumination which is in motion or appears to be in motion or
changes in intensity or exposes its message for less than four seconds, nor may the interval between messages be less than
one second. No message center display may be placed within] .000 feet of another message center display on the same
side of the highway. No message center display may be placed in violation of Section 131 of Title 23 of the United States
Code.
(2) Any message center display located beyond 660 feet from the edge of the right-of-way of an interstate or prim:l1}'
highway and permitted by a city. county. or city and county on or before December 31. I 988. is in compliance with article
6 (commencing with Section 5350) and Anicle 7 (commencing with Section 5400) for purposes of this section.
(3) Any message center display legally placed on or before December 31, ]989, which does not conform with this
section may continue to be maintained under its existing criteria if it advenises only the business conducted,services
rendered. or goods produced or sold upon the property upon which the display is placed.
(4) Tnis subdivision does not prohibit the adoption by a city. county, or city and county of restrictions or prohibitions
affecting off-premises message center displays which are equal to or greater than those imposed by this subdivision, if
that ordinance or regulation does no! restrict or prohibit on-premises advertising displays, as defined in Chapter 2..5
(commencing with Section 5490).
(e) Advenising displays erected or maintained pursuant to regulations olLheJirecror. not inconsistent with the national
policy set forth in subdivision (f) of Sectio;1 13 I of Title 23 of the United States Code and the standards promulgated
thereunder by the Secretary ofTranspor..ation, and designed to give information in the specific interest of the tl'"2veiing
publi c.
(Amended by SIms. 1975, Cll. 1074; Amended by Stats 1989, elL 691.)
54G.5.3. Nothing in this chapter. including. but not limited to, Section 5405. shall prohibit the placing oftemparaJ')' political
signs, unless a federal agency determines that such placement would violate fede.--aJ regulations. However, no such sign
shall be placed wit.llln the right-of-way of any highway or within 660 feet of the'edge of and ~ from the right-of-
way of a landscaped freewa)':
A temporal)' poiitical sign is a sign which:
(a) Encourages a panicular vote in a scheduled election.
(b) Is placed not sooner than 90 days prior to the scheduled ejection and is removed within 10 days after that election.
(c) Is no larger than 32 SQuare feel.
(d) Has had- a statement ~f responsibiiitv filed with the decanment certifying a person who will be responsible for
removing the temporary pOiiticai sign alld 'who will reimbur;e the department for any cost incurred to remove it
(Added by Stars. 1979, Ch 1054.)
"06 . 1996 Planning, Zoning, and Development Laws
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