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HomeMy WebLinkAbout*April 6, 2021 Regular City Council Meeting Packet April 06, 2021 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS Council Chamber Melissa Hernandez, Mayor Dublin Civic Center Shawn Kumagai, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Sherry Hu, Councilmember www.dublin.ca.gov Michael McCorriston, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, April 6, 2021 Location: City Council Chamber and Electronic Methods 100 Civic Plaza Dublin, CA 94568 Regular Meeting 7:00 PM UPDATED Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will hold the Regular City Council Meeting through a hybrid of in-person attendance with the City Council, invited staff, and limited members of the public at the City Council Chamber and through the virtual platform, Zoom. The City of Dublin will adopt the following practices during upcoming City Council meetings: • Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be available on City’s website: https://dublin.ca.gov/1604/Meetings-Agendas-Minutes-Video-on-Demand • To maximize public safety while maintaining transparency and public access, members of the public may participate in one of the following ways: o Virtual Platform (Zoom):  If you wish to speak via Zoom during the meeting, please fill out the online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, April 6, 2021. Upon submission, you will receive Zoom link information. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.  Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom.  When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment. 1 April 06, 2021 Dublin City Council Regular Meeting Agenda 2 o In person at Council Chamber:  Members of the public wishing to speak in person are asked to fill out an online speaker slip in advance of the meeting. Speakers may also sign up to speak at the meeting. Speaker slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.  Pursuant to the public health officer’s order, the City Council Chamber will have limited seating available on a first-come, first-served basis for members of the public to attend the meeting in person. Physically distanced seats have been identified in the Chamber for use by the public. Members of the public should maintain at least six-foot social distancing from individuals who are not part of the same household or living unit.  For the purposes of potential public health contact tracing, all members of the public attending the meeting will be requested to sign in and provide a name and phone number or email address. In addition, attendees will be screened with a touchless temperature check.  Consistent with the public health officer’s order, each member of the public must also wear a face covering of the nose and mouth at all times during the course of the meeting, even while speaking at the podium. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1 National Victims' Rights Week Proclamation The City Council will present a proclamation for National Victims’ Rights Week to the Alameda County District Attorney’s Office. STAFF RECOMMENDATION: Present the proclamation. Staff Report Attachment 1 - National Victims' Rights Week Proclamation 3.2 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 2 April 06, 2021 Dublin City Council Regular Meeting Agenda 3 4.1 Approval of the March 16, 2021 Regular City Council Meeting Minutes and the March 19, 2021 Special City Council Meeting Minutes The City Council will consider approval of the minutes of the March 16, 2021 Regular City Council meeting and the March 19, 2021 Special City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the March 16, 2021 Regular City Council meeting and the March 19, 2021 Special City Council meeting. Staff Report Attachment 1 - March 16, 2021 Regular City Council Meeting Minutes Attachment 2 - March 19, 2021 Special City Council Meeting Minutes 4.2 City Proclamations for the Month of April The City Council will consider the following proclamations for the month of April in the City of Dublin: Arbor Day, Sexual Assault Awareness Month, Donate Life Month, Financial Capability Month, Child Abuse Prevention Month, Second Chance Month, and Fair Housing Month. STAFF RECOMMENDATION: Approve the proclamations. Staff Report Attachment 1 - Arbor Day Proclamation Attachment 2 - Sexual Assault Awareness Month Proclamation Attachment 3 - Donate Life Month Proclamation Attachment 4 - Financial Capability Month Proclamation Attachment 5 - Child Abuse Prevention Month Proclamation Attachment 6 - Second Chance Month Proclamation Attachment 7 - Fair Housing Month Proclamation 4.3 Tracts 8370, 8371 and 8373, Boulevard Neighborhoods 19, 20 and 24 – Final Map Notice The City Council will receive a notification of the City Engineer’s pending approval of the Final Maps for Tracts 8370, 8371, and 8373, Boulevard Neighborhoods 19, 20, and 24. STAFF RECOMMENDATION: Receive the notification. Staff Report Attachment 1 - Tract 8370 Final Map Attachment 2 - Tract 8371 Final Map Attachment 3 - Tract 8373 Final Map 4.4 First Amendment to the Agreement with CivicPlus for the SeeClickFix Software The City Council will consider approval of a first amendment to the agreement with CivicPlus for the SeeClickFix software. STAFF RECOMMENDATION: Adopt the Resolution Approving a First Amendment to the Consulting Services Agreement with CivicPlus. Staff Report Attachment 1 - Resolution Approving a First Amendment to the Consulting Services Agreement with CivicPlus Attachment 2 - Exhibit A to the Resolution - First Amendment to the Agreement Attachment 3 - Exhibit A.1 to the First Amendment to the Agreement - New Statement of Work Attachment 4 - Consulting Services Agreement 3 April 06, 2021 Dublin City Council Regular Meeting Agenda 4 4.5 Amendment to the Memorandum of Understanding for the Dublin Place Shopping Center The City Council will consider approval of a first amendment to the Memorandum of Understanding with ASVRF 7300 Amador, LP (successor in interest to ASVRF Acquisitions, LLC), ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP regarding the Dublin Place Shopping Center. The Amendment includes a 12-month term extension. STAFF RECOMMENDATION: Adopt the Resolution Approving a First Amendment to the Memorandum of Understanding with ASVRF 7300 Amador, LP, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP regarding the Dublin Place Shopping Center. Staff Report Attachment 1 - Resolution Approving a First Amendment to Memorandum of Understanding (Dublin Place Shopping Center) Attachment 2 - Exhibit A to the Resolution - First Amendment to Memorandum of Understanding (Dublin Place Shopping Center) Attachment 3 - Resolution No. 107-19 Approving a Memorandum of Understanding (Dublin Place Shopping Center) 4.6 Update on Community Facilities District 2015-1 (Dublin Crossings) The City Council will receive an update on Community Facilities District 2015-1 (Dublin Crossings) in preparation for the next bond issuance. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - June 2, 2015 Staff Report (without attachments) 5. WRITTEN COMMUNICATION – None. 6. PUBLIC HEARING 6.1 Weed and Combustible Refuse Abatement Order The City Council will conduct the public hearing in accordance with Resolution 06-21 (adopted February 2, 2021) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process. Staff Report Attachment 1 - Resolution 06-21 - Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof Attachment 2 - Notice to Destroy or Remove Weeds and Refuse Attachment 3 - 1st Letters 6.2 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) The City Council will consider a City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). The United States Supreme 4 April 06, 2021 Dublin City Council Regular Meeting Agenda 5 Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff is proposing amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content-based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. STAFF RECOMMENDATION: Open the Public Hearing, waive the reading, and INTRODUCE the Ordinance amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. Staff Report Attachment 1 - Ordinance Approving Amendments to Zoning Ordinance Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) Attachment 2 - Proposed Zoning Ordinance Amendments in Redline format Attachment 3 - Planning Commission Resolution No. 21-02 (without exhibit) Item 6.2 - PowerPoint Presentation 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS – None. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. 5 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.1 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:National Victims’ Rights Week Proclamation Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will present a proclamation for National Victims’ Rights Week to the Alameda County District Attorney’s Office. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: National Victims’ Rights Week The Alameda County District Attorney’s Office has been a leader in outreach and services to underserved populations including child victims of commercial sexual exploitation, sexual assault victims from cold hit/DNA cases, immigrant victims, urban youth, victims in the LGBTQ community, and victims with disabilities. The Alameda County District Attorney’s Office has been bridging the gap between law enforcement and the community and building the community’s trust in the Criminal Justice System and will continue to do so as we celebrate over 40 years of victim services in Alameda County. National Crime Victims’ Rights Week, April 18-24, 2021, provides an opportunity to celebrate the energy, creativity, and commitment that launched the victims’ rights movement, inspired its progress, and continues to advance the cause of justice for crime victims. STRATEGIC PLAN INITIATIVE: None. 6 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) National Victims’ Rights Week Proclamation 7 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “National Victims’ Rights Week – April 18-24, 2021” WHEREAS, more than 26 million people become victims of crime each year, and these crimes also affect family members, friends, neighbors, and co-workers; and the Alameda County Victim/Witness Division is dedicated to ensuring the rights of crime victims and their families by providing services to aid in their recovery from the emotional, psychological, social, and economic impact of crime as they reclaim their sense of safety, wellbeing, and dignity. The Victim/Witness staff assists victims of crime without regard to a person’s race, gender, religion, nationality, sexual orientation, gender identity, or immigration status; and WHEREAS, victims are faced with many challenges as a result of crime; victims often enter systems that fail to meet their needs, provide appropriate services and treat them with the dignity and respect they deserve; and involving survivors helps victim service providers and criminal justice professionals understand the culture, values, and expectations of underserved and unserved victims who seek assistance and justice; and WHEREAS, the Alameda County District Attorney’s Office Victim/Witness Assistance Program was the first such program established in 1974. The Alameda County District Attorney’s Office continues to join forces with the victim service providers, criminal justice agencies, and concerned citizens throughout Alameda County and America to raise awareness of victim’s rights and observe National Crime Victims’ Rights Week; and WHEREAS, in 1984, the Crime Victims Fund was established by the Victims of Crime Act (VOCA) to provide a permanent source of support for crime victim services and compensation. Alameda County District Attorney’s Office was the first in the nation to create a Victim/Witness Assistance Division; and survivors, community service providers, criminal justice professionals and victim advocates are working together to enhance a criminal justice system response that is accessible, culturally competent and appropriate for all victims of crime; and WHEREAS, in 2020, the Alameda County District Attorney’s Office Victim/Witness Assistance Division provided over 3,161 services to more than 532 crime victims in Dublin, including but not limited to, child victims of violence and sexual abuse, stalking victims, survivors of homicide victims, human trafficking victims, elder and dependent adult abuse victims, as well as victims of sexual assault, domestic violence, robbery, and other crimes; and the Victim/Witness Assistance Claims Division assisted more than 23 victims of crime in receiving state compensation funds and successfully compensated $17,7056 which paid for services for victims of crime without independent means; and WHEREAS, the Alameda County District Attorney’s Office has been a leader in outreach and services to underserved populations includingchild victims of commercial sexual exploitation, sexual assault victims from cold hit/DNA cases, immigrant victims, urban youth, victims in the LGBTQ community, and victims with disabilities. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 18-24, 2021 to be National Victims’ Rights Week, reaffirms the commitment to respect and enforce victims’ rights and addressing their needs during Victims’ Rights Weeks and throughout the year, and expresses our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force to improve the response to victims of crime and build a more just community. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 8 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the March 16, 2021 Regular City Council Meeting Minutes and the March 19, 2021 Special City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the March 16, 2021 Regular City Council meeting and the March 19, 2021 Special City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the March 16, 2021 Regular City Council meeting and the March 19, 2021 Special City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the March 16, 2021 Regular City Council meeting and the March 19, 2021 Special City Council meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) March 16, 2021 Regular City Council Meeting Minutes 2) March 19, 2021 Special City Council Meeting Minutes 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: March 16, 2021 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING MARCH 16, 2021 Attachment 1 A Regular Meeting of the Dublin City Council was held on Tuesday, March 16, 2021, remotely via Zoom Video Communications. The meeting was called to order at 7:01 PM, by Mayor Hernandez. 1. Call to Order Attendee Name Title Status Melissa Hernandez Mayor Present Shawn Kumagai Vice Mayor Present Jean Josey Councilmember Present Michael McCorriston Councilmember Present Sherry Hu Councilmember Present 2. Pledge of Allegiance The pledge of allegiance was recited by the City Council and Staff. 3. Oral Communications 3.1. Employee Introduction: Kan Xu The City Council welcomed new Staff member Kan Xu, Senior Civil Engineer with Public Works. 3.2. Public Comment Robert O’Driscoll, Ireland’s Consul General for the Western United States (San Francisco), provided public comment. Yamini Dixit provided public comment. Mike Grant provided public comment. Roianne Heath provided public comment. 10 DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING MARCH 16, 2021 4. Consent Calendar Item 4.4 and 4.6 were pulled for further discussion. 4.1.Approved the March 2, 2021 Regular City Council Meeting Minutes. 4.2. Adopted RESOLUTION NO. 21 – 21 APPROVING A FUNDING AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE LOCAL ROADWAY SAFETY PLAN 4.3. Received the Payment Issuance Report and Electronic Funds Transfers for payments issued from February 1, 2021 to February 28, 2021 totaling $7,379,789.07. 4.4. Confirmed the Mayor's recommendation to appoint Samir Qureshi as an alternate to the Senior Center Advisory Committee for a term ending December 2022. Samir Qureshi provided public comment. 4.5. Received the Annual Progress Report and directed Staff to forward it to the Governor’s Office of Planning and Research and California Department of Housing and Community Development. 4.6. Adopted RESOLUTION NO. 22 - 21 IN SUPPORT OF EQUAL TREATMENT FOR ASIAN AMERICAN AND PACIFIC ISLANDERS (AAPI) Margaret Liang, Board President of APAPA Tri-Valley Chapter, provided public comment. Scott Roberts, APAPA Tri-Valley Chapter, provided public comment. Lisa Yep Salinas provided public comment. 11 DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING MARCH 16, 2021 RESULT:ADOPTED [UNANIMOUS] MOVED BY:Shawn Kumagai, Vice Mayor SECOND:Sherry Hu, Councilmember AYES:Hernandez, Hu, Josey, Kumagai, McCorriston 5. Written Communication – None. 6. Public Hearing – None. 7. Unfinished Business 7.1. Option Agreement with Corona Ely Ranch, Inc. for the Regional Street Affordable Housing Project Shirley Lewandowski provided public comment. The City Council received an update on the proposed Regional Street affordable housing project located at 6541-6543 Regional Street. By motion of Councilmember Josey, seconded by Vice Mayor Kumagai, and by unanimous vote, the City Council adopted the Resolution Approving an Option Agreement between the City of Dublin and Corona Ely Ranch, Inc. on Property to be Developed for an Affordable Housing Project, and approved the budget change. RESOLUTION NO. 23 - 21 APPROVING AN OPTION AGREEMENT BETWEEN THE CITY OF DUBLIN AND CORONA ELY RANCH, INC. ON PROPERTY TO BE DEVELOPED FOR AN AFFORDABLE HOUSING PROJECT RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Shawn Kumagai, Vice Mayor AYES:Hernandez, Hu, Josey, Kumagai, McCorriston 12 DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING MARCH 16, 2021 7.2. Fallon East General Plan Amendment Study Initiation Request The City Council considered initiating a General Plan Amendment Study for approximately 73 acres east of Fallon Road on the GH PacVest and Alameda properties. The Study would evaluate changing the existing General Plan land use designation from General Commercial to General Commercial/Campus Office. By motion of Councilmember McCorriston, seconded by Councilmember Hu, and by unanimous vote, the City Council adopted RESOLUTION NO. 24 - 21 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY TO EVALUATE CHANGING THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO GENERAL COMMERCIAL/CAMPUS OFFICE FOR APPROXIMATELY 73 ACRES ON THE GH PACVEST AND ALAMEDA PROPERTIES APN: 985-0027-002-00 AND 985-0027-003-00) (PLPA-2021-00009) RESULT:ADOPTED [UNANIMOUS] MOVED BY:Michael McCorriston, Councilmember SECOND:Sherry Hu, Councilmember AYES:Hernandez, Josey, Kumagai, McCorriston, Hu 8. New Business - None. 9. Other Business Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). By consensus, the City Council directed Staff to bring back a proclamation at the May 18, 2021, City Council meeting proclaiming June as LGBTQ+ Pride Month in the City of Dublin, and fly the Progress Forward Pride Flag at City Hall to express inclusiveness. Mayor Hernandez called for a moment of silence to remember those who lost their lives to COVID-19 during the past year. 13 DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING MARCH 16, 2021 10.Adjournment The meeting was adjourned at 9:14 p.m. Mayor ATTEST: City Clerk 14 MINUTES OF THE CITY OF DUBLIN CITY COUNCIL Special Meeting: March 19, 2021 MINUTES 1 CITY COUNCIL SPECIAL MEETING MARCH 19, 2021 Attachment 2 A Special Meeting of the Dublin City Council was held on Friday, March 19, 2021, at the Shannon Community Center. The meeting was called to order at 9:04 a.m., by Mayor Hernandez. 1. Call to Order and Pledge of Allegiance Attendees Present Title Melissa Hernandez Mayor Shawn Kumagai Vice Mayor Jean Josey Councilmember Michael McCorriston Councilmember Sherry Hu Councilmember 2. Public Comment - None. 3. Retreat, Facilitated by Nancy Hetrick and Christine Butterfield of Management Partners The City Council participated in team building with facilitators Nancy Hetrick and Christine Butterfield of Management Partners, along with City Manager Linda Smith, Assistant City Manager Colleen Tribby, and City Attorney John Bakker. Items discussed included Governance Roles, Practices of Effective Councils, and the City Council Norms. Adjournment The meeting was adjourned by Mayor Hernandez at 2:12 p.m. Mayor ATTEST: City Clerk 15 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.2 DATE:April 6,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:City Proclamations for the Month of April Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will consider the following proclamations for the month of April in the City of Dublin: Arbor Day, Sexual Assault Awareness Month, Donate Life Month, Financial Capability Month, Child Abuse Prevention Month, Second Chance Month, and Fair Housing Month. STAFF RECOMMENDATION: Approve the proclamations. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider the following proclamations for the month of April: 1. Arbor Day National Arbor Day is April 30, 2021. While in years past this was a time for volunteer opportunities and community events for all ages, current CDC guidelines surrounding COVID-19 make this year very different. The Arbor Day Foundation is encouraging virtual events for Arbor Day 2021. 2. Sexual Assault Awareness Month According to the National Sexual Violence Resource Center, April 2021 marks the official 20th anniversary of Sexual Assault Awareness Month. 3. Donate Life Month Donate Life Month was established nationally by Donate Life America and its partnering organizations in 2003. Observed each April, National Donate Life Month helps to encourage 16 Page 2 of 3 Americans to register as organ, eye, and tissue donors and to honor those that have saved lives through the gift of donation. 4. Financial Capability Month The Financial Literacy and Education Commission (FLEC) recognizes Financial Capability or Financial Literacy Month each April to raise public awareness of the importance of financial literacy and maintaining smart money management habits. 5. Child Abuse Prevention Month According to the U.S. Department of Health and Human Services, National Child Abuse Prevention Month recognizes the importance of communities working together to help families thrive and prevent child maltreatment. Throughout the year and especially during the month of April, communities are encouraged to increase awareness about child and family well-being and work together to implement effective strategies that support families and prevent child abuse and neglect. This year’s theme for National Child Abuse Prevention Month is “Thriving Children and Families: Prevention with Purpose”. 6. Second Chance Month According to the National Association of Criminal Defense Layoffs (NACDL), April 2021 will celebrate Second Chance Month. Since 2017, NACDL, Prison Fellowship, and other national partners have recognized Second Chance Month as a time to raise awareness about the obstacles faced by over 70 million Americans with a criminal record and unlock opportunities for them to succeed. 7. Fair Housing Month National Fair Housing Month celebrates the passage of the Fair Housing Act in April 1968, a national law that prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, and gender. Fair Housing Month reminds us that the principle of fair housing is not only state and national law, but a fundamental human concept and entitlement for all people. As a community, we welcome all good neighbors and recognize the contributions of a wide variety of people from diverse backgrounds, colors, ethnicities, and religious traditions. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Arbor Day Proclamation 2) Sexual Assault Awareness Month Proclamation 17 Page 3 of 3 3) Donate Life Month Proclamation 4) Financial Capability Month Proclamation 5) Child Abuse Prevention Month Proclamation 6) Second Chance Month Proclamation 7) Fair Housing Month Proclamation 18 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Arbor Day – April 30, 2021” WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in the City of Dublin increase property values, enhance the economic vitality of business areas, and beautify the community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 30, 2021 as Arbor Day in the City of Dublin and encourages all citizens to plant and care for trees to gladden the hearts and promote the well-being of this and future generations. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 19 Attachment 2 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Sexual Assault Awareness Month” WHEREAS, April is nationally designated as Sexual Assault Awareness Month (SAAM) – a time to draw attention to the prevalence of sexual assault and educate individuals and communities about how to prevent it; and WHEREAS, we know that, in the United States alone, nearly one in five women and one in 67 men have been raped at some time in their lives and that one in six boys and one in four girls are sexually abused before the age of 18; and WHEREAS, sexual harassment, assault, and abuse happen in all communities, including online spaces. We are spending more and more of our lives online, whether for work, school, or entertainment. Unfortunately, with this increase in virtual connection comes an increase in online abuse and harassment. Consent and boundaries can be violated online in a number of ways, and the trauma of online abuse is all too real for many survivors; and WHEREAS, 2021 marks the twentieth anniversary of SAAM, and the National Sexual Violence Resource Center campaign for April 2021 is “We Can Build Safe Online Spaces”; and WHEREAS, the campaign calls on us to create online spaces that are built on the foundational values of practicing consent, keeping kids safe, and supporting survivors. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Sexual Assault Awareness Month in the City of Dublin and encourages all citizens to learn how to create safe and respectful online communities. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 20 Attachment 3 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Donate Life Month” WHEREAS, April is recognized as National Donate Life Month (NDLM), established in 2003 by Donate Life America; and WHEREAS, NDLM helps to encourage Americans to register as organ, eye, and tissue donors and to honor those that have saved lives through the gift of donation; and WHEREAS, the 2o21 theme for NDLM is the “Garden of Life”; and WHEREAS, the Donate Life garden depicts an ecosystem of plants, insects, and other components working together to form an interconnected living system. Similarly, we each have the potential to nurture and enrich our communities through organ, eye, and tissue donation; and WHEREAS, April 16, 2021 is National Donate Life Blue and Green Day, and National Donate Life America is encouraging citizens to wear blue and green to increase awareness around organ, eye, and tissue donation. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Donate Life Month in the City of Dublin and encourages all citizens to become educated about living donations and consider registering as a donor. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 21 Attachment 4 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Financial Capability Month” WHEREAS,on March 9, 2004, Senate Resolution 316 was passed designating April 2004 as “Financial Literacy Month”.The purpose of the Resolution was to raise public awareness about the importance of financial education in the United States and the serious consequences associated with the lack of understanding about personal finances; and WHEREAS, each April, federal and state agencies, credit unions, schools, nonprofit organizations, businesses, and other entities take part in this initiative to raise awareness about the importance of financial literacy education in the United States and the consequences that may be associated with a lack of understanding about personal finances; and WHEREAS, the Financial Literacy and Education Commission encourages people to take action to improve their financial futures; and WHEREAS, many people have experienced the challenges of rebuilding their lives after a disaster. One of the best ways to prepare for a natural disaster is knowing the risks of where you live and saving for the unexpected; and WHEREAS, due to COVID-19, Money Smart Week will be held virtually April 10-17, 2021. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Financial Capability Month in the City of Dublin and encourages all citizens to start developing short and long-term financial habits through financial literacy. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 22 Attachment 5 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Child Abuse Prevention Month” WHEREAS, National Child Abuse Prevention Month recognizes the importance of communities working together to help families thrive and prevent child maltreatment; and WHEREAS, during the month of April and throughout the year, communities are encouraged to increase awareness about child and family well-being, and work together to implement effective strategies that support families and prevent child abuse and neglect; and WHEREAS, this year, the Children’s Bureau’s theme for National Child Abuse Prevention Month is “Thriving Children and Families: Prevention with Purpose”; and WHEREAS, child abuse can have long-term psychological, emotional, and physical effects that have lasting consequences for victims of abuse; and WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between child welfare professionals, and education, health, community, and faith-based organizations and businesses, law enforcement agencies, and families; and WHEREAS, prevention remains the best defense for our children and families. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Child Abuse Prevention Month in the City of Dublin and urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all children and families. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 23 Attachment 6 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Second Chance Month” WHEREAS,in April 2021, the National Association of Criminal Defense Lawyers (NACDL) will celebrate Second Chance Month; and WHEREAS, since 2017, NACDL, Prison Fellowship, and other national partners have recognized Second Chance Month as a time to raise awareness about the obstacles faced by over 70 million Americans with a criminal record and unlock opportunities for them to succeed; and WHEREAS, every person has dignity and potential, but one in three American adults has a criminal record which limits their access to education, jobs, housing, and other resources they need to reach their potential; and WHEREAS, now, more than ever, it is crucial to raise awareness about the challenges men and women face upon reentry as they seek healthcare, housing, and employment. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Second Chance Month in the City of Dublin to educate citizens of the challenges faced by those affected by crime and incarceration. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 24 Attachment 7 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Fair Housing Month” WHEREAS, Fair Housing Month celebrates the passage of the Fair Housing Act in April, 1968, a national law that prohibits the discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, and gender; and WHEREAS, each April, the U.S. Department of Housing and Urban Development (HUD) observes Fair Housing Month; and WHEREAS, economic stability, community health, and human relations in all communities are improved by diversity and integration; and WHEREAS, Fair Housing is integral to the ethical commitment of members of the National Association of Realtors and the City of Dublin and is critical to the ability of all real estate professionals to serve their clients, customers, and communities; and WHEREAS, April is designated Fair Housing Month to encourage residents of the City of Dublin to attend fair housing education seminars, and to support local and state efforts to end discrimination in housing. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Fair Housing Month in the City of Dublin to establish an inclusive community committed to fair housing and to promoting appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents in the City of Dublin. DATED: April 6, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 25 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Tracts 8370, 8371, and 8373, Boulevard Neighborhoods 19, 20, and 24 – Final Map Notice Prepared by: Erwin Ching, Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer’s pending approval of the Final Maps for Tracts 8370, 8371, and 8373, Boulevard Neighborhoods 19, 20, and 24. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: The Boulevard development (formerly Dublin Crossing) is located along Dublin Boulevard, between Scarlett Drive and Arnold Road. The development is being subdivided into several neighborhoods. The developer has prepared final maps, Tracts 8370, 8371, and 8373 for neighborhoods 19, 20, and 24, respectively. In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following: City Engineer’s pending decision on the following Final Maps: Tract Location Developer Number of Units/Lots Type Proposed Decision 8370 Boulevard, Neighborhood 19 Dublin Crossing, LLC 91 Lots Duets Approve 8371 Boulevard, Neighborhood 20 Dublin Crossing, LLC 75 Lots Single Family Approve 26 Page 2 of 2 Tract Location Developer Number of Units/Lots Type Proposed Decision 8373 Boulevard, Neighborhood 24 Dublin Crossing, LLC 100 Lots Single Family Approve STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Tract 8370 Final Map 2) Tract 8371 Final Map 3) Tract 8373 Final Map 27 Attachment 128 29 30 31 32 33 34 35 Attachment 236 37 38 39 40 41 COUNTY RECORDER'S STATEMENT:FILED FOR RECORD THIS DAY OF , 2021 AT M., IN BOOK OF MAPS ATPAGES THROUGH , UNDER SERIES NO. 2021 AT THE REQUEST OFFIRST AMERICAN TITLE COMPANY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAMEDA, STATE OFCALIFORNIA.FEE: $_____________MELISSA WILKCOUNTY RECORDER IN AND FOR THE COUNTYOF ALAMEDA, STATE OF CALIFORNIABY: DEPUTYOWNER'S ACKNOWLEDGMENT:A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHOSIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OFTHAT DOCUMENT.STATE OF CALIFORNIA COUNTY OF )ON , 2021, BEFORE ME , A NOTARY PUBLIC,PERSONALLY APPEAREDWHOPROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED TO THEWITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZEDCAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OFWHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH ISTRUE AND CORRECT.WITNESS MY HAND:SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: TRACT 8373OWNER'S STATEMENT:THE UNDERSIGNED DOES HEREBY STATE THAT HE/SHE/THEY IS/ARE THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHINTHE TRACT BOUNDARY LINE OF THIS FINAL MAP ENTITLED: "TRACT 8373, BOULEVARD, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”,CONSISTING OF TEN (10) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT HE/SHE/THEY CONSENT/S TO THEPREPARATION AND FILING OF SAID MAP; THAT SAID MAP PARTICULARLY SETS FORTH AND DESCRIBES ALL THE LOTS INTENDED FOR SALEBY THEIR NUMBER AND PRECISE WIDTH AND LENGTH; AND THAT SAID MAP PARTICULARLY SETS FORTH AND DESCRIBES THE PARCELS OFGROUND RESERVED FOR PUBLIC PURPOSES BY THEIR BOUNDARIES, COURSES, AND EXTENT.THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES: THE AREAS IN,UNDER, ALONG, AND ACROSS ANY AREA OR STRIP OF LAND DESIGNATED AS PUBLIC SERVICE EASEMENTS (PSE), AS DELINEATED ANDEMBRACED WITHIN THE BOUNDARIES OF THE HEREIN EMBODIED MAP, DEDICATED TO THE CITY OF DUBLIN FOREVER FOR THE"PURPOSES OF PUBLIC SERVICES" (AS HEREIN DEFINED). THE "PURPOSES OF PUBLIC SERVICES" SHALL INCLUDE THE CONSTRUCTION,RECONSTRUCTION, REMOVING, REPLACING, MAINTAINING, OPERATING, AND USING "PUBLIC SERVICE FACILITIES" (AS DEFINED HEREIN),AND ACCESS THROUGH THE PUBLIC SERVICE EASEMENT FOR THESE PURPOSES. "PUBLIC SERVICE FACILITIES" SHALL INCLUDE PUBLICUTILITIES, FIRE HYDRANTS, ELECTROLIERS, IRRIGATION SYSTEMS, SIGNS AND TRAFFIC SIGNALS, AND ALL NECESSARY APPURTENANCESTHERETO SUCH AS BRACES, CONNECTIONS, FASTENINGS, APPLIANCES, AND FIXTURES FOR USE IN CONNECTION THEREWITH. ALL PUBLICSERVICE EASEMENTS SHALL BE KEPT OPEN AND FREE FROM BUILDINGS OR STRUCTURES OF ANY KIND, WITH THE SOLE EXCEPTION OFPUBLIC SERVICE FACILITIES. ALL PUBLIC SERVICE EASEMENTS SHALL BE CONSIDERED PUBLIC "WAYS" AS THAT TERM IS USED INCALIFORNIA PUBLIC UTILITIES CODE SECTION 6202, AND ALL PUBLIC UTILITIES HOLDING A VALID FRANCHISE FROM THE CITY SHALL HAVETHE RIGHT TO USE THE PUBLIC SERVICE EASEMENTS IN ACCORDANCE WITH THE TERMS OF THE FRANCHISE.THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES: THE AREASDESIGNATED AS SIDEWALK EASEMENT (SWE), AS DELINEATED AND EMBRACED WITHIN THE BOUNDARIES OF THE HEREIN EMBODIED MAP,FOR THE PURPOSE OF INGRESS AND EGRESS, CONSTRUCTION AND MAINTENANCE OF SIDEWALKS, AND ALL RELATED APPURTENANCES.THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES: THE AREASDESIGNATED AS EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), AS DELINEATED AND EMBRACED WITHIN THE BOUNDARIES OF THEHEREIN EMBODIED MAP, FOR THE PURPOSE OF INGRESS AND EGRESS OF PUBLIC SAFETY VEHICLES AND EMERGENCY EQUIPMENT.THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES: THE AREAS ORSTRIPS OF LAND DESIGNATED AS PUBLIC UTILITY EASEMENT (PUE) FOR CONSTRUCTING AND MAINTENANCE OF APPLICABLE UTILITYSTRUCTURES, AND ALL APPURTENANCES THERETO. SAID AREAS OR STRIPS OF LAND ARE TO BE KEPT OPEN AND FREE FROM BUILDINGSAND STRUCTURES OF ANY KIND, EXCEPT APPLICABLE UTILITY STRUCTURES AND APPURTENANCES.THE REAL PROPERTY DESIGNATED AS “DSRSD” ARE IRREVOCABLY OFFERED FOR DEDICATION TO DUBLIN SAN RAMON SERVICESDISTRICT (DSRSD), OR ITS DESIGNEE IN GROSS, AS A SUBSURFACE EASEMENT AND SURFACE EASEMENT FOR POTABLE WATER ANDRECYCLED WATER AND SANITARY SEWER PURPOSES, INCLUDING ACCESS THERETO, FOR CONSTRUCTION, OPERATION, MAINTENANCE,REPAIR AND REPLACEMENT OF WORKS, IMPROVEMENTS, AND STRUCTURES, AND THE CLEARING OF OBSTRUCTIONS AND VEGETATION.NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALL ANYTHING BE DONE THEREIN, NOR ACCESS RESTRICTEDTHERETO WHICH MAY INTERFERE WITH DSRSD'S FULL ENJOYMENT OF SAID EASEMENT. SAID “DSRSD'" EASEMENT SHALL BE ACCEPTEDBY SEPARATE INSTRUMENT.THE REAL PROPERTY DESIGNATED AS PRIVATE ACCESS EASEMENT (PAE), AND PARCELS A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P Q, R, S, T,U, AND V ARE FOR THE PURPOSE OF PRIVATE VEHICLE AND PEDESTRIAN ACCESS WAYS. SAID EASEMENTS ARE NOT OFFERED FORDEDICATION TO THE PUBLIC. SAID AREAS SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION GOVERNING TRACT8373.THE REAL PROPERTY DESIGNATED AS PRIVATE STORM DRAIN EASEMENT (PSDE) ARE FOR THE PURPOSE OF SURFACE FLOW OF STORMWATER ON OR OVER THAT CERTAIN STRIP OF LAND DESIGNATED AS PSDE, AND INSTALLATION AND MAINTENANCE OF PRIVATE STORMDRAINAGE FACILITIES AND APPURTENANCES THERETO. SAID EASEMENTS ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC.MAINTENANCE OF SAID AREAS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION GOVERNING TRACT 8373. SAIDEASEMENT SHALL BE KEPT OPEN AND FREE OF ANY OBSTRUCTIONS OF ANY KIND AND SURFACE ELEVATIONS SHALL NOT BE ALTERED.THE REAL PROPERTY DESIGNATED AS PARCELS W, X, Y, Z, AA, BB, CC, DD, AND EE, BEING SANDPIPER ROAD, SILHOUETTE WAY, ROMEOSTREET, SILHOUETTE COURT, STANZA COURT, AND SIENNA COURT, ARE FOR THE PURPOSE OF PRIVATE STREETS, SAID PRIVATESTREETS ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC. MAINTENANCE OF SAID AREAS SHALL BE THE RESPONSIBILITY OF THEHOMEOWNERS ASSOCIATION GOVERNING TRACT 8373.THE REAL PROPERTY DESIGNATED AS ZONE 7 MAINTENANCE EASEMENT (ME) ARE HEREBY IRREVOCABLY OFFERED FOR DEDICATION TOZONE 7 WATER AGENCY AKA ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) OR ITS DESIGNEE INGROSS, AS A SUBSURFACE EASEMENT AND SURFACE EASEMENT, INCLUDING ACCESS THERETO, FOR THE CONSTRUCTION, OPERATION,MAINTENANCE, REPAIR AND REPLACEMENTS OF WORKS, IMPROVEMENTS, AND STRUCTURES, AND THE CLEARING OF OBSTRUCTIONSAND VEGETATION. NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALL ANYTHING BE DONE THEREIN, NORACCESS RESTRICTED THERETO WHICH MAY INTERFERE WITH ZONE 7'S FULL ENJOYMENT OF SAID EASEMENT. SAID ZONE 7 MAINTENANCEEASEMENT (ME) SHALL BE ACCEPTED BY SEPARATE INSTRUMENT.THE REAL PROPERTY DESIGNATED AS PARCELS FF, GG, HH, II, JJ, KK, AND LL, ARE RESERVED AS COMMON AREAS AND ARE NOT OFFEREDFOR DEDICATION TO THE PUBLIC. MAINTENANCE OF SAID ARES SHALL BE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATIONGOVERNING TRACT 8373.THE REAL PROPERTY DESCRIBED HEREIN IS ALSO SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, ANDRESTRICTIONS (CC&R'S) THAT GOVERN THIS SUBDIVISION AND ANY AMENDMENTS THERETO APPROVED IN ACCORDANCE WITH THEIRTERMS.THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES AND/OR OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP.IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT.OWNERS: DUBLIN CROSSING, LLC, A DELAWARE LIMITED LIABILITY COMPANYBY: BROOKCAL DUBLIN, LLC, A DELAWARE LIMITED LIABILITY COMPANYITS: MEMBERBY: BY: NAME: NAME:TITLE: TITLE: DATE: DATE: OWNER'S ACKNOWLEDGMENT:A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHOSIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OFTHAT DOCUMENT.STATE OF CALIFORNIA COUNTY OF )ON , 2021, BEFORE ME , A NOTARY PUBLIC,PERSONALLY APPEAREDWHOPROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED TO THEWITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZEDCAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OFWHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH ISTRUE AND CORRECT.WITNESS MY HAND:SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: OWNERS (CONTINUED): DUBLIN CROSSING, LLC, A DELAWARE LIMITED LIABILITY COMPANYBY: SPIC DUBLIN, LLC, A DELAWARE LIMITED LIABILITY COMPANYITS: MEMBERBY: STANDARD PACIFIC INVESTMENT CORP., A DELAWARE CORPORATIONITS: SOLE MEMBERBY: NAME: TITLE: DATE: OWNER'S ACKNOWLEDGMENT:A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHOSIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OFTHAT DOCUMENT.STATE OF CALIFORNIA COUNTY OF )ON , 2021, BEFORE ME , A NOTARY PUBLIC,PERSONALLY APPEAREDWHOPROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED TO THEWITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZEDCAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OFWHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH ISTRUE AND CORRECT.WITNESS MY HAND:SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: Attachment 342 CLERK OF THE BOARD OF SUPERVISORS' STATEMENT:I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF ALAMEDA, STATE OFCALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT:□AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AMOUNT OF$___________ CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES,APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT.□ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA.IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF ____________, 2021.ANIKA CAMPBELL-BELTONBY: CLERK OF THE BOARD OF SUPERVISORS DEPUTY COUNTY CLERKCOUNTY OF ALAMEDA, STATE OF CALIFORNIAACTING CITY SURVEYOR'S STATEMENT:I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED “TRACT 8373", AND I AM SATISFIED THAT THIS FINAL MAP ISTECHNICALLY CORRECT.DEAN A. JURADO, L.S. NO. 9032ACTING CITY SURVEYORCITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIADATED:, 2021CITY ENGINEER'S STATEMENT:I, LAURIE L. SUCGANG, CITY ENGINEER OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBYSTATE THAT I HAVE EXAMINED THE HEREIN EMBODIED FINAL MAP ENTITLED "TRACT 8373 , CITY OF DUBLIN, ALAMEDACOUNTY, CALIFORNIA", CONSISTING OF TEN (10) SHEETS, THIS STATEMENT BEING UPON SHEET TWO (2) THEREOF, ANDTHAT THE FINAL MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS __________ DAY OF______________, 2021, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT ANDLOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE SUBDIVISION ASSHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVEDALTERATION THEREOF, AND THAT I APPROVE SAID FINAL MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, ON BEHALF OFTHE CITY OF DUBLIN, PUBLIC UTILITY EASEMENTS (PUE), PUBLIC SERVICE EASEMENTS (PSE), SIDEWALK EASEMENTS(SWE), AND EMERGENCY VEHICLE ACCESS EASEMENTS (EVAE), OFFERED FOR DEDICATION TO THE CITY OF DUBLIN FORPUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION, AND HEREBY REJECT ON THE BEHALF OFTHE CITY OF DUBLIN THE DUBLIN SAN RAMON SERVICES DISTRICT EASEMENTS (DSRSD), AND ZONE 7 MAINTENANCEEASEMENT OFFER OF DEDICATION.I FURTHER STATE THAT ALL AGREEMENTS AND SURETY REQUIRED BY LAW TO ACCOMPANY THE WITHIN FINAL MAP AREAPPROVED AND ARE FILED WITH THE CITY.SIGNED: LAURIE L. SUCGANG, RCE 73022, CITY ENGINEERCITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIADATED: , 2021SURVEYOR'S STATEMENT:THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION (AND WAS COMPILED FROM RECORD DATA) (AND IS BASED UPONA FIELD SURVEY) IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES ATTHE REQUEST OF DUBLIN CROSSING, LLC, IN DECEMBER OF 2018. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLYCONFORMS TO THE CONDITIONALLY APPROVED VESTING TENTATIVE MAP, IF ANY, AND THAT ALL THE MONUMENTSINDICATED HEREON ARE OF THE CHARACTER AND OCCUPY POSITIONS INDICATED HEREON OR WILL BE SET WITHIN TWENTYFOUR MONTHS FROM RECORDATION OF THIS FINAL MAP, AND THE COMPLETION OF IMPROVEMENTS, AND WILL BESUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THATTHE GROSS AREA WITHIN THE MAP IS 10.20 ACRES, MORE OR LESS. DATED: , 2021IAN BRUCE MACDONALDLS NO. 8817SOILS REPORT NOTEA GEOTECHNICAL REPORT, DATED OCTOBER 31, 2018, HAS BEEN PREPARED BY BERLOGAR STEVENS & ASSOCIATES, JOBNO. 3761.109 "DESIGN LEVEL GEOTECHNICAL INVESTIGATION", FOR THIS PROJECT, AND IS ON FILE WITH THE CITY OFDUBLIN.TRACT 837343 TRACT 837344 TRACT 837345 TRACT 837346 TRACT 837347 TRACT 837348 TRACT 837349 TRACT 837350 TRACT 837351 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.4 DATE:April 6,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:First Amendment to the Agreement with CivicPlus for the SeeClickFix Software Prepared by: Colleen Tribby, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider approval of a first amendment to the agreement with CivicPlus for the SeeClickFix software. STAFF RECOMMENDATION: Adopt the Resolution Approving a First Amendment to the Consulting Services Agreement with CivicPlus. FINANCIAL IMPACT: The original agreement with CivicPlus for the SeeClickFix software was not to exceed $42,500. The amendment to the agreement adds $3,565.33, for a total not-to-exceed cost of $46,065.33. There is sufficient funding in the Information Technology Fund budget for this agreement. Annual increases thereafter will be capped at 5% and will be incorporated into future budget cycles. DESCRIPTION: Background On January 22, 2021 the City Manager entered into a Consulting Services Agreement with CivicPlus for the implementation and maintenance of SeeClickFix, a software application that provides online access to public issue reporting and robust data analysis. The new application, which can be accessed through various media or devices, will replace the City’s existing citizen request tool. CivicPlus’ SeeClickFix is an industry leader in citizen request and work management solutions. The application allows photos, videos, and comments to be included with citizen communications to local agencies and provides a location tool to allow agencies to respond quickly and accurately. 52 Page 2 of 3 CivicPlus cites these other benefits to agencies using SeeClickFix: Simplifying internal communication & stop using email, spreadsheets, or sticky notes. Reducing calls with a mobile app and web tools that let citizens report issues on-the-go. Saving time and money with data driven decisions. Increasing civic engagement by involving citizens in community dialogue. Proposed Amendments Dublin’s agreement with CivicPlus includes licenses for the SeeClickFix software, integration with the City’s asset management database, a mapping tool for identifying the location of reported issues, and a City-branded app for mobile devices. The agreement expires January 21, 2022 and has a not-to-exceed cost of $42,500. Since the execution of the agreement, Staff have been working with CivicPlus to implement the software and have identified the need to import past data into the new platform to provide a greater timespan for querying and reporting. In addition, Staff requested that Dublin’s SeeClickFix application have single-sign-on capability, meaning that it would integrate with existing City user account data. CivicPlus provided an additional Statement of Work (Attachment 3) for these new items, increasing the cost of services by $3,565.33. This pushes the total cost of the agreement over the $45,000 threshold of City Manager approval, requiring it to be brought to the City Council for consideration. In conjunction with incorporating the additional services, Staff desires to further amend the agreement to include automatic one-year renewals, with the annual increases not to exceed 5%. Section 2.36.100(B)(4) of the Dublin Municipal Code allows for an exception to the competitive bidding process “When a contract or purchase involves goods of a technical nature” and the “Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost.” Staff in the City Manager’s Office reviewed several similar products and found SeeClickFix to best match the City’s needs regarding the user experience and data reporting. Furthermore, as the SeeClickFix product is offered through CivicPlus, the City’s current provider of web content management services, it integrates seamlessly with City processes. STRATEGIC PLAN INITIATIVE: Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement. Objective C: Enhance citizen online interaction via reporting of issues and transparent data. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a First Amendment to the Consulting Services Agreement with CivicPlus 2) Exhibit A to the Resolution - First Amendment to the Agreement 53 Page 3 of 3 3) Exhibit A.1 to the First Amendment to the Agreement – New Statement of Work 4) Consulting Services Agreement 54 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH CIVICPLUS WHEREAS,on January 22, 2021, the City Manager executed an agreement with CivicPlus, the City’s current service provider of web content management, for the SeeClickFix software to enhance citizen interaction with the City; and WHEREAS,the agreement has a not-to-exceed cost of $42,500 and a one-year term expiring in January 2022; and WHEREAS,during implementation of the SeeClickFix software, CivicPlus agreed upon the City’s request to incorporate past year data into the new database and provide single-sign- on capability, which will increase the agreement cost by $3,565.33 for a total of $46,065.33; and WHEREAS,the City’s Municipal Code requires City Council approval of, and a competitive bidding process conducted for, purchases greater than $45,000; and WHEREAS,Section 2.36.100(B)(4) of the Dublin Municipal Code allows for an exception to the competitive bidding process “When a contract or purchase involves goods of a technical nature” and the “Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost”; and WHEREAS,Staff reviewed several similar products and found that SeeClickFix best matches the City’s needs regarding the user experience and data reporting and seamlessly integrates with other City processes; and WHEREAS,in addition to the increased services, the City desires to provide for automatic renewals of the SeeClickFix services, with an annual increase cap of 5%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Consulting Services Agreement Between the City of Dublin and CivicPlus, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of April 2021, by the following vote: AYES: NOES: ABSENT: 55 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 56 Page 1 of 3 FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CIVICPLUS WHEREAS, on January 22, 2021, the City of Dublin (hereinafter referred to as "CITY") and CIVICPLUS (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for SeeClickFix services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the compensation for the AGREEMENT was approved at a sum not-to- exceed $42,500 and is set to expire on January 22, 2022; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add EXHIBIT A.1 to include extra features, to increase the compensation payable to the CONSULTANT, and to provide for automatic annual renewal terms. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 21, 2022 (“Initial Term”), and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is renewed as provided for herein, or is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. In the event that neither party gives 90 days’ notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this Agreement will automatically renew for another one-year term (“Renewal Term”). The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Renewal Terms are subject to availability and appropriation of funds for renewal in each subsequent year. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 2) Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. For the Initial Term, City hereby agrees to pay Consultant a sum not to exceed Forty Six Thousand Sixty Five dollars and Thirty Three cents ($46,065.33) (“not-to-exceed amount”). Thereafter, for each subsequent Renewal Term, if any, City shall pay Consultant, a sum not to exceed 5% above the not-to- Attachment 2 57 Page 2 of 3 exceed amount payable in the immediately prior Term, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Paragraph 10.12 Integration shall be amended to include EXHIBIT A.1 and will now read as follows: 10.12 Integration. This Agreement, including Exhibits A and A.1, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE 58 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN CIVICPLUS By: _____________________________ By: ________________________________ Linda Smith, City Manager Amy Vikander, Vice President of Client Services Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney 3707840.1 59 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #:Q-14732-1 Date:2/17/2021 1:01 PM Expires On:5/18/2021 Product:SeeClickFix Client: Dublin CA - SCF Bill To: Dublin CA - SCF SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Emily Wehling x(785) 789-3490 wehling@civicplus.com Net 30 SeeClickFix - Statement of Work QTY Product Name DESCRIPTION PRODUCT TYPE 1.00 Request Import Import of up to 25,000 requests, includes one batch import to resolve errors, a second import on test environment, and a final import in production. Data must adhere to SCF specifications. Additional batch imports after these 3 will incur additional cost. One-time 1.00 CivicEngage Custom IdP Integration Package Custom IdP Integration Package Custom IdP Integration Annual Fee Custom IdP Integration Implementation Fee Renewable 1.00 CivicEngage Custom IdP Integration Annual Fee Custom IdP Integration Annual Fee Renewable 1.00 CivicEngage Custom IdP Integration Implementation Fee Custom IdP Integration Implementation Fee One-time 1.00 CivicEngage Custom IdP Integration (Secondary) Secondary set up of Custom IdP One-time List Price - Year 1 Total USD 6,065.33 Total Investment - Year 1 USD 3,565.33 Annual Recurring Services - Year 2 USD 1,653.75 Total Days of Quote:339 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 1 of 4 Exhibit A.1 Attachment 3 60 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the Dublin CA - SCF Statement of Work signed by and between the Parties (“the Agreement”). By signing this SOW, Client expressly agrees to the terms and conditions of the Agreement, as though set forth herein. 2. Client will be invoiced for the Total Investment - Year 1 (the sum of one-time costs and a prorated portion of the Annual Recurring Services) upon signing and submission of this SOW. The Annual Recurring Services subscription fee for the Products (as described above) included in this SOW are prorated and co-termed to align with the Client’s current billing schedule and the Annual Recurring Services amount will subsequently be added to Client's Term and regularly scheduled annual invoices under the terms of the Agreement. 3. Each year this SOW is in effect, a technology investment and benefit fee, as agreed to in the Agreement, will be applied to the Annual Recurring Services subscription fee. Signature Page to follow. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 2 of 4 61 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the Agreement terms and conditions IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: ___________________________________ By: ___________________________________ Name: ___________________________________ Name: ___________________________________ Title: ___________________________________ Title: ___________________________________ Date: ___________________________________ Date: ___________________________________ CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 3 of 4 62 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL ________________________________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Billing Contact E-Mail ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Billing Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ Tax ID # Sales Tax Exempt # ________________________________________________________________________________________________________________________ Billing Terms Account Rep ________________________________________________________________________________________________________________________ Info Required on Invoice (PO or Job #) ________________________________________________________________________________________________________________________ Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: _______________________________________________________________________________________________ Contract Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Project Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 4 of 4 63 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 1 of 14 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CIVICPLUS FOR SEECLICKFIX THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and CivicPlus (“Consultant”) (together sometimes referred to as the “Parties”) as of January 22, 2021 (the Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Statement of Work (“the SOW”) attached as Exhibit A and made part of this Agreement at the time and place and in the manner specified therein. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 21, 2022, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. Notwithstanding the forgoing, Consultant will not be liable or responsible for any delay in the time or completion of the Services due to the action or inaction of City. 1.5 [Intentionally Deleted. 1.6 [Intentionally Deleted]. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Forty Two Thousand Five Hundred ($42,500) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, Attachment 4 64 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 2 of 14 regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices in accordance with the terms as described in Exhibit A. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Consultant shall give separate notice to the City when the total number of hours worked by Consultant exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Annual Payment. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 [Intentionally Deleted] 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 [Intentionally Deleted]. 2.6 [Intentionally Deleted]. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes 65 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 3 of 14 incurred under this Agreement and any similar federal or state taxes. Consultant passes through sales/use tax to Client in those jurisdictions where such tax is required. If City is tax exempt and provides Consultant with proof of such tax-exempt status, Consultant will not apply taxes to the services. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.2.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be 66 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 4 of 14 provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.2.1 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.1 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. 67 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 5 of 14 b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: e. Certificate of Liability Insurance in the amounts specified in the section; f. Additional Insured Endorsement as required by the section; g. Waiver of Subrogation Endorsement as required by the section; and h. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this 68 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 6 of 14 Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 69 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 7 of 14 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit B, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with 70 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 8 of 14 all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Either Party may cancel this Agreement at any time and without cause upon 60 days written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this 71 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 9 of 14 Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 [Intentionally Deleted]. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications. records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both 72 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 10 of 14 Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place 73 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 11 of 14 Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with a City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: CivicPlus Att: Legal Dept 302 S4th Street Suite 500 Manhattan, KS 66502 Any written notice to City shall be sent to: City of Dublin Att:Shari Jackman 100 Civic Plaza Dublin, CA 94568 74 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 12 of 14 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A & B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Statement of Work Exhibit B Indemnification 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.14 Intellectual Property and Ownership. Upon full and complete payment of submitted invoices for any SOW Project Development Fees, City will own the website graphic designs, webpage or software content, module content, importable/exportable data, and archived information as created by CivicPlus on behalf of City pursuant to this Agreement Customer Content”). Upon completion of any SOW Project Development, City will assume full responsibility for website, software or module content maintenance and administration. City, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Intellectual Property rights in any software or other original works created by or licensed to CivicPlus prior to the execution of this Agreement (“CivicPlus Property”) will remain the property of CivicPlus. City shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way; (ii) modify or make derivative works based upon any CivicPlus Property; (iii) create Internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access any CivicPlus Property in order to a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, Provided City complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in Section 14, CivicPlus hereby grants City a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with any valid and effective SOW associated with this Agreement, for the term of the respective SOW. 75 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 13 of 14 CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the service received by the City. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by City or any entity employed/contracted on the City’s behalf. City agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users’ personal data on any website or online service provided by CivicPlus. City further agrees that CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the website or the consequences of the solicitation, collection, storage, or other use by City or by any third party of personal data. SIGNATURES ON FOLLOWING PAGE The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear 76 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix January 22, 2021 Page 14 of 14 below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN CIVICPLUS Linda Smith, City Manager $P\9LONDQGHU 9LFH 3UHVLGHQW RI OLHQW 6DOHV Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070368.1 77 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix Last revised January 22, 2021 Exhibit A – Page 1 of 1 EXHIBIT A Statement of Work Please see attached. 78 Prepared for: Shari Jackman CITY OF DUBLIN 100 Civic Center Plaza Dublin, California, 94568 shari.jackman@dublin.ca.gov 925) 556-4555 Prepared by: Lucas Clark Enterprise Account Manager lclark@civicplus.com Issue Date: 1/15/2021 Pricing Expires: 2/3/2021 Product Name DESCRIPTION QTY TOTAL SeeClickFix Annual - Unlimited Users SeeClickFix Unlimited Annual Licenses 1.00 USD 30,000.00 SeeClickFix Connector for Dude Solutions SeeClickFix-hosted integration with Dude Solutions Asset Essentials Enterprise API REST/JSON), for Work Orders. 1.00 USD 5,250.00 SeeClickFix Connector for ArcGIS Feature Service within ArcGIS to display your request data in internal reports, public maps and Open Data Portals 1.00 USD 2,250.00 Marketplace App Annual Marketplace App Annual 1.00 USD 5,000.00 TOTAL:USD 42,500.00 List Price - Year 1 Total USD 49,750.00 One Time Costs USD 0.00 Annual Recurring Costs - Year 2 USD 44,625.00 Annual Recurring Costs are subject to 5% annual technology uplift beginning in year 2 of service. Total Days of Quote:365 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://legal.seeclickfix.com/terms-and-conditions-cp/ (“MSA”), to which this SOW is hereby attached as the SeeClickFix Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the event that neither party gives 90 days’ notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. The Total Investment - Year 1 (the sum of the One Time Costs and the Recurring Costs) will be invoiced at signing of this SOW. Client will pay all invoices within 30 days of the date of invoice. 4. Renewal Term Annual Recurring Costs shall be invoiced beginning in year 2 of service. Page 1 of 3 79 Consulting Services Agreement between City of Dublin and CivicPlus for SeeClickFix Last revised January 22, 2021 Exhibit B – Page 1 of 1 EXHIBIT B INDEMNIFICATION Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all third party liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever comes first. 80 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.5 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to the Memorandum of Understanding for the Dublin Place Shopping Center Prepared by: Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider approval of a first amendment to the Memorandum of Understanding with ASVRF 7300 Amador, LP (successor in interest to ASVRF Acquisitions, LLC), ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP regarding the Dublin Place Shopping Center. The Amendment includes a 12-month term extension. STAFF RECOMMENDATION: Adopt the Resolution Approving a First Amendment to the Memorandum of Understanding with ASVRF 7300 Amador, LP, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP regarding the Dublin Place Shopping Center. FINANCIAL IMPACT: There is no financial impact associated with the approval of this Amendment. DESCRIPTION: On October 15, 2019, the City Council adopted Resolution No. 107-19 (Attachment 3) approving a Memorandum of Understanding (MOU) between the City of Dublin and ASVRF Acquisitions, LLC, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP for the Dublin Place Shopping Center. The Dublin Place Shopping Center located in the Retail District of Downtown Dublin contains eight parcels with two property owners. ASVRF Dublin Place, LP, also known as American Realty Advisors (ARA), now owns six of the eight parcels. At the time of the initial MOU in September 2019, ARA only owned five of the eight parcels and desired to acquire 7300 Amador Plaza Rd. in partnership with the City of Dublin. During that time, the City was working on the development of the Downtown Preferred Vision 81 Page 2 of 3 project and was working with ARA to develop new and more appropriate uses for the Shopping Center consistent with the City’s Downtown Dublin Specific Plan, and to amend the Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal Easement Agreement (REA) encumbering the Shopping Center. The MOU outlined the terms between ARA and the City as it related to the joint commitment of funds towards the acquisition of 7300 Amador Plaza Rd. As part of the acquisition, the City contributed $3,000,000 and ARA contributed $3,775,000. The MOU outlined the following requirements of ARA: Acquire the other portions of the Shopping Center, and if successful in acquiring the remaining sites, cooperate in the City’s efforts to site a town square park and sell the City the necessary acreage as outlined in the MOU; Identify and create a separate site for the development of an up-to-80-unit affordable senior housing site; Obtain termination rights and/or relocation rights within the leases for any future lease(s) within both the 7950 Amador Valley Blvd. property and 7300 Amador Plaza Rd. property; Apply for a permit for a new monument signage program which would include a rebranding effort of the Shopping Center; and If, during the 18-month period as outlined in the MOU, the City does not approve a higher and better use of 7505 Dublin Blvd. as part of a larger redevelopment of the Shopping Center, or if ARA decides that it would be beneficial not to develop 7505 Dublin Blvd. as part of a larger redevelopment of the Shopping Center, then ARA will obtain a building permit for the development of 7505 Dublin Blvd. Due to the COVID-19 pandemic and the significant impact to owners and tenants of retail properties, priorities were shifted and substantial delays in negotiations occurred. It is for this reason that the City and ARA have agreed to extend the MOU for a period of 12 months to April 14, 2022. STRATEGIC PLAN INITIATIVE: Strategy 1: Implement the City’s Adopted Preferred Vision for Downtown Dublin. Objective B: Work with property owners on acquisitions that result in the creation of a future town square. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and a copy of this Staff Report has been provided to ARA. ATTACHMENTS: 1) Resolution Approving a First Amendment to Memorandum of Understanding (Dublin Place Shopping Center) 82 Page 3 of 3 2) Exhibit A to the Resolution – First Amendment to the Memorandum of Understanding (Dublin Place Shopping Center) 3) Resolution No. 107-19 Approving a Memorandum of Understanding (Dublin Place Shopping Center) 83 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (DUBLIN PLACE SHOPPING CENTER) WHEREAS,on October 15, 2019, the City Council adopted Resolution No. 107-19 approving a Memorandum of Understanding (MOU) between the City of Dublin and ASVRF Acquisitions, LLC, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP also known as American Realty Advisors (ARA) for the Dublin Place Shopping Center; and WHEREAS,upon the City’s request, ARA agreed to use commercially reasonable efforts to facilitate future development of the Shopping Center and site a Town Square, including the acquisition of 7300 Amador Plaza Rd. (the “Property); and WHEREAS,the MOU outlined the terms between ARA and the City as it related to the joint commitment of funds towards the acquisition of the Property; and WHEREAS,due to the COVID-19 pandemic and the significant impact to owners and tenants of retail properties, priorities were shifted and substantial delays in negotiations occurred; and WHEREAS,the City requested, and ARA agreed, to extend the MOU for a period of 12 months. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Memorandum of Understanding between the City of Dublin and ASVRF 7300 Amador, LP, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the agreements, attached hereto as Exhibit A,and make any necessary, non- substantive changes to carry out the intent of this Resolution, including amendments to the Funding Agreement related to the acquisition of the Property, as deemed appropriate by the City Manager. PASSED, APPROVED AND ADOPTED this 6th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor 84 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ATTEST: _________________________________ City Clerk 85 ARAV-55373\2400145.1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (Dublin Place Shopping Center) This First Amendment to Memorandum of Understanding (“First Amendment”) dated as of April 6, 2021 (“Effective Date”), is entered into between and among the City of Dublin (the “City”), ASVRF 7300 Amador, LP, a Delaware limited partnership (“ASVRF 7300”) as successor in interest to ASVRF Acquisitions, LLC, a Delaware limited liability company (“ASVRF Acquisitions”), ASVRF Dublin Place, LP, a Delaware limited partnership (“ASVRF Dublin”) and ASVRF 6960 Amador, LP, a Delaware limited partnership (“ASVRF Amador” and collectively “Owners”). The City and Owners are each individually referred to as a “Party” and collectively referred to as the “Parties.” Capitalized terms not defined in this First Amendment shall have the meanings specified in the MOU. RECITALS WHEREAS, ASVRF Acquisitions assigned all of its interest under the Purchase Agreement to ASVRF 7300 which has acquired 7300 Amador Plaza Road, Dublin, California, Assessor’s Parcel No. 941-0305-027 (the “7300 Amador Property”), located within the Dublin Place Shopping Center (the “Shopping Center”); and WHEREAS, the Owners wish to develop new and more appropriate uses for the Shopping Center consistent with the City’s Downtown Dublin Specific Plan, including the siting of a Town Square and the City is supportive of these efforts; and WHEREAS, Owners and the City desire to see the Covenants, Conditions & Restricts (CC&Rs) and Reciprocal Easement Agreement (REA) encumbering the Shopping Center amended to allow more appropriate uses at the Shopping Center, consistent with the City’s Downtown Dublin Specific Plan, redevelopment opportunities of various areas within the Shopping Center, and/or improved signage; and WHEREAS, to bring specificity to their joint commitment and to set out in general terms and actions to encourage future development of the Shopping Center and siting of a Town Square, consistent with the City’s Downtown Specific Plan, the Parties entered into a Memorandum of Understanding dated October 15, 2019 (the “MOU”); and WHEREAS, Owners and / or City have satisfied the requirements of Sections 2.A. and 2.B of the MOU; and WHEREAS, in response to a request by the City, Owners have agreed to extend the Term of the MOU upon the terms and conditions set forth herein. NOW THEREFORE, the Parties hereby agree as follows: Section 1. Recitals. The Recitals stated above are hereby ratified by the Parties as being true, accurate and correct and are incorporated herein as if set forth in full. Section 2. Term. The Term of this MOU shall be extended to the close of business on April 14, 2022 and any other time periods specified in the MOU shall be extended accordingly. Attachment 2 86 ARAV-55373\2400145.1 2 Section 3. Acquisitions. Pursuant to its obligations under Section 3.A.1. of the MOU, ASVRF Acquisitions and subsequently ASVRF 7300 have made good faith efforts to acquire the other portions of the Shopping Center consistent with its obligations under Section 3.A.1 thereunder. The foregoing notwithstanding, ASVRF 7300, or an affiliate thereof, shall continue such good faith efforts during the extended Term of this MOU. It is understood and agreed that the inability of ASVRF 7300 or an affiliate thereof to reach an agreement with the owner of the 941 Parcel to purchase said parcel for reasons that include, but are not limited to, the unwillingness of the owner of the 941 Parcel to negotiate or negotiate in good faith or a failure by said owner to respond to ASVRF 7300 or an affiliate thereof in a timely fashion shall not constitute a breach by, or failure of ASVRF 7300 or an affiliate thereof to satisfy its obligations hereunder. Section 4. Senior Housing Site. Pursuant to its obligations under Section 3.A.2 of the MOU, ASVRF Acquisitions and subsequently Owners have made good faith efforts to identify and create a separate site for the development of an affordable senior housing site consistent with its obligations under Section 3.A.2 thereunder. The foregoing notwithstanding, Owners shall continue such good faith efforts under Section 3.A.2. of the MOU to attempt to identify and create a separate site for the development of an up to 80-unit affordable senior housing site, which the City will have the opportunity to acquire based upon the land’s Fair Market Value, is conditioned upon Owners’ successful acquisition of the land identified in Section 3.A.1 and shall be tied to the approval by the City of a master plan development, approval by existing tenants (where applicable) and issuance of building permits related to that portion of the Dublin Place Shopping Center where the affordable senior housing site would be located. Section 5. Sitting of Town Square. Pursuant to its obligations under Section 3. B. of the, MOU, ASVRF Acquisitions and subsequently ASVRF 7300 made good faith efforts to acquire the 941 Parcel consistent with its obligations thereunder. The foregoing notwithstanding, ASVRF 7300, or an affiliate thereof, shall continue such good faith efforts during the extended Term of this MOU. It is understood and agreed that the inability of ASVRF 7300 or an affiliate thereof to reach an agreement with the owner of the 941 Parcel to purchase said parcel for reasons that include, but are not limited to, the unwillingness of the owner of the 941 Parcel to negotiate or negotiate in good faith or a failure by said owner to respond to ASVRF 7300 or an affiliate thereof in a timely fashion shall not constitute a breach by, or failure of ASVRF Acquisitions to satisfy its obligations hereunder. Furthermore, the timing of the close of a purchase and sale agreement, as defined in Section 3.B.1.(i) of the MOU, shall be tied to the approval by the City of a master plan development, approval by existing tenants (where applicable) and issuance of building permits related to the portion of the Dublin Place Shopping Center where the Town Square would be located. Section 6. Entire Agreement. The MOU, as modified by this First Amendment, contains all of the agreements and understandings related to the subject matter hereof. Section 7. Remainder of MOU Unmodified. Except as set forth in this First Amendment, the Parties agree that the MOU is unmodified and in full force and effect and that no Party is in breach of any obligations thereunder. To the extent that the terms of the MOU conflict with the terms of this First Amendment, the terms of this First Amendment shall be controlling. 87 ARAV-55373\2400145.1 3 Section 8. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the Parties have executed this First Amendment, effective as of the date first written above. CITY OF DUBLIN By: Linda Smith, City Manager Attest: By: Marsha Moore, City Clerk Approved as to form By: John D. Bakker, City Attorney ASVRF 7300 Amador, LP a Delaware limited liability partnership By: ASVRF Dublin Place GP Corporation, a Delaware corporation, its General Partner By: Name: Kirk Helgeson Its: Executive Vice President Date: ASVRF DUBLIN PLACE, LP a Delaware limited partnership By: ASVRF Dublin Place GP Corporation, a Delaware corporation its General Partner By: Name: Kirk Helgeson Its: Executive Vice President Date: ASVRF 6960 AMADOR, LP a Delaware limited partnership By: ASVRF Dublin Place GP Corporation, a Delaware corporation its General Partner By: Name: Kirk Helgeson Its: Executive Vice President Date: 3720871.1 88 Attachment 3 89 90 91 92 93 94 95 96 97 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.6 DATE:April 6,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Update on Community Facilities District 2015-1 (Dublin Crossings) Prepared by: Colleen Tribby, Assistant City Manager EXECUTIVE SUMMARY: The City Council will receive an update on Community Facilities District 2015-1 (Dublin Crossings) in preparation for the next bond issuance. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: Background On June 2, 2015 the City Council adopted a series of resolutions forming the City’s first Community Facilities District (CFD), in the area now known as Boulevard. The CFD No. 2015-1 (Dublin Crossing) property is bounded by Dublin Boulevard to the south, Scarlett Drive to the west, Arnold Road to the east, and Camp Parks property to the north. At the same meeting, the City Council deemed it necessary for the CFD to incur debt to finance the construction of certain public capital improvements, secured by the levy of a special tax within the CFD. The June 2, 2015 Staff Report is included here as Attachment 1. The financing program is structured to take place in phases related to designated subareas of the CFD, known as Improvement Areas. Since the CFD formation, as the property has developed and the infrastructure built, the City has issued two series of bonds on behalf of the CFD; the first on August 15, 2017 in the amount of $32,740,000 for Improvement Area No. 1, and the second on June 24, 2019 in the amount of $37,745,000 for Improvement Area No. 2. The total amount of bonds authorized in the entire CFD is not to exceed $150,000,000. All bonds are secured by and 98 Page 2 of 3 repaid from the proceeds of special taxes levied upon only the taxable parcels in the specific Improvement Areas and are not obligations of the City. Staff is currently working with the CFD financing team (identified below) to prepare for a third bond issuance, which will occur in the coming months, and will be brought to the City Council for authorization. CFD Team From 2013 to 2017, Staff assembled, via various Requests for Proposals/Qualifications, a team of expert consultants to assist in the CFD formation process and subsequent bond sales. This team, with minor changes noted below, will continue to assist with future bond sales related to the CFD, via newly executed agreements. The following is a list of the consultants and advisors selected by the City and a description of their services. 1. Financial Advisor (FA) – Fieldman, Rolapp and Associates (James Fabian) Assists with all aspects of the proposed CFD formation and serves as ongoing FA on bond issuances. 2. Bond Counsel / Disclosure Counsel – Jones Hall (David Fama and James Wawrzyniak) Prepares associated legal documents, and prepares continuing disclosures to the bond market regarding any bond issues. Stephanie Downs, from the City Attorney’s office, will provide issuer’s counsel services. 3. Special Tax Consultant – Goodwin Consulting Group (Susan Goodwin) Collects various data on the tax base in the CFD and assists in the development of appropriate special tax calculation and allocation methods. 4. Market Absorption Consultant – RCLCO/Real Estate Advisors (Robert Gardner) Performs studies of the proposed development within the CFD, and prepares estimates, based on specified economic and demographic data, of the rates at which the finished products (lots or completed buildings or units) can be sold, relative to current and future market conditions. 5. Appraiser – Seevers Jordan Ziegenmeyer (Kevin Ziegenmeyer) Performs appraisal of the proposed CFD property in order to estimate its market value subject to the hypothetical condition improvements to be financed by the CFD. The estimate of value also considers the impact of the lien of the special tax securing the bonds. 6. Underwriter – Hilltop Securities (Craig Bettencourt) Assists in the structuring of the bond issue; markets and underwrites the bonds. The City initially selected Craig Bettencourt of Prager & Company for the first two bond sales. Craig will continue to provide these services through Hilltop Securities. 99 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) June 2, 2015 Staff Report (without attachments) 100 $WWDFKPHQW 101 102 103 104 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 6.1 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Weed and Combustible Refuse Abatement Order Prepared by: Bonnie Terra, Division Chief EXECUTIVE SUMMARY: The City Council will conduct the public hearing in accordance with Resolution 06-21 (adopted February 2, 2021) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process. FINANCIAL IMPACT: Initial cost of abatement and administration fee will be billed to the property owners if they fail to abate the problem. There will be no net cost to the City. DESCRIPTION: In accordance with Resolution No. 06-21 (Attachment 1), the City Council declared that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks, and property within the City of Dublin. With this declaration, the Fire Chief or his designee shall notify property owners of violations and order abatement without delay. If the abatement is not completed, the City of Dublin shall, at the expense of the owners, have the weeds or refuse removed. The declaration of a hazard was approved by the City Council on February 2, 2021. Following that approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year, 248 inspections were conducted during the week or March 8, 2021 and 15 1 st Notice letters (Attachment 3) were sent to property owners during the week of March 15, 2021 advising them to 105 Page 2 of 2 abate the hazard. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted in several locations throughout the City. The Staff Report and attachments were made available for public review and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution 06-21 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof 2) Notice to Destroy or Remove Weeds and Refuse 2021 3) 1st Notice Letter 106 Reso. No. 06-21, Item 4.2, Adopted 02/02/21 Page 1 of 1 RESOLUTION NO. 06 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, Government Code Section 39502 et. Seq. authorizes the legislative body of a city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and WHEREAS, the Alameda County Fire Department is under contract to provide services and exercise the powers common to the City of Dublin; and WHEREAS, The City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire Department and the City of Dublin hereby declare as public nuisances all weeds and refuse growing or accumulating upon the streets, sidewalks, and property as defined in section 5.70.030, in the City of Dublin. BE IT FURTHER RESOLVED that the fire Chief, or his designee, shall cause notice to be given to the public in the form and manner provided in sections 5.70.030 and 5.70.040 of the Dublin Municipal Code, notifying said public of the passage of this Resolution and further that on April 6, 2021 at 7:00 p.m., the City Council of the City of Dublin will conduct a public hearing to hear and consider objections to this abatement order. PASSED, APPROVED AND ADOPTED this 2nd day of February 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment 1 107 Attachment 2 108 March 16, 2021 «Mail_to_COMPANY» «Property_Owner» «Mail_to_ADDRESS» «Mail_to__CITY_STATE_ZIP» SUBJECT PROPERTY «Parcel_No» «Street_» «Street_Name» The above subject property was inspected the week of March 8, 2021, and determined to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or eliminate weeds, or other nuisances, before they become a hazard. The Ordinance applies to violations anywhere on the property, whether in an open field, front yard, enclosed side yard, or rear yard. A copy of the removal requirements is enclosed for your reference. By checking your property now and eliminating any hazards, you can avoid possible enforcement action and any related fees. Abatement shall be in accordance with the enclosed removal requirements. The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 6, 2021, to hear and consider objections to this abatement order. The Fire Prevention division will re-inspect your property on or after April 12, 2021, to verify compliance. If there are no violations noted, there will be no further notices or inspections required. Failure to abate your property may ultimately result in a City of Dublin contractor abating your property and an additional administrative fee being added to the contractor’s cost. If it becomes necessary to place a levy on your property to recover unpaid fees, there may also be an additional charge. Remember, to avoid any charges or a citation, all weeds and debris must be removed by the above listed date and maintained throughout the year. Your cooperation is appreciated, and we thank you for your efforts in maintaining a fire safe community. If you have any questions regarding this notice, please contact the Alameda County Fire Department, Dublin Fire Prevention Division at (925) 833-6606. Enclosure Attachment 3 109 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 6.2 DATE:April 6, 2021 TO:Honorable Mayor and City Councilmember FROM:Linda Smith, City Manager SUBJECT:Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The City Council will consider a City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). The United States Supreme Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff is proposing amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content-based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. STAFF RECOMMENDATION: Open the Public Hearing, waive the reading and INTRODUCE the Ordinance amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. FINANCIAL IMPACT: None. DESCRIPTION: Background In Reed v. Town of Gilbert, the United States Supreme Court considered whether local regulations governing the content of signs in Gilbert, Arizona, violated the First Amendment. The Court found that the sign regulations were content-based restrictions on free speech and were unconstitutional. Content-based restrictions are when different types of speech, such as political or religious speech, are regulated differently from one another. The findings in this case had far reaching impacts on sign regulations throughout the country. As a result, local jurisdictions have had to reevaluate their sign regulations to avoid legal challenges. Considering the Court ruling, 110 Page 2 of 5 Staff evaluated the City’s existing Sign Regulations (DMC Chapter 8.84) and determined that amendments were necessary to replace content-based regulations. The proposed Zoning Ordinance Amendment includes revisions to Chapter 8.84 (Sign Regulations) to ensure compliance with the Supreme Court decision. The proposed amendments replace any content-based regulations with those that comply with the Court’s decision. The proposed amendments seek to retain the intent of existing regulations by replacing content-based regulations with non-content-based regulations and other non-substantive amendments to improve the format and organization for clarity and ease of use. The proposed amendments preserve Dublin’s high-quality-built environment and community appearance while balancing economic development and aesthetic interests of the community. Staff also proposes minor amendments to Chapter 8.104 (Site Development Review) to ensure internal consistency within the Zoning Ordinance. On March 9, 2021, the Planning Commission held a public hearing to consider the proposed Zoning Ordinance Amendment and unanimously adopted Resolution No. 21-02 recommending that the City Council adopt an Ordinance approving amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Dublin Zoning Ordinance. Planning Commission Resolution No. 21-02 is included as Attachment 3. Analysis The following is an overview of the proposed amendments to the Sign Regulations (Chapter 8.84) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. Please refer to Attachment 2 for a redlined version of proposed changes where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. Amendments to Chapter 8.84 (Sign Regulations): Content-Based Regulations. The proposed amendments update the definitions and associated standards to remove any content-based regulation not consistent with the Court’s decision. Most notably, the terms/definitions of sign types are proposed to be amended by renaming, eliminating, and combining sign types to eliminate unconstitutional content-based regulations. For example, Automobile/Vehicle Sales Flags and Seasonal Flags are reclassified as Flags. The following table summarizes the existing and proposed sign types when amendments are proposed: Existing Sign Type Proposed Sign Type A-Frame Sign, Portable Sign, Sandwich Board Sign A-Frame Sign Business Sign Awning Sign, Wall Sign, Projecting Sign, Freestanding Sign, etc. Coming Soon Sign Banner Sign Community Identification Sign Identification Sign 111 Page 3 of 5 Existing Sign Type Proposed Sign Type Directional Traffic Sign Identification Sign or Official Public Sign Electronic Readerboard Sign Reader Board Sign Flags- Automobile/Vehicle Sales Flag Flags - Seasonal Flag Going Out of Business Sign Banner Sign Grand Opening Sign Banner Sign Holiday Lights and Decorations Seasonal Lights and Decorations Memorial Tablet Official Public Sign Office Building Master Identification Sign Identification Sign Off-Site Residential Development Directional Sign Real Estate Residential Development Directional Sign Off-Site Temporary For Sale or Lease Sign Real Estate Directional Sign On-Site Temporary For Sale or Lease Sign Real Estate Sign Open-House Sign Real Estate Directional Sign Permanent Banners Banner Sign Private Recreational Signs Awning, Wall Sign, Projecting Sign, Freestanding Sign, etc. Temporary Political Sign Temporary Non-Commercial Sign Temporary Promotional Sign Banner Sign Besides sign type amendments, content-based standards and regulations throughout the Chapter are also proposed to be amended as summarized below. Define Undefined Terms. The proposed amendments add definitions for “Mural,” “Non- Commercial Sign,” “On-Site Sign,” “Off-Site Sign,” “Searchlight,” and “Sign” to provide clarification for the implementation of Chapter 8.84. A-Frame Signs. The proposed amendments include establishing development standards for A-Frame Signs, which were previously prohibited. Permitting A-Frame Signs will serve as an economic development tool to support local businesses while minimizing the potential impacts by decreasing the size and quantity of the signs, ensure they do not obstruct accessible paths, and require professional quality materials and design. Temporary Signs. The current regulations prescribe different time lengths that certain temporary signs can be installed based on the content of the sign. Banner Signs for temporary promotional events are permitted for a maximum of 21 calendar days with a 112 Page 4 of 5 waiting period of 42 consecutive calendar days between displays, while Going-Out-Of- Business and Grand Opening Signs are permitted for 60 consecutive days. The proposed amendments eliminate the content-based time restrictions and reclassify those three sign types as Banner Signs and apply the same time restriction for the display of these signs that is currently allowed for Temporary Promotional Banners (i.e., display for 21 calendar days with a waiting period of 42 consecutive calendar days between displays). Apartment Community Banners (proposed Multifamily Residence Sign) and Balloons retain their time restriction of up to 10 consecutive days and 21 calendar days respectively. Political Signs. The proposed amendments reclassify political signs as Temporary Non- Commercial Signs and eliminate content-based regulations. The existing regulations specify that the signs must be removed within 10 days following an election with no restriction on the total number of days that such a sign can be displayed. As that time period is tied to a content-based requirement, the proposed amendment would limit the display of Temporary Non-Commercial Signs to a maximum of 60 consecutive calendar days to balance free speech and aesthetic concerns. Seasonal Lights and Decorations. The proposed amendments reclassify Holiday Lights and Decorations as Seasonal Lights and Decorations. The existing regulations specify that the lights and decorations may be erected no sooner than 45 calendar days before the holiday and removed within 14 calendar days following the holiday. As that time period is tied to a content-based requirement, the proposed amendment would limit the display of Seasonal Lights and Decorations to a maximum of 60 consecutive days, a net increase of one day, to balance free speech and aesthetic concerns. Amendments to Chapter 8.104 (Site Development Review): Approval of a Master Sign Program. Clarifies that a Master Sign Program/Site Development Review Permit is subject to approval by the Community Development Director consistent with other signs which require approval of a Site Development Review Permit. Staff recommends that the City Council adopt the Ordinance included as Attachment 1. Consistency with General Plan, Specific Plans, and Zoning Ordinance The Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. The amendments also include minor revisions for internal consistency within the Zoning Ordinance. ENVIRONMENTAL DETERMINATION: 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. Projects seeking to implement the amended provisions of the Sign Ordinance would be subject to separate review 113 Page 5 of 5 under CEQA. Staff recommends the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. STRATEGIC PLAN INITIATIVE: None. 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. Staff also presented the proposed amendments to the Dublin Chamber of Commerce Board of Directors and the Economic Development Committee and provided an announcement in the Dublin Business Brief, the City’s business community e- newsletter. Additionally, the City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving Amendments to Zoning Ordinance Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) 2) Proposed Zoning Ordinance Amendments in Redline format 3) Planning Commission Resolution No. 21-02 (without exhibit) 114 Attachment 1 ORDINANCE NO. XX-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) OF THE ZONING ORDINANCE EFFECTIVE CITY-WIDE PLPA-2017-00018 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,the City of Dublin determined that amendments to the Zoning Ordinance relating to sign regulations are necessary to ensure, among other things, the City’s sign standards are consistent with the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); and WHEREAS, the proposed Zoning Ordinance Amendment includes modifications to Chapter 8.84 (Sign Regulations) to replace content-based regulations, and other non- substantive amendments to provide greater clarity, and companion amendments to Chapter 8.104 (Site Development Review) to ensure internal consistency within in the Zoning Ordinance; and WHEREAS,the Planning Commission held a duly noticed public hearing on March 9, 2021, during which all interested persons were heard, and adopted Resolution No. 21- 02 recommending City Council adoption of the proposed Zoning Ordinance Amendment; and WHEREAS,a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendment; and WHEREAS,the City Council held a public hearing on the proposed Zoning Ordinance Amendment on April 6, 2021, 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 ordain as follows: 115 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 31 Section 1.Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendment are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update the City’s Sign Ordinance.” 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. Projects seeking to implement the amended provisions of the Sign Ordinance would be subject to separate review under CEQA. Therefore, the City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. Section 3.Section 8.84.010 (Purpose and Intent) of Title 8 of the Dublin Municipal Code is amended as follows: The purpose of this Chapter is to provide standards to safeguard the health, safety,and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance of all signs and their supporting members. The objectives of this Chapter are to: A. Implement the purposes, policies and programs of the General Plan and Specific Plans. B. Provide effective and attractive identification for businesses services and uses. C. Provide a reasonable system of regulations for signs as a part of the City’s comprehensive Zoning Ordinance consistent with state and federal laws. D. Promote reasonable sign standards to limit the aesthetic impact of signs on properties within the City to prevent clutter and protect streetscapes thereby preserving property values and protecting traffic safety. E. Attract and direct the public to available activities, goods,and services. F. Enhance the economic value of the community through attractive and effective signage. G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. H. Comply with state and federal laws and constitutions, including such provisions requiring the display of specified signs or information. 116 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 31 Section 4. Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code is amended as follows: 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 conflict with definitions in Chapter 8.08, Definitions, the definitions in this Chapter shall prevail for the purposes of this Chapter. A. A-Frame Sign (sign type). The term A-Frame Sign shall mean portable, moveable signs capable of standing without support or attachment. The term A-frame Sign includes sandwich board signs. B. Awning. The term Awning shall mean any structure composed of cloth, metal, or other materials that projects from the exterior wall of a building. C. Awning Sign (sign type).The term Awning Sign shall mean a sign affixed or incorporated into an awning. D. Balloons (sign type).The term Balloon shall mean any inflatable sign or balloon regardless of size that is designed to be used as a Commercial Message or a Non- Commercial Sign. E. Banner Sign (sign type).The term Banner Sign shall mean a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. F. Billboard Sign.The term Billboard Sign shall mean an Off-Site Advertising Sign. G. Building Frontage.The term Building Frontage shall mean the linear length of a building wall measured at the base of the building wall. H. Bulletin Board Sign (sign type).The term Bulletin Board Sign shall mean a sign used to display announcements pertaining to a Civic Use Type. I. Commercial Message.The term Commercial Message shall mean the content of an advertisement that includes but is not limited to any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event, or other commercial activity, including industrial activity. J. Flag (sign type). The term Flag shall mean any piece of cloth, or flexible material of any size, color, and design, hoisted on a pole permanently affixed to the ground or displayed via a pole bracket permanently affixed to a building. K. Freestanding Sign (sign type).The term Freestanding Sign shall mean a sign supported by one (1) or more uprights, braces, columns, poles, flat base or stand, or other 117 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 31 similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. L. Identification Sign (sign type).The term Identification Sign shall mean a sign, or device that designates the name, or the name and use, of a place or premise. M. Illegal Sign.The term Illegal Sign shall mean signs and their supporting members, which meet any of the criteria of Section 8.84.220. N. Illuminated Sign.The term Illuminated Sign shall mean an internally or externally illuminated sign, which uses a source of light in order to make the message readable. O. Master Sign Program.The term Master Sign Program shall mean a coordinated program of all signs, including exempt and temporary signs, if applicable, located on a developed site. P. Mural.The term Mural shall mean a painted image or design on a building, which may or may not include words. The term Mural does not include architectural elements that are incorporated into a building’s structure or façade. Q. Non-Conforming Sign.The term Non-Conforming Sign shall mean a sign lawfully in existence before the enactment of this Chapter, or of any relevant amendment hereto, but which is inconsistent with the provisions of this Chapter. R. Non-Commercial Sign.The term Non-Commercial Sign shall mean a sign that does not include Commercial Messages. The term Non-Commercial Sign includes a sign referencing incidental and temporary revenue-generating activities conducted by nonprofit organizations, clubs, groups, or associations. S. Official Public Sign (sign type).The term Official Public Sign shall mean any temporary or permanent sign erected by or on the order of a public official or entity or quasi-public entity at the federal, state, or local government level in the performance of any duty including, but not limited to, non-commercial signs identifying a government building, program, or service (including bus or other public transit services), traffic control signs, street name signs, street address signs, warning signs, safety signs, informational signs, traffic or directional signs, public notices of government events or actions, proposed changes of land use, any proposed rezoning, historic and memorial markers, or any other government sign. The term Official Public Sign includes any sign erected on government property pursuant to lease, license, concession, or similar agreements requiring or authorizing such sign. T. On-Site Sign.The term On-Site Sign shall mean any commercial sign that directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service, or other commercial or industrial activity that is lawfully conducted, sold, or offered upon the property where the sign is located. The On-Site/Off-Site distinction applies only to commercial message signs. The term On-Site Sign includes all signs that are not Off-Site Advertising Signs or Off-Site Signs pursuant to this Chapter. 118 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 31 U. Off-Site Advertising Sign (sign type).The term Off-Site Advertising Sign shall mean any sign containing a Commercial Message related or pertaining to a business organization, event, good, product, service, or use that is not lawfully available or does not lawfully occur on the property upon which the sign is located. The term Off-Site Advertising Sign shall not include any sign advertising or identifying a business within a shopping center under multiple ownerships regardless of whether the sign is located on the same property as the business being advertised. The term Off-Site Advertising Sign does not include a Special Easement Sign, Identification Sign, Real Estate Sign, Real Estate Directional Sign, and Real Estate Residential Development Directional Sign. V. Off-Site Sign.The term Off-Site Sign shall mean any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provide, or conducted at some location, premises, or shopping center other than that upon which the sign is posted or displayed. Off-Site Signs include all signs posted or displayed in the public right-of-way. The term Off-Site Sign does not include Off-Site Advertising Signs. W. Pedestrian/Shingle Sign (sign type).The term Pedestrian/Shingle Sign shall mean a suspended sign. X. Pennant (sign type).The term Pennant shall mean any piece of cloth or flexible material of any size, color, and design that is attached to a string or wire. Y. Permitting Body.The term Permitting Body shall mean the person or body with the authority to review and approve permits for signs. This may include the Director of Community Development, the Zoning Administrator, the Planning Commission,or the City Council. Z. Projecting Sign (sign type).The term Projecting Sign shall mean a sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached. A blade sign is a Projecting Sign. AA. Real Estate Residential Development Directional Sign (sign type).The term Real Estate Residential Development Directional Sign shall mean a uniformly designed sign, which advertises or informs the public about a residential development where 5 or more dwelling units are undergoing construction. BB. Real Estate Directional Sign (sign type).The term Real Estate Directional Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, rent is available for inspection or directing people to a property pursuant to Civil Code Section 713. A sign advertising an open house for a property listed for sale, lease, or rent is a Real Estate Directional Sign. CC. Real Estate Sign (sign type).The term Real Estate Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, or rent pursuant to Civil Code Section 713. 119 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 6 of 31 DD. Reader Board Sign (sign copy).The term Reader Board Sign shall mean a sign with copy that can be changed or altered by manual, electric, electromechanical, or electronic means and without changing or altering the sign frame, sign supports, or electrical parts. The term Reader Board Sign does not include a Bulletin Board Sign and Service Station Price Sign. EE. Roof Line.The term Roof Line shall mean the top edge of the roof or top of the parapet; whichever forms the top line of the building silhouette. FF. Searchlight (sign type).The term Searchlight shall mean a device, usually consisting of a light and reflector, for throwing a beam of light in any direction. GG. Service Station Display Structure (sign type).The term Service Station Display Structure shall mean an on-site identification sign that serves to identify the name and logo of the service station located on the site. HH. Service Station Price Sign (sign type).The term Service Station Price Sign shall mean a sign indicating gasoline prices and available services on the site. II. Sign.The term Sign shall mean any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. The term Sign shall not include the following: architectural elements incorporated into the structure or façade of a building; devices, displays, or structures that are visible only from the inside of a building. JJ. Special Easement Sign (sign type).The term Special Easement Sign shall mean: a sign used in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, a business; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two (2) parcels involved are interconnected by a non-revocable, non-exclusive recorded vehicular access easement. KK. Streamer (sign type).The term Streamer shall mean a long, narrow banner, flag, or pennant. LL. Temporary Non-Commercial Sign (sign type). The term Temporary Non- Commercial Sign shall mean a Non-Commercial Sign intended for short-term display. MM. Temporary Sign.The term Temporary Sign shall mean any sign intended for short-term display. NN. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage or portion of the building frontage occupied by a tenant. OO. Tenant Directory Sign (sign type).The term Tenant Directory Sign shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the 120 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 7 of 31 names and unit identifications of occupants engaged in professions or businesses on the premises. PP. Vehicular Sign (sign type).The term Vehicular Sign shall mean any sign permanently affixed to an operable, or inoperable vehicle currently registered as a motor vehicle. QQ. Wall Sign (sign type).The term Wall Sign shall mean a sign attached parallel to or flat against the exterior wall of a building or structure. RR. Window Sign (sign type).The term Window Sign shall mean a sign attached to, suspended behind, or placed or painted upon, the window or glass door of a building that is visible from the exterior of the building. Section 5. 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: Matrix A, Sign Approvals and Decisionmaker Authority by Zoning District, prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning Σ X ZC ZC ZC ZC ZC ZC Balloon X ZC***ZC ZC ZC ZC ZC ZC Banner X ZC***ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Flags – Commercial X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height Σ ZC*****ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Identification* * ZC/SD R ZC/SD R ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR SDR SDR SDR SDR SDR SDR SDR 121 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 8 of 31 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 X X X X X X X X MSP/SDR*** * Pedestrian / Shingle Σ X ZC ZC ZC ZC ZC ZC Projecting Σ X BP BP BP BP BP BP Reader Board, Electronic X X CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Reader Board, Manual X X ZC ZC ZC ZC ZC ZC Real Estate Residential Development Directional BP BP BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price X X ZC X ZC ZC ZC ZC Special Easement Σ X ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall Σ ZC*****BP BP BP BP BP BP Notes for Matrix A: Σ On-Site 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 Permit by Community Development Director and subject to Building Permit PC Planning Commission is decisionmaker authority ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted *Matrix A does not reflect Exempt Signs in Section 8.84.140 122 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 9 of 31 **A sign of up to twenty-four (24) square feet on a side is allowed with a Zoning Clearance and a sign of up to thirty-six (36) square feet on a side is allowed with a Site Development Review Permit. ***Only Banners, not exceeding twelve (12) square feet, are allowed for Multi-Family Residences. All other temporary signs are not allowed in this zoning district. ****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. *****Not permitted except on property with a Civic Use Type with approval of a Zoning Clearance. 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 6.Matrix B of Section 8.84.040 (Sign Development Regulations) of Title 8 of the Dublin Municipal Code is amended by eliminating the “Copy Restrictions” column and as follows: 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 Sign Development Regulations** Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Awning Section 8.84 .050.A 1 per business or tenant frontage as permitted by Section 8.84. 110B.4. 2 ft. 6 in.1 sq. ft. per lineal ft. of tenant frontage to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. May project 36 inches. More than 36 inches with SDR. Max. sign length of 24 ft. Balloon Per Section 8.84.050.O.1 Per Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 123 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 10 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Section 8.84.050.O. 1 Banner Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Bulletin Board Section 8.84 .050.B 1 6 ft.24 sq. ft.10 ft. from front property line; Must meet all other yard requirements. Flags - Commercial Section 8.84.050.C See Section 8.84. 050. C See Section 8.84 .050.C See Section 8.84.0 50.C See Section 8.84.050.C See Section 8.84.050 .C Freestandin g 20' or less in height; Freestandin g greater than 20' in height. Section 8.84 .050.D and 8.84.120. 1 per parcel; 2 or more with Master Sign Program. 10 ft. at property line; May be increased 0.5 ft. for every 1 ft. the sign is set back from the nearest street frontage property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. 15 sq. ft. per side at property line; May increase 2.5 sq. feet per side for each 1 ft. sign is set back from nearest street frontage property line. Maximum of 150 sq. ft. In a planter of appropriate dimension; Not closer than 50 feet from right-of-way of Interstate Highway; Permitted within required yards; At one or more main entrances with Master Sign Program. Must have minimum clearance of 14 feet if overhanging vehicular way; Must not project into a public right-of-way. Identification Section 8.84 .050.E 1 per property frontage 6 ft.24 sq. ft. with Zoning Clearance; 36 sq. ft. with SDR. None.Means of support shall be concealed. Off-Site Advertising Sign Section 8.84.050.F and 8.84.125 1 per parcel. Per MSP/SDR. Per MSP/SDR. Section 8.84.030 an d 8.84.125.B through E Section 8.84.125 124 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 11 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Pedestrian/ Shingle Section 8.84 .050.G 1 per businesses per building elevation; maximum of 2 for corner suites N/A 5 sq. ft.Suspended from canopy over a sidewalk directly in front of the door of the business. 8 ft. vertical clearance; Perpendicular to business building wall. Projecting Section 8.84 .050.H and 8.84.110.C 1 per business. 2 ft. 6 in.; May be increased through SDR. 16 sq. ft.; May be increased through SDR. Middle one-third of front wall of building. Section 8.84.110 .C Readerboar d Section 8.84 .050.I Per Section 8.84. 110 if wall sign; 8.84.12 0 if freestanding sign. Per Section 8.84 .110 if wall sign; 8.84.1 20 if freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84.110 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84.110 if wall sign; 8.84.120 if freestanding sign. Real Estate Residential Developmen t Directional Section 8.84 .050.J Determined by Director of Community Development . Determined by Director of Community Developmen t. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Searchlights Section 8.84.050.K 4 N/A N/A N/A Maximum of 21 days per calendar year. Service Station Display Structure Section 8.84 .050.L 1 8 ft.16 sq. ft.None.May be combined with Service Station Price Signs; Placed in landscape planter Service Station Price Signs Section 8.84 .050.M 2 6 ft.16 sq. ft for 3 fuel products; 24 sq. ft for 4 fuel products. 1 per street frontage. May be combined with Service Station Display Structure. Special Easement Section 8.84 .050.N 1 4 ft.24 sq. ft.Within immediate vicinity of the business. In lieu of Freestanding Sign; Located on parcel w/o direct access or 125 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 12 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* frontage on improved ROW; must be connected by roadway/access easement. Temporary Section 8.84 .050.O Per Section 8.84. 050. SO Per Section 8.84 .050.O Per Section 8.84.0 50.O Per Section 8.84.050.O Per Section 8.84.050 .O Tenant Directory Section 8.84 .050.P 1 N/A 12 sq. ft.At entrance of building on an exterior wall. None. Wall Section 8.84 .110.Q and 8.84.110.B 1 per business or tenant frontage with maximum of three frontages. 2 ft. 6 in.1 sq. ft. per lineal ft. of Tenant Frontage up to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. May project 12 inches, 30 inches w/SDR. Max. sign length 24 ft. Notes for Matrix B: * Location Requirements and Additional Regulations are in addition to those identified in Sections 8.84.050, 8.84.110, and 8.84.120. ** Matrix B does not reflect Exempt Signs in Section 8.84.140. Section 7.Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is amended as follows: 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: A. Awning Signs.Awning Signs shall be permitted in the same locations as wall signs and shall be subject to the requirements of Section 8.84.110. 126 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 13 of 31 B. Bulletin Board.Bulletin Board Signs twenty-four (24) square feet maximum area per side are permitted ten (10) feet or further from the front property line. One Bulletin Board Sign is permitted on each property with a Civic Use Type. A Bulletin Board Sign may have a maximum height of six (6) feet. C. Flags – Commercial.Commercial Flags are subject to the following: 1. Commercial Flags shall be located on the site where the Automobile/Vehicle Sales use being advertised is conducted. 2. The location of Commercial Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Commercial Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Commercial Flags shall be limited to a maximum of twenty (20) square feet and may be single sided or double sided. 5. Commercial Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No flag shall project into a public right-of-way. 6. Commercial Flags shall be maintained in good condition at all times. Any flag that is faded, torn, or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with this subsection. D. Freestanding Signs.Freestanding Signs are permitted per Section 8.84.120. E. Identification Signs.One (1) Identification Sign is permitted per parcel in any district. Identification Signs with a maximum area of twenty-four (24) square feet per side may be approved subject to a Zoning Clearance. A maximum of thirty-six (36) square feet per side may be permitted with Site Development Review Permit. The height of Identification Signs shall not exceed six (6) feet. F. Off-Site Advertising Signs.Off-Site Advertising Signs shall be permitted per Section 8.84.125. G. Pedestrian/Shingle Signs.Pedestrian/Shingle Signs are permitted subject to the following provisions: 1. Suspended from a canopy over a sidewalk directly in front of the door of the business with a minimum of eight (8) foot vertical clearance. 2. Perpendicular to the business building wall. 127 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 14 of 31 3. Not more than five (5) square feet in area per side. 4. Limited to one (1) per business per building elevation and a maximum of two (2) for corner suites. H. Projecting Signs.Projecting Signs are permitted per Section 8.84.110.C. I. Reader Board Signs.Reader Board Signs may be permitted as either a Wall Sign or a Freestanding Sign. Wall-Mounted Reader Board Signs shall comply with Section 8.84.110, Regulations for Wall Signs and Projecting Signs. Freestanding Reader Board Signs shall comply with Section 8.84.120, Freestanding Sign General Regulations. J. Real Estate Residential Development Directional Signs.The purpose of this section is to establish and regulate a standardized program of real estate residential development directional signs in areas where many developments are being constructed at the same time. This will provide attractive and effective signage to help the public find the developments. Real Estate Residential Development Directional Signs, “Signs” for the purposes of this section, are subject to the Building Permit process. These signs are permitted subject to the following: 1. Residential developments of five (5) or more dwelling units. Signs shall be prepared for residential developments where five (5) or more dwelling units are concurrently undergoing construction or for sale, lease, or rent. 2. On private property with consent of owner, public property, or City right-of- way. All signs shall be placed on private property with the written consent of the property owner, public property, or on City right-of-way subject to a City encroachment permit. 3. Construction and maintenance by one sign company. Signs shall be constructed and maintained by one sign company and paid for by residential developers within the City. 4. Design. The design of the signs shall be uniform and shall be to the satisfaction of the Director of Community Development pursuant to Site Development Review Permit. A modification to the design shall be pursuant to Site Development Review Waiver. The City logo shall be placed on top of the signs. Any single-sided signs shall be painted the same color in the back as in the front side. The signs shall not be illuminated. The sign shall feature removable linear sign panels with directional arrows. A typical example of such a sign is as follows: 5. Real Estate Residential Development Directional Sign Plan. A Real Estate Residential Development Directional Sign Plan shall be prepared to the satisfaction of the Director of Community Development pursuant to Site Development Review Permit. A modification to the Plan shall be pursuant to Site Development Review Waiver. The Plan shall show the location of each sign, preferably at major intersections, prior to the installation of any signs. No sign shall be located anywhere 128 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 15 of 31 other than as shown on the Real Estate Residential Development Directional Sign Plan. 6. Maintenance. The sign company shall maintain the signs to the satisfaction of the Director of Community Development. If signs are not maintained to the satisfaction of the Director of Community Development, the City shall have the right to remove and confiscate the sign. 7. Each development shall be limited to one panel on an individual sign face. 8. Informing the public. Individual panels on signs shall be used only to inform the public of residential developments within the City of Dublin. 9. Sight distance. The signs shall not interfere with the sight distance of motorists, pedestrians, or bicycle riders. 10. Sidewalk circulation. The signs shall not impede pedestrian circulation of sidewalks. 11. Freeways. The signs shall not be located within 660 feet of I-580 or I-680. 12. Weeds. The site where signs are located shall be kept free of weeds to the satisfaction of the Director of Community Development to a distance of two (2) feet around each sign. 13. Devices. Devises shall not be attached to or placed next to signs. Such devices include but are not limited to: tag signs, streamers, balloons, banners, pennants, flags, lights or display boards. 14. Prohibited signs. No prohibited signs such as A-Frame Signs, Portable Signs, pennants, streamers, blinking or flashing lights, or movable signs (whether mechanical or hand-held) shall be permitted on or adjacent to Signs. 15. Removal of panel. When a given development is completely sold out or leased, the panel representing that development shall be removed from all signs. 16. Removal of sign. The signs shall be removed at the time the last dwelling unit of the developments is occupied. 17. Relocation/reduction in size. When a sign has only a few panels in use, it shall be moved closer to the developments being advertised and/or reduced in size. 18. Bond. The sign company shall post a bond satisfactory to the Director of Community Development to assure timely removal of the signs. K. Searchlights.Up to four (4) Searchlights, attached to function as a single unit, are permitted as a Temporary Sign pursuant to a Zoning Clearance. No permit(s) singularly 129 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 16 of 31 or cumulatively shall be issued that allows any Temporary Sign(s) that include Searchlights for more than twenty-one (21) days per calendar year. L. Service Station Display Structures.A Service Station Display Structure is permitted pursuant to a Zoning Clearance. Such structure shall have a maximum height of eight (8) feet and have a maximum area of sixteen (16) square feet per side and may incorporate Service Station Price Signs. The area of the Service Station Price Sign may be added to the area of a Service Station Display Structure. A Service Station Display Structure shall be placed in a landscape planter, which should be of sufficient width, length, and height to protect the base of the sign from damage due to vehicular traffic. M. Service Station Price Signs.Service Station Price Signs are permitted when accessory to an existing service station, provided: 1. One (1) sign is permitted along each street frontage to a maximum of two (2) signs. 2. Each price sign shall have a heavy type face or electric reader board style text and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service stations offering four (4) or more fuel products. 3. The maximum sign height shall not exceed six (6) feet. 4. A price sign may be attached to, combined with, and made part of a Service Station Sign Display Structure pursuant to Section 8.84.050.L. 5. All signage shall conform to the requirements of Business and Professions Code Section 13530 et. seq. N. Special Easement Signs.A Special Easement Sign may be used in-lieu of a Freestanding Sign. A Special Easement Sign shall be placed within the immediate vicinity of the parcel upon which the business or center is located. The premises advertised must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway, which is subject to a non-revocable, non-exclusive recorded access easement. A Special Easement Sign shall be permitted pursuant to a Zoning Clearance. Special Easement Signs shall not be more than four (4) feet high and six (6) feet long and shall have a maximum area of twenty-four (24) square feet per side. Special Easement Signs shall be subject to compliance with Section 8.84.120, Freestanding Signs General Regulations. O. Temporary Signs.Temporary Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary 130 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 17 of 31 Signs shall have a professional appearance and be constructed of durable, all-weather materials and shall be maintained in good condition throughout the display period. 1. Balloons.Any tethered or untethered balloon of greater than fifteen (15) inches in diameter shall be permitted pursuant to a Zoning Clearance. 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 cumulatively shall be issued that allows any Temporary Banner that includes balloons for more than twenty-one (21) days per calendar year. 2. Banner Signs.Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit. A minimum waiting period of forty-two (42) consecutive calendar days between displays is required. A Banner Sign shall not be larger than 60 square feet in size and shall not be located so that it is higher than the eave of the structure in which the business is located. One (1) Banner Sign may be displayed on a tenant’s building frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the Banner Signs are at least two-hundred (200) feet apart. 3. Properties with Multifamily Residence.Up to one (1) Banner Sign is permitted pursuant to a Zoning Clearance and may be placed on-site with a multifamily residence for a maximum of ten (10) consecutive calendar days per permit. A minimum waiting period of twenty (20) consecutive calendar days between displays is required. In addition, the duration in which Banner Signs may be displayed is limited to a maximum duration of ninety (90) days per calendar year. A Banner Sign shall not be larger than twelve (12) square feet (see Chapter 8.08 for definition of multifamily residence). P. Tenant Directory Signs.A Tenant Directory Sign is permitted provided it is attached to the exterior wall at the entrances of a building and each sign shall not exceed a maximum area of twelve (12) square feet. Q. Wall Signs.Wall Signs are permitted per Section 8.84.110. Section 8. Section 8.84.060 (Design Criteria) of Title 8 of the Dublin Municipal Code is amended as follows: A. The design of all proposed signs shall be reviewed by the permitting body with consideration given to the following factors: 1. Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location). 2. Impact of other immediate signs in terms of visibility, legibility, and scale. 131 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 18 of 31 3. Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction. 4. Night-time use considerations including intensity of illumination (of a sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights), competition and interference of light sources and intrusion of light into residential areas. B. Each proposed sign shall be reviewed by the permitting body for conformity to the following criteria: 1. The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained. 2. To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design. 3. All light sources shall be adequately diffused or shielded. 4. The sign’s supporting structure shall be as small in density and as simple as is structurally safe. 5. Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically. 6. Plastic-faced signs with white internally illuminated backgrounds are not permitted except pursuant to a Zoning Clearance. 7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review Permit. 8. The sign shall not obstruct pedestrian circulation. Section 9. Section 8.84.070 (Illumination) of Title 8 of the Dublin Municipal Code is amended as follows: External illumination may be allowed on all signs upon the approval of the Community Development Director, unless otherwise set forth in this Chapter. External illumination used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways, or adjoining properties. 132 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 19 of 31 Section 10. Section 8.84.080 (Landscaping) of Title 8 of the Dublin Municipal Code is amended as follows: Landscaping used in commercial areas where a sign is proposed will be of species which have growth habits which facilitate visibility of sign to the greatest degree possible while still providing necessary shade and screening and meeting all other requirements of this Chapter. Section 11. Section 8.84.090 (A – Agricultural District – Signs Permitted) of Title 8 of the Dublin Municipal Code is amended as follows: When located in an A District, and subordinate to a lawful use, On-Site Signs not exceeding an aggregate area of ten (10) square feet per side are permitted as shown in Matrix A (Section 8.84.030). Section 12. Section 8.84.110 (Regulations for Wall Signs and Projecting Signs) of Title 8 of the Dublin Municipal Code is renamed and amended as follows: 8.84.110 Regulations for Wall Signs, Awning Signs, and Projecting Signs Wal Signs, Awning Signs, and Projecting Signs are permitted subject to the following regulations: A. General 1. Zoning Districts.These regulations shall apply in the C-N, C-O, C-1, C-2, M- P, M-1, M-2, and comparable PD Zoning Districts. 2. Computation of Sign Area.The area of Wall and Projecting Signs shall be computed as the entire area within a single, continuous perimeter creating a polygon of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the above enclosing the extreme limits of the sign together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, provided that in the case of a sign with more than one (1) exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape, or unusual architectural features shall be considered sign area and is subject to all pertinent regulations. Those portions of the supports, uprights, base of a sign, or area used for street address, that do not function as a sign shall not be considered as part of the sign area. 3. Extension of Sign Above Ridge Roof-Line.No part of any Wall Sign or Projecting Sign shall extend above the roof-line of the building elevation on which the sign is displayed. 133 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 20 of 31 4. Maximum Sign Height.The height of Wall and Projecting Signs shall not exceed two (2) feet, six (6) inches. This standard may be increased with Site Development Review Permit. Exceptions: A single wall sign may be up to four (4) feet high if it is no more than four (4) feet wide and otherwise conforms to the requirements of the Sign Regulations. A Wall or Projecting Sign shall not exceed three (3) feet high if it is on the face of a building at least eighteen (18) feet high. 5. Maximum Sign Length.No Wall Sign shall exceed a length of twenty-four (24) feet. This standard may be increased pursuant to Site Development Review Permit. 6. Supporting Members of Signs Minimized.Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building, and any required bracing shall be minimized. 7. Number of Building Frontages.Each business or tenant space may be permitted a maximum of three (3) building frontages with maximum of one (1) wall sign per frontage. 8. Frontage Allocation Not Transferable.In no case shall a sign or sign area permitted on one (1) frontage be transferred to another frontage. 9. Use of All Legal Existing Sign Cabinets on a Tenant Frontage.All legal existing sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites behind the Tenant Frontage. B. Wall Signs and Awning Signs 1. Area of Wall Signs.The area of Wall Signs for each business or tenant space shall not exceed one (1) square foot of sign area for each lineal foot of Tenant Frontage occupied by such business up to a maximum sign size of one hundred fifty (150) square feet. Pursuant to Site Development Review Permit, this standard may be increased by one and one-half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. Additional sign area may be exceeded through approval of a Master Sign Program pursuant to Section 8.84.130. 2. Wall Signs on Buildings Distant from Street.A tenant space of a building which is set back at least one hundred (100) feet from any street may increase the Wall Sign area by twenty-five (25) percent. 3. Wall Signs and Awning Signs Projecting from Face Of Wall.Wall signs shall project not more than twelve (12) inches from a wall except that Wall Signs projecting from twelve (12) inches to thirty (30) inches from the wall to which they are attached are permitted with Site Development Review Permit. Awning Signs shall not project more than thirty-six (36) inches from a wall except that Awning Signs 134 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 21 of 31 projecting more than thirty-six (36) inches from the wall to which they are attached are permitted with Site Development Review Permit. C. Projecting Signs 1. Clearance of Projecting Signs.Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No such sign shall project into a public right-of-way. 2. Location of Projecting Signs.Projecting Signs shall only be located on the middle one-third of the front wall of a building. This requirement may be modified pursuant to Site Development Review Permit. 3. Number of Projecting Signs.Only one (1) Projecting Sign shall be permitted for each business located on the site. 4. Projecting Sign Areas.A Projecting Sign shall have a maximum size of sixteen (16) square feet per side unless increased pursuant to a Site Development Review Permit. 5. Projecting Sign Projection Limit.Projecting Signs shall not extend from the front wall to which they are attached more than eight (8) feet unless modified pursuant to Site Development Review Permit. Section 13.Section 8.84.120 (Regulations for Freestanding Signs) of Title 8 of the Dublin Municipal Code is amended as follows: Freestanding Signs are permitted subject to the following regulations: A. Zoning Districts.Freestanding Signs are permitted in the R-1, R-2, and R-M Zoning Districts when there is a Civic Use Type, as well as the C-N, C-O, C-1, C-2, DDZD, M-P, M-1, and M-2 zoning districts. B. Landscape Planter.Freestanding Signs shall be located in a planter of appropriate dimension. The design of the landscape planter should be of sufficient width, length, and height to protect the base of the sign from damage due to vehicular traffic. C. Interstate Freeway Proximity. The Freestanding Sign shall not be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway. D. Main Entrance Proximity.Freestanding Signs shall be permitted at one (1) or more of the main entrances pursuant to a Master Sign Program. E. Location.Freestanding Signs shall be permitted within required front, side or rear yard setback areas. 135 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 22 of 31 F. Copy Restrictions.Freestanding Signs shall indicate the building address or address range of the building and/or complex it serves. G. Clearance of Freestanding Signs.Freestanding Signs shall have a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang extending over a driveway, alley, or other vehicular access. H. Not project into a public right-of-way. I. Height.Freestanding Signs shall have a maximum height of ten (10) feet at the property line. The height may be increased half (0.5) foot for every foot the sign is set back from the nearest street frontage property line up to a maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up to thirty-five (35) feet pursuant to Site Development Review Permit. Heights above thirty-five (35) feet may be permitted pursuant to a Master Sign Program. J. Area of Freestanding Signs.Freestanding Signs shall have a maximum area of fifteen (15) square feet per side at the property line. The area may be increased two and one half (2.5) square feet per side for each foot the sign is set back from the nearest street frontage property line. The maximum size for a Freestanding Sign is one hundred and fifty (150) square feet per side. A Freestanding Sign may have an area greater than one hundred and fifty (150) square feet pursuant to a Master Sign Program. K. Number of Freestanding Signs.Freestanding Signs shall be limited to one (1) Freestanding Sign per parcel unless more than one (1) Freestanding Sign were allowed pursuant to a Master Sign Program. Section 14. Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is amended as follows: 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 the Scarlett Court Overlay. C. Interstate Freeway Proximity. 1. Signs shall be located between fifty (50) and 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. 136 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 23 of 31 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 15.Section 8.84.130 (Master Sign Program/Site Development Review Permit) of Title 8 of the Dublin Municipal Code is amended as follows: A. Signs 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 Permit pursuant to Chapter 8.104 Site Development Review. B. 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 Permit. C. A Master Sign Program/Site Development Review Permit shall be granted based on the following findings based on evidence in the record: 1. That the program’s contribution to effective and attractive identification of businesses, services, and uses and the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of this Chapter; and 2. That all of the proposed signs of the retail, office, or industrial complex, shopping center, automobile dealership or building are compatible with the style or character of existing improvements on the site and are well related to each other; and 3. That all of the proposed signage shall generally conform with the Design Criteria in Section 8.84.060. 137 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 24 of 31 D. The Master Sign Program shall include, but not be limited to, indications of the quantity, locations, dimensions, colors, design, method of illumination, and sign types of all signs to be installed. Section 16.Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs are exempt from obtaining a permit but shall comply with all other regulations of this Chapter: A. A-Frame Signs.A-Frame Signs shall be subject to the following: 1. Quantity.One (1) per business. 2. Size.A maximum of six (6) square feet per side with a maximum of two sides. 3. Height.A maximum height of four (4) feet. 4. Materials.Professional quality materials are required; plywood is prohibited. 5. Location.A-Frame Signs shall be located within five (5) feet of the pedestrian entrance to the applicable tenant space. A-Frame Signs shall be placed on hardscape and shall not block accessible paths of travel or inhibit sight distance for ingress or egress. 6. Stabilization.All A-Frame Signs shall be freestanding and able to withstand wind gusts or must be removed during inclement weather. A-Frame Signs shall not be attached to structures, trees, benches, or any other landscape features. 7. Sign Copy.A-Frame Signs shall not include Commercial Messages except as related to commercial or industrial activities on the property on which the A-Frame Sign is located. 8. Daily Removal.A-Frame Signs shall be removed at the close of business each day. B. Direction/Warning Signs.Signs displayed for the direction, warning, or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, and all Direction/Warning Signs designed as pavement markings regardless of size. C. Flags.Flags that do not contain Commercial Messages. D. House Numbers and Name Plates.House numbers, name plate or identification of house members (provided sign does not exceed two (2) square feet maximum area), mailbox identification, street names, “no-trespass” signs, and other warning signs. E. Lottery Signs.Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers. 138 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 25 of 31 F. Murals.Murals that do not contain Commercial Messages. G. Official Public Signs.All Official Public Signs erected by or on the order of a public official or agency. H. Real Estate Signs.Real-Estate Signs are permitted subject to the following provisions provided they shall: 1. Not exceed a maximum area of sixteen (16) square feet per side; 2. Be limited to one (1) such sign placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel; 3. Have a maximum height of eight (8) feet; 4. Be constructed of wood, plywood, metal, or other rigid material; and 5. Not be placed on a private or public right-of-way. I. Real Estate Directional Signs.Real Estate Directional Signs are permitted subject to the following special provisions provided they shall: 1. Be limited to a maximum of four (4) open house signs for each property being advertised for sale. 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk width to less than thirty-two (32) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. 3. Not be adhered or attached to any public signpost, traffic signal, or utility pole. 4. Not be placed within a five (5) foot radius of a call box, fire hydrant, or mailbox. 5. Include placement of no more than eight (8) open house signs at any intersection and no more than one (1) sign per property being advertised may be placed at an intersection. 6. Not have additional tags, riders, streamers, balloons, or other attachments. 7. Not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Be permitted on holidays, Saturdays, Sundays,and one agent tour day each week from 10:00 a.m. through sunset. 139 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 26 of 31 9. Be subject to the City’s authority to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open house signs. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. 10. Secure proper authorization by the affected private property owner prior to placement of signs on private property. J. Seasonal Lights and Decorations.Seasonal lights (if lighted) and seasonal decorations may be displayed for up to sixty (60) consecutive calendar days. Seasonal balloons used in conjunction with a seasonal event, are exempt from obtaining a permit when located in a Residential Zoning District. K. Temporary Non-Commercial Signs.Temporary Non-Commercial Signs provided they shall: 1. Be displayed for no more than sixty (60) consecutive calendar days. 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 less than nine (9) square feet per panel or side of vehicle parked on the property on which the business is located, and as close as practical to the business it serves for less than twenty-four (24) hours continuously or eighty-four (84) hours in a seven (7) day period. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. M. Window Signs.Window Signs shall not exceed twenty-five (25) percent of the contiguous window area from which they are viewed. Section 17. Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs, or signs which contain the following elements, are prohibited: A. Balloons.Any singular or clustered balloon(s) up to 15 inches in diameter and attached to any structure, vehicle, pole, or sign which is located in any Commercial or Industrial Zone by designated Planned Development or standard Commercial or Industrial Zone, which is displayed higher than ten (10) feet above the ground. B. Blinking, Flashing Lights.Any sign having blinking, flashing, or fluttering lights, or any other illuminating device which has a changing light intensity, brightness, or color. 140 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 27 of 31 C. Obscene Signs.Any sign containing any obscene matter, as defined by federal court precedent. D. On Public Property.Any sign whether portable, temporary, or permanent in nature located within the public rights-of-way, or on public property except the following: 1. An Official Public Sign. 2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes. 3. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property. E. Pennants.Either directly or indirectly attached to any structure or pole. F. Privately-Owned Signs Resembling Traffic Signs.Any privately-owned sign resembling any public directional sign or traffic control device. G. Reflective Signs.Signs using colors that contain reflective properties. H. Rotating, Moving, and Human-Held Signs.Any sign with Commercial Messages that rotates, moves, contains moving parts, depicts animation in any manner, or any sign with Commercial Messages that is held by a human being in any manner. I. Signs Extending Above Roof Ridge.Any sign, which extends above the roof ridge line or parapet. J. Streamers.Streamers either directly or indirectly attached to any structure or pole. K. Signs that are a Traffic Hazard.Any sign, which creates a traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist’s vision of traffic signals. N. Signs with Visible Support Brackets.Any sign mounted on a sloping roof with visible support brackets. L. Sound or Odor Emitting Signs.Any sign designed for emitting sound, odor, or visible matter. M. Vehicular Signs.Any sign that exceeds nine (9) square feet per panel or side of vehicle on any car, van, truck or other vehicle that is either operable or non-operable, that is parked in any parking lot or adjacent right-of-way that is visible from a highway, collector or major street for a period that exceeds either twenty-four (24) hours continuously or eighty-four (84) hours in any seven (7) day period. 141 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 28 of 31 Section 18. Section 8.84.170 (Application - Contents) of Title 8 of the Dublin Municipal Code is amended as follows: Application for a permit shall be made in writing upon forms furnished by the Department of Community Development and shall include the property owner’s signature authorizing the application, and other information determined by the Community Development Director. Section 19.Section 8.84.190 (Application - Approval) of Title 8 of the Dublin Municipal Code is amended as follows: A. The Permitting Body shall approve a permit application only if he or she finds that: 1. The sign and/or proposed location are not prohibited under section 8.84.150, Prohibited Signs. 2. The sign is permitted under a specified section of this Chapter or under a Master Sign Program granted pursuant to Section 8.84.130 or an Exception granted pursuant to Section 8.84.200. 3. The sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area. 4. The sign will not materially reduce the visibility of existing conforming signs in the area. 5. The sign, as proposed or modified, conforms to the Design Criteria specified in Section 8.84.060, Design Criteria. B. Permit applications shown in Section 8.84.030 Matrix A shall be subject to the regulations, review, procedures, and appeal process set forth in the Zoning Ordinance. Section 20.Section 8.84.200 (Sign Exemptions) of Title 8 of the Dublin Municipal Code is amended as follows: All of the following findings shall be made in order to approve a Sign Exception and shall be based on evidence in the record: A. The proposed Sign Exception conforms as closely as practicable to the regulations pertaining to sign size, height, number and location; and B. The proposed Sign Exception is consistent with the intent of providing attractive and effective identification and other purposes of the sign regulations; and C. Either: 142 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 29 of 31 1. Strict adherence to the sign regulations does not allow attractive and effective identification of the site or practical functioning of the business because of the site’s location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or 2. The architectural style, materials,or construction elements of the building are such that a sign placed in conformance with this Chapter would conflict with other aesthetic considerations. D. The procedure for processing a Sign Exception shall be as set forth in Chapter 8.112, Variance. Section 21.Section 8.84.220 (Illegal Signs Subject to Summary Removal) of Title 8 of the Dublin Municipal Code is amended as follows: Signs and their supporting members, which meet any of the following criteria, shall be considered illegal signs and shall be subject to summary removal pursuant to this Chapter: A. Any signs and their supporting members erected without first complying with all ordinances and regulations in effect at the time of their construction, erection,or use. B. Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached has been abandoned by its owner, for a period of ninety (90) days or more. C. Any signs and their supporting members which have been more than fifty (50) percent destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D. Any signs and their supporting members whose owners, except for a change of copy, request permission to remodel and then remodel those sign displays, or expand or enlarge the buildings or land uses upon which the sign displays are located, and the sign displays are enlarged or otherwise made to be not in conformity with this Chapter by the construction, enlargement,or remodeling. Remodeled signs where the cost of construction, enlargement, or remodeling of the sign displays exceeds fifty (50)percent of the cost of reconstruction of the building. E. Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. F. Any signs and their supporting members which are temporary and not otherwise permitted by this Chapter. G. Any signs and their supporting members which are a danger to the public or are unsafe. 143 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 30 of 31 H. Any signs and their supporting members, which constitute a traffic,hazard not created by relocation of streets or highways or by acts by the City. I. Any signs and their supporting members that were legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the Ordinance rendering the display non-conforming has expired, and conformance has not been accomplished. Section 24.Section 8.84.300 (Substitution of Non-Commercial Speech for Commercial Speech) of Title 8 of the Dublin Municipal Code is added as follows: Notwithstanding anything contained in this Chapter to the contrary, any sign erected pursuant to the provisions of this Chapter may, at the option of the owner, contain a non- commercial message in lieu of a commercial message and the non-commercial copy may be substituted at any time in place of the commercial copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another non-commercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this Chapter have been satisfied. Section 23.Section 8.104.040.A.10 (Signage) of Chapter 8.104 (Site Development Review) of the Dublin Municipal Code is hereby amended to read as follows: 10. Signs.All Master Sign Programs and other signs which require Site Development Review Permit pursuant to Chapter 8.84, Sign Regulations Section 24.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 25. Effective Date.This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 26. 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 this __th day of _______ 2021, by the following vote: AYES: 144 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 31 of 31 NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 145 Attachment 2 SECTION 8.84.010 PURPOSE AND INTENT The purpose of this Chapter is to provide standards to safeguard the health, safety,and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance of all signs and their supporting members. The objectives of this Chapter are to: A. Implement the purposes, policies and programs of the General Plan and Specific Plans. B. Provide effective and attractive identification for businesses services and uses. C. Provide a reasonable system of regulations for signs as a part of the City’s comprehensive Zoning Ordinance consistent with state and federal laws. D. Promote reasonable sign standards to limit the aesthetic impact of signs on properties within the City to prevent avoid visual clutter and protect streetscapes thereby preserving property values and protecting traffic safety, which has negative impacts on surrounding businesses, services and uses. E. Attract and direct the public to available activities, goods,and services. F. Enhance the economic value of the community through attractive and effective signage. G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. H. Comply with state and federal laws and constitutions, including such provisions requiring the display of specified signs or information. SECTION 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 conflict with definitions in Chapter 8.08, Definitions, the definitions in this Chapter shall prevail for the purposes of this Chapter. A. A-Frame Sign (sign type), Portable Sign, and Sandwich Board Sign. The terms A- Frame Sign, Portable Sign and Sandwich Board Sign shall mean portable, 146 moveable signs capable of standing without support or attachment. The term A-frame Sign includes sandwich board signs. B. Apartment Community. The term Apartment Community shall mean an apartment project which consists of a minimum of 8-apartment units located on the same lot, which are for rent only. B.C. Awning. The term Awning shall mean any structure composed of cloth, metal, canvas or other non-rigid materials, except for the supporting framework,that projects extends from the exterior wall of a building. CE. Awning Sign (sign type).The term Awning Sign shall mean a sign composed of flexible materials and affixed or incorporated into an awning. D. Balloons (sign type).The term bBalloons shall mean any inflatable sign or balloon regardless of size that is designed to be used as a Commercial Message or a Non- Commercial Sign an advertising device for any business or promotional event. E.F. Banner Sign (sign type).The term Banner Sign shall mean a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. F.G. Billboard Sign.The term Billboard Sign shall mean an Off-Site Advertising Sign. G.H. Building Frontage.The term Building Frontage shall mean the linear length of a building wall measured at the base of the building wall. H.I. Bulletin Board Sign (sign type).The term Bulletin Board Sign shall mean a sign used to display announcements pertaining to a Civic Use Type an on-site church, school, community center, park, hospital or institutional building. I. Commercial Message.The term Commercial Message shall mean the content of an advertisement that includes but is not limited to any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event, or other commercial activity, including industrial activity. J. Business Sign. The term Business Sign shall mean any structure, housing, sign, device, figure, painting, display, message placard, or other contrivance, or any part thereof, which has been designed to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: 1. To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the Business Sign is lawfully erected. 147 2. To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale upon the property where the Business Sign has been lawfully erected. K. Coming Soon Sign. The term Coming Soon Signs shall mean a sign placed on the site of work under construction stating that a business will be opening soon and denoting the opening date, architect, engineer, contractor, future business or lending agency. L. Community Identification Sign. The term Community Identification Sign shall mean a Business Sign incorporating information referring exclusively to service clubs and/or community slogans. M. Directional Tract Sign. The term Directional Tract Sign shall mean an off-site Temporary Sign containing only the name and location of a subdivision and/or a multiple family residential project and directions for reaching the project. O. Flags - Automobile/Vehicle Sales. The term Flags - Automobile/Vehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. J.P. Flag (sign type)s - Seasonal. The term Flags - Seasonal shall mean any piece sign constructed of cloth, canvas or flexible material of any size, color, and design, hoisted on a pole permanently affixed to the ground or displayed via a pole bracket permanently affixed to a building another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with the four seasons of the year. K.Q. Freestanding Sign (sign type).The term Freestanding Sign shall mean a Business Sign sign supported by one (1) or more uprights, braces, columns, poles, flat base or stand, or other similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. Freestanding Signs shall include but not be limited to Electronic Readerboard Signs, Identification Signs, Office Building Master Identification Signs, Service Station Display Structures, and Special Easement Signs. R. Grand-Opening Signs. The term Grand-Opening Signs shall mean banners, pennants, flags, balloons, searchlights and similar advertising devices when used only for bona-fide grand-opening functions. L.S. Identification Sign (sign type).The term Identification Sign shall mean a sign,or device, which serves exclusively to that designates the name, or the name and use, of a place or premisechurches, auditoriums public buildings, or multi-family residential uses, or the use of a lawful parking area, recreation area, or other open use permitted in the District. 148 M.T. Illegal Sign.The term Illegal Sign shall mean signs and their supporting members, which meet any of the criteria of Section 8.84.220. N.U. Illuminated Sign.The term Illuminated Sign shall mean an internally or externally illuminated Business Ssign, which uses a source of light in order to make the message readable. O.V. Master Sign Program.The term Master Sign Program shall mean a coordinated sign program of all signs, including exempt and temporary signs, if applicable, located on a developed site approved by the Zoning Administrator for a retail, office or industrial complex, an automobile dealership or a building more than two (2) stories high. P. Mural.The term Mural shall mean a painted image or design on a building, which may or may not include words. The term Mural does not include architectural elements that are incorporated into a building’s structure or façade. Q.W. Non-Conforming Sign.The term Non-Conforming Sign shall mean a sign lawfully in existence before the enactment of this Chapter, or of any relevant amendment hereto, but which is inconsistent with the provisions of this Chapter thereupon violates same. R. Non-Commercial Sign.The term Non-Commercial Sign shall mean a sign that does not include Commercial Messages. The term Non-Commercial Sign includes a sign referencing incidental and temporary revenue-generating activities conducted by nonprofit organizations, clubs, groups, or associations. X. Office Building Master Identification Sign. The term Office Building Master Identification Sign shall mean a Business Sign that serves to identify an office building or any institutional use, and whose copy shall include only the name of the office building or institutional use and the street address range of the complex. S.Y. Official Public Sign (sign type).The term Official Public Sign shall mean any temporary or permanent sign erected by or on the order of a public official or entity or quasi-public entity at the federal, state, or local government level in the performance of any duty including, but not limited to, non-commercial signs identifying a government building, program, or service (including bus or other signs of a public nature,which shall include public transit services), traffic control signs, street name signs, street address signs, warning signs, safety signs, informational signs, traffic or directional signs, public notices of government events or actions, proposed changes of land use, any proposed rezoning, historic and memorial markers, or any other government sign. The term Official Public Sign includes any sign erected on government property pursuant to lease, license, concession, or similar agreements requiring or authorizing such sign. utility information signs, public restroom or telephone signs, trespassing signs, legal notices erected by a public officer in the performance of a public duty and signs placed by a public agency for the purpose of guiding persons to emergency centers or places, buildings, or locations of regional or historical significance. 149 T. On-Site Sign.The term On-Site Sign shall mean any commercial sign that directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service, or other commercial or industrial activity that is lawfully conducted, sold, or offered upon the property where the sign is located. The On-Site/Off-Site distinction applies only to commercial message signs. The term On-Site Sign includes all signs that are not Off-Site Advertising Signs or Off-Site Signs pursuant to this Chapter. U.Z. Off-Site Advertising Sign (sign type).The term Off-Site Advertising Sign shall mean any sign containing a Commercial Message related or pertaining to, which advertises or informs about a business organization,or event, goods, products, services, or uses, that is not lawfully available or does not lawfully occur on the property upon which the sign is located. The term Off-Site Advertising Sign shall not include any sign advertising or identifying Signage for a business within a shopping center under multiple ownerships shall not be considered an Off-Site Advertising Sign even though it is not regardless of whether the sign is located on the same property as the business being advertised. The term Off-Site Advertising Sign does not include a Special Easement Signs, Community Identification Signs, Off-Site Residential Development Directional Signs or Off-Site Temporary For Sale Or Lease Real Estate Signs, Real Estate Directional Sign, and Real Estate Residential Development Directional Sign. V. Off-Site Sign.The term Off-Site Sign shall mean any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provide, or conducted at some location, premises, or shopping center other than that upon which the sign is posted or displayed. Off-Site Signs include all signs posted or displayed in the public right-of-way. The term Off-Site Sign does not include Off-Site Advertising Signs. BB. Off-Site Temporary For Sale or Lease Sign. The term Off-Site Temporary For Sale or Lease Sign shall mean any off-site sign used in-lieu of a Freestanding Sign, which advertises property for sale or lease. CC. On-Site Temporary For Sale or Lease Sign. The term On-Site Temporary For Sale or Lease Sign shall mean any on-site sign used in-lieu of a Freestanding Sign, which advertises property for sale or lease. DD. Open-House Sign. The term Open-House Sign shall mean a portable sign used in connection with the sale of individual residential real properties. W.EE. Pedestrian/Shingle Sign (sign type).The term Pedestrian/Shingle Sign shall mean a suspended sign used to identify and indicate pertinent facts concerning a business or professional services conducted on the premises. FF. Permanent Banners. The term Permanent Banner shall mean a banner constructed of a durable textile material and which may display only the name or logo of a shopping center or business. 150 X.GG. Pennant (sign type).The term Pennant shall mean any piece of cloth or flexible material of any size, color, and design that is attached to a string or wire tapering flag used for signaling or identification. Y.HH. Permitting Body.The term Permitting Body shall mean the person or body with the authority to review and approve permits for signs. This may include the Director of Community Development, the Zoning Administrator, the Planning Commission,or the City Council. Z.II. Projecting Sign (sign type).The term Projecting Sign shall mean a Business S sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached.A blade sign is a Projecting Sign. AA. Real Estate Off-Site Residential Development Directional Sign (sign type).The term Off-Site Real Estate Residential Development Directional Sign shall mean a uniformly designed sign, which advertises or informs the public about a residential development where 5 or more dwelling units are undergoing construction. BB. Real Estate Directional Sign (sign type).The term Real Estate Directional Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, rent is available for inspection or directing people to a property pursuant to Civil Code Section 713. A sign advertising an open house for a property listed for sale, lease, or rent is a Real Estate Directional Sign. CC. Real Estate Sign (sign type).The term Real Estate Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, or rent pursuant to Civil Code Section 713. DD.N. Electronic Readerboard Reader Board Sign (sign copy).The term Electronic Readerboard Reader Board Sign shall mean a Business Ssign on which the with copy is manually or electronically changed and is intended to primarily to promote items for sale or of the general interest to the Community that can be changed or altered by manual, electric, electromechanical, or electronic means and without changing or altering the sign frame, sign supports, or electrical parts. The terms includes a Business Bulletin Board, a Time/Temperature sign, or other changeable copy sign. The term Reader Board Sign does not include a Bulletin Board Sign and Service Station Price Sign. EE.JJ. Roof Line.The term Roof Line shall mean the top edge of the roof or top of the parapet; whichever forms the top line of the building silhouette. FF. Searchlight (sign type).The term Searchlight shall mean a device, usually consisting of a light and reflector, for throwing a beam of light in any direction. GG.KK. Service Station Display Structure (sign type).The term Service Station Display Structure shall mean an on-site identification Business Sign sign that serves to identify the name and logo of the service station located on the site. 151 HH.LL. Service Station Price Sign (sign type).The term Service Station Price Sign shall mean a Business Ssign indicating gasoline prices and available services on the site. II. Sign.The term Sign shall mean any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. The term Sign shall not include the following: architectural elements incorporated into the structure or façade of a building; devices, displays, or structures that are visible only from the inside of a building. JJ.MM. Special Easement Sign (sign type).The term Special Easement Sign shall mean:a Business Sign sign used in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, the a business the sign has been designed to advertise; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two (2) parcels involved are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded vehicular access easement. KK.NN. Streamer (sign type).The term Streamer shall mean a long, narrow banner, flag, or pennant. LL. Temporary Non-Commercial Sign (sign type). The term Temporary Non- Commercial Sign shall mean a Non-Commercial Sign intended for short-term display. OO. Temporary Political Sign. The term Temporary Political Sign shall mean a temporary sign identifying a political candidate or ballot measure. PP. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean temporary banners, flags, balloons, searchlights and similar advertising devices when used for a grand-opening event, going-out-of-business event, special promotional event or promotional need such as “Now Hiring” or “Help Wanted” and other needs of a similar nature as determined by the Director of Community Development. MM.QQ. Temporary Sign.The term Temporary Sign shall mean any sign, banner, 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 for short-term displayed for a limited period of time only. NN. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage or portion of the building frontage occupied by a tenant. OO.RR. Tenant Directory Sign (sign type).The term Tenant Directory Sign shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the names and unit identifications of occupants engaged in professions or businesses on the premises. 152 SS. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage of suites occupied by a tenant. PP.TT. Vehicular Sign (sign type).The term Vehicular Sign shall mean any sign permanently affixed to an operable, or inoperable vehicle currently registered as a motor vehicle, which is used in the normal course of business. QQ.UU. Wall Sign (sign type).The term Wall Sign shall mean a Business Sign attached or erected against the building or structure, with the exposed face of the sign in a plane parallel to the plane of such sign attached parallel to or flat against the exterior wall of a building or structure. RR.VV. Window Sign (sign type).The term Window Sign shall mean a sign attached to, suspended behind, or placed or painted upon, the window or glass door of a building, which is intended for viewing that is visible from the exterior of the building. SECTION 8.84.030 SIGN APPROVALS AND DECISIONMAKER AUTHORITY BY ZONING DISTRICT Matrix A, Sign Approvals and Decisionmaker Authority by Zoning District, prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning Σ X ZC ZC ZC ZC ZC ZC Balloon X ZC***ZC ZC ZC ZC ZC ZC Banner X ZC***ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP(P C) CUP(P C) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Flags – Commercial Automobile/Vehi cle Sales X X ZC ZC ZC ZC ZC ZC 153 Freestanding 20' or Less in Height Σ X ZC**** * ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Identification**ZC/SD R ZC/SD R ZC/SD R ZC/SD R ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR (ZA) X SDR SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Advertising Sign X X X X X X X X MSP/SDR* *** Pedestrian / Shingle Σ X ZC ZC ZC ZC ZC ZC Off-Site Temporary For Sale or Lease Σ X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/SD R MSP/SD R MSP/SD R MSP/SDR Projecting Sign Σ X BP BP BP BP BP BP Reader Board, Electronic X X CUP(P C) CUP(P C) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Reader Board, Manual X X ZC ZC ZC ZC ZC ZC Off-Site Real Estate Residential Development Directional BP BP BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement Σ X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC***ZC ZC ZC ZC ZC ZC 154 Tenant Directory X X BP BP BP BP BP BP Wall Σ X ZC**** * BP BP BP BP BP BP Notes for Matrix A: Σ Business On-Site 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 Rrequired and subject to Building Permit SDR Site Development Review Permit Approval by Staff Community Development Director Required and subject to Building Permit PC Planning Commission is decisionmaker authority ZA Zoning Administrator is decisionmaker 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 twenty-four (24)square feet on a side is allowed with a Zoning Clearance and a sign of up to thirty-six (36)square feet on a side is allowed with a Site Development Review Permit. ***Only Temporary Banners, not exceeding twelve (12)square feet, are allowed for Multi-Family Residences apartment communities (see Section 8.84.020.B for definition). All other temporary promotional signs are not allowed in this zoning district. ****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. *****Not permitted except on property with a Civic Use Type with approval of a Zoning Clearance. 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 8.84.040 SIGN DEVELOPMENT REGULATIONS 155 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 Sign Development Regulations** Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Awning Section 8.84 .050.A 1 per business or tenant frontage as permitted by Section 8.84.1 10B.4. 2 ft. 6 in.1 sq. ft. per lineal ft. of tenant frontage to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. N/A May project 36 inches. More than 36 inches with SDR. Max. sign length of 24 ft. Balloon Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Banner Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Bulletin Board Section 8.84 .050.B 1 6 ft.24 sq. ft.10 ft. from front property line; Must meet all other yard requirements. Announcements pertaining to an on-site church, school, community center, park, hospital or institutional building. Coming Soon Section 8.84 .050.C 2 8 ft.32 sq. ft.On construction site. Opening date, architect, engineer, contractor, future business, or lender. May only be placed during time period between building permit and final occupancy. Community ID 1 20 ft.120 sq. ft.Service club names and Illumination shall not be 156 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Section 8.84 .050.D emblems and community slogans. intermittent; Means of support shall be concealed. Electronic Readerboar d Section 8.84 .050.E Per Section 8.84.1 10 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84 .110 if wall sign; 8.84.1 20 if freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 i f freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 i f freestanding sign. Per Section 8.84.11 0 if wall sign; 8.84.1 20 if freestanding sig n. Per Section 8.84.1 10 if wall sign; 8.84.120 i f freestanding sign. Flags - Automobile/ Vehicle Sales Commercial Section 8.84.050.C See Section 8.84.0 50.FC See Section 8.84 .050.FC See Section 8.84.0 50.FC See Section 8.84.0 50.FC See Section 8.84.05 0.F See Section 8.84.0 50.FC Freestandin g 20' or less in height; Freestandin g greater than 20' in height. Section 8.84 .050.D and 8.84.120. 1 per parcel; 2 or more with Master Sign Program. 10 ft. at property line; May be increased 0.5 ft. for every 1 ft. the sign is set back from the nearest street frontage property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. 15 sq. ft. per side at property line; May increase 2.5 sq. feet per side for each 1 ft. sign is set back from nearest street frontage property line. Maximum of 150 sq. ft. In a planter of appropriate dimension; Not closer than 50 feet from R-O- W right-of-way of Interstate Highway; Permitted within required yards; At one or more main entrances with Master Sign Program. Must indicate building address or address range. Must have minimum clearance of 14 feet if overhanging vehicular way; Must not project into a public right-of- way. Identification Section 8.84 .050.HE 1 per property frontage 6 ft.24 sq. ft. with Zoning Clearance; 36 sq. ft. with SDR. None.Name and/or use of building. Means of support shall be concealed. Office Building Master ID 1 8 ft.25 sq. ft.None.Name of office building, 100 ft. minimum parcel frontage 157 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Section 8.84 .050.I institutional use and address. required; Means of support shall be concealed. Off-Site Advertising Sign Section 8.84.050.F and 8.84.125 1 per parcel.Per MSP/SDR. Per MSP/SDR.Section 8.84.0 30 and 8.84.12 5.B through E Section 8.84.12 5.H Section 8.84.1 25 Off-Site Temporary For Sale or Lease Section 8.84 .050.L 1 per 100 ft. of street frontage; Up to 2 per parcel. 8 ft.16 sq. ft.Off-site sign is located in immediate vicinity of advertised premises w/o direct access to public road. For sale or lease; Name and phone number of agent and/or agency. Must be constructed of wood, plywood, metal or other rigid material. Pedestrian/ Shingle Section 8.84 .050.MG 1 per businesses per building elevation; maximum of 2 for corner suites N/A 5 sq. ft.Suspended from canopy over a sidewalk directly in front of the door of the business. None.8 ft. vertical clearance; Perpendicular to business building wall. Permanent Banner Section 8.84 .050.N N/A Per MSP/SDR. Per MSP/SDR.Per MSP/SDR.Name of shopping center, business or logo. Maintain in good condition; Subject to semi-annual review; Replace if in poor maintenance. Projecting Section 8.84 .050.OH and 8.84.110.C 1 per business. 2 ft. 6 in.; May be increased through SDR. 16 sq. ft.; May be increased through SDR. In middle 1/3 Middle one- third of front wall of building. N/A Section 8.84.1 10.C Readerboar d Section 8.84 .050.I Per Section 8.84.1 10 if wall sign; 8.84.120 if Per Section 8.84 .110 if wall sign; 8.84.1 20 if Per Section 8.84.1 10 if wall sign; 8.84.120 i Per Section 8.84.1 10 if wall sign; 8.84.120 i Per Section 8.84.1 10 if wall sign; 8.84.120 i 158 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* freestanding sign. freestanding sign. f freestanding sign. f freestanding sign. f freestanding sign. Off-Site Real Estate Residential Developmen t Directional Section 8.84 .050.KJ Determined by Director of Community Development. Determined by Director of Community Developmen t. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Searchlights Section 8.84.050.K 4 N/A N/A N/A Maximum of 21 days per calendar year. Service Station Display Structure Section 8.84 .050.PL 1 8 ft.16 sq. ft.None.Name of service station. May be combined with Service Station Price Signs; Placed in landscape planter Service Station Price Signs Section 8.84 .050.QM 2 6 ft.16 sq. ft for 3 fuel products; 24 sq. ft for 4 fuel products. 1 per street frontage. Gasoline prices.May be combined with Service Station Display Structure. Special Easement Section 8.84 .050.RN 1 4 ft.24 sq. ft.Within immediate vicinity of the business the sign advertises. Name of business and/or center. In lieu of Freestanding Sign; Business lLocated on parcel w/o direct access or frontage on improved ROW; must be connected by roadway/acces s easement. Temporary Promotional Section 8.84 .050.SO Per Section 8.84.0 50.SO Per Section 8.84 .050.SO Per Section 8.84.0 50.SO Per Section 8.84.0 50.SO Per Section 8.84.05 0.S Per Section 8.84.0 50.SO Tenant Directory 1 N/A 12 sq. ft.At entrance of building on an exterior wall. Listing of tenant names and suite numbers/letters. None. 159 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements * Copy Restrictions*Additional Regulations* Section 8.84 .050.TP Wall Section 8.84 .110.UQ and 8.84.110.B 1 per business or tenant frontage with maximum of three frontages. 2 ft. 6 in.1 sq. ft. per lineal ft. of Tenant Frontage up to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. N/A May project 12 inches, 30 inches w/SDR. Max. sign length 24 ft. Notes for Matrix B: * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.050, 8.84.110,and 8.84.120. ** Matrix B does not reflect Exempt Signs in Section 8.84.140. SECTION 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: A. Awning Signs.Awning Signs shall be permitted in the same locations as wall signs and shall be subject to the requirements of Section 8.84.110. B. Bulletin Board.A bBulletin bBoard Signs twenty-four (24) square feet maximum area per side, is are permitted ten (10) feet or further from the front property line. One Bulletin Board Sign is permitted on each property with a Civic Use Type. A Bulletin Board Sign may have a maximum height of six (6) feet. C. Coming Soon Signs. Coming Soon Signs, with a maximum height of eight (8) feet and a maximum area of thirty-two (32) square feet, denoting the opening date, architect, engineer, contractor, future business or lending agency when placed on the site of work under construction. A maximum of two (2) Coming Soon Signs are permitted per construction site. A Coming Soon Sign may only be placed after issuance of a building 160 permit for the main structure and must be removed upon final occupancy of the main structure. D. Community Identification Signs. A Community Identification Sign may be permitted pursuant to a Zoning Clearance, may have a maximum area of one hundred twenty (120) square feet and may have a maximum height of twenty (20) feet. Sign illumination shall not be intermittent and sign copy shall be limited to: 1. The name of the community. 2. Information relating to the service clubs active in the area. 3. Community slogans or mottoes. 4. Directional information. C.F. Flags –Commercial Automobile/Vehicles Sales.Automobile/Vehicle Sales Commercial Flags are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 1. Automobile/Vehicle Sales Commercial Flags shall be located on the site where the business Automobile/Vehicle Sales use being advertised is conducted. 2. The location of Automobile/Vehicle Sales Commercial Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Automobile/Vehicle Sales Commercial Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Automobile/Vehicle Sales Commercial Flags shall be limited to a maximum of twenty (20)square feet and may be single sided or double sided. 5. Automobile/Vehicle Sales Commercial Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley,or other vehicular access way. No flag shall project into a public right-of-way. 6. Automobile/Vehicle Sales Commercial Flags shall be maintained in good condition at all times. Any flag that is faded, torn,or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with this subsection. D.G. Freestanding Signs.Freestanding Signs are permitted per Section 8.84.120 and in Section 8.84.040 Matrix B. 161 E.H. Identification Signs.One (1) Identification Sign is permitted per parcel in any district. Identification Signs with a maximum area of twenty-four (24) square feet per side may be approved subject to a Zoning Clearance, unless an area. A maximum of thirty-six (36) square feet per side is may be permitted with through the Site Development Review Permit process. The height of Identification Signs shall not exceed six (6) feet. I. Office Building Master Identification Sign. An Office Building Master Identification Sign may have a maximum height of eight (8) feet and a maximum area per side of twenty-five (25) square feet. One Office Building Master Identification Sign is permitted per parcel. A one hundred (100) foot minimum parcel frontage is required. F.J. Off-Site Advertising Signs.Off-Site Advertising Signs shall be permitted per Section 8.84.125. L. Off-Site Temporary For Sale Or Lease Signs. Off-site Temporary For Sale Or Lease Signs are subject to the Zoning Clearance process. Temporary For Sale or Lease Signs are permitted subject to the following: 1. Signs shall not exceed a maximum area of sixteen (16) square feet per side. 2. One (1) such sign may be placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel. 3. All signs shall have a maximum height of eight (8) feet. 4. Signs shall only 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 agent and/or agency and directions. 5. Off-site signs shall be in the immediate vicinity of the parcel, structure or establishment advertised. 6. The premises advertised by an off-site sign must be located on a parcel of land without direct access or frontage on an improved Public right-of-way. 7. All off-site signs shall be subject to standard requirements of the Zoning Clearance. 8. All signs shall be constructed of wood, plywood, metal or other rigid material. 9. No sign shall be placed on a private or public right-of-way. G.M. Pedestrian/Shingle Signs.The sign shall be: Pedestrian/Shingle Signs are permitted subject to the following provisions: 162 1. Suspended from a canopy over a sidewalk directly in front of the door of the business with a minimum of eight (8) foot vertical clearance. 2. Perpendicular to the business building wall. 3. Not more than five (5) square feet in area per side. 4. Limited to one (1) per business per building elevation and a maximum of two (2) for corner suites. N. Permanent Banner. A Permanent Banner shall be permitted pursuant to a Master Sign Program approved by the Zoning Administrator, which may display only the name or logo of the shopping center or business. Such Permanent Banner shall be maintained in good condition and shall be subject to semi-annual review. If found to be in poor maintenance, such Permanent Banner shall be replaced or removed by the shopping center or business. H.O. Projecting Signs.Projecting Signs are permitted per Section 8.84.110.C. I.E. Electronic Readerboard Reader Board Signs.An Electric Readerboard Reader Board Signs may be permitted as either a Wall Sign or a Freestanding Sign subject to a Conditional Use Permit by the Planning Commission pursuant to Chapter 8.100, Conditional Use Permit. Wall-Mounted Electric Readerboard Reader Board Signs shall comply with Section 8.84.110, Regulations fFor Wall Signs aAnd Projecting Signs. Freestanding Electric Readerboard Reader Board Signs shall comply with Section 8.84.120, Freestanding Sign General Regulations. J.K. Off-Site Real Estate Residential Development Directional Signs.The purpose of this section is to establish and regulate a standardized program of off-site real estate residential development directional signs in areas where many developments are being constructed at the same time. This will provide attractive and effective signage to help the public find the developments. Off-Site Real Estate Residential Development Directional Signs, “Signs” for the purposes of this section, are subject to the Building Permit process. These signs are permitted subject to the following: 1. Residential developments of five (5)or more dwelling units. Signs shall be prepared for residential developments where five (5)or more dwelling units are concurrently undergoing construction or for sale, lease, or rent. 2. On private property with consent of owner, public property,or City right-of- way. All signs shall be placed on private property with the written consent of the property owner, public property, or on City right-of-way subject to a City encroachment permit. 163 3. Construction and maintenance by one sign company. Signs shall be constructed and maintained by one sign company and paid for by residential developers within the City. 4. Design. The design of the signs shall be uniform and shall be to the satisfaction of the Director of Community Development by means of a pursuant to Site Development Review Permit. A modification to the design will be by means of a shall be pursuant to Site Development Review Waiver. The City logo shall be placed on top of the signs. Any single-sided signs shall be painted the same color in the back as in the front side. The signs shall not be illuminated. The sign shall feature removable linear sign panels with directional arrows. A typical example of such a sign is as follows: 5. Off-Site Real Estate Residential Development Directional Sign Plan. An Off-Site Real Estate Residential Development Directional Sign Plan shall be prepared to the satisfaction of the Director of Community Development by means of a pursuant to Site Development Review Permit. A modification to the Plan will be by means of a shall be pursuant to Site Development Review Waiver. The Plan shall show the location of each sign, preferably at major intersections, prior to the installation of any signs. No sign shall be located anywhere other than as shown on the Off-Site Real Estate Residential Development Directional Sign Plan. 6. Maintenance. The sign company shall maintain the signs to the satisfaction of the Director of Community Development. If signs are not maintained to the satisfaction of the Director of Community Development, the City shall have the right to remove and confiscate the sign. 7. Each development shall be limited to one panel on an individual sign face. 8. Informing the public. Individual panels on signs shall be used only to inform the public of residential developments within the City of Dublin. 9. Sight distance. The signs shall not interfere with the sight distance of motorists, pedestrians, or bicycle riders. 10. Sidewalk circulation. The signs shall not impede pedestrian circulation of sidewalks. 11. Freeways. The signs shall not be located within 660 feet of I-580 or I-680. 12. Weeds. The site where signs are located shall be kept free of weeds to the satisfaction of the Director of Community Development to a distance of two (2) feet around each sign. 164 13. Devices. Devises shall not be attached to or placed next to signs. Such devices include but are not limited to: tag signs, streamers, balloons, banners, pennants, flags, lights or display boards. 14. Prohibited signs. No prohibited signs such as A-Frame Signs, Portable Signs, pennants, streamers, blinking or flashing lights, or movable signs (whether mechanical or hand-held) shall be permitted on or adjacent to Signs. 15. Existing Directional Tract Signs. All existing Directional Tract Signs for individual developments will become legal non-conforming signs. The City may pursue removal of such signs pursuant to Section 8.140.070. 15.16. Removal of panel. When a given development is completely sold out or leased, the panel representing that development shall be removed from all signs. 16.17. Removal of sign. The signs shall be removed at the time the last dwelling unit of the developments is occupied. 17.18. Relocation/reduction in size. When a sign has only a few panels in use, it shall be moved closer to the developments being advertised and/or reduced in size. 18.19. Bond. The sign company shall post a bond satisfactory to the Director of Community Development to assure timely removal of the signs. K.S.6. Searchlights.Up to four (4) Ssearchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any Ttemporary promotional Ssign(s) that include Ssearchlights for more than twenty-one (21) days per calendar year. L.P. Service Station Display Structures.A Service Station Display Structure is permitted pursuant to shall be established by a Zoning Clearance and may only identify the name of the service station it adjoins. Such structure shall have a maximum height of eight (8) feet and have a maximum area of sixteen (16)square feet per side and may incorporate Service Station Price Signs. The area of the Service Station Price Sign may be added to the area of a Service Station Display Structure. A Service Station Display Structure shall be placed in a landscape planter, which should be of sufficient width, length,and height to protect the base of the sign from damage due to vehicular traffic. M.Q. Service Station Price Signs.Service Station Price Signs indicating gasoline prices, products offered for sale, methods of sale and types of available services offered are permitted when accessory to an existing service station, provided: 1. One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs. 165 2. Each price sign shall have a heavy type face or electric reader board style text and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service stations offering four (4) or more fuel products. 3. The maximum sign height shall not exceed six (6) feet. 4. A price sign may be attached to, combined with,and made part of a Service Station Sign Display Structure pursuant to subsection P of this s Section 8.84.050.L. 5. All signage shall conforms to the requirements of Business and Professions Code Section 13530 et. seq. N.R. Special Easement Signs.A Special Easement Sign may be used in-lieu of a Freestanding Sign to designate the name of a business or center. A Special Easement Sign shall be placed within the immediate vicinity of the parcel upon which the business or center is located. The premises said sign is designed to advertised must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway, which is subject to a non-revocable, non-exclusive recorded access easement. A Special Easement Sign shall be subject to permitted pursuant to a Zoning Clearance. Special Easement Signs shall not be more than four (4) feet high and six (6) feet long and shall have a maximum area of twenty-four (24) square feet per side. Special Easement Signs shall be subject to compliance with Section 8.84.120, Freestanding Signs General Regulations. O.S. Temporary Promotional Signs.Temporary Promotional Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary Promotional Signs shall have a professional appearance and be constructed of durable, all-weather materials and shall be maintained in good condition throughout the display period. 1.2. Balloons.Any tethered or untethered balloon of greater than fifteen (15) inches in diameter shall be permitted pursuant to a Zoning Clearance 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 cumulatively shall be issued that allows any tTemporary Banner promotional signs that includes balloons for more than twenty-one (21) days per calendar year. 2.3. Banner Signs.Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and 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 forty-two (42) consecutive calendar days between 166 displays is required. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign it is taller higher than the eave of the structure in which the business is located. One (1) Banner Sign may be displayed on a tenant’s building frontage. If there is more than one street frontage,and one (1) Banner Sign may be displayed on each the street frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the Banner Ssigns are at least two-hundred (200)feet apart. 3.1. Properties with Multifamily Residence Apartment Community Banner. Up to Oone (1) temporary bBanner Sign for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on-site with a multifamily residence 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 displays is required. In addition, the duration in which Bbanners Signs may be displayed is limited to a maximum duration of ninety (90) days per calendar year. A temporary bBanner Ssign for apartment communities shall not be larger than twelve (12) square feet (see Chapter 8.08.020.B for definition of apartment community multifamily residence). 4. Going-out-of-Business Signs. One (1) Going-out-of-Business Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide going-out-of-business function. The sign may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Going-out-of- Business Sign shall only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. 5. Grand Opening Signs. One (1) Grand Opening Sign is permitted in any district other than the Agricultural or Residential Districts when used for a bona fide grand opening function. The sign is effective only if applied for within sixty (60) calendar days of a business’ initial occupancy and may only be displayed once for a period not to exceed sixty (60) consecutive calendar days. A Grand Opening Sign shall only be displayed on the site on which the business is located and shall not be located so that the sign is taller than the eave of the structure in which the business is located. P.T. Tenant Directory Signs.A Tenant Directory Sign is permitted provided it is attached to the exterior wall at the entrances of a building and each sign shall not exceed a maximum area of twelve (12) square feet. Q.U. Wall Signs.Wall Signs shall be are permitted per Section 8.84.110. SECTION 8.84.060 DESIGN CRITERIA 167 A. The Zoning Administrator shall consider the following factors in the review of the design of each proposed sign: The design of all proposed signs shall be reviewed by the permitting body with consideration given to the following factors: 1. Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location). 2. Impact of other immediate signs in terms of visibility, legibility, and scale. 3. Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction. 4. Night-time use considerations including intensity of illumination (of a sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights), competition and interference of light sources and intrusion of light into residential areas. B. Each proposed sign shall be reviewed by the permitting body for conformity to the following criteria: 1. The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained. 2. To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design. 3. All light sources shall be adequately diffused or shielded. 4. The sign’s supporting structure shall be as small in density and as simple as is structurally safe. 5. Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically. 6. Plastic-faced signs with white internally illuminated backgrounds are not permitted except pursuant to a Zoning Clearance. 7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review Permit. 168 8. The S signage shall not obstruct pedestrian circulation. SECTION 8.84.070 ILLUMINATION External iIllumination may be allowed on all signs upon the approval of the Community Development Director Zoning Administrator, unless otherwise set forth in this Chapter. Floodlighting External illumination used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways,or adjoining properties. SECTION 8.84.080 LANDSCAPING Landscaping used in commercial areas where a signage is proposed will be of species which have growth habits which facilitate visibility of signage to the greatest degree possible while still providing necessary shade and screening and meeting all other requirements of this Chapter. SECTION 8.84.090 A – AGRICULTURAL DISTRICT – SIGNS PERMITTED When located in an A District, and subordinate to a lawful use, Business On-Site Signs not exceeding an aggregate area of ten (10) square feet per side are permitted as shown in Matrix A (Section 8.84.030). SECTION 8.84.110 REGULATIONS FOR WALL SIGNS, AWNING SIGNS,AND PROJECTING SIGNS Wall Signs, Awning Signs, and Projecting Signs are permitted subject to the following regulations: A. General 1. Zoning Districts.These regulations shall apply in the C-N, C-O, C-1, C-2, M- P, M-1,and M-2, and comparable PD Zoning Districts. 2. Computation Oof Sign Area.The area of Wall and Projecting sSigns shall be computed as the entire area within a single, continuous perimeter creating a polygon of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the above enclosing the extreme limits of the sign together with any frame or other material or color forming an integral part of the display or used to differentiate such 169 sign from the background against which it is placed, provided that in the case of a sign with more than one (1) exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape,or unusual architectural features shall be considered sign area and is subject to all pertinent regulations. Those portions of the supports, uprights, base of a sign, or area used for street address, that do not function as a sign shall not be considered as part of the sign area. 3. Extension Oof Sign Above Ridge Roof-Line.No part of any Wall Sign or Projecting Sign shall extend above the Rroof-Lline of the building elevation on which the sign is displayed. 4. Maximum Sign Height.The height of No Wall or and Projecting Signs shall not exceed two (2) feet, six (6) inches where either a sign cabinet or individual letters are used. This standard may be increased with a Site Development Review Permit. Exceptions: A single wall sign may be up to four (4) feet high if it is no more than four (4) feet wide and otherwise conforms to the requirements of the Sign Regulations. A Wall or Projecting Sign shall not exceed may be three (3) feet high if it is on the face of a building at least eighteen (18) feet high. 5. Maximum Sign Length.No Wall Sign shall exceed a length of twenty-four (24) feet. This standard may be increased pursuant to with a Site Development Review Permit. 6. Supporting Members Oof Signs Minimized.Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building, and any required bracing shall be minimized. 7. Number Oof Building Frontages.Each business or tenant space may be permitted a maximum of three (3) building frontages with maximum of one (1) wall sign per frontage. 8. Frontage Allocation Not Transferable.In no case shall a sign or sign area permitted on one (1) frontage be transferred to another frontage. 9. Use of All Legal Existing Sign Cabinets on a Tenant Frontage.All legal existing sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites behind the Tenant Frontage. B. Wall Signs and Awning Signs 1. Area Oof Wall Signs.The area of wWall sSigns for each business or tenant space shall not exceed one (1) square foot of sign area for each lineal foot of Tenant Frontage occupied by such business up to a maximum sign size of one hundred fifty 170 (150) square feet. Pursuant to Site Development Review Permit, this standard may be increased by one and one-half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. Additional sign area may be unless exceeded through approval of a Master Sign Program pursuant to Section 8.84.130. With a Site Development Review this standard may be increased to one and one- half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. 2. Wall Signs on Buildings Distant Ffrom Street.A tenant space of a building which is set back at least one hundred (100) feet or more from any street may increase the Wall Sign area by twenty-five (25%) percent. 3. Wall Signs Parallel To Building Face. Attached wall signs shall be parallel with the building face. 3.4. Wall Signs and Awning Signs Projecting Ffrom Face Of Wall.Wall signs shall project not more than twelve (12) inches from a wall except that Wall Signs projecting from twelve (12) inches to thirty (30) inches from the wall to which they are attached are permitted with a Site Development Review Permit. Awning Signs shall not project more than thirty-six (36) inches from a wall except that Awning Signs projecting more than thirty-six (36) inches from the wall to which they are attached are permitted with a Site Development Review Permit. C. Projecting Signs 1. Clearance Oof Projecting Signs.Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No such sign shall project into a public right-of-way. 2. Location Oof Projecting Signs.Projecting Signs shall only be located on the middle one-third of the front wall of a building. This requirement may be modified pursuant to by means of a Site Development Review Permit. 3. Number of Projecting Signs.Only one (1) Projecting Sign shall be permitted for each business located on the site. 4. Projecting Sign Areas.A Projecting Sign shall have a maximum size of sixteen (16) square feet per side unless increased pursuant to a Site Development Review Permit. 171 5. Projecting Sign Projection Limit.Projecting Signs shall not extend from the front wall to which they are attached more than eight (8) feet unless modified pursuant to by a Site Development Review Permit. SECTION 8.84.120 REGULATIONS FOR FREESTANDING SIGNS A Freestanding Signs are permitted subject to the following regulations:shall: A. Zoning Districts.Freestanding Signs are permitted in the R-1, R-2, and R-M Zoning Districts when there is a Civic Use Type, as well as the C-N, C-O, C-1, C-2, DDZD, M-P, M-1, and M-2 zoning districts. B.A. Landscape Planter.Freestanding Signs shall Bbe located in a planter of appropriate dimension. The design of the landscape planter should be of sufficient width, length,and height to protect the base of the sign from damage due to vehicular traffic. C.B. Interstate Freeway Proximity. The Freestanding Sign shall Nnot be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway. D.C. Main Entrance Proximity.Freestanding Signs shall Bbe permitted at one (1) or more of the main entrances pursuant to a Master Sign Program. E.D. Location.Freestanding Signs shall Bbe permitted to be located within required front, side or rear yard setback areas. F.E. Copy Restrictions.Freestanding Signs shall Iindicate the building address or address range of the building and/or complex it serves. G.F. Clearance of Freestanding Signs.Freestanding Signs shall Hhave a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang extending over a driveway, alley, or other vehicular access. H.G. Not project into a public right-of-way. I.H. Height.Freestanding Signs shall Hhave a maximum height of ten (10)feet at the property line. The height may be increased half (0.5)foot for every foot the sign is set back from the nearest street frontage property line up to a maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up to thirty-five (35) feet pursuant to with a Site Development Review Permit. Heights above thirty-five (35) feet may be permitted pursuant to a Master Sign Program. J.I. Area of Freestanding Signs.Freestanding Signs shall Hhave a maximum area of fifteen (15)square feet per side at the property line. The area may be increased two and one half (2.5)square feet per side for each foot the sign is set back from the nearest 172 street frontage property line. The maximum size for a fFreestanding sSign is one hundred and fifty (150) square feet per side. A Freestanding Sign may have an area greater than one hundred and fifty (150) square feet pursuant to a Master Sign Program. J. Also be regulated as shown in Section 8.84.040, Matrix B. K. Number of Freestanding Signs.Freestanding Signs shall Bbe limited to one (1) Freestanding Sign per parcel unless more than one (1) Freestanding Sign were allowed pursuant to a Master Sign Program. SECTION 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 the Scarlett Court Overlay. C. Interstate Freeway Proximity. 1. Signs shall be located between 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. 173 H. Copy Restrictions.Signs shall not display products, goods, or services related to tobacco, firearms, or sexually explicit material. SECTION 8.84.130 MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW PERMIT A. New signage Signs 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 Permit to be reviewed by the Zoning Administrator pursuant to Chapter 8.104 Site Development Review. B. 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 Permit to be reviewed by the Zoning Administrator. C. A Master Sign Program/Site Development Review Permit shall be granted based on the following findings based on evidence in the record: 1. That the program’s contribution to effective and attractive identification of businesses, services,and uses and the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of this Chapter Section 8.84.040, Sign Development Regulations, Section 8.84.050, Signs Subject To Permits, Section 8.84.110, Regulations For Wall Signs And Projecting Signs, and Section 8.84.120, Freestanding Sign General Regulations; and 2. That all of the proposed signs of the retail, office,or industrial complex, shopping center, automobile dealership or building are compatible with the style or character of existing improvements on the site and are well related to each other; and 3. That all of the proposed signage shall generally conform with the Design Criteria in Section 8.84.060. D. The Master Sign Program shall include, but not be limited to, indications of the quantity, locations, dimensions, colors, design, method of illumination, and sign types of all signs to be installed. SECTION 8.84.140 EXEMPT SIGNS 174 The following signs are exempt from obtaining a Sign P permit but shall comply with all other regulations of this Chapter article: A. A-Frame Signs.A-Frame Signs shall be subject to the following: 1. Quantity.One (1) per business. 2. Size.A maximum of six (6) square feet per side with a maximum of two sides. 3. Height.A maximum height of four (4) feet. 4. Materials.Professional quality materials are required; plywood is prohibited. 5. Location.A-Frame Signs shall be located within five (5) feet of the pedestrian entrance to the applicable tenant space. A-Frame Signs shall be placed on hardscape and shall not block accessible paths of travel or inhibit sight distance for ingress or egress. 6. Stabilization.All A-Frame Signs shall be freestanding and able to withstand wind gusts or must be removed during inclement weather. A-Frame Signs shall not be attached to structures, trees, benches, or any other landscape features. 7. Sign Copy.A-Frame Signs shall not include Commercial Messages except as related to commercial or industrial activities on the property on which the A-Frame Sign is located. 8. Daily Removal.A-Frame Signs shall be removed at the close of business each day. B.A. Direction/Warning Signs.Signs displayed for the direction, warning,or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, except and all Direction/Warning Signs designed as pavement markings regardless of size, which are not so restricted as to maximum area. C.B. Flags.The flag or insignia of any charitable, educational, philanthropic, civic, professional or religious organization, or seasonal flags. Flags that do not contain Commercial Messages. D. House Numbers Aand Name Plates.House numbers, name plate or identification of house members (provided sign does not exceed two (2) square feet maximum area), mailbox identification, street names, “no-trespass” signs, and other warning signs. E. Lottery Signs.Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers. F. Memorial Tablets.Memorial Tablets or signs identifying a benefactor, a location of historical interest, or a statue or monument. 175 F.G. Murals/Artwork.Murals that do not contain Commercial Messages or other artistic paintings on walls, provided no logos, emblems or other similar devices, sign copy or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting. G.H. Official Public Signs.All Official Public Signs erected by or on the order of a public official or agency as defined. H.I. Real Estate Signs.On-Site Temporary For Sale Or Lease Signs.All On-Site Temporary For Sale or Lease Signs Real-Estate Signs are permitted subject to the following provisions provided they shall: 1. Not exceed a maximum area of sixteen (16) square feet per side.; 2. Be limited to one (1) such sign placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel.; 3. Have a maximum height of eight (8) feet.; 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; 4.5. Be constructed of wood, plywood, metal,or other rigid material; and 5.6. Not be placed on a private or public right-of-way. I.J. Real Estate Directional Signs.Real Estate Directional Signs Open House Signs.Open House Signs are permitted subject to the following special provisions provided they shall: 1. Be limited to a A maximum of four (4) open house signs are permitted for each property being advertised for sale. 2. Such signage shall not Not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb)where such signsage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk width to less than thirty-two (32) inches. Notwithstanding the above, signs Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 176 3. Signage is nNot to be adhered or attached to any public signpost sign post, traffic signal,or utility pole. 4. Signs cannNot be placed within a five (5) foot radius of a call box, fire hydrant, or mailbox. 5. Include placement of no No more than eight (8) open house signs shall be placed at any intersection. No and no more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot Not have additional tags, riders, streamers, balloons,or other attachments. 7. The size of the sign shall nNot exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open house signs shall bBe permitted on holidays, Saturdays, Sundays,and one agent tour day each week from 10:00 a.m. through sunset. 9. Be subject to the The City’s shall be authorityzed to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open house signs. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. 10. Secure Pproper authorization by the affected private property owner shall be secured prior to placement of signs on private property. K. Private Recreational Signs.Signs which are within private recreational property and which cannot be seen from a public street or adjacent properties. J.C. Seasonal Holiday Lights Aand Decorations.Seasonal Holiday lights (if lighted) and seasonal decorations may be displayed for up to sixty (60) consecutive calendar days commonly associated with any national, local or religious holiday erected no sooner than forty-five (45) calendar days before the holiday and removed within fourteen (14) calendar days following the holiday. Seasonal Holiday balloons, including large balloons used in conjunction with a seasonal holiday event, are exempt from obtaining a Sign Ppermit when located in a Residential Zoning District. K.L. Temporary Non-Commercial Political Signs.Temporary Non-Commercial Signs political signs provided they shall: 1. Be displayed for no more than sixty (60) consecutive calendar days removed within 10 calendar days following the election. 177 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.M. Vehicular Signs.A vehicle with Vehicular Signs less than nine (9) square feet per panel or side of vehicle affixed shall be parked on the property on which the business is located, and as close as practical to the business it serves for less than twenty-four (24) hours continuously or eighty-four (84) hours in a seven (7) day period. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. M.N. Window Signs.Window Signs shall not exceed twenty-five (25) percent (25%)of the contiguous window area from which they are viewed. SECTION 8.84.150 PROHIBITED SIGNS The following signs, or signs which contain the following elements, are prohibited: A. A-Frame Signs. Any A-Frame Sign, Portable Sign or Sandwich Board Sign. A.B. Balloons.Any singular or clustered balloon(s) up to 15 inches in diameter used for advertising purposes and attached to any structure, vehicle, pole, or sign which is located in any Commercial or Industrial Zone by designated Planned Development or standard Commercial or Industrial Zone, which is displayed higher than ten (10) feet above the ground. C. Billboard Signs. Any Billboard Sign. B.D. Blinking, Flashing Lights.Any sign having blinking, flashing,or fluttering lights, or any other illuminating device which has a changing light intensity, brightness,or color. E. Directional Tract Signs. 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. 178 C.G. Obscene Or Derogatory Signs.Any sign containing any obscene or derogatory matter, as defined by federal court precedent. D.H. On Public Property.Any sign whether portable, temporary,or permanent in nature located within the public roadways rights-of-way, public sidewalks, public roadway medians or on public property except the following: 1. An Official Public Sign. 2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities,or routes. 3. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property. 4. An Open-House Sign. E.J. Pennants.Either directly or indirectly attached to any structure or pole. F.I. Privately-Oowned sSigns Resembling Traffic Signs.Any privately-owned sign resembling any public directional sign or traffic control device. G.K. Reflective Signs.Signs using colors that contain reflective properties. H.L. Rotating, Moving,and Human-Held Signs.Any sign with Commercial Messages that rotates, moves, contains moving parts,depicts animation in any manner,or any sign with Commercial Messages that is held by a human being in any manner for a commercial purpose, including but not limited to advertising a produce, real property, or service. I.M. Signs Extending Above Roof Ridge.Any sign, which extends above the roof ridge line or parapet. J.N. Streamers.Streamers Eeither directly or indirectly attached to any structure or pole. K.O. Signs Tthat Aare Aa Traffic Hazard.Any sign, which creates a traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist’s vision of traffic signals. N.P. Signs Wwith Visible Support Brackets.Any sign mounted on a sloping roof with visible support brackets. L.Q. Sound Oor Odor Emitting Signs.Any sign designed for emitting sound, odor,or visible matter. 179 R. Statuary Signs. Statuary when used for advertising purposes. S. Temporary Signs. Temporary signs except as approved in conjunction with approved signage for Grand-Opening, Permanent Banner and Temporary Promotional signs. M.T. Vehicular Signs.Any sign that exceeds nine (9)square feet per panel or side of vehicle on any car, van, truck or other vehicle that is either operable or non-operable, that is parked in any parking lot or adjacent right-of-way that is visible from a highway, collector or major street for a period that exceeds either twenty-four (24)hours continuously or eighty-four (84)hours in any seven (7)day period. SECTION 8.84.170 APPLICATION - CONTENTS Application for a Sign P permit shall be made in writing upon forms furnished by the Department of Community Development and shall include the Pproperty Oowner’s signature authorizing the application, and other information determined by the Community Development Director Zoning Administrator. SECTION 8.84.190 APPLICATION - APPROVAL A. The Permitting Body Zoning Administrator shall approve a Sign Ppermit Aapplication only if he or she finds that: 1. The sign and/or proposed location are not prohibited under section 8.84.150, Prohibited Signs. 2. The sign is permitted under a specified section of this Chapter or under a Master Sign Program granted pursuant to Section 8.84.130 or an Exception granted pursuant to Section 8.84.200. 3. The sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area. 4. The sign will not materially reduce the visibility of existing conforming signs in the area. 5. The sign, as proposed or modified, conforms to the Design Criteria specified in Section 8.84.060, Design Criteria. B. Applications for the Sign Permits applications shown in Section 8.84.030 Matrix A shall be subject to the regulations, review, procedures, and appeal process set forth in the Zoning Ordinance. 180 SECTION 8.84.200 SIGN EXEMPTIONS Upon application, the Zoning Administrator may grant a Sign Exception to a regulation in this Chapter or, at the discretion of the Zoning Administrator, the application may be referred to the Planning Commission.All of the following findings shall be made in order to approve a Sign Exception and shall may be granted when the Zoning Administrator or the Planning Commission makes the following findings based on evidence in the record: A. The proposed Sign Exception conforms as closely as practicable to the regulations pertaining to sign size, height, number and location; and B. The proposed Sign Exception is consistent with the intent of providing attractive and effective identification and other purposes of the sign regulations; and C. Either: 1. Strict adherence to the sign regulations does not allow attractive and effective identification of the site or practical functioning of the business because of the site’s location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or 2. The architectural style, materials,or construction elements of the building are such that a sign placed in conformance with this Chapter would conflict with other aesthetic considerations. D. The procedure for processing a Sign Exception shall be as set forth in Chapter 8.112, Variance. SECTION 8.84.220 ILLEGAL SIGNS SUBJECT TO SUMMARY REMOVAL Signs and their supporting members, which meet any of the following criteria, shall be considered illegal signs and shall be subject to summary removal pursuant to this Chapter: A. Any signs and their supporting members erected without first complying with all ordinances and regulations in effect at the time of their construction, erection,or use. B. Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached has been abandoned by its owner, for a period of not less than ninety (90) days or more. 181 C. Any signs and their supporting members which have been more than fifty (50) percent (50%)destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D. Any signs and their supporting members whose owners, except for a change of copy, request permission to remodel and then remodel those sign displays, or expand or enlarge the buildings or land uses upon which the sign displays are located, and the sign displays are enlarged or otherwise made to be not in conformity with this Chapter Title by the construction, enlargement,or remodeling. Remodeled signs where the cost of construction, enlargement, or remodeling of the sign displays exceeds fifty (50) percent (50%)of the cost of reconstruction of the building. E. Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. F. Any signs and their supporting members which are temporary and not otherwise permitted by this Chapter. G. Any signs and their supporting members which are a danger to the public or are unsafe. H. Any signs and their supporting members, which constitute a traffic,hazard not created by relocation of streets or highways or by acts by the City. I. Any signs and their supporting members that were legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the Ordinance rendering the display non-conforming has expired, and conformance has not been accomplished. SECTION 8.84.300 SUBSTITUTION OF NON-COMMERCIAL SPEECH FOR COMERCIAL SPEECH Notwithstanding anything contained in this Chapter to the contrary, any sign erected pursuant to the provisions of this Chapter may, at the option of the owner, contain a non- commercial message in lieu of a commercial message and the non-commercial copy may be substituted at any time in place of the commercial copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another non-commercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this Chapter have been satisfied. SECTION 8.104.A.10 SIGNAGE 182 10. Signs.All Master Sign Programs and other sSigns which require a Site Development Review Permit pursuant to Chapter 8.84, Sign Regulations 183 Attachment 3184 185 Sign Regulations and Site Development Review Zoning Ordinance Amendments City Council April 6, 2021 186 Background •Reed v. Town of Gilbert –Supreme Court considered whether local regulations governing the content of signs violated the First Amendment –Court found the regulations were content-based restrictions on free speech and were unconstitutional •Staff evaluated the City’s existing regulations and determined amendments were necessary 187 Proposed Project •Zoning Ordinance Amendment includes revisions to Chapter 8.84 (Sign Regulations) to ensure compliance with the Supreme Court decision •Rename, eliminate, and combine sign types •Define undefined terms •Permit A-Frame Signs to support local businesses 188 Proposed Project (continued) •Banners for promotional events, Going-out-of- Business, and Grand Opening Signs are reclassified as Banner Signs and permitted for maximum of 21 days with waiting period of 42 days •Political Signs reclassified as Temporary Non- Commercial signs and permitted for maximum of 60 days 189 Proposed Project (continued) •Holiday Lights and decorations reclassified as Seasonal Lights and Decorations and permitted for maximum of 60 consecutive days •Master Sign Program/Site Development Review Permit is subject to approval by the Community Development Director 190 Recommendation •On March 9, 2021, the Planning Commission recommended approval of the Zoning Ordinance Amendment. •Waive the reading and INTRODUCE the Ordinance amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. 191