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HomeMy WebLinkAboutItem 4.03 Zoning Ord Sign Reg Amend~~~~ OF DUQ~~G ~ ~9`~;~~SZ STAFF REPORT C I T Y C L E R K ~`~, ~ ~ ~ DUBLIN CITY COUNCIL _ File # ^[~~Qn-~~ ~~~F~~~ DATE: November 2, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC :` Amendment to Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance related to temporary promotional banners (PLPA-2010-00046) Prepared By: Kristi Bascom, Principal Planner ~ EXECUTIVE SUMMARY: The City Council will hold a second reading of City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Sign Regulations. The proposed amendments will make permanent those changes related to temporary promotional banners that the City Council approved on a temporary basis in July 2010. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt an Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance related to Temporary Promotional Banners. ubmitted By Community Development Director 'J Revie ed y Assistant Ci y anager Page 1 of 2 ITEM NO. . J DESCRIPTION: Background At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a stimulus to the business community and property owners during the current economic climate. On May 5, 2009, Staff presented several potential changes, including a modification to the City's sign regulations to allow greater flexibility in the display of temporary promotional signs, to the City Council for discussion. At this meeting, the City Council directed Staff to prepare amendments to Chapter 8.84 relating to the use of Temporary Promotional Banners. On July 7, 2009, the City Council waived the reading and introduced an ordinance approving temporary modifications to Chapter 8.84, (Sign Regulations) of the Zoning Ordinance to facilitate the use of banner signs. The proposed modifications to the sign regulations included a temporary change to the number of days banner signs could be posted, the allowed size of banner signs, and the number of days required between postings. The temporary modifications lasted one year. On June 22, 2010, the City Council extended the temporary modifications for an additional year and directed Staff to prepare a Zoning Ordinance Amendment to Chapter 8.84 to make the modifications permanent. On October 19, 2010, Staff presented the proposed amendments and the City Council waived the reading and introduced an Ordinance amending the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations for Temporary Promotional Banners (Attachment 1). For more details on the proposed amendments and a thorough analysis of the Project, please refer to the October 19, 2010 City Council Staff Report (Attachment 2). ENVIRONMENTAL REVIEW: The Project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. ATTACHMENTS: 1) Ordinance Amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance related to Temporary Promotional Banners 2) October 19, 2010 City Council Staff Report (without attachments) 2 of 2 F ~~~ ~~ ~~. ORDINANCE NO. xx - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE RELATED TO TEMPORARY PROMOTIONAL BANNERS PLPA-2010-00046 WHEREAS, on July 20, 2010, the City Council adopted Ordinance 15-10 which extended for one year certain modifications to Dublin Municipal Code Chapter 8.84, Sign Regulations intended to allow greater flexibility for posting banner signs; and WHEREAS, Ordinance 15-10 will expire on August 19, 2011 and the previous regulations will then take effect; and WHEREAS, at the time it adopted Ordinance 15-10, the City Council directed Staff to draft an Ordinance making the temporary modifications to Chapter 8.84 permanent; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on September 28, 2010 and adopted Resolution 10-47 recommending that the City Council adopt an Ordinance amending Chapter 8.84 of the Dublin Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on October 19, 2010; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are 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 hereby ordain as follows: SFrTI(~N 1 Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. /{I .f ~ ~y „ ~ r~ ~ ,t,...,-~ ..~, f ( . ~ ! ~', > , ! '"I o t ATTACHMENT 1 SECTION 2. ~ ~ i~ Section 8.84.030 of the Dublin Municipal Code is hereby amended to read as follows in its entirety: Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District. Matrix A, Sign Approvals and Decisionmaker Authority prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sian Annrovals and Decisionmaker Authoritv bv Zonina District* Sign T pe A R-1, R-2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2 Awnin E X ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP Comin Soon X X ZC ZC ZC ZC ZC Communit 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 ht. E X ZC X BP BP BP Freestanding greater than 20' in hei ht X X X X SDR SDR SDR Grand-O enin 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 Buildin Master ID X X ZC ZC ZC ZC ZC Off-Site Residential Develo ment Directional BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease E X ZC ZC ZC ZC ZC O en-House X Permitted X X X X X Permanent Banner Sign X X X X MSP/SDR MSP/SD R MSP/SDR Pro'ectin E X BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC Service Station Price Si n X X ZC X ZC ZC ZC S ecial Easement E X ZC ZC ZC ZC ZC Temporary Promotional (21 da s X ZC""' ZC ZC ZC ZC ZC Tenant Directo X X BP BP BP BP BP Wall E X BP BP BP BP BP Window X X BP BP BP BP BP Notes for Matrix A: E Business Signs not exceeding an area of ten (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 decision maker authority ZA Zoning Administrator is decision maker 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 Page 2 of 8 ~ ~.~, ;~~ ~~ with a Site Development Review. "' Only Temporary Banners, not exceeding 12-square feet, are ailowed for apartment communities (see Section 8.84.020.6 for definition). All other temporary promotional signs are not allowed in 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 3. Section 8.84.040 of the Dublin Municipal Code is hereby amended to read as follows in its entirety: Section 8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign Development Regulations, prescribes required development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, "Signs Subject To Permits." Matrix B Sian Develonment Reaulations ** Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions " Additional Section Number of Height side Requirements' Regulations' No. si ns in s. ft. Awning 1 per business or 2 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or N/A May project 36 Sec. tenant frontage as Tenant Frontage to tenant frontage inches. More 8.84.050.A permitted by Sec. maximum of 150 sq. ft. with maximum of than 36 inches 8.84.110 6.4. (with SDR, 1.5/lineal ft. three frontages. with SDR. to max of 250 sq. ft.); Max. sign length 25% bonus if tenant of 24 ft. space is 100 ft. from Street. Bulletin 1 6 ft. 24 sq. ft. 10 ft. from front Announcements Board property line; pertaining to an on-site Sec. Must meet all church, school, 8.84.050.8 other yard community center, requirements. park, hospital or institutional buildin . Coming 2 8 ft. 32 sq. ft. On construction Opening date, May only be Soon site. architect, engineer, placed during Sec. contractor, tuture time period 8.84.050.C business, or lender. between building permit and final occu anc . Community 1 20 ft. 120 sq. ft. Service club names Illumination shall ~~ and emblems and not be Sec. community slogans intermittent; 8.84.050.D Means of support shall be concealed. Electronic Per Sec. 8.84.110 Per Sec. Per Sec. 8.84.110 if wall Per Sec. 8.84.110 Per Sec. 8.84.110 if Per Sec. Readerboar if wall sign; 8.84.110 if sign; 8.84.120 if if wall sign; wall sign; 8.84.120 if 8.84.110 if wall d Sec. 8.84.120 if free- wall sign; freestanding sign. 8.84.120 if freestanding sign. sign; 8.84.120 if 8.84.050.E standing sign. 8.84.120 if freestanding sign. freestanding freestandin sign. g si n. Page 3 of 8 ~~~~ Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section Numberof Height side Requirements* Regulations'` No. si ns in sq, ft. Freestandin 1 per parcel; 2 or 10 ft. at 15 sq. ft. per side at In a planter of Must indicate building Must have g 20' or more with Master property property line; May appropriate address or address minimum less in Sign Program. line; May increase 2.5 sq. feet per dimension; Not range. clearance of 14 height; be side for each 1 ft. sign is closer than 50 feet if Freestandin increased set back from nearest feet from R-O-W overhanging g greater .5 ft. for street frontage property of Interstate vehicular way; than 20' in every 1 ft. line. Maximum of 150 sq. Highway; Must not project height. the sign is ft. Permitted within into a public Sec. set back required yards; At right-of-way. 8.84.120. from the one or more main nearest entrances with street Master Sign frontage Program. property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. Grand- 1 No limit. No limit. Must be displayed Only effective Opening on the site on within 60 days Sec. which grand- of initial 8.84.050.G opening will occupancy; 30- occur. da maximum. Identificatio 1 6 ft. 24 sq. ft. with Zoning None. Name and/or use of Means of n Clearance; 36 sq. ft. building. support shall be Sec. with SDR. concealed. 8.84.050. H O~ce 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum Building building, institutional parcel frontage Master ID use and address required; Means Sec. of support shall 8.84.050.1 be concealed. Off-Site Determined by Determined Determined by Director of Determined by Determined by Director Determined by Residential Director of by Director Community Development Director of of Community Director of Developme Community of Community Development Community nt Development Community Development Development Directional Developme Sec. nt 8.84.050.J Off-Site 1 per 100 ft. of 8 ft. 16 sq. ft. Off-site sign is For sale or lease; Must be Temporary street frontage; located in immed. Name and phone constructed of For sale or Up to 2 per vicinity of number of agent and/or wood, plywood, lease parcel. advertised agency. metal or other Sec. premises wJo rigid material. 8.84.050.K direct access to ublic road. Page 4 of 8 ~ ~ i~ Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section Number of Height side Requirements" Regulations * No. si ns in sq. ft. Open- Maximum of 4 per 3 ft. 4 sq. ft. On sidewatk and Not attached to House property; Up to 8 landscaping strip any public sign, Sec. per inter-section. but cannot disrupt post, traffic 8.84.050.L One per property normal vehicular signal or utility being advertised flow, block views, pole; No at a given block ingress or additional tags, intersection egress to any riders, residence or streamers, business, or balloons or restrict a sidewalk other to less than 32 attachments; inches. Permitted on Prohibited in Holidays, center divider or Saturdays and traffic islands of Sundays and public streets; one agent tour Cannot be within day each week 5 ft. radius of a from 10:00 a.m. call box, fire to sunset. hydrant or mail box. Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical Shingle canopy over a clearance; Sec. sidewalk directly Perpendicular 8.84.050.M in front of the door to business of the business. buildin wall. Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in Banner MSP/SDR center, business or good condition; Sec. logo. Subject to 8.84.050.N semi-annual review; Replace if in poor maintenance. Projecting 1 per business. 2 ft. 6 in.; 16 sq. ft.; May be In middle 1/3 of N/A Sec. 8.84.110 Sec. May be increased through SDR. front wall of (C) 8.84.050.P increased building. through SDR. Service 1 8 ft. 16 sq. ft. None. Name of service May be Station station. corpbined with Display Service Station Structure Price Signs; Sec. Placed in 8.84.050.Q landscape lanter Service 2 6 ft. 16 sq. ft for 3 fuel 1 per street Gasoline prices. May be Station products; 24 sq. ft for 4 frontage. combined with Price Signs fuel products. Service Station Sec. Display 8.84.050.R Structure. Page 5 of 8 ~ ~ r /~' rr . ~ Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section Number of Height side Requirements* Regulations " No. si ns in sq. ft. Special 1 4 ft. 24 sq. ft. Within immediate Name of business In-lieu of Easement vicinity of the and/or center. Freestanding Sec. business the sign Sign; Business 8.84.050.S advertises. located on parcel w/o direct access or frontage on improved ROW; must be connected by roadway/acces s easement. Temporary Per Zoning Per Zoning Per Zoning Clearance. Only on site on Per Zoning Clearance. Maximum of 21 Promotional Clearance. Clearance. which business is consecutive Sec. located and shall calendar days 8.84.050.T Banner signs shall not be not be located so per permit 21 larger than-60 square feet that the sign is consecutive higher than the calendar day eave of the waiting period structure in which between the business is permits. located. Temporary One (1) Temporary Banner for Temporary Promotional Apartment Communities Banners for Banner for which shall not exceed 12 Apartment Apartment square feet Communities Sec. shall be 8.84.050.T allowed a maximum of 90-days per calendar year in any time configuration desired. Tenant 1 N/A 12 sq. ft. At entrance of Listing of tenant names None Directory building on an and suite Sec. exterior wall. numbers/letters. 8.84.050. U Wall 1 per business or 2 ft. 6 in. 1 sq. ft. per lineal ft. of 1 per business or N/A May project 12 Sec. tenant frontage Tenant Frontage to tenant frontage inches, 30 8.84.110V with maximum of maximum of 150 sq. ft. with maximum of inches w/ SDR. three frontages (with SDR, 1.5llineal ft. to three frontages. Max. sign Rev. Ord. max of 250 sq. ft.); 25% length 24 ft. 20-06 bonus if tenant space is (November 100 ft. from Street. 2006 Window N/A N/A N/A Inside a building. N/A Not more than Sec. 25% of 8.84.050. W contiguous window area. " Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. Page 6 of 8 ~~~a ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 SECTION 4. Section 8.84.050.S of the Dublin Municipal Code is hereby amended to read as follows in its entirety: S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on-site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty-one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on-site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.B for definition of apartment communities). 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. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional sign(s) that include searchlights for ~nore than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. SF(:TI(~N ~• Severability. The provisions of this Ordinance are severable and if any provision, 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, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Page 7 of 8 SECTION 6. ~~ .:~~y ~~~ Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. SFCTI(~N 7 Posting. 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 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 2"d day of November 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#~2010\PLPA-2010-00046 ZOA Signs, Banners\CC 11.02.20101Att 2- Ord.doc Page 8 of 8 L~~~ ~~ ~~~~rti ////~~ ~\ 19 (C1= =il~)`82 \~~"~"%l ~~GIFO~~~~ ~ ~ ~.- `f STAFF REPORT DUBLIN CITY COUNCIL CITY CLERK File # ^~~ D^-~[Q] DATE: October 19, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Amendment to Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance related to temporary promotional banners (PLPA-2010-00046) Prepared By: Kristi Bascom, Principal Planner ~G~j EXECUTIVE SUMMARY: The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Sign Regulations. The proposed amendments will make permanent those changes related to temporary promotional banners that the City Council approved on a temporary basis in July 2010. The changes included allowing additional time for banners, changes to the size of permitted banners, and reducing the time period in befinreen displays. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance Amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance related to Temporary Promotional Banner . ( ubmitted By: Review By: Community Development Director Assistant City Manager Page 1 of 4 ATTACHMENT 2 ~~ , ~;~~ ,~. DESCRIPTION: Background At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a stimulus to the business community and property owners during the current economic climate. On May 5, 2009, Staff presented the City Council with several potential changes, including a modification to the City's sign regulations, to allow greater flexibility in the display of temporary prornotional signs. At that meeting, the City Council directed Staff to prepare amendments to Chapter 8.84 relating to the use of Temporary Promotional Banners. The meeting minutes are included as Attachment 1. On July 7, 2009, the City Council waived the reading and introduced an ordinance approving temporary modifications to Chapter 8.84, (Sign Regulations) of the Zoning Ordinance to facilitate the use of banner signs. The meeting minutes are included as Attachment 2. The proposed modifications to the sign regulations included a temporary change to the number of days banner signs could be posted, the allowed size of banner signs, and the number of days required between postings. The temporary modifications lasted one year. On June 22, 2010, the City Council extended the temporary modifications for an additional year and directed~ Staff to prepare a Zoning Ordinance Amendment to Chapter 8.84 to make the modifications permanent. The meeting minutes are included as Attachment 3. Ordinance 15-09 (Attachment 4) was approved on July 20, 2010 and became effective on August 19, 2010. ANALYSIS: Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning Ordinance (Chapter 8.84). Section 8.84.050.S of the Zoning Ordinance includes regulations related to the display of Promotional Banners which advertise special events, sales and promotional needs of businesses. Several temporary modifications were enacted to provide some relief from the permanent regulations in order to expand the advertising opportunities available to businesses in the City. The Zoning Ordinance currently regulates the time frame in which a Promotional Banner may be displayed, the waiting period between Promotional Banner displays and the size of Promotional Banners. These Regulations were temporarily modified in order to promote businesses in Dublin. The temporary modifications increased the number of days Banners are allowed to be displayed, reduced the waiting period between Banner displays and modified the size requirements to allow greater flexibility in the design of Temporary Promotional Banners. The following table illustrates the previous and proposed regulations for Temporary Promotiona! Banners. The proposed modifications are the same as the temporary modifications approved by the City Council in July 2010. 2 of 4 I ~ ~~' ~~ . Table 1: Temporarv Promotional Banners - Permanpnt anrl Tnmr~~r~.~.. o,.,...~..~: - - - - _ _ . • ....~.N.,iu~y ~.~a~.~u~QUU~i Previous Regulations Proposed Regulations (Before temporary changes (Temporary regulations - to approved in July 2009) become permanent if approved) Display Period Maximum of 15 consecutive Maximum of 21 consecutive calendar days calendar days Waiting Period 30 days 21 days Size Maximum of 30" tall x 24' long 60 square feet Location None Signs may not be located Re uirement above the eave is Following the adoption of the temporary amendments to the Sign Ordinance, Staff has observed that the number of applications for Temporary Promotional Banners has increased. The following table illustrates the number of permits for Temporary Banners that have been approved over the last three years. The temporary modifications took effect at the end of August, 2009. Table 2: Number of Tem ora Banner Permits A roved Year Number of Permits Issued 2008 153 2009 166 2010* #TL:_ 148 ~~„~ ~„~~C Nenvo renecrs onry tne montns ot ,lanuary through mid-September As shown on the tabie above, the number of permits issued for Temporary Promotional Banners has been increasing each year. The increase in the number of permits reflects the business community's need to effectively advertise their businesses and sales and the temporary modifications aid these businesses in expanding their opportunities for displaying temporary signage. Attachment 5 to this Staff Report is the amended Chapter 8.84 showing additions and deletions in underline and strikeout text. Sections 2 through 4 of the draft Ordinance, which is included as Attachment 6 to this Staff Report, shows the amended sections of Chapter 8.84 in its final form with all of the changes incorporated. Adoption of this Ordinance will make permanent the changes that were temporarily approved by the City Council in July 2009 and renewed in July 2010. If the proposed changes are not approved, the temporary modifications that were approved by the City Council will expire on August 19, 2011. ENVIRONMENTAL REVIEW: Staff recommends that the project be found exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. 3 of 4 I~' ::~. ~ ~. ~ PLANNING COMMISSION ACTION: The Planning Commission reviewed the project at a public hearing on September 28, 2010. The Planning Commission Staff Report and draft minutes for this meeting are included as Attachments 7 and 8 to this Staff Report. At the meeting, the Commission discussed the merits of the proposed zoning ordinance amendment related to Temporary Promotional Banners and made an additional recommendation. After a brief discussion, the Planning Commission recommended that Temporary Promotional Banners for Apartments be allowed for a maximum of 90 days per calendar year in any time configuration desired. The Planning Commission approved Resolution 10-47 (Attachment 9) by a unanimous vote. NOTICING REQUIREMENTS: In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days before the hearing and the Staff Report and attachments were made available for public review prior to the public hearing in accordance with Government Code Sections 65090 and 65091. ATTACHMENTS: 1) May 5, 2009 City Council meeting minutes 2) July 7, 2009 City Council meeting minutes 3) June 22, 2010 City Council meeting minutes 4) Ordinance 15-09 5) Amended Chapter 8.84 of the Zoning Ordinance (with proposed additions and deletions shown) 6) Ordinance Amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance related to Temporary Promotional Banners 7) September 28, 2010 Planning Commission Staff Report (without attachments) 8) September 28, 2010 Planning Commission draft meeting minutes 9) Planning Commission Resolution 10-47 4 of 4