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HomeMy WebLinkAbout4.4 Dublin Municipal Code Amendment to Section 8.84.140.I - Real Estater DUBLIN CALIFORNIA DATE: TO: FROM: SUBJECT: STAFF REPORT CITY COUNCIL September 5, 2023 Honorable Mayor and City Councilmembers Linda Smith, City Manager Agenda Item 4.4 Dublin Municipal Code Amendment to Section 8.84.140.I - Real Estate Directional Signs (PLPA-2023-00017) Prepared by: Crystal De Castro, Senior Planner EXECUTIVE SUMMARY: The City Council will consider City -initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka "open house signs"). Amendments are proposed to Dublin Municipal Code Section 8.84.140.1"Real Estate Directional Signs" to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City's enforcement authority. On August 15, 2023, the City Council waived the first reading and introduced the Ordinance amendments. The City Council is considering waiving the second reading and adopting the proposed Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs). FINANCIAL IMPACT: None. DESCRIPTION: Background The City has initiated amendments to the Dublin Municipal Code (DMC) Chapter 8.84, regarding Real Estate Directional Sign (aka "open house signs"). The proposed amendment increases the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City's enforcement authority (Attachment 1). On August 15, 2023, the City council waived the first reading and introduced the Ordinance approving the amendments. The proposed Ordinance amendment is included as Attachment 1 and further described in Attachment 2. Page 1 of 2 65 ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs) 2) City Council Staff Report dated August 15, 2023, without attachments Page 2 of 2 66 Attachment I ORDINANCE NO. XX-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.84.140.1 (REAL ESTATE DIRECTIONAL SIGNS) EFFECTIVE CITY-WIDE PLPA-2023-00017 The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community. B. The City has initiated amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent and relevant to changes occurring in the community. C. The proposed amendments are consistent with California Civil Code Section 713 and 712. D. The proposed Zoning Ordinance Amendments include modifications to Dublin Municipal Code Section 8.84.140.1 (Real Estate Directional Signs) to increase the number of real estate directional signs allowed, modify the allowable sidewalk clearance in conformance with the Building Code, and clarify the City's enforcement authority. E. The Planning Commission held a duly noticed public hearing on July 11, 2023, during which all interested persons were heard, and adopted Resolution No. 23-04 recommending City Council adoption of the proposed Zoning Ordinance Amendments. F. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments. G. The City Council held a public hearing on the proposed Zoning Ordinance Amendments on August 15, 2023, at which time all interested parties had the opportunity to be heard. H. Proper notice of said hearing was given in all respects as required by law. 1. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3 67 Attachment I SECTION 2. FINDINGS A. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and any applicable Specific Plan in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an "update the City's Sign Ordinance." SECTION 3. CEQA A. The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. SECTION 4. A. The Dublin Municipal Code is amended as follows: Section 8.84.140.1 (Real Estate Directional Signs) of Title 8 of the Dublin Municipal Code is hereby amended to modify subsections 1, 2, 8 and 9 to read as follows: 1. Be limited to a maximum of six (6) open house signs for each property being advertised for sale. 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians. 8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. to 5:30 p.m. 9. Be subject to the City's authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce open house signs in violation of Section 8.84.140 I. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3 68 Attachment I SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. SECTION 6. Severabilitv. 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 circumstance, 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. Postinq, 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 5th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 69 Attachment 2 r STAFF REPORT DUBLIN CITY COUNCIL CALIFORNIA DATE: August 15, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 6.1 SUBJECT: Dublin Municipal Code Amendment to Section 8.84.140.I "Real Estate Directional Signs" (PLPA-2023-00017) Prepared by: Crystal De Castro, Senior Planner EXECUTIVE SUMMARY: The City Council will consider City -initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka "open house signs"). The City Council will consider adopting amendments to Dublin Municipal Code Section 8.84.140.I "Real Estate Directional Signs" to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City's enforcement authority. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I "Real Estate Directional Signs." FINANCIAL IMPACT: None. DESCRIPTION: Background Pursuant to the Dublin Municipal Code (DMC) Chapter 8.84, a Real Estate Directional Sign is a "temporary sign advertising an open house for a property listed for sale, lease, or rent." State and federal law grants property owners, or their agents, rights to reasonably display Real Estate Directional Signs (California Civil Code Section 713 and 712). The City has exercised its right to regulate these signs to implement its interest in community aesthetics and public safety per DMC Section 8.84.140.I, as it relates to the number of signs, display times, sign size, Page 1 of 5 70 placement, and manner of placement. The current ordinance allows four open house signs per property which are permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. through sunset. The regulations also allow no more than eight open house signs at any intersection and no more than one sign per property being advertised. Over the past year, Staff has received complaints from several real estate agents related to code violations. Complaints are generally received from agents reporting fellow agents, stating their non -compliant competitors are gaining unfair business advantage over the law- abiding agents. Other agents have expressed concern that the DMC does not allow enough signs to direct buyers to an open house that is difficult to find. Violations arise when real estate agents either do not know the details of the City regulations or choose to ignore the requirements. A vast majority of complaints are concentrated within eastern Dublin where extra signs are displayed on occasion to direct potential buyers to an open house. In addition, realtors also occasionally fail to remove signs after the allowed timeframe. The City has made a concerted effort over the past year to bring greater awareness to Real Estate Directional Sign regulations. This has included proactive, regular enforcement on weekends, as well as education and outreach to real estate agents working within the City of Dublin. Staff has found that education and enforcement resulted in fewer violations when realtors were contacted directly. Staff has also reached out to the Bay East Association of Realtors to further education efforts. The Association provides educational programs and summarizes and publishes the City's open house sign regulations (along with over thirty other local municipalities) on its website to serve as a resource to its members. The website can be viewed by visiting https://bayeast.org/community-info-statistics/. The proposed amendments to the DMC are intended to further address these concerns while balancing economic development and aesthetic interests of the community. Staff did outreach to the Bay East Association of Realtors for feedback regarding the proposed amendments. The Association was in support of these amendments. Analysis Staff recommends the following amendments to Section 8.84.140.I where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. The draft Ordinance with the proposed amendments is included as Attachment 1 to this Staff Report. Proposed Amendment: Increase the number of signs allowed from four signs to six signs. A Real Estate Directional Sign Comparison Table (Attachment 2) shows the number of open house signs allowed by each of the surrounding Tri-Valley cities vary while most of the jurisdictions require sign removal by sunset. Based on code enforcement information for Dublin, an average of six signs are typically provided by realtors when a property is difficult to find. Therefore, Staff recommends an increase to the maximum number of allowed signs. Section 8.84.140.I.1 is proposed to be amended as follows: Page 2 of 5 71 1. Be limited to a maximum of four -six (4) (6) open house signs for each property being advertised for sale. Proposed Amendment: Modify public access width allowed to 36 inches and clarify signs are not allowed in the medians. The minimum sidewalk clearance is changed from 32 inches to 36 inches in accordance with the Building Code. Additional text is added to clarify signs are not allowed in medians. Section 8.84.140.I.2 is proposed to be amended as follows: 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty two (32) thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians. Proposed Amendment: Clarify City authority to issue fines to enforce violation of the ordinance. Text is added to include the City's authority to issue fines for violations. Section 8.84.140.I.9 is proposed to be amended as follows: 9. Be subject to the City's authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce illegally located open house signs in violation of Section 8.84.140.I. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. Proposed Amendment: Modify the removal time for open house signs. At the Planning Commission meeting on July 11, 2023, public comments were raised regarding concerns with open house signs left out after the allowed timeframe. After further review and discussions with the Bay East Association of Realtors, Staff found that open houses typically end by 4:00 p.m.; therefore, Staff proposes the removal time be changed from sunset to 5:30 p.m. Section 8.84.140.I.8 is proposed to be amended as follows: 8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. through sunset to 5:30 p.m. Upon approval of the ordinance, Staff will enhance the amount of education materials/brochure on various media platforms. Staff will also provide an educational brochure along with a written warning to first time offenders, efficiently combining education and enforcement actions. Page 3 of 5 72 Consistency with General Plan, Specific Plans, and Zoning Ordinance The proposed amendments to the Dublin Municipal Code are consistent with the Dublin General Plan and all applicable Specific Plans and the Zoning Ordinance as the amendments bring greater clarity and consistency to existing zoning regulations which implement the General Plan and Specific Plans. Specifically, General Plan Goal 11.6.1 identifies that the City maintain small -business -friendly development services and Implementation Measure 11.6.1.B.3 to "implement permit/inspection process refinements: improve City procedures, as appropriate." Planning Commission Review On July 11, 2023, the Planning Commission held a public hearing to consider the proposed amendments and make a recommendation to the City Council. As part of the public hearing, three members of the public provided comments, including two real estate agents and a representative from the Bay East Association of Realtors. Following the public hearing, the Planning Commission adopted Resolution No. 23-04 (Attachment 3), recommending the City Council approve the proposed amendments. The Planning Commission further recommended adding a provision to differentiate the number of signs permitted for major and residential intersections. The Sign Regulations (Section 8.84.140.I.5) currently permits no more than eight (8) open house signs at any intersection. The Planning Commission recommended modifying this provision to further limit the number of open house signs residential intersections to four signs. The number of open house signs at intersections has not previously presented any complaints or enforcement issues and the number of signs that can be displayed at any given intersection is also preempted by requirements to provide an accessible path of travel and motorist visibility. Staff resources to enforce open house signs on weekends is limited. The proposed amendment would require additional Staff time dedicated to monitoring intersections, as well as time required to prepare maps identifying intersection types and to educate the real estate agent community about the different intersection types. Therefore, Staff does not recommend this amendment to the Sign Regulations. However, if the City Council determines this amendment is necessary, the City Council can direct Staff to include this provision in the Ordinance amending the Sign Regulations. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. Page 4 of 5 73 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I Real Estate Directional Signs 2) Real Estate Directional Sign Comparison Table 3) Planning Commission Resolution No. 23-04 4) Letter from David Stark, Bay East Association of Realtors Page 5 of 5 74