HomeMy WebLinkAboutOrd 11-09 MuniCode Sign RegORDINANCE NO. 11 - 09
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 AONE-
YEARPERIOD
ZOA 09-001
WHEREAS, at the request of the City Council, Staff has reviewed the Zoning Ordinance for ways
to provide a stimulus to businesses and property owners in the City during the current economic climate;
and
WHEREAS, the City Council has identified temporary modifications to Chapter 8.84, Sign
Regulations, and Chapter 8.96, Permit Procedures, of the Zoning Ordinance which will provide assistance
to business and property owners during the current economic climate; and
WHEREAS, the proposed modifications would be in effect for a period of one year from the
effective date of the Ordinance adopted by the City Council; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this Project
on May 26, 2009 and adopted Resolution 09-24 recommending that the City Council approve temporary
modifications to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on July 7, 2009; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.OSO.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
itself, 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.
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 1 of 9
SECTION 2.
Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby
amended as follows:
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
Sign Approvals and Decisionmaker Authority by Zoning District*
Si n T e A R-1, R-2, R-M C-N C-O C-1 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
Communi ID X ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP PC CUP PC CUP PC CUP PC CUP PC
Freestandin 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 X X ZC ZC ZC ZC ZC
Off-Site Residential
Develo ment Directional BP BP BP BP BP BP 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 Sin X X ZC X ZC ZC ZC
S ecial Easement E X ZC ZC ZC ZC ZC
Temporary Promotional (21
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 X X BP BP BP BP BP
Notes for Matrix A:
E Business Signs not exceeding an area of ten (10) squaze 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 squaze feet on a sib is allowed with a Site
Ord. No. 11-09, Adopted '7-21-09, Item 4.4 Page 2 of 9
Development Review.
*** Only Temporary Banners, not exceeding l~squaze feet, aze allowed for apartment communities (see Section 8.84.020.B for definition). All other
temporary promotional signs aze not allowed in this zoning distict.
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 3.
Section 8.84.040 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby
amended as follows:
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
Sign Development Regulations **
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional
Section No. Number of Height side Requirements * Regulations *
si s ins . 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 to or tenant inches. More
8.84.OSO.A frontage as maximum of 150 sq. frontage with than 36 inches
permitted by ft. (with SDR, maximum of with SDR
Sec. 8.84.110 1.5/lineal ft. to max of three frontages. Max. sign length
B.4. 250 sq. ft.); 25% 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 on-
Sec. line; Must meet site church, school,
8.84.OSO.B all other yard community center,
requirements. park, hospital or
institutional
buildin .
Coming Soon 2 8 ft. 32 sq. ft. On construction Opening date, May only be
Sec. site. architect, engineer, placed during
8.84.OSO.C contractor, future time period
business, or lender. between building
permit and final
occu anc .
Community 1 20 ft. 120 sq. ft. Service club names Illumination shall
ID and emblems and not be
Sec. community slogans intermittent;
8.84.OSO.D Means of 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
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 3 of 9
Sign Type , Maximum Maximum Maximum Location Copy Restrictions Additional
Section No. Number of Height Area per side Requirements * * Regulations
si ns ins . ft.
Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 if Per Sec. 8.84.110
Readerboard 8.84.110 if 8.84.110 if 8.84.110 if wall 8.84.110 if wall wall sign; 8.84.120 if wall sign;
Sec. 8.84.050.E wall sign; wall sign; sign; 8.84.120 sign; 8.84.120 if if freestanding 8.84.120 if
8.84.120 if 8.84.120 if if freestanding freestanding sign. freestanding sign.
free- freestanding sign. sign.
standing sign.
si n.
Freestanding 1 per parcel; 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have
20' or less in 2 or more property side at appropriate building address or minimum
height; with Master line; May be property line; dimension; Not address range. clearance of 14
Freestanding Sign increased .5 May increase closer than 50 feet if
greater than Program. ft. for every 2.5 sq. feet per feet from R-O- overhanging
20' in height. 1 ft. the sign side for each 1 W of Interstate vehicular way;
Sec. 8.84.120. is set back ft. sign is set Highway; Must not project
from the back from Permitted into a public
nearest street nearest street within required right-of--way.
frontage frontage yards; At one
property line property line. or more main
up to a Maximum of entrances with
maximum of 150 sq. ft. Master Sign
20 ft.; Up to Program.
35 ft. with
SDR
Grand- 1 No limit. No limit. Must be Only effective
Opening displayed on within 60 days of
Sec. 8.84.OSO.G the site on initial occupancy;
which grand- 30-day maximum.
opening will
occur.
Identification 1 6 ft. 24 sq. ft. with None. Name and/or use of Means of support
Sec. 8.84.OSO.H Zoning building. shall be
Clearance; concealed.
36 sq. ft. with
SDR
Office Building 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum
Master ID building, parcel frontage
Sec. 8.84.OSO.I institutional use required; Means
and address of 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
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 4 of 9
Sign Type Maximum Maximum Maximum Location Copy Restrictions Additional
Section No. Number of Height Area per side Requirements * * Regulations
si ns ins . 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
Development of of of Community Community Community
Directional Community Community Community Development Development Development
Sec. Development Development Development
8.84.OSO.J
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, plywood,
lease Up to 2 per of advertised and/or agency. metal or other
Sec. parcel. premises w/o rigid material.
8.84.OSO.K direct access to
ublic road.
Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk and Not attached to
Sec. 4 per landscaping strip any public sign,
8.84.050.E property; but cannot post, traffic
Up to 8 per disrupt normal signal or utility
inter-section. vehicular flow, pole; No
One per block views, additional tags,
property block ingress or riders,
being egress to any streamers,
advertised at residence or balloons or other
a given business, or attachments;
intersection restrict a Permitted on
sidewalk to less Holidays,
than 32 inches. Saturdays and
Prohibited in Sundays and one
center divider or agent tour day
traffic islands of each week from
public streets; 10:00 a.m. to
Cannot be sunset.
within 5 ft.
radius of a call
box, fire hydrant
or mail box.
Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical
Shingle canopy over a clearance;
Sec. sidewalk directly Perpendicular to
8.84.OSO.M in front of the business building
door of the wall.
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
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 5 of 9
Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. ft. Requirements * * Regulations
si ns
Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in good
Banner MSP/SDR center, business or condition;
Sec. logo. Subject to semi-
8.84.OSO.N 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 (C)
Sec. business. May be be increased front wall of
8.84.OSO.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.OSO.Q landscape
lanter
Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be
Station Price fuel products; 24 frontage. combined with
Signs sq. ft for 4 fuel Service Station
Sec. products. Display
8.84.OSO.R Structure.
Special 1 4 ft. 24 sq. ft. Within Name of business In-lieu of
Easement immediate and/or center. Freestanding
Sec. vicinity of the Sign; Business
8.84.050.5 business the sign located on parcel
advertises. w/o direct access
or frontage on
improved ROW;
must be
connected by
roadway/access
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
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 6 of 9
Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. ft. Requirements * * Regulations
si s
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of 21
Promotional Clearance. Clearance. Clearance. which business is Clearance. consecutive
Sec. 8.84.050. located and shall calendar days
S not be located so per permit; 21
Banner signs that the sign is consecutive
shall not be higher than the calendar day
larger than 60 eave of the waiting period
square feet structure in between permits.
which the
business is
Temporary located. Temporary
Temporary One (1) Banner for Banners for
Promotional Apartment Apartment
Banner for Communities Communities
Apartment which shall not shall be allowed
Sec. exceed 12 square 10 consecutive
8.84.OSO.S feet 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.OSO.U
Wall 1 per 2 ft. 6 in. 1 sq. ft. per 1 per business or N/A May project 12
Sec. business or lineal ft. of tenant frontage inches, 30 inches
8.84.110V tenant Tenant Frontage with maximum w/ SDR Max.
frontage to maximum of of three sign length 24 ft.
Rev. Ord 20- with 150 sq. ft. (with frontages.
06 (November maximum of SDR,1.5/lineal
2006) three ft. to max of 250
frontages sq. ft.); 25%
bonus if tenant
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.OSO.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
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 7 of 9
CF.f Ti(1N d
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:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning
Clearance 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 twenty-
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 in size and the sign shall not be located so that the sign 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:
D. Permit Expiration. Notwithstanding any conditions of approval of permits approved prior to the
effective date of Ordinance No. 11-09, construction or use shall commence within two (2) years of
Permit approval, or the Permit shall lapse and become null and void. Commencement of
construction or use means the actual construction or use 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.
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 8 of 9
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.
CF.(''TT(1N 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.OSO.S
and 8.96.020.D as they existed on the day preceding the effective date of this ordinance 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 this 21St day of July 2009, by the following vote:
AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Vice Mayor Hildenbrand
ABSTAIN: None
if ,
lJ ~--
Mayor
ATTEST:
~~
City Clerk
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 9 of 9