HomeMy WebLinkAbout6.1 - 3112 Zoning Ordinance Amendment PLPA-2020-00001
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STAFF REPORT
CITY COUNCIL
DATE: March 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) (PLPA-
2020-00001)
Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:
The City has initiated amendments to the Zoning Ordinance to modify Chapter 8.84
(Sign Regulations) of the Zoning Ordinance to establish regulations for Off-Site
Advertising Signs. The proposed amendments are exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15061(b)(3).
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) of the Zoning
Ordinance Related to Off-Site Advertising Signs.
DESCRIPTION:
Signs on private property within the City of Dublin are regulated by the Dublin Municipal
Code (DMC) Sign Regulations (Chapter 8.84). Off-Site Advertising Signs are any signs
which advertise or inform the public about a business organization, event, goods,
products, services, or uses, not available on the property upon which the sign is
located. Off-Site Advertising Signs are currently prohibited (Section 8.84.150);
Community Identification Signs, Off-Site Residential Development Directional Signs,
Open-House Signs, and Special Easement Signs, and signs within shopping centers
are not considered Off-Site Advertising Signs.
Staff is proposing to amend the Sign Regulations (Chapter 8.84) to allow Off-Site
Advertising Signs in the Scarlett Court Overlay District.
ANALYSIS:
The proposed project would amend the Sign Regulations (Chapter 8.84) of the Zoning
Ordinance to establish regulations for Off-Site Advertising Signs. Please refer to
Attachment 1 for a redlined version of the proposed amendments where underlined text
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is proposed to be added and text with a strikethrough is proposed to be deleted. Please
refer to Attachment 2 for the draft Ordinance.
Staff proposes regulations that would balance economic development goals with
aesthetic concerns. The proposed Zoning Ordinance Amendment would allow Off-Site
Advertising Signs in the Light Industrial (M-1) zoning district within the Scarlett Court
Overlay, would require a 500-foot buffer from the centerline of the Iron Horse Trail, and
would require a 1,000-foot buffer between parcels with Off-Site Advertising Signs.
Please refer to Figure 1 for the boundary of the Scarlett Court Overlay. The prop osed
amendment would restrict the signs to a limited geographic area where there are a
number of existing businesses that have limited public visibility and could benefit from
increased advertising opportunities.
Figure 1: Scarlett Court Overlay
Federal law limits a local government’s ability to regulate sign content, otherwise known
as sign copy, based upon the US Supreme Court’s decision in the Reed v. Town of
Gilbert, Arizona case. The Reed ruling makes regulation of signs according to its
message subject to review under the standards of strict scrutiny. Despite this ruling,
case law still permits local governments to distinguish between on-site and off-site
signs.
The California Business and Professions Codes outlines regulations for Off-Site
Advertising Signs and includes a provision where sign copy may be limited to “not
display products, goods, or services related to tobacco, firearms, or explicit material” in
a limited geographic area within Los Angeles. The regulations in the proposed Zoning
Ordinance Amendment are modeled after Section 5272.2, subdivision (a)(3) of the
California Business and Professions Code, relying on this precedent.
Furthermore, local governments are granted police power to protect the public health,
safety, and general welfare. The proposed regulations recognize the unavoidable
visibility of prospective Off-Site Advertising Signs by youth in Dublin and surrounding
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communities who are transported along I-580, Dublin Boulevard, and Dougherty Road.
There are multiple studies that reflect the potential negative impacts of tobacco,
firearms, and sexually explicit material on youth, such as the Population Assessment of
Tobacco and Health (PATH) Study and the US Department of Justice’s Report on
Reducing Youth Gun Violence. Based on case law, California Business and Professions
Code precedent, and youth impact studies, the proposed regulations prohibit Off-Site
Advertising Signs to display products, goods, or services related to tobacco, firearms, or
sexually explicit material. Based upon consultation with the City Attorney’s Office, the
City has limited ability to further restrict sign copy for Off-Site Advertising Signs.
On January 31, 2020, Staff presented this recommendation to the Economic
Development Committee. The Committee was in full support and unanimously
recommended that Staff bring the item before the City Council for consideration. This
recommendation falls under the Committee's purview to provide policy guidance and
direction on economic development activities.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, & ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendment is consistent with the Dublin General Plan
and all applicable Specific Plans. General Plan Implementing Policy 2.7.6.B.3 “requires
all redevelopment and improvements relating to site planning, architectural design,
lighting, signage and landscaping to be consistent with the adopted Scarlett Court
Design Guidelines.” The proposed amendments are consistent with the Scarlett Court
Design Guidelines by designating freeway-oriented signs as appropriate signage
(Guidelines 3.3.3 and 3.3.7), limiting the number of signs (Guideline 3.3.11), and
supporting the economic health of the light industrial and auto -oriented businesses
within the district (Guideline 2.2).
PLANNING COMMISSION REVIEW:
On February 11, 2020, the Planning Commission held a public hearing, reviewed the
draft ordinance, and by a 3-2 vote, adopted a resolution recommending that the City
Council deny the proposed Zoning Ordinance amendments (Attachment 3). The
Planning Commission expressed concern regarding: 1) potential aesthetic impacts of
“billboard signs,” and 2) concerns with inability to regulate sign copy which could result
in promotion of businesses located outside of Dublin rather t han Dublin-based
businesses and advertisement of products, goods, or services that do not adhere to
community values.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and
posted at several locations throughout the City.
ENVIRONMENTAL REVIEW:
The proposed Zoning Ordinance Amendment is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3)
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as there is no possibility that the proposed regulations would have a significant effect on
the environment.
ATTACHMENTS:
1. Proposed Zoning Ordinance Amendments in Underlined and Strikethrough Format
2. Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) of the Zoning
Ordinance Related to Off-Site Advertising Signs
3. Planning Commission Resolution Recommending Denial
Dublin Municipal Code
Chapter 8.84 SIGN REGULATIONS
Page 1/2
CHAPTER 8.84
SIGN REGULATIONS
Matrix A of Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of
Title 8 of the Dublin Municipal Code is proposed to be amended as follows:
Sign Type A
R-1,
R-2,
R-M
C-N C-O C-1 C-2 DDZD M-P, M-1, M-
2
Off-Site Advertising
Sign
X X X X X X X X
MSP/SDR****
Notes for Matrix A:
**** Permitted in M-1 zoning district within the Scarlett Court Overlay with approval of a
MSP/SDR. Not permitted in the M-P and M-2 zoning districts, nor in the M-1 districts outside of
the Scarlett Court Overlay.
Matrix B of Section 8.84.040 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin
Municipal Code is proposed to be amended to add the following:
Sign Type
Section
No.
Maximum
Number
of Signs
Maximum
Height
Maximum
Area per
Side in
Sq. Ft.
Location
Requirements*
Copy
Restrictions*
Additional
Regulations*
Off-Site
Advertising
Sign
1 per
parcel
Per
MSP/SDR
Per
MSP/SDR
Section
8.84.030 and
8.84.125 B-E
Section
8.84.125 H
Section
8.84.125
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is proposed to
be amended to add the following in alphabetical order and renumber the section and references
to this section accordingly:
Off-Site Advertising Signs. Off-Site Advertising Signs shall be permitted per Section 8.84.125.
Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is proposed
to be added as follows:
8.84.125 Off-Site Advertising Signs
A. Number of Off-Site Advertising Signs. One (1) Off-Site Advertising Sign may be
permitted per parcel.
B. Location. Signs shall be located in the M-1 zoning district within the Scarlett Court Overlay.
C. Interstate Freeway Proximity.
Dublin Municipal Code
Chapter 8.84 SIGN REGULATIONS
Page 2/2
1. Signs shall be located no less than fifty (50) and no more than one-hundred (100) feet
from the right-of-way of an Interstate Freeway and located on properties along Scarlett
Court and Interstate 580.
2. Signs shall be visible from the right-of-way of an Interstate Freeway.
3. Signs shall satisfy applicable California Department of Transportation standards for
freeway-oriented signs, as amended from time to time.
D. Public Trail Proximity. Signs shall be located five-hundred (500) feet or more from the
centerline of the Iron Horse Trail.
E. Separation Between Signs. Signs shall be located on parcels one thousand (1,000) feet
or more from another parcel with an Off-Site Advertising Sign.
E. Public Safety. Signs shall not significantly impair public safety.
F. Other Regulations. Signs shall satisfy the applicable requirements of the Outdoor
Advertising Act (Business and Professions Code Section 5200, et. seq.), as amended from
time to time.
G. Copy Restrictions. Signs shall not display products, goods, or services related to tobacco,
firearms, or sexually explicit material.
Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
F. Off-Site Advertising Signs. Off-site advertising signs except for Community
Identification Sign, Off-Site Residential Development Directional Sign, Open-House Sign, and
Special Easement Sign, and Off-Site Advertising Signs in accordance with Section 8.84.125.
ORDINANCE NO. XX-20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING
ORDINANCE RELATED TO OFF-SITE ADVERTISING SIGNS
PLPA-2020-00001
WHEREAS, the City-initiated amendments to Chapter 8.84 (Sign Regulations) of the Zoning
Ordinance are proposed to establish regulations for off-site advertising signs that balance the City’s
interest in protecting the health and safety of the public; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the said application
on February 11, 2020, during which all interested persons were heard, and the Planning Commission
adopted Resolution 20-02 recommending City Council denial of the proposed Zoning Ordinance
Amendments based upon the following reasons: 1) potential aesthetic impacts of “billboard signs,” and
2) concerns with inability to regulate sign copy which could result in promotion of businesses located
outside of Dublin rather than Dublin-based businesses and advertisement of products, goods, or services
that do not adhere to community values; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of
the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on March 3, 2020, at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning
Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans.
General Plan Implementing Policy 2.7.6.B.3 “requires all redevelopment and improvements relating to site
planning, architectural design, lighting, signage and landscaping to be consistent with the adopted Scarlett
Court Design Guidelines.” The proposed amendments are consistent with the Scarlett Court Design
Guidelines by designating freeway-oriented signs as appropriate signage (Guidelines 3.3.3 and 3.3.7),
limiting the number of signs (Guideline 3.3.11), and supporting the economic health of the light industrial
and auto-oriented businesses within the district (Guideline 2.2).
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA
Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared. Pursuant to CEQA, the City Council hereby finds the project
exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty
that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant
effect on the environment.
SECTION 3:
Matrix A of Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title
8 of the Dublin Municipal Code is amended as follows:
Sign Type A
R-1,
R-2,
R-M
C-N C-O C-1 C-2 DDZD M-P, M-1, M-
2
Off-Site Advertising
Sign
X X X X X X X X
MSP/SDR****
Notes for Matrix A:
**** Permitted in the M-1 zoning district within the Scarlett Court Overlay with approval of an
MSP/SDR. Not permitted in M-P and M-2 zoning districts, nor in the M-1 districts outside of the
Scarlett Court Overlay.
SECTION 4:
Matrix B of Section 8.84.040 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal
Code is amended to add the following:
Sign Type
Section
No.
Maximum
Number
of Signs
Maximum
Height
Maximum
Area per
Side in
Sq. Ft.
Location
Requirements*
Copy
Restrictions*
Additional
Regulations*
Off-Site
Advertising
Sign
1 per
parcel
Per
MSP/SDR
Per
MSP/SDR
Section
8.84.030 and
8.84.125 B-E
Section
8.84.125 H
Section
8.84.125
SECTION 5:
Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is amended to add the
following in alphabetical order and renumber the section and references to this section accordingly:
Off-Site Advertising Signs. Off-Site Advertising Signs shall be permitted per Section 8.84.125.
SECTION 6:
Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is added as follows:
8.84.125 Off-Site Advertising Signs
Off-Site Advertising Signs are subject to the following regulations:
A. Number of Off-Site Advertising Signs. One (1) Off-Site Advertising Sign may be permitted
per parcel.
B. Location. Signs shall be located in the M-1 zoning district within in the Scarlett Court Overlay.
C. Interstate Freeway Proximity.
1. Signs shall be located no less than fifty (50) and no more than one-hundred (100) feet
from the right-of-way of Interstate 580 and located on properties along Scarlett Court
and Interstate 580.
2. Signs shall be visible from the right-of-way of Interstate 580.
3. Signs shall satisfy applicable California Department of Transportation standards for
freeway-oriented signs, as amended from time to time.
D. Public Trail Proximity. Signs shall be located five-hundred (500) feet or more from the
centerline of the Iron Horse Trail.
E. Separation Between Signs. Signs shall be located on parcels one thousand (1,000) feet or
more from another parcel with an Off-Site Advertising Sign.
F. Public Safety. Signs shall not significantly impair public safety.
G. Other Regulations. Signs shall satisfy the applicable requirements of the Outdoor
Advertising Act (Business and Professions Code Section 5200, et. seq.), as amended from
time to time.
H. Copy Restrictions. Signs shall not display products, goods, or services related to tobacco,
firearms, or sexually explicit material.
SECTION 7:
Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is amended as follows:
F. Off-Site Advertising Signs. Off-Site Advertising Signs except for Community Identification
Sign, Off-Site Residential Development Directional Sign, Open-House Sign, Special Easement
Sign, and Off-Site Advertising Signs in accordance with Section 8.84.125.
SECTION 8:
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.
SECTION 9: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption.
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 39633 of the Government Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this ___ day of _______
2020, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
RESOLUTION NO. 20-02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL DENY AN ORDINANCE AMENDMENDING CHAPTER 8.84 (SIGN
REGULATIONS) OF THE ZONING ORDINANCE RELATED TO OFF-SITE ADVERTISING SIGNS
PLPA-2020-00001
WHEREAS, the City-initiated amendments to Chapter 8.84 (Sign Regulations) of the Zoning
Ordinance are proposed to establish regulations for off-site advertising signs that balance the City’s
interest in protecting the health and safety of the public; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require that certain projects be reviewed for environmental impacts and
that environmental documents be prepared; and
WHEREAS, the Planning Commission recommends that the City Council find this project exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen
with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ord inance) will not
have a significant effect on the environment; and
WHEREAS, the Planning Commission held a public hearing on the proposed amendments to the
Zoning Ordinance on February 11, 2020; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report dated February 11, 2020, was submitted to the Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made
a part of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the
City Council deny an Ordinance based upon the following reasons: 1) potential aesthetic impacts of
“billboard signs,” and 2) concerns with inability to regulate sign copy which could result in promotion of
businesses located outside of Dublin rather than Dublin-based businesses and advertisement of products,
goods, or services that do not adhere to community values.
PASSED, APPROVED AND ADOPTED this 11th day of February 2020, by the following vote:
AYES: Kothari, Mittan, Benson
NOES: Thalblum, Grier
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
___________________________________
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Assistant Community Development Director