HomeMy WebLinkAboutItem 4.07 Sign Reg and Permit ProceduresG~~~ OF DU~~`2
~
19`~;~~~ STAFF REPORT C I T Y C L E R K
~ ~ ~ DUBLIN CITY COUNCIL File # ^~~~-~~
~~LIFOR~~~
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DATE: July 20, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE : CONSENT - Temporary Amendment to the Sign Regulations (Chapter 8.84) and Permit
Procedures (Chapter 8.96) of the Dublin Zoning Ordinance PLPA-2010-00021
Prepared By: Erica Fraser, Senior Planner
EXECUTIVE SUMMARY:
Second reading of an Ordinance extending temporary modifications to Chapter 8.84, Sign
Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance related to
temporary promotional banners and the effective period of permits. These modifications
contribute to the City's program to provide an economic stimulus to business owners during the
current economic climate. The modifications would be in effect for a period of one year, until
August 20, 2011.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and Adopt an Ordinance amending
the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating
to Permit Procedures for a one-year period.
~`t ~ r i
" Submitted By:
Community Development Director
Re ' ed By:
Assistant City Manager
Page 1 of 2 ITEM NO. `T~• ~
G:IPA#120101PLPA-2010-00021 ZOA 8.84 and 8.961CCSR Second Reading.doc
DESCRIPTION:
On June 22, 2010, the City Council waived the reading and introduced an Ordinance amending
the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating
to Permit Procedures for a one-year period (Attachment 1). The proposed amendments extend
temporary modifications that increase the effective period of permits (from one to two years),
increase the number of days temporary promotional banners may be displayed (a total of 21
consecutive days with a 21 day waiting period) and modifications to the maximum promotional
banner size (60 square feet).
The City Council also directed Staff to prepare permanent modifications to Chapter 8.84, Sign
Regulations, which will be reviewed by the City Council during a public hearing at a later date.
The temporary amendments described above need to be approved by the City Council tonight
in order to allow Staff to bring the permanent modifications to the City Council at a later date
without a lapse in the regulations.
For a background discussion and analysis of the Project, please refer to the June 22, 2010 Staff
Report (Attachment 2).
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act
(CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code
(Zoning Ordinance) may have a significant effect on the environment.
ATTACHMENT: 1. Ordinance amending the Dublin Municipal Code Chapter 8.84
relating to Sign Regulations and Chapter 8.96 relating to Permit
Procedures for a one-year period.
2. City Council Staff Report dated June 22, 2010 (without
attachments).
G:IPA#120101PLPA-2010-00021 ZOA 8.84 and 8.961CCSR Second Reading.doc
Page2of2
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ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 RELATING TO SIGN
REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT PROCEDURES FOR A ONE-
YEAR PERIOD
PLPA 2010-00021
WHEREAS, on July 21, 2009, the City Council adopted Ordinance 11-09 which approved
a one-year modification to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit
Procedures, to provide a stimulus to businesses and property owners in the City during the
current economic climate; and
WHEREAS, the temporary modifications will expire on August 20, 2010 and the previous
regulations will then take effect; and
WHEREAS, the City Council requested that Staff bring the temporary modifications back
to the City Council prior to the expiration of the modifications; and
WHEREAS, a properly noticed public hearing was held by the City Council on June 22,
2010; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the amendments are consistent with the Dublin General Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City of Dublin does ordain as follows:
SECTION 1 _
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section
15601(b) (3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. This adoption of this Ordinance is exempt from CEQA
because the Ordinance does not, in itsetf, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
SECTION 2.
Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is
hereby amended as follows, with deletions indicated in strikethrough (st~i~e##~e~~ and
additions indicated in underline (underline :
~~~m `l. ? 7-2~ ~ l o
ATTACHMENT 1
D
~ ~' /
"Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District.
Matrix A, Sign Approvals and Decisionmaker Authority prescribes the necessary permits and
the decisionmaker authority applicable to the specified signs for each zoning district:
Matrix A
SlQtl AppPOVaIS and Decisinnmakar A~~+h~,r~f.. h.. ~.,.,:~~ n:..a..:...*
Si n T e
A -----
R-1, R-2, R-M
C-N
C-O N LVI/~~~
C-1 L,/IJ{,I IV~
C-2
M-P, M-1, M-2
Awnin E X ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP
Comin Soon X X ZC ZC ZC ZC ZC
Communit ID X ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP PC CUP PC CUP PC CUP PC CUP PC
Freestanding 20' or less in
ht. E X ZC X BP BP BP
Freestanding greater than
20' in hei ht X X X X SDR SDR SDR
Grand-O enin X X ZC ZC ZC ZC ZC
Identification "` ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR
Master Sign Program SDR(ZA X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) ;
Office Buildin Master ID
Off-Site Residential
Develo ment Directional X
BP X
BP ZC
BP ZC
BP ZC
BP ZC
BP ZC
BP
Off-Site Temporary For Sale
or Lease E X ZC ZC ZC ZC ZC
O en-House X Permitted X X X X X
Permanent Banner Sign X X X X MSP/SDR MSP/SD
R MSP/SDR
Pro'ectin E X BP BP BP BP BP
Service Station Display
Structure X X ZC X ZC ZC ZC
Service Station Price Si n X X ZC X ZC ZC ZC
S ecial Easement E X ZC ZC ZC ZC ZC
Temporary Promotional (21
~5-Da s X ZC"*" ZC ZC ZC ZC ZC
Tenant Directo X X BP BP BP BP BP
Wall E X BP BP BP BP BP
Window
A1..1.... F... ~~..a.:., n X X BP BP BP BP BP
c..~ rvl Ivlalll/~l1.
Business Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090. and subject to Building
Permit
BP Permitted and subject to Building Permit
CUP Conditional Use Permit Approval Required and subject to Building Permit
SDR Site Development Review Approval by Staff Required and subject to Building Permit
PC Planning Commission is decision maker authority
ZA Zoning Administrator is decision maker authority
ZC Zoning Clearance by Staff Required and subject to Building Permit
X Not Permitted
' Matrix A does not reflect Exempt Signs in Section 8.84.140
" A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is allowed
with a Site Development Review.
"' Only Temporary Banners, not exceeding 12-square feet, are allowed for apartment communities (see Section 8.84.020.6 for
definition). All other temporary promotional signs are not allowed in this zoning district.
Planned Development signage is permitted by Section 8.84.100.
A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200.
Page 2 of 9
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SECTION 3.
Section 8.84.040 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is
hereby amended as follows, with deletions indicated in strikethrough (' and
additions indicated in underline (underline :
"Section 8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign
Development Regulations, prescribes required development regulations for permitted signs.
The information in Matrix B is subordinate to and supplementary to the information in Section
8.84.050, Signs Subject To Permits."
Matrix B
Si n Develo ment Re ulations **
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional
Section No. Number of Height side Requirements* Regulations *
si ns in s. ft.
Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal ft. 1 per business N/A May project 36
Sec. or tenant of Tenant Frontage or tenant inches. More
8.84.050.A frontage as to maximum of 150 frontage with than 36 inches
permitted by sq. ft. (with SDR, maximum of with SDR.
Sec. 8.84.110 1.5/lineal ft. to max three Max. sign length
B•4• of 250 sq. ft.); 25% frontages. of 24 ft.
bonus if tenant
space is 100 ft. from
Street.
Bulletin 1 6 ft. 24 sq. ft. 10 ft. from Announcements
Board front property pertaining to an
Sec. line; Must meet on-site church,
8.84.050.B all other yard school, community
requirements. center, park,
hospital or
institutional
building.
Coming 2 8 ft. 32 sq. ft. On Opening date, May only be
Soon construction architect, engineer, placed during
Sec. site. contractor, future time period
8.84.050.C business, or between building
lender. permit and final
occu anc .
Community 1 20 ft. 120 sq. ft. Service club Illumination shall
~~
Sec. names and not be
8.84.050.D emblems and intermittent;
community Means of
slogans support shall be
concealed.
' Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 3 of 9
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Sign Type , Maximum Maximum Maximum Location Copy Additional
Section No. Number of Height Area per side Requirement* Restrictions * Regulations *
si ns in s. ft.
Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 Per Sec.
Readerboard 8.84.110 if 8.84.110 if 8.84.110 if 8.84.110 if if wall sign; 8.84.110 if wall
Sec. wall sign; wall sign; wall sign; wall sign; 8.84.120 if sign; 8.84.120 if
8.84.050.E 8.84.120 if 8.84.120 if 8.84.120 if 8.84.120 if freestanding freestanding
free- freestandin freestanding freestanding sign. sign.
standing g sign. sign. sign.
si n.
Freestanding 1 per 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have
20' or less in parcel; 2 property side at appropriate building address minimum
height; or more line; May property line; dimension; or address clearance of 14
Freestanding with be May increase Not closer range. feet if
greater than Master increased .5 2.5 sq. feet than 50 feet overhanging
20' in height. Sign ft. for every per side for from R-O-W of vehicular way;
Sec. 8.84.120. Program. 1 ft. the each 1 ft. Interstate Must not project
sign is set sign is set Highway; into a public
back from back from Permitted right-of-way.
the nearest nearest street within
street frontage required
frontage property line. yards; At one
property Maximum of or more main
line up to a 150 sq. ft. entrances
maximum with Master
of 20 ft.; Up Sign Program.
to 35 ft.
with SDR.
Grand- 1 No limit. No limit. Must be Only effective
Opening displayed on within 60 days
Sec. the site on of initial
8.84.050.G which grand- occupancy; 30-
opening will day maximum.
occur.
Identification 1 6 ft. 24 sq. ft. with None. Name and/or use Means of
Sec. Zoning of building. support shall be
8.84.050.H Clearance; concealed.
36 sq. ft. with
SDR.
Office 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum
Building building, parcel frontage
Master ID institutional use required; Means
Sec. and address of support shall
8.84.050.1 be concealed.
" Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
"* Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 4 of 9
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Sign Type Maximum Maximum Maximum Location Copy Additional
Section No. Number of Height Area per Requirements * Restrictions * Regulations *
signs side in sq.
ft.
Off-Site Determined Determined Determined Determined by Determined by Determined by
Residential by Director by Director by Director Director of Director of Director of
Developmen of of of Community Community Community
t Directional Community Community Community Development Development Development
Sec. Developmen Developmen Developmen
8.84.050.J t t t
Off-Site 1 per 100 ft. 8 ft. 16 sq. ft. Off-site sign is For sale or lease; Must be
Temporary of street located in Name and phone constructed of
For sale or frontage; immed. vicinity number of agent wood
lease
Up to 2 per
of advertised
and/or agency. ,
plywood
metal
Sec. parcel. premises w/o ,
or other rigid
8.84.050.K direct access material.
to ublic road.
Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk Not attached to
Sec. 4 per and any public
8.84.050.L property; landscaping sign, post,
Up to 8 per strip but traffic signal or
inter- cannot disrupt utility pole; No
section. normal additional tags,
One per vehicular flow, riders
property block views, streamers
being block ingress balloons or
advertised or egress to other
at a given any residence attachments;
intersection or business, or Permitted on
restrict a Holidays, `
sidewalk to Saturdays and
less than 32 Sundays and
inches. one agent tour
Prohibited in day each week
center divider from 10:00 a.m.
or traffic to sunset.
islands of
public streets;
Cannot be
within 5 ft.
radius of a call
box, fire
hydrant or mail
box.
Pedestrian/ 1 N/A 5 sq. ft. Suspended None. 8 ft
vertical
Shingle from canopy .
clearance;
Sec.
8
84
050
M over a Perpendicular
.
.
. sidewalk to business
directly in front building wall.
of the door of
the business.
" Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
*'" Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 5 of 9
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Sign Type Maximum Maximum Maximum Area Location Copy Additional
Section No. Number of Height per side in sq. Requirements * Restrictions * Regulations "'
si ns ft.
Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of Maintain in
Banner MSP/SDR shopping center, good
Sec. business or logo. condition;
8.84.050.N Subject to
semi-annual
review;
Replace if in
poor
maintenance.
Projecting 1 per 2 ft. 6 in.; 16 sq. ft.; May In middle 1/3 of N/A Sec. 8.84.110
Sec. business. May be be increased front wall of (C)
8.84.050.P increased through SDR. building.
through
SDR.
Service 1 8 ft. 16 sq. ft. None. Name of service May be
Station station. combined with
Display Service Station
Structure Price Signs;
Sec. Placed in
8.84.050.Q landscape
lanter
Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be
Station fuel products; frontage. combined with
Price Signs 24 sq. ft for 4 Service Station
Sec. fuel products. Display
8.84.050.R Structure.
Special 1 4 ft. 24 sq. ft. Within Name of In-lieu of
Easement immediate business and/or Freestanding
Sec. vicinity of the center. Sign; Business
8.84.050.S business the located on
sign parcel w/o
advertises. direct access
or frontage on
improved
ROW; must be
connected by
roadway/acces
s easement.
"Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
*" Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 6 of 9
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Sign Type Maximum Maximum Maximum Area per Location Copy Additional
Section No. Number of Height side in sq. ft. Requirements'' Restrictions* Regulations *
si ns
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of ~5
Promotional Clearance. Clearance. Clearance. which business Clearance. 21 consecutive
Sec. is located and calendar days
8.84.050.~S shall not be per permit; 38
Banner signs shall located so that 21 consecutive
not be larger than 3A the siqn is calendar day
60 hiqher than the waiting period
square feet eave of the between
structure in permits.
which the
Temporary Banner business is Temporary
Temporary One (1) for Apartment located. Banners for
Promotional Communities which Apartment
Banner for shall not exceed 12 Communities
Apartment square feet shall be allowed
Sec. 10 consecutive
8.84.050.~S days per permit;
20 consecutive
calendar days
waiting period
between
permits. The
duration in
which banners
may be
displayed is
limited to a
maximum
duration of 90-
days per
calendar ear.
Tenant 1 N/A 12 sq. ft. At entrance of Listing of tenant None
Directory building on an names and suite
Sec. exterior wall. numbers/letters.
8.84.050. U
Wall 1 per 2 ft. 6 in. 1 sq. ft. per lineal ft. 1 per business N/A May project 12
Sec. business or of Tenant Frontage or tenant inches, 30
8.84.110V tenant to maximum of 150 frontage with inches w/ SDR.
frontage sq. ft. (with SDR, maximum of Max. sign
Rev. Ord. 20- with 1.5/lineal ft. to max three frontages. length 24 ft.
06 maximum of 250 sq. ft.); 25°/a
(November of three bonus if tenant
2006) frontages space is 100 ft. from
Street.
Window N/A N/A N/A Inside a N/A Not more than
Sec. building. 25% of
8.84.050.W contiguous
window area.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 7 of 9
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SECTION 4.
Subsection S of Section 8.84.050 of Chapter 8.84 of the Dublin Municipal Code, entitled
"Temporary Promotional Signs," is hereby amended as follows, with deletions indicated in
strikethrough (°+r;~°+"r^„^"~ and additions indicated in underline (underline :
Section 8.84.050.S is hereby amended as follows:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a
Zoning Clearance may be placed on-site for a maximum of f~~°~~ twentv-one (21)
consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of ~k~8-~ twentv-one (21) consecutive calendar
days between permits is required, with the exception of balloons as defined herein and
temporary banners for apartment communities. A Banner Sign shall not be larger than
60 square feet ~n ;„^tio~ h„ ~n foo+ in size and the sign shall not be located so that the
siqn is taller than the eave of the structure in which the business is located.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning
Clearance and may be placed on-site for a maximum of ten (10) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of twenty (20) consecutive calendar days between permits is required. In addition,
the duration in which banners may be displayed is limited to a maximum duration of 90
days per calendar year. A temporary banner sign for apartment communities shall not
be larger than 12 square feet (see Section 8.84.020.B for definition of apartment
communities).
Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons
shall be tethered to the ground only with the bottom of the balloon on the ground and
shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly
or cumulative shall be issued that allows any temporary promotional signs that include
balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued
for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative
shall be issued that allows any temporary promotional sign(s) that include searchlights
for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods
less than 15 days.
SECTION 5.
Section 8.96.020.D of Chapter 8.96, of the Dublin Municipal Code, entitled "Permit Procedures,"
is hereby amended as follows, with deletions indicated in strikethrough (~~r~U°+hrn~ ~nF~1 and
additions indicated in underline (underline :
"D. Permit Expiration. Notwithstandinq any conditions of approval of permits approved prior
to the effective date of Ordinance No. , construction or use shall commence within
two (2~,years ~n ~1~~„ of Permit approval, or the Permit shall lapse and become null
and void. Commencement of construction or use means the actual construction or use
Page 8 of 9
9~'~~~
pursuant to the Permit approval, or, demonstrating substantial progress toward
commencing such construction or use. If there is a dispute as to whether the Permit has
expired, the City may hold a noticed public hearing to determine the matter. Such a
determination may be processed concurrently with revocation proceedings in appropriate
circumstances. If a Permit expires, a new application must be made and processed
according to the requirements of this Ordinance.
SECTION 6.
Severability. The provisions of this Ordinance are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
thereof of the Ordinance or their applicability to other persons or circumstances.
SECTION 7.
Effective Date, Term and Posting of Ordinance. This Ordinance shall take effect and be in
force thirty (30) days from and after the date of its adoption. This Ordinance shall expire one
year from the effective date and following its expiration, the provisions of Dublin Municipal Code
sections 8.84.040, 8.84.050.S and 8.96.020.D as they existed on the August 19, 2009 shall
become effective. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in
at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 20th day of July 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:IPA#120101PLPA-2010-00020 ZOA 8.84 and 8.961CC Ord Temp Mod.DOC
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G~~,~ OF Dp~~y I D QT ~~
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1``~,~~ STAFF REPORT C I T Y
` C~ ~ DUBLIN CIT C L E R K
`'~~I~R~`~ Y COUNCIL File # ^~~[]p _0~
DATE: June 22, 2010 T50 ~~
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . PLPA-2010-00021 Temporary Amendment to the Sign Regulations (Chapter 8.84) and
Permit Procedures (Chapter 8.96) of the Dublin Zoning Ordinance (Legislative).
Prepared By Erica Fraser, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider the extension of temporary modifications to Chapter 8.84, Sign
Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance which
contribute to the City's program to provide an economic stimulus to business owners in the
current economic climate. The modi~cations would be in effect for a period of one year, until
August 20, 2011. The City Council will also provide Staff with direction regarding permanent
modifications to the Temporary Promotional Banner regulations.
FINANCIAL IMPACT:
Staff estimates that the City Attorney's costs would be approximately $750 to complete the
permanent modifications to the Temporary Promotional Banner regulations.
RECOMMENDATION:
Staff recommends that the City Council: Conduct the Public Hearing, deliberate wai
. g
reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.84 re atine
to S~gn Regulations and Chapter 8.96 relating to Permit Procedures for a one-year eriod a
direct Staff to prepare permanent modifications related to Temporary Promotio al g' nd
regulations of the Zoning Ordinance. anner
, 1,
_ :~
Submitted By
Community Development Director
v`
eview
Assistant City Manager
COPIES TO: File
ATTACHMENT 2
G:IPA#120101PLPA-2010-00021 ZOA 8.84 and 8.961CCSR 6-22.doge 1 of 5
li ~~ i~
DESCRIPTION:
On July 21, 2009, the City Council adopted Ordinance 11-09 approving temporary amendments
to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Zoning
Ordinance. The temporary amendments were part of the City's program to provide an economic
stimulus to businesses and property owners in the City during the current economic climate.
The City Council requested that Staff bring back the temporary amendments to the City Council
prior to the expiration of the amendments to determine if the temporary modifications should be
extended past the initial one-year period. The temporary amendments approved by Ordinance
11-09 will expire on August 20, 2010. Staff recommends that the City Council allow the
temporary modifications to the Zoning Ordinance to be in effect for an additional one-year
period (until August 20, 2011).
ANALYSIS:
The proposed temporary modifications to the Zoning Ordinance are discussed below.
Siqn Requlations (Chapter 8 84~
Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning
Ordinance (Chapter 8.84). Section 8.84.050.S of the Zoning Ordinance includes regulations
related to the display of Promotional Banners which advertise special events, sales and
promotional needs of businesses. Several temporary modifications were enacted to provide
some relief from the permanent regulations in order to expand the advertising opportunities
available to businesses in the City.
The Zoning Ordinance currently regulates the time frame in which a Promotional Banner may
be displayed, the waiting period between Promotional Banner displays and the size of
Promotional Banners. These Regulations were temporarily modified in order to promote
businesses in Dublin. The temporary modifications increased the number of days Banners are
allowed to be displayed, reduced the waiting period between Banner displays and modified the
size requirements to allow greater flexibility in the design of Temporary Promotional Banners.
The following table illustrates the permanent and temporary (proposed) regulations for
Temporary Promotional Banners. The proposed modifications are the same as the temporary
modifications approved by the City Council in July of 2009. If the City Council does not adopt a
new Ordinance extending the temporary modifications, the proposed regulations shown below
will expire and the permanent regulations will then take effect on August 20, 2010.
Table 1: Temporary Promotional Banners - Permanent and Temporary Requlations
Permanent Regulation Temporary (Proposed)
Regulation
Display Period Maximum of 15 consecutive Maximum of 21 consecutive
calendar days calendar days
Waiting Period 30 days 21 days
Size Maximum of 30" tall x 24' long 60 square feet
Location Signs may not be located
Re uirement None
above the eave
Paqe 2 of 5
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Following the adoption of the temporary amendments to the Sign Ordinance, Staff has
observed that the number of applications for Temporary Promotional Banners has increased.
The following table illustrates the number of permits for Temporary Banners that have been
approved over the last three years. The temporary modifications took effect at the end of
August, 2009.
Table 2; Number of Tem ora Banner Permits A roved
Year Number of Permits Issued
2008 153
2009 166
2010* 84
'This time period reflects only the monfhs of January through fhe end of May
As shown on the table above, the number of permits issued for Temporary Promotional
Banners has been increasing each year. The increase in the number of permits reflects the
business community's need to effectively advertise their businesses and sales and the
temporary modifications aid these businesses in expanding their opportunities for displaying
temporary signage.
Based on this, Staff recommends that the City Council allow the temporary modifications to
continue for an additional one-year period. The proposed Amendments are included on Pages
8 and 9 of Attachment 3.
Due to the success of the modifications and benefit provided to businesses, Staff further
recommends that these modifications become permanent. However,
amendments described above would still need to be a the temporary
order to allow Staff to bring the permanent modificati nsrto he City Council at aIl late gdate
without a lapse in the regulations.
Staff is requesting that the City Council provide Staff with direction re ardin
modifications to the Temporary Promotional Banner regulations. If the City Cou nilpwould I ke
Staff to address the permanent amendments to the Sign Regu lations, Staff would:
^ Prepare a permanent Amendment to the Zoning Ordinance to establish revised criteria
for Temporary Promotional Banners;
• Perform the appropriate environmental review for the Zoning Ordinance Amendments;
and
^ Prepare Staff Reports for the Planning Commission and City Council.
It is estimated that Staff would spend approximately 8 hours preparing the proposed
amendments and related documents. The City Attorney estimates that they would spend
approximately 3 hours on the project.
Should the City Council desire to have Staff work on this Amendment, it would be added to the
City's 2010-2011 Goals and Objectives. Therefore, as part of the City Council direction, Staff
would request that this project be given a high, medium or low priority.
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Permit Procedures (Chapter 8 96)
Section 8.96.010.D of the Zoning Ordinance establishes the length of time a permit (typically
Conditional Use Permits and Site Development Review Permits) is valid and previously stated
that "construction or use shall commence within one 1
shall lapse and become null and void." The Zoning Ordinance al owsrApplipa ts to ar tl efo one
6-month extension prior to expiration of a permit. pp y
Today's economic climate continues to make it difficult for Developers to obtain financing prior
to expiration of their permits. Staff has continued to observe that Applicants are taking longer to
apply for Building Permits and the time extension for permits has benefited several projects by
keeping their Planning entitlements from expiring.
In order to continue to assist business owners and developers and to encourage them to stay in
the Planning process, Staff recommends that the City Council again approve the temporary
modification to Section 8.96.010.D to extend the effective period for Planning Permits for an
additional one-year period. Please refer to the table below for the previous (prior to August,
2009) and proposed regulations.
Table 3: Permit Expiration - Permanent and Temporary Regulations
Permanent Regulation I Temporary (Proposed)
Regulation
Permit Expiration ~ year from permit 2 years from permit
approval approval
Permit Extension 6 Months 6 Months
The proposed regulations would be effective for a period of one year. Once the Ordinance has
expired, the Zoning Ordinance will revert back to the permanent regulations. The proposed
Amendment is included on Pages 9 and 10 of Attachment 3.
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act
(CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code
(Zoning Ordinance) may have a significant effect on the environment.
PUBLIC NOTICING:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City.
CONCLUSION:
Staff is recommending that the City Counci! extend the temporary modifications to the Zoning
Ordinance for an addition one-year period to provide temporary relief from some of the
provisions of the Zoning Ordinance during the current economic climate. The proposed
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temporary modifications to the Sign Ordinance will expand advertising options available to
businesses. The proposed temporary modifications to Permit Procedures will increase the
effective period of Planning Permits and will allow business owners and developers additional
time to secure funding and commence their business or begin construction of their projects.
Staff is also requesting that the City Council provide Staff with direction regarding permanent
modifications to the Temporary Promotional Banner regulations.
ATTACHMENT: 1. Ordinance 11-09, amending the Dublin Municipal Code Chapter
8.84 relating to Sign Regulations and Chapter 8.96 relating to
Permit Procedures for a One Year Period.
2. City Council Staff Report dated July 7, 2009 (without
attachments).
3. Ordinance Amending the Dublin Municipal Code Chapter 8.84
Relating to Sign Regulations and Chapter 8.96 Relating to
Permit Procedures for a One-Year Period PLPA 2010-00021.
Pann ~ .,f ~