HomeMy WebLinkAbout7/18/1994 PC Agenda AGENDA
CITY OF DUBLIN
PLANNING COMMISSION
Regular Meeting - Dublin Civic Center Monday - 7 : 30 p.m.
100 Civic Plaza, Council Chambers July 18, 1994
1. CALL TO ORDER
2 . ROLL CALL
3 . PLEDGE OF ALLEGIANCE TO THE FLAG
4. ADDITIONS OR REVISIONS TO THE AGENDA
5. MINUTES OF PREVIOUS MEETINGS - July 5, 1994
6. ORAL COMMUNICATION - At this time, members of the audience are permitted
to address the Planning Commission on any item(s) of interest to the public;
however, no ACTION or DISCUSSION shall take place on any item which is NOT on
the Planning Commission Agenda. The Commission may respond briefly to
statements made or questions posed, or may request Staff to report back at a
future meeting concerning the matter. Furthermore, a member of the Planning
Commission may direct Staff to place a matter of business on a future agenda.
Any person may arrange with the Planning Director (no later than 11:00 a.m. ,
on the Tuesday preceding a regular meeting) to have an item of concern placed
on the agenda for the next regular meeting.
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8. 1 PA 93-062 City of Dublin Sign Ordinance Revision Project
proposal to amend the Zoning Ordinance pertaining to the
regulation of signs (continued from the 6/20/94 Planning
Commission meeting) .
9 . NEW OR UNFINISHED BUSINESS
10. OTHER BUSINESS (Commission/Staff Informational Only Reports)
11. ADJOURNMENT
(Over for Procedures Summary)
CITY OF DUBLIN
PLANNING COMMISSION
SUPPLEMENTAL AGENDA STATEMENT/STAFF REPORT
Meeting Date: July 18, 1994
TO: Planning Commission
FROM: Planning Staff
PREPARED BY: Dennis Carrington, Senior Planner
SUBJECT: PA 93-062 City of Dublin Sign Ordinance Revision
GENERAL INFORMATION:
PROJECT: The City of Dublin proposes to revise the Zoning
Ordinance relating to signs.
APPLICANT: City of Dublin
100 Civic Plaza
Dublin, CA 94568
APPLICABLE REGULATIONS:
ENVIRONMENTAL REVIEW: This project has been found to be Exempt from
CEQA under Section 15061 (b) (3) . The proposed project does not have
the potential to cause a significant effect on the environment.
NOTIFICATION: Pursuant to Section 65090 of the California Government
Code, public notice of the June 20, 1994 , hearing was published in the
local newspaper, and posted in three public places.
BACKGROUND
On June 20, 1994 , the Planning Commission continued PA 93-062 to
the July 18, 1994 , meeting to allow more time for Staff to meet with
the Sign Task Force to discuss revisions made to the Draft Sign
Ordinance. Staff and members of the Sign Task Force met on July 6,
1994 , and discussed the following issues:
V. Open House Signs.
XI . Non-conforming and illegal signs (grandfathering) .
XII . Signs placed on Vehicles.
The following is a review of the above-mentioned issues. This
review replaces the review of these issues in the June 20, 1994 , Staff
Report. Staff recommends that the Planning Commission hear the Staff
Presentation and take Public Testimony on each major issue separately
and make a motion on each issue. Staff further recommends that the
COPIES TO: Agenda/General Files
ITEM NO. gji Senior Planner
PAGE OF
•
•
Planning Commission consider the remaining major issues outlined in
, the June 20, 1994, Staff Report.
' ANALYSIS:
V. OPEN HOUSE SIGNS
The existing Sign Ordinance currently permits a maximum of four
"open house" signs for each property being sold. Such signage,
however, is not permitted to be placed within the public right-of-way,
such as on sidewalks, because of potential liability claims against
the City if someone were injured by such signage. This was identified
as a concern for real estate agents, as it presents a disparity
between Dublin's Open House Sign regulations and those of neighboring
cities.
A member of the Sign Task Force has suggested that the provisions
for real estate signs be modified to consider: 1) allowing "open
house" signs on generic "tour days", which has been known to change
from year to year, rather than specifically defining when they can be
displayed (i.e., from 10:00 a.m. to 1:00 p.m. Tuesday); and 2)
allowing "open house" signs on the sidewalk within the public right-
of-way, as long as they do not impede pedestrian, bicycle or
wheelchair/handicap circulation.
Proposed Section 8.08.50(K) , Open House Signs, would change the
existing ordinance in the following ways:
1. Open house signs would be permitted within the public right-
of-way only where they do not disrupt the normal flow of vehicle or
pedestrian traffic, block ingress or egress from any residence or
place of business, or restrict a sidewalk to less than 36 inches.
Signage may be placed in a landscaping strip between the roadway and
the sidewalk.
2. Signage is prohibited in public streets in addition to the
center divider strip and/or traffic islands in public streets.
3. Signs cannot be placed within a five foot radius of a call
box, fire hydrant or mail box.
4. No more than eight (8) open house signs shall be placed at
any intersection. No more than one (1) sign per property being
advertised may be placed at an intersection.
5. Signs cannot have additional tags, riders, streamers,
balloons or other attachments.
6. Open house signs will be permitted on holidays, Saturdays,
Sundays and one agent tour day each week from 10:00 a.m. through
sunsets
7. All organizations placing Open House Signs within the public
right-of-way must apply for and secure an Open House Sign Annual
Encroachment Permit from the Public Works Department. A Certificate
of Insurance naming the City as Certificate Holder and additional
insured must be provided by the Applicant to the satisfaction of the
Public Works Director, together with a bond in an amount and form to
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the satisfaction of the Public Works Director assuring timely removal
of such signs by the Applicant.
The Sign Task Force, at the July 6, 1994, meeting recommended
that the requirement for an Open House Sign Annual Encroachment Permit
be deleted from the Draft Ordinance. Their main concerns were:
1. That other cities do not have this requirement,
2. That other companies such as FEDEX and UPS have boxes in the
public right of way without an encroachment permit,
3. That out-of-town brokers will not know of this requirement,
and
4. That this requirement will be burdensome on the industry.
The Sign Task Force also recommended that the minimum restriction of a
sidewalk be 32 inches rather than 36 inches.
Staff recommends that the requirement for an Open House Sign
Annual Encroachment Permit be included in the Draft Sign Ordinance to
protect the City from potential litigation caused by Open House Signs
permitted on sidewalks. An encroachment permit would be granted if
the City were named in a Certificate of Insurance as insured and if a
bond were provided to insure timely removal of signs. Staff
recommends that the minimum restriction of a sidewalk be 32 inches as
proposed by the Sign Task Force.
Staff recommends that the Planning Commission recommend approval
of the proposed amendments to the Sign Ordinance relating to Open
House Signs as amended above.
XI. NON-CONFORMING SIGNS
No modifications are proposed to the existing Sign Ordinance
which would render any existing signs legally non-conforming. A legal
non-conforming sign is different than an illegal sign. A legal non-
conforming sign is one which was legal when installed, but by
subsequent regulation becomes no longer conforming. An illegal sign
is one that does not comply with the Sign Ordinance. A legal non-
conforming sign becomes an illegal sign if the sign is not brought
into compliance with the Sign Ordinance by the end of the amortization
period.
The Sign Task Force at the July 6, 1994, meeting recommended that
language be included in the Draft Sign Ordinance stating that all
existing non-conforming and illegal signs and any sign made non-
conforming by the proposed ordinance be determined to be legal as of
the date the ordinance is adopted. The "grandfathering" of these
signs would avoid penalizing existing businesses, avoid the long
process of requiring Site Development Reviews to allow already
existing signs to remain and would help to avoid an adversarial
relationship between the City with the business community.
Staff recommends that changes be made to the language in the June
20, 1994, Staff Report that would avoid making existing signs non-
conforming but still require illegal signs to conform to the
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PAGE ,3 OF-
ordinance. As such, "grandfathering" of existing illegal and non-
conforming signs would not be necessary. The proposed language is as
follows:
The first paragraph of Section 8.08.110(B) (1) .
"1. Area of Wall Signs. Each business or Tenant Space may have a
wall sign up to two and one-half (2.5) feet tall and ten (10) feet
wide with twenty-five (25) square feet in area. Structures greater
than eighteen (18) feet in height may have a wall sign up to three (3)
feet tall and fourteen (14) feet wide with forty-two (42) square feet
in area".
The third paragraph of Section 8.08.110(B) (1).
"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 unless exceeded through approval of a Master
Sian Program pursuant to Section 8.08.130."
There are two signs that are now illegal because the amortization
period of three years allowed under the ordinance has now expired
without the signs being brought into conformity.
The two existing illegal signs and the options for compliance
under the proposed sign ordinance are:
1. Corwood Carwash - 6973 Village Parkway. One double faced
freestanding sign located within the required front setback
which is 18.2 feet tall and with sign copy dimensions of
5' x 10' "All Cloth"; 3' diameter "76" logo and a 3' x 4.66'
fuel product price sign. The total sign area for the
freestanding sign is 70.98 square feet per side.
The current Sign Ordinance does not allow a sign of this
size and height to be located within the setback area. The
Sign Ordinance does permit, with an approved Site
Development Review, an alternate type of freestanding sign
to be located within the required setback areas and allows a
service station display structure with a price sign of 3
fuel products to have a maximum height of 8 feet and a total
sign area not to exceed 32 square feet per side.
The existing freestanding sign would need to be reduced in
both height (from 18.2 feet to 8 feet) and area (from 70.98
square feet to 32 square feet) to comply with the existing
Sign Ordinance provisions.
The business also has one menu-board sign mounted at a
height of 15 feet with a letter height of 4 feet, a length
of 28 feet, and a total sign area of 112 square feet. The
existing menu-board sign could be legalized with the
approval of Site Development Review.
4 PACE I .Of ,
PROPOSED SIGN ORDINANCE OPTIONS:
Proposed Section 8.08.120(D) would allow a freestanding sign
to be placed in the front yard setback. The sign could be
12 feet high and have an area of 25 square feet per side.
A Service Station Display Sign/Service Station Price Sign
with a combined area of 32 square feet per side could be
allowed instead.
The menu-board could be legalized by means of Site
Development Review.
A Master Sign Program pursuant to proposed Section 8.08.130
could be used to create an overall sign plan for the entire
complex.
2. Custom Fireplace Patio & BBO - 7111 Amador Plaza Road One
wall sign on the west building elevation with a height of
±3 feet, a length of ±39 feet and a total sign area of ±88
square feet. The existing Sign Ordinance allows a 1.75' x
24' sign with a total area of 42 square feet. Through the
Site Development Review process, a maximum sign area of 70
square feet (10% of the building wall) could be permitted.
PROPOSED SIGN ORDINANCE OPTIONS:
Proposed Sections 8.08.110 (B) (1), Area of Wall Signs, and
(B) (2) , Wall Signs on Buildings Distant From Street, would
allow a 93.75 square foot sign with a Site Development
Review and a 25% bonus because the sign is more than 100
feet from the street.
Staff recommends that the Planning Commission recommend approval
of the proposed amendments to the Sign Ordinance relating to Non-
Conforming Signs as amended above.
XII. SIGNS PLACED ON VEHICLES
The Planning Commission has previously indicated a concern
regarding signs placed on vehicles. Businesses currently use this
type of signage as a mechanism to gain additional advertising and
visibility from the street. The Sign Task Force recognizes the
difficulty in getting businesses to follow the current regulations but
wants to encourage stricter control regarding non-conforming signage
on vehicles.
The existing ordinance prohibits any sign affixed to any vehicle
or trailer located in a right-of-way or private property, unless the
vehicle or trailer is intended to be used in its normal business
capacity and not for the sole purpose of attracting people to a place
of business.
A Vehicular Sign is proposed to be defined as any sign
permanently affixed to an operable, driveable and currently registered
motor vehicle which is used in the normal course of business.
Proposed Section 8.08.140(L), Vehicular Signs, would require that an
operable, driveable and currently licensed vehicle with Vehicular Sign
5
PAGE 'S OF
affixed be parked on the property on which the business is located,
and as close as practical to the business it serves. The vehicle
shall not be used as a sign platform or for the sole purpose of
attracting people to a place of business.
The Sign Task Force at the July 6, 1994, meeting recommended that
the words "as close as practical to the business it serves" be
deleted. They felt that a business owner should be able to park a
vehicular sign away from the business to allow for convenient customer
parking.
Staff recommends that the "as close as practical..." language be
retained to encourage business owners to park "as close as practical"
to their businesses (while still allowing customer parking) and
therefore discourage the use of vehicles parked adjacent to the public
right-of-way for advertising purposes.
Staff recommends that the Planning Commission recommend approval
of the proposed amendments to the Sign Ordinance relating to Signs
Placed on Vehicles.
RECOMMENDATIONS:
Staff has proposed amendments to the Sign Ordinance based on
input it has received from the public, the Sign Task Force and the
Planning Commission.
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from the public.
3) Question Staff and the public. and either:
4a) Adopt Attachment 3 of the June 20, 1994, Staff Report,
resolution recommending City Council approval of the
Draft Sign Ordinance, or
4b) Provide Staff with direction relating to the Draft Sign
Ordinance Amendment for PA 93-062 and continue public
hearing.
ACTION: Staff recommends that the Planning Commission adopt
Attachment 3 of the June 20, 1994 Staff Report, resolution
recommending City Council approval of the Draft Sign
Ordinance.
ATTACHMENTS
Attachment 1: Pages in Draft Sign Ordinance with changes read into
the record at the June 20, 1994, public hearing and as
proposed in this Staff Report.
/93062SR6
6 PAGE OF 5.
.
6� Q 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.; and
612014
G. no sign shall be placed on a private or public right-of-way,
K. Open-House Signs. Open-House Signs are permitted subject to the
following special provisions:
1. A maximum of four (4) open-house signs are permitted for each
property being advertised for sale. Such signage shall not be
located within the public right-of-way (which includes, but is not
limited to, the sidewalk) where such signageendangers the safety
6�Z O1Cjy� of persons or propert disrupts the normal low of vehicle or
pedestrian traffic, b o ks views of such traffic, blocks ingress
into or egress from any residence or place of business, or
restricts a sidewalk to less than thirty-six (36) inches. 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.
3. Signage is not to be adhered or attached to any public sign post,
traffic signal or utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call
box, fire hydrant or mail box.
5. No more than eight (8) open-house signs shall be placed at any
intersection. No more than one (1) sign per property being
advertised may be placed at an intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or
other attachments.
7. The size of the sign shall not exceed four (4) square feet per
side, and the height shall not exceed three (3) feet above grade;
8. Open-house signs shall be permitted on holidays, Saturdays,
Sundays and one agent tour day each week from 10:00 a.m. through
sunset;
16 ATTACHMENT I
PAGE Z OF A
6. Number Of Building Frontages. Each business or tenant space may
be permitted a maximum of three (3) building frontages.
7. Frontage Allocation Not Transferable. In no case shall a sign or
sign area permitted on one frontage be transferred to another
frontage.
8. Use of Up to a Maximum of Three Legal Existing Sign Cabinets on a
Tenant Frontage. Up to a maximum of three legal existing sign
cabinets on a Tenant Frontage may be used by the tenant occupying
the suites behind the Tenant Frontage.
B. WALL SIGNS
1. Area Of Wall Signs. Each business or Tenant Space may have a wall
sign up to two and one-half (2.5) feet tall and ten (10) feet wide
.. J ( with twenty-five (25) square feet in area. Structures greater
V than eighteen (18) feet in height may have a wall sign up to three
(3) feet tall and fourteen� (14) feet wide with forty-two (42)
square feet in area. `
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 u to a maximum sign
1/19kiu size of one hundred fifty (150) square feet unless exceeded
1 vV 7 • through ap royal of a Master Sign Program pursuant to Section
8.08.130.
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 From 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 otherwise
permitted by right or by a Site Development Review by twenty-five
(25%) percent.
3. Wall Signs Parallel To Building Face. Attached wall signs shall
be parallel with the building face.
4. Wall 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 an
Administrative Conditional Use 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.
21
PACFL OF c1
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), mail box 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.
G. Murals/Artwork. Murals 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.
H. Official Public Signs. Official Public Signs.
I. On-Site Temporary For Sale Or Lease Signs. All On-Site Temporary For
Sale or Lease Signs 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;171 014 L{ 4. state that the property is for sale, lease or}�
exchange by the
�--^' owner or his or her agent an the name and phonel number of the
owner or agent and/or agency
5. be constructed of wood, plywood, metal or other rigid material;
02.0(4
and
OZo� � 6. not be placed on a private or public right-of-wayJ
J. Private Recreational Signs. Signs which are within private recreational
property and which cannot be seen from a public street or adjacent
properties.
K. Temporary Political Signs. Temporary political signs provided they
shall:
1. Be removed within 10 calendar days following the election; and
2. Be placed on private property; and
3. Be no more than eight (8) square feet per side in area per
individual sign and up to eighty (80) square feet of maximum
aggregate area per lot; and
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.
25
PACE. or. q
1
old in heritage - new in ideas
u in
Chamber of Commerce July 14, 1994
Mr. Lee North, Chairman
Members of the Planning Commission
City of Dublin
P. 0. Box 2340
Dublin, California 94568
Dear Mr. North & Fellow Commissioners:
Members of the Dublin Business Community have volunteered their time over
the past several months to work with the City of Dublin on revising and
re-writing the current City Sign Ordinance.
Although much progress has been made, there are three areas of concern
Members of the Task Force feel Planning Staff needs to address more
thoroughly. Attached please find comments from Task Force Members regarding
the three areas of concern: Grandfathering, Automobile Dealerships and
Open House Realtor Signs.
We would appreciate the Planning Commission reviewing our concerns in these
areas and working with the Task Force Members to resolve our differences.
Yours very truly,
Don Johnson Maureen Nokes Les Jones
The Imprint Works Hometown Brokers Crown Chevrolet
Better Homes & Gardens
idqt4 PC
7080 Donlon Way.Suite 110 • Dublin,California 94568 • (510)828-6200 • FAX(510)828-4247
Re: Non-Conforming and Illegal Signs
A legal non-conforming sign is one which was legal when installed, but by
subsequent regulations becomes no longer conforming.
An illegal sign is one that does not comply with the current sign ordinance.
A legal non-conforming sign becomes an illegal sign if the sign is not brought
into coin lTance with the current or new sign ordinance by the end of the
amortization period. (Sec. 8.08.220E with extension 3 years)
Under the new sign ordinance many of the businesses current signs will be
legal non-conforming, then illegal after the amortization period. (Example:
World of Shoes, see attached).
The Sign Task Force has suggested that all existing signs (non-conforming or
illegal) be "grandfathered" until the business owner requests a change. The
grandfathering of all signs will create good will between the Dublin business
community and the city staff and also will eliminate the cost of SDR Sign
Site Development Review and/or sign replacement.
Re: Automobile Dealership Signs and the Dublin Sign Ordinance
Automobile dealership signs were selected as a main focus of a new sign
ordinance and I feel the draft of the sign ordinance tries to side step the
entire issue. The auto dealership signs are not adequately addressed in
Section VII, Page 9 of the draft ordinance.
I feel the proposed master sign program does little to establish what a
dealership may use in the way of signs, their size, height, quantity and position.
Auto dealers, because of franchise requirements, cannot in many instances put
put different nameplates of automobiles on the same sign. We have four franchises,
but are allowed only two signs on a piece of property of eight acres in size.
I believe car dealerships, because of their nature of being large parcels require
special consideration for signage to help attract the auto buyer.
In the Task Force meetings, City Staff led us to believe they understand our views,
however the draft does little to change the old ordinance. Staff is obviously
trying to avoid the entire issue with the vague reponse in Secion VII.
I am personally very disappointed with the draft and feel it does little to
reflect the direction and the spirit the Sign Task Force intended the new
ordinance to take.
Si cerel
Les Jon
Sign Task Force Member
Crown Chevrolet, Buick, Geo, Isuzu
Re: A-Frame Directional Signs (i.e.Open House Signs)
As a clarification to information presented by Dublin Planning staff at the June 20, 1994
Dublin Planning Commission meeting,the Dublin Sign Task Force Committee asked for a
copy of the California Civil Code forbidding temporary signage on sidewalks. Dennis
Carrington,City Planner,commented,in a conversation with Maureen Nokes,Task Force
member,that there was apparently,a misunderstanding and that no such restrictions were
contained in the code. (Copy of code attached.)
On July 8, 1994 the Sign Task Force met to discuss the changes and additions staff had
made to the draft of the Sign Ordinance between the Task Force/Staff meeting on April
21, 1994 and the Planning meeting of June 20, 1994.
Upon receipt of the draft, 4 days before the June 20 meeting, it was determined in a
hurried telephone poll of the Task Force members that the changes and additions so
significantly changed the Sign Ordinance as to make it impossible to proceed with the
presentation that evening. The Commissioners and Staff agreed to reschedule and a
meeting was set for July 6, 1994 between the Task Force and Staff.
With regards to the Open House Sign portion of the Proposed Ordinance on pages 16 and
17 the following provisions were added by Staff with no discussion or comment requested
of the Task Force.
K. 9. All organizations placing Open House Signs within the public right-of-way shall apply
for and secure an Open House Sign Annual Encroachment Permit from the Public Works
Department. A Certificate of Insurance naming the City as Certificate Holder and additional
insured shall be provided by the Applicant to the satisfaction of the Public Works Director together
with a bond in an amount and form to the satisfaction of the Public Works Director assuring timely
removal of such signs by the Applicant.
10. As a condition of an Open House Sign Annual Encroachment Permit,the Applicant shall
agree to pay 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 pursuant to an Open House
Sign Annual Encroachment Permit shall be forfeited.
At the July 6,1994 the following comments were made:
1) That these additions to the ordinance had never been placed before the Task Force
for discussion.
2) It was at the suggestion of the Public Works Director,that the addition was made,
later to be endorsed by the city attorney.
3) That the issue was mainly one of perceived liability on the part of the city.
4) Staff is unaware of any other city in the state of California with a similar provision
in their sign ordinance.
5) When asked how permitted signs would be recognized from those not permitted,it
was suggested by Staff that permitted signs might have a sticker(dated,similar to a yearly
car registration). The enforcement agency(as yet undetermined)would locate, confirm
current date,and allow conforming signs to remain.
6) Dublin Staff surveyed both Pleasanton and Livermore city planning staffs who
replied that they allow signs on the sidewalks with no restrictions and that have not seen
nor have they had the need to address the liability question. (Scott Erickson,Pleasanton
City Planner,in a conversation with M.Nokes,confirmed the above position.)
The Sign Task Force had the following comments:
1) If it is truly a liability problem then there are other situations that need to be
addressed.
a) Garage sale or For Sale by Owner signs placed on sidewalk or public right-of-
way. How does the City plan to notify all Dublin residents of their obligation to
obtain an Encroachment Permit and provide a Certificate of Insurance?
b) How will the City address the permanent obstructions now found on city side-
walks,such as U.S.mail boxes,Fed Express boxes,newspaper stands?
2) Is the City planning to hire additional staff to process the permit paperwork in a
timely manner?
3) Is the City planning to hire additional staff to work weekends to'enforce'the ord-
inance?
4) That this provision will be viewed by many as an attempt to generate revenue by
the City of Dublin when,most likely,it will do nothing more than add additional burden
and expense upon the City.
5) That the original intent and purpose for the revision of the sign ordinance,was to
help our businesses in these uncertain economic times,not to discourage them from doing
business in Dublin.
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Law Review Commentaries (Amended by St
Review of selected 1990 California k¢ialrdoo. 22 Pec. Review of adected 1992 Ceifonda legislation 14 Pao ! 1 1.)
L.J.a82(1994 - L.J.979(1999).
1 718. Local regulations; signs advertising property for sale,lease or exchange ,. 1999 Ledeletia
tg Notwithstanding any provision of any ordinance,an owner of real property or his or her agent may The 1990 amend
dlaplgv or have displayed on the owner's real property,and on real property owned by others with°•• I ibsosetted anspaded d no
their content, • •.• a1�ta which are reasonably locate,in plain view of the publk
reaaonsble dimensions and design,I 0 do not adversely affect public safety,Including traffic safety,as peers'
determined by the city,county,or city and county,advertising the following:
she
()That the property is for sale,lease,or exchange by the owner or his or her agent.
•
()2 Direction;to the property. '
ge The owner's or agent's name. I. Reasonable r
• Home assoast
The awaer'e or agent's addleen and telephone number. shla} hemeceme
(b)Nothing in this section thefts any authority which a person or local governmental entity,m6Y-have solar units peron
i to It or regulate the display or placement of a sign on a private or public right-of-way.
(Amended by State.1988,e.51,4 2; 8tats,1990,c.1282(A.B.949),1 2;Stats.1992,a 7T8(8.B.1474),4 2.) 1 714.1, Soles
Historical and Statutory Notes I fie
1988 Amendment. Added"end design"to the intro- eob&tb)relating to direction'to property; added the .
factory clinic and made other,nonaubetantive,change. authority;
so�(�tl vs�Ning to�•4 ttom n provisions whf
Plotwithatan
to neutralise gender references.
199e Legislation 1992 legislation (a)Restrict
The 1990 amendment,in the Ors;paragraph,inserted The ite➢r amendment Wetted"led do not sdrersdY 1851,to those
_. 'tall,it•erso .con a"l property owned by smther effect public safety,Inducting traffic aeGty,'in the intro. (b)Require
with that puaini comma",inserted.4 1."l reason.*"or claim of eubd.(a); and rods other'noamb-
beste4 to plain view of the pd'th and L", "; ima &tootles c YS0clati0n fo
sites and oovoty^,and lnssrted`the following"; (naarted etanti.e changes throughout (e)Provide
Law Review Commentaries (d)Require
Review of selected 1990 California legislation EE Pen Review of sselectid 199g California iegtelatioe. rA Pie Imembers LJ.sag(1991). L.J.979(Mal. . by St
1 714. Solar energy systems; installation or use; invalidity and unenforceability of instruments 1 7146 Sur
affecting real property; exception'; delay; penalty; attorney';feel L. t„r
(q Any covenant,restriction,or condition contained in any deed,contract security Lestrument,or
tx agar instrument affecting the transfer or sale of,or any interest in,,real
which f ro:thoe•
prohibits or restricts the Installation or see of a solar energy aye ti void d The covers
bL This section shall not apply to provisions which impose reasonable roetrlctlons on solar energy lease,rent,t
systems. However,It is the policy of the state to promote and encourage the use of tear energy eysl a property is c
noble restrictions on a eoler energy system,are those or modules I
and toieons w ieht dooe thereto. ca Accordingly,reath decreMe Ms reeeVlcitoty which not significantly Increase the cost of the system or significantly '.tia to
ditclency or specified performance, or which allow for an alternative system of,tompanble met, „management
efficiency.and energy conservation benefits. This seed
(e)For the porpoise of this section,"solar energy system"has the same meaning as in Section
defined 801.5. adopted on
by
d Whenever a royal it re aired for the Installation or use of a solar one r system tie a ilcation { (Added
fors a nowise ant a rov tea ro rate rove emit m same manner as
Addition In text are indleated by underline;desetiona by estertsis•••
14
DRAFT LANGUAGE TO GRANDFATHER SIGNS
9
Section 8.08.210 (/)
All illegal and non-conforming signs existing in the City of Dublin as of the
effective date of this ordinance, including any signs made non-conforming by this
ordinance, shall be considered to be legal non-conforming signs.
ot-c, o� -1 I1►Fli
7 PL "-' 1