HomeMy WebLinkAbout6.2 ApartmentTempSigns 'CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 4, 2003
SUBJECT: Report on Apartment Temporary Signage. Report Prepared by: ~
Andy Byde, Senior Planner
ATTACHMENTS:
1. Ordinance amending the Dublin Municipal Code.
2. City Council Minutes from October 1, 2002;
3. January 14, 2003, Planning Commission Resolution 03-01
Recommending City Council Approval of an Amendment
Chapter 8.84, Sign Regulations of The Municipal Code.
RECOMMENDATION:
d,i. Open Public Hearing and receive Staff presentation;
~~ 2. Staff;
,~ Question
3. Take testimony from the Public;
4. Close Public Hearing and deliberate;
5. Waive the reading and introduce the Ordinance (Attachment
1) to amend the Dublin Municipal Code.
FINANCIAL STATEMENT: No financial impact.
BACKGROUND:
At the October 1, 2002, City Council meeting, the City Council directed Staff to meet with the owners and
managers of the apartment communities within the City, to discuss the current sign regulations in respect to
temporary signage and bring this issue back to the City Council for direction.
Currently, .the City Zoning Ordinance (Sign Regulations-Section 8.84.030) does not permit temporary
banners for any uses within a residential zoning district, including apartment communities. Temporary
banners are allowed for business within commercial zoning districts for a period of 15-days through the
approval of a zoning clearance, which consists of an over the counter permit and a $25 fee (the banner then
must be down for 30-days before reapptying for a new zoning clearance). The maximum allowed size for
temporary banners is 30" wide by 24 feet long (60 square feet). Additionally, apartments (and other not for
sale housing) are not allowed to utilize off-site open-house signs, as are for-sale housing (Section 8.84.050).
Staff met with the apartment owners and managers of apartment projects to discuss their concerns with the
existing sign regulations and also discussed options for changing the ordinance.
City Council Direction:
At the December 3, 2002, City Council meeting, the Council listened to the concerns of the owners and
managers of the apartment communities and evaluated the adjacent cities and regulations they impose on
COPIES TO: Apartment Owners/Managers
ITEM NO. ~
G:~PA#~2002\02-060\CC Staff Report for direction.doc / ~ ~
temporary banners for apartment communities. The City Council directed Staff to prepare an ordinance that
modified the Sign Ordinance to be consistent with the City of San Ramon, in respect to temporary banners
for apartment communities. Listed below is a table of adjacent cities their regulations in respect to
temporary banners for apartment communities:
Allow
Ci~_ Banner How Large How Long
Danville Yes 20 sq ft 15-day consecutive (45-day max per year)
< 1 ac=4 sq ft;
> 1 ac-9.9ac=32 sq
ft; 10+ac= 128 sq
Livermore Yes ft 30-days per quarter
Pleasanton No N/A N/A
San Ramon Yes 12 sq ft 90-days per year
5-days consecutive (4-times per year for a total of 20-
Walnut Creek Yes Not regulated clays)
Specifically, the City Council discussed the appropriate square footage and duration for temporary banners
and directed Staff to prepare an ordinance which would limit temporary banners to 12-square feet maximum
with the duration limit of 15-days up and 45-days down which equates to 90-days per year which utilizes the
same zoning clearance requirement and $25-fee for the banner permits. In addition, the City Council
directed Staff to evaluate amending the Zoning Ordinance to allow vacancy/no vacancy sign additions to
Apartment Communities' monument sign. Staff has evaluated the existing Ordinance and the existing
Ordinance allows additions to monuments either by a slot (vacancy/no vacancy sign inserted) or hooks
(vacancy/no vacancy sign hung from the bottom). Additions to existing monuments signs are consistent with
the existing Ordinance, as long as the addition to the monument sign is of a permanent nature and not made
of fabric, therefore Staff does not recommend an amendment to the Ordinance.
Planning Commission Recommendation:
On January 14, 2003, the Planning Commission adopted a Resolution (No. 03-01, Attachment 3)
recommending that the City Council adopt the ordinance to amend the Dublin Municipal Code as
proposed in Attachment 1. The Planning Commission agenda report and Resolution are contained in
Attachment 3.
ENVIRONMENTAL REVIEW:
The proposed change to the Municipal Code listed above would not create environmental impacts. These
changes are also exempt from CEQA because it can be seen with certainty that there is no possibility that
such amendments would have a significant effect on the environment (CEQA Guidelines, Section
15061(b)(3)).
CONCLUSION:
The City Council directed Staff to prepare an ordinance which allows allow temporary banners for
apartment communities not exceeding 12-square feet in size and with the duration of 15-days up and 45-
days down. The Planning Commission heard the proposed amendment to the Sign Regulotions ~and
recommended that the City Council approve the change to the Sign Regulations, therefore Staff
recommends that the City Council, open the Public Hearing and receive Staff presentation close the Public
Hearing, deliberate and waive the reading and introduce the Ordinance (Attachment 1) to amend the
Dublin Municipal Code and continue the Public Hearing to the February 25, 2003, City Council meeting.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.84 SIGN REGULATIONS (ZONING ORDINANCE)
PA 02-060
WHEREAS, the City of Dublin has determined that the Sign Regulations of the Dublin
Municipal Code (Chapter 8.84) must be revised to more effectively regulate development within the
City; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance was exempt from CEQA. Various changes to the
Municipal Code listed above would also not create enviromnental impacts. These changes are also
exempt from CEQA because it can be seen with certainty that there is no possibility that such amendments
would have a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)); and
WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project
on January 14, 2003, and did adopt Resolution 03-01 recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on February 4, 2003;
and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Ordinance Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Ordinance Amendment is 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 Council of the City of Dublin does ordain as follows:
Section 1.
Section 8.84.040~ Matrix A, Sign Development Regulations, Temporary Promotional, of the Dublin
Municipal Code is amended to read as follows:
MATRIX A
SIGN APPROVALS AND DECISIONMAKER AUTHORITY BY ZONING DISTRICT *
Sign Type A R-l, R-2, R- C-N C-O C-1 C-2 M-P, M-l, M-2
M
Awning E X BP BP BP BP BP
Bulletin Board BP BP BP BP BP BP BP
Coming Soon X X BP BP BP BP BP
Community 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 E X ZC X BP BP BP
ht.
ATTACHMENT 1
Freestanding greater than X X X X SDR SDR SDR
20' in height
Grand-Op~ning 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 Building Master ID X X ZC ZC ZC ZC ZC
Off-Site Residential BP BP BP BP BP BP BP
Development Directional
Off-Site Temporary For Sale Z X ZC ZC ZC ZC ZC
or Lease
Open-House X Permitted X X X X X
Permanent Banner Sign X X X X SDR(ZA) SDR(ZA) SDR(ZA)
Projecting Z X BP BP BP BP BP
Service Station Display X X ZC X ZC ZC ZC
Structure
Service Station Price Sign X X ZC X ZC ZC ZC
Special Easement Z X ZC ZC ZC ZC ZC
Temporary Promotional (15- X ~XC *** ZC ZC ZC ZC ZC I
Day)
Tenant Directory X X BP BP BP BP BP
Wall Z X BP BP BP BP BP
Window X X BP BP BP BP BP
Notes for Matrix A:
2; Business Signs not exceeding an area often (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 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 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 tbr apartment communities, which consist of 10-
apartment units on the same lot, which are ~br rent only, see section 8.84.050.T. All other temporal, promotional signs are
not allowed 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.
Section 2.
Section 8.84.040~ Matrix B, Sign Development Regulations, Temporary Promotional, of the Dublin
Municipal Code is amended to read as follows:
2
"Sign Type Maximum Maximum Maximum Location Copy Additional
Section No. Number of Height Area per side Requirements Restrictions * Regulations *
signs in sq. ft. *
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of
Promotional Clearance. Clearance. Clearance. which business Clearance. 15~consecutive
Sec. 8.84.050.T Banner signs is located, calendar days
shall not be per permit; 30
larger than 30 consecutive
inches by 24 calendar day
feet. waiting period
between
Tempm'ary One (l) Temlmrary permits.
Promotional Banner for
Sec. Apartment Temporary
8.84.050.T: Communities Banners for
Temporary which shall Apartment
Banner for not exceed 12 Communities
Apartment square feet. shall be
allowed 15
consecutive
calendar days
per permit; 45
consecutive
calendar day
waiting period
between
permits.
Section 3.
Section 8.84.050.T~ Temporary Promotional Signs, of the Dublin Municipal Code is amended to read
as follows:
"T. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a
Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of thirty (30) consecutive calendar days between permits is required, with the exception
of temporary banners for apartment communities and balloons as defined herein. A Banner
Sign shall not be larger than 30 inches by 24 feet in size:
One ( 1 ) tern.porto3_,~ banner for apartment communities is permitted pursuant to a Zonim2
Clearance and may be placed on site for a maximum of fifteen (15) consecutive calendar
days_ per permit ~'~,h~.n~ used for special promotional events or needs. A minimum waiting
.period of forty-five (45) consecutive calendar d.ays between permits is required. A
te:mpo:ra~3~ banner sign ~br apartment communities shall not be larger than t 2-square feet. An
apartment community' is defined as a minimum of 1 O-apartment units located on the same
lot, which is ~br rent only.
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
3
calendar year. Zoning clearance(s) may be issued for periods less than 15 days."
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN
on this __ day of__, 2003, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
G:~PA#L2002\02-060\ORD-strikeout-underline 2.DOC
4
City Attorney Silver explained that for public works contracts we have to follow state
provisions and go to lowest responsible bidder. The City Council adopted a purchasing
Ordinance which applies to purchase of goods and contracts for services which are not
public works projects. Basically, it is similar to state law, which says it should be
awarded to the lowest responsible bidder.
City Manager Ambrose stated there are exceptions to the Purchasing Ordinance, but this
does not fall under one of the exceptions such as specific designs, etc. Previous City
Councils had discussions about local preference and this was when we included sales
tax as part of the award. We adjust bids received from Dublin businesses to indicate the
1% sales tax that we receive.
Cm. Oravetz stated he would also like to see us buy local.
Cm. Zika pointed out they have a responsibility to see that taxpayer money is wisely
spent.
On motion of Cm. McCormick, seconded by Cm. Zika, and by majority vote, the Council
awarded the purchase order of $21,310.77 to Toyota Walnut Creek. Cm. Oravetz voted
in opposition to the motion.
REPORT ON APARTMENT TEMPORARY SIGNAGE
8:30 p.m. 7.3 (400-30)
Senior Planner Andy Byde presented the Staff Report, which was an informational report
concerning existing regulations related to apartment temporary signage and also
reported on the discussions with apartment owners and'managers on the subject of
temporary signage for apartment communities.
Mr. Byde also discussed adjacent cities and temporary banner regulations.
Mr. Byde advised that ff the City Council determines that modifications should be made
to the existing Sign Ordinance, Staff will prepare an agenda statement and Ordinance
and bring them before the Planning Commission for review and will then return to the
City Council for two public hearings. The new Ordinance would then be in effect 30
days after adoption.
CITY COUNCIL MINUT£S
VOLUME 2 I
DecemBer 3, 2002
Mayor Lockhart asked him to address the comment that some places in the community
have special permits.
Mr. Byde stated under the sign ordinance an applicant can request a master signage
plan. In researching this~ we found there were no apartments that had master signage
plans allowing temporary banners. Once we discovered this, we no longer issue
permits. Any banners up are illegal.
Timothy May, Executive Director of the Rental Housing Association, offered
congratulations to those re~elected, and thanked the City Council for sending this back
to Staff. He thanked Staff for the great job they did in discussing this with apartment
owners. Dublin has one of the lowest occupancy rates in the Valley; lower than
Pleasanton or Livermore. They believe that because the signage Ordinance in Dublin is
so restrictive, they are finding it very difficult to bring their volume back up to what they
feel is acceptable; 05% is a great equilibrium. We are not selling widgets here. Banners
are one of the primary uses for advertising in their industry. One of the most crucial
ways they contact their customers is when they are driwing through the neighborhood
and see banners and stop. He agreed that banners should be used within boundaries
established by City. Use wisdom to make sure there is flexibility to accommodate areas
that have different needs. Please consider fact that there is a real need to promote and
provide flexibility. Assured City Council that apartment community is not interested in
creating apartment graffiti. He gave his phone number as (510) 557~0540.
Mayor Lockhart asked how do you equate the fact that Pleasanton allows no banners.
Mr. May stated in spite of this, we have a greater vacancy rate. The price has a lot to do
with it, obviously. The need is also a factor. A lot of other communities have a slow
growth approach. People coming into this community need to find housing.
Cm. McCormick asked about vacancy rates in general in the industry. Is it uncommon
to have a full house all the time? A sign could go up and stay up all the time, as
vacancies occur.
Mr. May clarified vacancy/occupancy rates. At 95% occupancy, rates will stabil/ze.
Cm. McCormick asked if with a 95% occupancy, a sign would ideally stay up all the
time.
Mr. May stated not necessarily. They would operate within the guidelines established.
There is a need to promote that apartment to people looking for a place to live. This is
not something that his industry has actually had to address in a long long time.
CITY COUNCIL MINUTES
VOLUME 9.1
REGULAR MEETING
December 3, 2002
PAGE 609
Cm. Sbranti asked about vacancy rates over the last few quarters. Numerically how
have vacancy rates shifted?
Mr. May stated occupancy has declined slightly in Dublin, when you factor in new
properties which have come on line. When you compare this with what has happened
with rents, they have dropped. Some folks have dropped their rents so drastically, they
are losing money and are unable to recoup their investment.
Cm. Sbranti asked about percentage of reni drops.
Mr. May stated in the last 4 quarters, about 15%. They understand the laws of supply
and demand. There needs to be a level playing field and a way to advertise. Signs drive
prices down.
Mayor Lockhart commented on what our neighboring cities do, and what we legally
allow.
Cm. Zika stated he liked the San Ramon idea. They allow 12 square feet signs and a
maximum of 90 days per year. We spent a lot of time going over the Sign Ordinance
and have made a concerted effort to try and get the junk out of our community. He
stated this is as far as he would be willing to go and we should require strong
enforcement. He stated he did not realize apartment owners weren't allowed to have
any signs whatsoever because they are considered residential. Again, he stated he likes
San Ramon's requirements.
Cm. Sbranti indicated he liked the idea of 15 days on and 45 days off and this actually
comes out to about the same per year. Every two months, they can make a push. 12' is
not too big. They do need to be able to advertise their product.
Cm. Sbranti stated he supports 15 on and 45 off.
Bruce Fiedler stated he manages apartments and hopes as we go forward and he agreed
that every business needs to be able to advertise their product~ and the way they do it is
important. Flimsy signs look bad. A rigid background sign has a better chance of being
neat in our community. We should have some planning here so this goes through the
process. Staff expertise could be brought into play. We live here and what we see on
the streets has a direct effect on our homes.
Mayor Lockhart asked if there are specific standards with temporary signs or is a banner
considered the same thing?
CITY COUNCIL MINUTIdS
VOLUME 21
RE. GULAR
December' 3, 2002
PAGE 6] 0
Mr. Byde discussed temporary promotional signs, balloons and banners. Within
banners, there is no regulation on color or placement. There is also an allowance for a
temporary onsite for lease sign. A 16 sq R sign is limited to 1 sign per 100 feet of
frontage and has other stipulations such as text and phone numbers, etc.
The City Council discussed rigid signs, promotional signs, banners, etc. If it is a
temporary sign, these are easy to come down.
Mr. Byde talked about some special allowance with design criteria to amend monument
signs. One complex has added to their sign - vacancies. Staff could come up with some
design criteria to fit within standards and expedite the process. It could be slipped into a
slot.
Cm. Oravetz suggested adopting San Ramon's idea and send it along to the Planning
Commission and also incorporate Mr. Byde's suggestions.
Mr. Byde stated they could have hooks and have a sign which could be permanent as
part of their sign.
Mayor Lockhart stated she felt we also need to offer some kind of temporary signage
during the year.
Cm. Sbranti stated he has seen banners done with class. This is something the Planning
Commission could look at.
Mayor Lockhart stated we are actually offering them a combination.
On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the
Council recommended that Staff take a report to the Planning Commission for
consideration and study, which looks at San Ramon's ordinance on monuments, (15
days on and 45 days off and allow 12 square feet), and then bring it back to the City
Council. ,
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ALAMEDA COUNTY TO MAINTAIN THE PORTION
OF THE IRON HORSE TRAIL ON PROPERTY OWNED BY ALAMEDA COUNTY
9:08 p.m. 8.1 (600~40)
Public Works Director Lee Thompson presented the Staff Report.
This License Agreement will give the City of Dublin a license over the 50' wide property
of the County for maintenance of the Iron Horse Trail and will allow assignment of the
rights of the license to the East Bay Regional Park District (EBRPD).
CITY COUNCIL MINUTES
VOLUME g I
December 3, 2002
PAGE 5 '~ t
RESOLUTION NO. 03-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT
CHAPTER 8.84, SIGN REGULATIONS OF THE MUNICIPAL CODE (ZONING ORDINANCE)
PA 02-060
WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20-97) was
adopted by the City Council on September 2, 1997; and
WHEREAS, Staff has prepared a Staff report dated January 14, 2003, analyzing the
amendment to the Municipal Code (Zoning Ordinance); and
WHEREAS, the Planning Commission held a public hearing on said amendments to the
Municipal Code (Zoning Ordinance), on January 14, 2003, for which proper notice was given in
accordance with California State Law; and
WHEREAS, the Planning Commission at its January 14, 2003, meeting considered all written
and oral testimony submitted at the public hearing.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council find that the proposed amendment to Chapter 8.84, Sign Regulations
(PA 02-060), have no possibility for a significant effect on the environment (CEQA, Section
1506 l(b)(3)), that the amendments are consistent with the General Plan and any applicable Specific
Plan, and does recommend that the City Council amend said chapters of the Municipal Code (Zoning
Ordinance) as shown in Attachment 3 to the January 14, 2003, Planning Commission Staff report for
PA 02-060.
PASSED, APPROVED AND ADOPTED this 14~ Day Of January 2003.
AYES: Cm. Fasulkey, Jennings, Nassar, King and Machtmes
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2002\02-060\PC reso 1-6-03.DOC