HomeMy WebLinkAbout8.2 Zn Ord Sign Reg
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CITY CLERK
File # D!!lJ[Q][Q]-(3J[Q]
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AGENDA STATEMENT
CITY COUNCil MEETING DATE: April 6, 1999
SUBJECT:
STUDY SESSION on Zoning Ordinance Sign Regulation
Amendments. (Report prepared by: Buzz Kalkowski, Assistant
Planner/Code Enforcement)
ATTACHMENTS:
1. Summary of Specific Sign Regulation Options.
RECOMMENDATION: 1.
t.v/i:
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Hear Staff presentation
Discuss Sign Regulations amendment issues
Provide Staff with specific direction on any proposed Sign
Regulations changes regarding.
· Vehicular Signs
. Large BalloonslIntlatable Signs
. Vehicular Dealership Sign programs
FINANCIAL STATEM~NT:
. BACKGROUND:
As part of the 1998-99 Goals and Objectives, 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.
Minor enforcement staff costs
On September 2, 1997, the COWlcil adopted the comprehensive revision of the Dublin Zoning Ordinance.
Chapter 8.84, Sign Regulations, was adopted as part of that revision. Presently Vehicular Signs are
addressed within the above Sign Regulations, however, the Vehicular Signs section may require revisions
to make it more effective. The current Sign R~gulations permit balloons as Temporary Promotional
Signs. The Automobile dealership signage is not specifically addressed but has been regulated by means
of a Master Sign Program.
The purpose of this study session is to receive comments and consensus from the Council regarding the
above issues, so that Staff can complete any proposed changes and schedule appropriate public hearings.
Enclosed is a summary of specific Sign Regulations options (Attachment 1) for your review, regarding the
above three issues. Staff will explain possible options at the Public Hearing.
RECOMMENDATION:
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Staff recommends that the City Council hear staff presentation, discuss Sign Regulations amendments and
provide Staffwith specific direction on any proposed Sign Regulation amendments.
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COPIES TO: Chamber of Commerce
In House Distribution
ITEM NO.
8.2
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ATTACHMENT A
SUMMARY OF SPECIFIC SIGN REGULATION OPTIONS
1. VEHICLE SIGNS
a. Description: Vehicle Signs as currently defined in the Zoning Ordinance:
8.84.020. Vehicular Sign. The term Yehicular Sign shall m~an any sign permanently
affixed to an operable, driveable and currently registered motor vehicle which is used in
the normal course of business.
Furthermore Vehicular Signs are regulated by Section 8.84.140, Exempt Signs:
8.84.140. Exempt Signs. The following signs are exempt from obtaining a Sign Permit
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. Problems and examples - Vehicular Signs:
Some Vehicle Signs are being used to add additional signage beyond permitted on-site
limitations. Often these signs appear as billboards on cars. vans or truckS. Concerns have he en
raised that such signs are unattractive and potentially dangerous if they interfere with the
visibility of vehicles and pedestrians. The existing language in the Zoning Ordinance attempted
to regulate Vehicle Signs but present regulations are unclear because the present ordinance does
not clearly define the use of the vehicle. For example, staff finds it difficult to document that a
vehicle being used for signage has, as its 'sole purpose, being a sign platform for the purpose of
attracting people to a business. If a vehicle used for signage is licensed, operable, and only
occasionally driven around or on deliveries, and is parked "as close as possible" to the business it
serves, it arguably meets the requirements of the Ordinance. The same vehicle may be parked
the rest of the time in a way to attract patrons to a business despite the Ordinance. There are no
specific sign size limitations that expressly prevent the creation ofIarge vehicular signs.
Examples:
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. Music Unlimited at 6841 Dublin Boulevard (opposite City Hall) has a "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 generally parked
in one location, at an angle to and visible from the public street. The vehicle is partially
blocking the vision of traffic entering and leaving the parking lot side access.
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. Alice's Nails, a manicure shop that was located at Shamrock village Center, had two 4' by 8'
plywood signs placed on a small pickup with flat tires, listing all the services and prices .
provided.
. 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. As of March 18, 1999, the van's license expired September 1998.
. Dublin Corner 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 Gun Shop, 7423 Amador Valley Boulevard. An old van with signage is still in the
parking lot, but no longer parked near the street.
. Zac's Cafe, 6715 Dublin Boulevard. This vehicle was alleged to have been part of the sale of
the business and was listed in the inventories as a sign. The large sign mounted on top of the
old vehicle has been replaced by signs painted on the side doors. A "Help Wanted" sign is
placed in the vehicle's side window facing the street.
. American Furniture, 8909 San Ramon Road. One large truck is no longer used for deliveries,
however, it remains parked so that it is visible from the San Ramon Road.
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c. Possible options for changing the Sign Regulations:
I. Make the problem smaller, prohibit Vehicular Signs larger than 2 feet by 2 feet. Allow
two or fewer Vehicular Signs that are 2 feet by 2 feet or smaller in size on one vehicle.
2. Make the problem subject to a new permit - any Vehicular Signs "Permitted Signs" if
over? feet by 2 feet in size subjt;Ct to a "Vehicular Sign Permit". Revise the ordinance to
reqUIre:
. The vehicles have a reasonable and
related business use.
. The vehicles should not be used as a sign
platform or for the sole purpose of
attracting people to a place of business.
. That the vehicle sign copy be limited to
the business name, address, phone
number, logo, and possibly a slogan.
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The vehicles be licensed and
operable.
The vehicles be parked in marked
parking spaces meeting Zoning
Ordinance standards.
That the vehicle have mileage
reflecting normal business use and
not being a parked vehicle.
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Vehicular signs less than 2 feet by 2 feet in size would be Exempt signs.
3. Make no changes to the present ordinance.
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Sign Regulation Options Page 3
2. LARGE BALLOONS
a. Description: large balloons as currently defined in the ordinance:
Sections 8.84.050.S and 8.84.020.11 in the current Sign Regulations allow for balloons as
Temporary Promotional Signs approved by a Zoning Clearance.
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 shown in Matrix B, (Section. 8.84.040) and as follows:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant
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. A minimum waiting
period of fifteen (15) consecutive calendar days between permits is required.
Sec. 8.84.020 Definitions. For the purposes of these regulations, certain words and phrases
shall be interpreted as set forth in this Chapter unless it is apparent from the context that a
different meaning is intended. Where any of the definitions in this Chapter may contlict
with definitions in Chapter 8.08, Definitions, the definitions in this Chapter shall prevail for
the purposes of this Chapter.
JJ. Temporary Sign. The term Temporary Sign shall mean any sign, banner, pennant,
valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, plastic,
plywood, wallboard, or other light materials, with or without frames, intended to be displayed
for a limited period oftime only. .
b. Problems and examples of large balloons:
Balloons have been a fixture of the Dublin auto dealers for years. Balloons may be potentially
dangerous because they could distract motorists and because, if they break loose from their
moorings, they might become physically hazardous. Aesthetics considerations may also be a
concern.
. The balloons used by Crown Chevrolet, Dublin Honda, Dublin Toyota and the Dublin Auto
Center's balloon dragon.
. 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.
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c. Possible options for changing the Sign Regulations regarding large balloons:
1. Prohibit all balloons within a Commercial and Industrial Zoning District.
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2. Prohibit balloons 15 inches in diameter and larger, and all balloons of any SIze
supporting streamers and, or, having a tether line exceeding five feet.
d. If prohibited, non-conforming uses and Amortization .need addressing:
Large balloons and inflatable signs, particularly customized balloon, can be expensive. If the
City prohibits them, they would need to be phased out based on a reasonable amortization
schedule. Discussions with inflatable sign firms indicate that balloon signs have a nonnal two-
year life expectancy with continuous use and about five years with intermittent use. Generic
balloons that are used in any location (King Kong) can be used anywhere and need not be
amortized because they can still be used elsewhere. Balloons that are customized for a specific
location such as the Crown Chevrolet balloon could have a two-year to five-year amortization
period.
Staff has been in communication with the Internal Revenue Service regarding the amortization
schedule for balloon signs. The IRS, after an ad hoc meeting of IRS experts in the Oakland
office, stated that no category exists for large balloon and inflatable sign. The balloons and
inflatable signs could be classified as real property if they are a structural component of a
building, that is permanently attached to a building. If the balloons and inflatable signs are not .
pennanently attached to a building, they are classified as tangible personal property. Real
property is depreciated schedule over 27 12 years. Personal Property depreciation schedules are
highly individual to the taxpayer choosing, governed by personal 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 c~st and rapid wear of the large balloons and inflatable
signs, it is likely the balloons in Dublin are treated by their owners as personal property and are
written off using the an accelerated depreciation schedule (MACRS), probably within three or
five years.
If balloons and inflatable signs are determined to be nonconforming signs the City could require
immediate removal per Section 8.84.280 unless the owner of the balloon sign can show from tax
depreciation records that an amortization period is justified.
If an amortization period is established for large balloons and inflatable signs, a procedure could
be established to insure removal of the sign at the end of the amortization period.
Therefore, the best solution to the amortization issue may be to require any businesses with
qualifying Non-conforming Balloon Uses to register with the city and supply copies of their .
applicable federal or state depreciation schedule, within sixty days following passage of a Sign
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Regulations amendment, limiting or prohibiting their use. The City could then phase out the
Non-Conforming Balloons in the number of years remaining on the owner's depreciation
schedule.
3. VEHICLE DEALERSHIP SIGN PROGRAMS
a. Description -- current ordinance addresses Vehicle Dealerships only within Section
8.84.130.A, Master Sign Program/Site Development Review:
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 (all
of the businesses in the complex or shopping center, not an individual business in a complex
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. Problems and examples of current automobile dealership use of promotional signagc:
Concerns 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.
V ehicle dealerships use the current Zoning Clearance procedure for approval of temporary
promotional signage programs. However, the Zoning Clearance procedure is seldom used.
Vehicle dealerships nearly always display temporary promotional signage without applying for
Zoning Clearances. l
Non-automobile dealership businesses that are asked to comply with Sign Regulations frequently
ask how the automobile dealerships are able to use banners, streamers, large and small balloons,
pole signs and flags, pennants and flags without any apparent limitations. When businesses are
told their A-frame signs are categorically prohibited, they complain about the Alameda Auto
Auction's A-frame signs.
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.
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b. Possible options for Vehicle Dealership Master Sign Program:
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1. Require all vehicle dealerships to have a Master Sign Program.
In addition to the now seven major automobile dealerships, soon to be eight, there are
several used car dealerships, motorcycle and Recreational Vehicle dealerships.
The Vehicle Dealership Master Sign Progr~ could address temporary promotionaL as
well as, penn anent displays and signage.
This program could be inflexible and could lend to frequent requests for revisions.
2. Incorporate into the above Vehicle Dealership Master Sign Program an annual pennit for
Temporary Promotional Signs. This program could give general directions about
dealership temporary signage and could better detennine temporary signage limits.
The annual temporary pennit within this program could provide for 12 month-long
programs and 6 holiday weekend programs.
This program could offer standard temporary signage limitations: a set number of
banners at a set size, with limitations on where they might be attached; a set number of
pole signs; a set number of streamers and pennants; limits on painted windshield and
window signage; and, small balloons.
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This program could offer greater flexibility, but would require coordination to ensure
thorough enforcement.
3. Make no changes to the present ordinance. Continue the current policy for existing
automobile dealerships where signage is regulated on a case-by-case basis by means of a
Zoning Clearance and enforceme~t policy.
While this option is flexible, it is inequitable among Dublin businesses, it makes Dublin
Sign Regulations enforcement difficult, and it could lead to a variety of unattractive
signage and image. Staff suggests a clearer, Council-directed, enforcement policy.
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