HomeMy WebLinkAboutItem 8.1 AmendSignRegulations (2) CITY CLERK'
File #450-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1, 1999
SUBJECT:
PA 98-056, Study Session on Zoning Ordinance Sign Regulations
Amendments. (Report prepared by: Buzz Kalkowsk~, Asslstant
Planner/Code Enforcement)
ATTACHMENTS: 1) Summary of Specific Sign Regulations Options.
RECOMMENDATION: 1)
Hear Staff presentation
Discuss Sign Regulations amendment issues
Provide Staff with comments and direction regarding:
· Vehicular Signs
· Large Balloon Signs
· Vehicular Dealership Sign pro,ams
FINANCIAL STATEMENT: Minor enforcement staff costs
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BACKGROUND:
As part of the 1998-99 Goals and Obi ectives, the City Council instructed Staff to evaluate certain possible
Sign Regulations changes. In particular, members of the Council asked staff to consider potential
amendments regarding Vehicular Signs, Large Balloons and Vehicle Dealership Signs.
Orl nance
on September 2, 1997, the' cOuncil adopted the comprehensive revision of the Dublin Zoning i .
Chapter 8.84, Sign Regulations, was adopted as part of that revision, staff has prepared a "Sumrfiary of
Specific Sign Regulations Options" (Attachment 1) in which Vehicular Signs, Large Balloon Sighs and
Vehicle Dealership Sign programs are discussed. '
VehiCUlar Signs. 'St~ffhas received complaints about'Vehicular Signs being used for the sole purpose of
attracting people to a place of business. Staff seeks guidance from the City Council on issues reI~ting to
Vehicular Signage in order to make the regulations more clear and implementable.
Large balloon signs. The current Sig-n Regulations permit balloons as Temporary Promotional ~igns.
Concerns have been raised about the visual impacts of such signs and their potential negative imphfi~S on
public safety. The issue of amortization of such signs is discussed should the City Council wish to
prohibit large balloon signs.
COPIES TO: Chamber of Commerce
In House DistribUtion
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above issues. Stuff Mll ~en prep~e a Zoning Ordin~ce ~en~ent if so desired by the Ci~ CO~cil.
S, ~,.r~c~ ~[,¢~¢.~ Co~ml he~ staffpresentat~o~, &scuss S~gn~egul~tmns men~ent
SUMMARY OF SPECIFIC SIGN REGULATION OPTIONS
1. VEHICULAR SIGNS
a. Zoning Ordinance definition and regulations regarding Vehicular Signs:
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8.84.020. Vehicular Sign. The term Vehicular Sign shall mean any sign permanently
affixed to an operable, drivable and currently registered motor vehicle which is used in
the normal course of business.
Furthermore Vehicular Signs are re~oulated by Section 8.84.140, Exempt Signs:
8.84.140. Exempt Signs. The following signs are exempt from obtaining a Sign Pe ~rmit
but shall comply with all other regulations of this article:
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.
b. Concerns regarding Vehicular Signs:
Some vehicular signs are apparently being used for the sole purpose of attracting per: >le
to a business. Often these signs appear as billboards on cars, vans or trucks. The Zoning
Ordinance language above states that "The vehicle shall not be used as a sign platform or fm the
sole purpose of attracting people to a place of business". However, the Ordinance provides ~no
standards for making that determination. Staff finds it difficult to document that a vehicle being
used for signage has a sole purpose of attracting people to a business. For example, if a vehicle
used for signage is operable, drivable and currentlY registered; is being parked "as close as
practical" to the business it serves; and is used in the "normal course of business", it is a lega, 1
Vehicular Sign under the Zoning Ordinance. Staff has no standard for what "as close as
practical" or "the normal course of business" is. Another concern is that vehicular signs are:
being parked in driveways rather than in marked parking spaces and therefore potentially
impeding traffic. Staffis also concerned that a lack of limitations on the size of vehicular signs
has resulted in very large signs that are unattractive and potentially dangerous if they interfere
with the visibility of vehicles and pedestrians in parking areas.
c. Adjacent Cities.
Livermore. Temporary signs may be placed on vehicles for 30 days per three month period, liThe
vehicle must be currently registered and operable.
Pleasanton. Signage must be attached to a building or free-standing. A sign on a delivery
vehicle is exempt from regulation. A delivery vehicle that does not have current registration'or
that is not operable would be considered an illegal sign and would be abated.
San Ramon. Signage must be attached to a building or free-standing. Vehicular signs for th~
sole purpose of advertising are not legal and are abated.
ATTACHMENT1
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Examples of Vehicular Signs:
Music unlimited at 6841 Dublin Boulevard (opposite City Hall) has "600 guitars" painted on
the side of a truck that faces Dublin Boulevard. The side of the Vehicle facing Dublin
Boulevard does not have the business name or address on it. This vehicle is parked in the
driveway of the business atan angle to make it visible from Dublin Boulevard. The ~'ehicle
is partially blocking driveway and impairs the vision of the public entering and leaving the
parking lot. The vehicle does not appear to have been moved for months. The sign is so
large that it covers the wheel wells of the truck which could make driving the vehicle
dangerous. -
American Furniture, 8909 San Ramon Road. One large track is no longer used for deliveries,
however, it remains parked so that it is visible from the San Ramon Road.
Zac's Cafe, 6715 Dublin Boulevard. A Pickup truck was used to mount a large sign
advertising the caf& Enforcement staff worked with the owner to replace the former sign
with signs painted on the side doors. A "Help Wanted" sign is currently placed in the'
vehicle's side window facing the street.
· Several barber shops:
· A Good Old Regular Barber shop, 7114 Dublin Boulevard. often this large van with
nearly all of the exterior painted in signage, is parked near Dublin BoUlevard, adjacent to
Carl's Junior. Staffhas had to remind the owner of the requirement for current
registration over the years. It was noted on March 18, 1999, that the van,s license
expired in September of 1998. When EnfOrcement warned the OWner again, the van was
moved to the side of the lot. The registration is still not current.
· Dublin Comer Barber Shop, 7453 Amador ValleY Boulevard. This shop had a large van
similar to the one above. Currently, the Walnut Creek owner is placing a sign reading
"~ BARBERSHOP" inside his Cadillac, behind the windshield,'
· Wayne's GUnShop, 7423 Amador. Valley BOulevard. 'Until recently, an old van with
signage, expired registration and flat tires was parked near the street along Amador ValleY
boulevard. The van was a continual source of complaints and Caused'much enforcement
activity, currently, the vhn is parked alOng Dublin B6Ulevard,'aCroSs from pat(N'Save at the
new location of the business.
Areas of Ordinance requiring clarification.
Staff seeks guidance from the City Council on the following issues:
What "as close as practical" to a business means. Possible options could be adjacent to
the business; near the business but not occupying close-in customer parking spaces as long as
it is not parked adjacent to the street; or anywhere on the property. Staff recommends that
the City Council choose the second option because it would preserve close-in parking for
businesses and still keep vehicular signs from being parked adjacent to the street.
Should the vehicle be required to be parked in a designated parking space? Staff
recommends that the City Council make this change to ensure that vehicular signs do not
impede circulation in parking areas.
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* What "normal courSe °fbusiness means' pOSsible oPtions Could be driving the'vehiCi .o
a daily basis; driving the vehicle over 5 miles a week; moving the vehicle (i.e., moving tl~e
vehicle a few inches or around the bloCk); or n° requirement at all. S~affrecommends th'at
the second option be chosen because it would set a clear but reasonable standard.
What size limitations should apply t° Vehicular signs? Possible Options cOuld be on~
four by four foot sign on each side ora vehicle; one two by two foot sign on each side ofh
vehicle; or no limitation on sign size. Staff reCommends that the City Council choose th~
first option because it provides a useful sign area and prevents large "billboard" signs on
vehicles. It is recognized that many vehicles (large trucks, delivery vans, etc.) have sign~
that are larger than four feet by four feet. These signs are normal for vehicles that are use~ in
the ordinary course of business. The City would reserve the right to not enforce this section
of the Ordinance until it was found that such vehicles were uSed for the sOle purpoSe of
attracting persons to a place of business.
Any changes that the City Council directs would be incorporated into the Ordinance in additi6n
to the existing provisions relating to vehicular signs.
LARGE BALLOONS/INFLATABLE SIGNS
Zoning Ordinance definition and regulations regarding large balloons.
Sec. 8.84.050 Signs Subject To Permits. 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 ShOwnin Matrix B, (Secti°n. 8.84.040!
and as follows:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursu4nt
to a Zoning Clearance may be placed on site for a maximum of thirty (30)
consecutive calendar days per permit when used for Special promotional events.
minimum waiting period of fifteen (15) Consecutive calendar days between permits is
required. 1
8.84.020 Definitions. For the purposes of these regulations, certain words and phrdses
shall be ~nterpreted as set forth in this Chapter unless ~t ~s apparent from the
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context that a different meaning is intended. Where any of the definitions'~in
this Chapter may conflict with definitions in Chapter 8.08, Definitions, .thg
definitions in this Chapter shall Prevail for the purposes of this Chapter.
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JJ.
Temporary Sign. The term Temporary Sign shall mean any sign, banner, pennant,
· valance, or advertising display constructed of cloth, canvas, light fabric, cardboard,
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plastic, plywood, wallboard, or other light materials, with or without frames,
intended to be displayed for a limited period of time only.
b. Concerns regarding large balloons.
Large balloons have been a fixture of the Dublin autO dealers, service stations and mattress
retailers for years. Concerns have been raised that balloons may be potentially dangerous
because they could distract motorists and because, if the break loose form the their moorings,
they might become physically hazardous. Concerns have also been raised that large balloons
have a negative impact on the image of the City of Dublin and are visually offensive.
c. Adjacent Cities.
Livermore. Large balloons are prohibited.
Pleasanton. Allows hot air balloons for eight hours only four times a year. It is required that the
balloons not resemble anything.
San Ramon. Prohibits tethered balloons and inflatable signs.
d. Examples of large balloon and inflatable signs:
· The balloons used by Crown Chevrolet, Dublin Honda, Dublin Auto Center, and Dublin
Toyota.
·Seasonal balloons, one 30 feet in height, used by Christmas tree sales lots.
· Balloons used for special sales events such as the Godzilla and King KOng balloons.
· Inflatable cellular telephones installed in front of cellular telephone businesses.
e. Possible options for changing the Sign Regulations regarding large balloons:
1. Prohibit all balloons 15 inches or greater in diameter within Commercial and
Industrial Zoning Districts.
2. Prohibit balloons 15 inches or greater in diameter, and all balloons of any size
sUpPorting streamers and, or, having a tether line exceeding five feet.
3. Make no changes to the Sign Regulations regarding the use of large balloons or
inflatable signs.
Staff recommends that the City Council choose the second option to prohibit balloons 15 inches
or greater in diameter, and all balloons of any size supporting streamers and, or, having a tether
line exceeding five feet. This action would eliminate balloon signage which is potentially
dangerous and has a negative impact on the visual image of the City of Dublin.
f. Amortization
Large balloons and inflatable signs, particularly customized balloons, can be expensive.
Should thc City prohibit them, the balloons would need to be phased out within a reasonable
amortization schedule. A conversation with a representative of an inflatable balloOn/sign firm
indicated that balloons have a normal two-year life span with continuous use and about five years
with intermittent use. Non-cUstOmized, generic balloons can be used at any location or for any
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business, need not be amortized, as they can be used elsewhere. Balloons customized for a
specific location and, or, business, such as the Crown Chevrolet Balloon could have a three ~ear
to five-year amortization period.
Staff has communicated with the Internal Revenue Service regarding the amomzauo.~
schedule for large balloons and inflatable signs. The IRS, after an ad hoc meeting of IRS ex'pens
in the Oakland office, Stated that no specific category exists for large balloons and inflatable',
signs. Their conclusion is that if the large balloons and inflatable signs are not permanently
attached and part of a building structure, they are tangible personal property and are not real
property with a 27-½ year depreciation schedule. The IRS further stated that personal prope~'ty
depreciation schedules are highly individual to the taxpayer's choosing, governed by personhl
property classifications, depreciation methods and the specific method's recovery period.
Generally, most tangible personal property is depreciated within three to seven years.
None of the custom-made, large balloons, currently used in Dublin, are known to be
permanently attached to a building. Given the high cost and rapid wear of the large balloons and
inflatable signs, it is likely the balloons in Dublin are treated by their owners as personal pro,~erty
and are written offusing the an accelerated depreciation schedule, probably within three to seven
years~
Staff recommends that, if the City Council wishes to prohibit balloon signage, that it
direct Staff to revise the Sign Regulations to provide an amortization schedule requiring remgval,
after a period of three years, of customized balloons or inflatable signs existing prior to the
ordinance amendment. If an owner of such customized balloon or inflatable sign can
demonstrate with appropriate records, to the satisfaction of the Director of Community
Development, that an amortization schedule beyond three years is appropriate, the Director may
extend the amortization period to a time demonstrated by such records·
For all balloons and inflatable signs determined to be non-customized or beyond the
amortization schedule period, the City would require immediate removal per Section 8.84.280.
3. VEHICLE DEALERSHIP SIGN pROGRAMS
a. zoning OrdinanceregUlationsregarding vehicle dealerships. The Sign Regulations
addresses Vehicle Dealership permanent signage (not promotional signage)'within Sectio,h
8.84.130.A,' Master Sign Program/Site Development Review as follows:
A. New signage for a new retail, office or industrial complex on four (4) or more acres
having a gross floor area of 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 to be reviewed by the Zoning Administrator pursuant to Chapter 8~104
Site Development Review. An existing or proposed retail, office or industrial complex (~II
of the businesses in the complex or shopping center, not an individual business in a comlSlex
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 to be reviewed bY the Zoning Administrator.
b. Concerns regarding temporary promotional signage for vehicle dealerships:
Concems have been raised that vehicle dealerships can have a negative visual impact on
the surrounding area when many types of promotional techniques are used at the same time. For
example, it is common for vehicle dealerships to display large inflatable balloons, numerous
smaller helium-filled balloons in clusters, multiple banners, pennants, streamers, pole signs,
Caltrans-like signs, human-held signs, and search lights. The Sign Regulations require that
businesses, including vehicle dealerships, use the current Zoning Clearance procedure for
approval of temporary promotional signage programs.
As noted above, the Zoning Ordinance contains a provision requiring the use of a Master
Sign Program for new automobile dealerships and permitting the use of a Master Sign Program
for existing automobile dealerships. These programs have been oriented toward permanent
signage, not temporary promotional signage.
c. Adjacent Cities.
Livermore.' Temporary signs are allowed in the form of freestanding A-Frame signs, window
signs, banners and beacons. Signs are allowed for 30 days per three month period and beacons
are allowed for 10 days per three month period.
Pleasanton.. The only temporary sign allowed for an automobile dealership is a "Grand Opening"
sign. ~.
San Ramon. Allows banners for 14 days per event. No other signage allowed.
d. Vehicle DealershiP signage Committee.
Staff recommends that before any changes to vehicle dealership signage are Considered the City
Council should establish a Vehicle Dealership Signage COmmittee made up of a member of the
City Council, a member of the Planning Commission, a Staff representative, and representatives
of several vehicle dealerships in Dublinl The committee Would establish h'dialOg on vehicular
dealership signage and prepare SPecific options on anY sign RegulatiOns modifiCationS involving
the dealerships. A recommended time frame for a report from this committee would be six
months.
G:pa98056/Attachment 1