HomeMy WebLinkAboutCC Resolution 11569 (Banner Display Requirements)RESOLUTION NO. 11569
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
TEMPORARY PROCEDURES, PERMITTING REQUIREMENTS AND CRITERIA
FOR THE DISPLAY OF TEMPORARY BANNERS (CITYWIDE) AND PORTABLE
A -FRAME SIGNS IN THE DOWNTOWN DISTRICTS
(ZO03-005)
WHEREAS, in 2002, City staff initiated the preparation of a comprehensive
update to Sign Ordinance (San Rafael Municipal Code Title 14, Chapter 19, Zoning —
Signs), which included the hosting of several public workshops. The public workshops
were held to solicit ideas and comments from the public. Comments included requests
from the San Rafael Chamber of Commerce and the Downtown San Rafael Business
Improvement District (BID) to consider and incorporate temporary banner provisions and
portable, A -frame sign allowances for ground floor businesses and uses in the Downtown
area; and
WHEREAS, on February 3, 2003, the City Council adopted an amendment to the
Sign Ordinance and adopted Resolution No. 11252, which established permit procedures
and requirements for temporary banners specific to the Downtown and Francisco
Boulevard areas. Approved as a pilot program, staff was directed to monitor the
frequency of banner requests over a period of time, monitor complaints, and monitor staff
time needed to process requests; and
WHEREAS, after many months of observation and monitoring, it was
determined that there had been a modest number of requests for temporary banners and
there had been few complaints and problems with the implementation of the permitting
and enforcement procedures; and
WHEREAS, during the preparation of the Sign Ordinance update, staff
completed several surveys related to portable A -frame and similar signs. The surveys
found that portable A -frame signs are not widely permitted, but are permitted in some
Downtown locations where there are a greater concentration of businesses and uses that
rely on pedestrian traffic; and
WHEREAS, in November 2003, a draft update of the Sign Ordinance was
prepared, which proposed the incorporation of the temporary banner provisions
established by City Council Resolution No. 11252. The provisions were drafted to allow
temporary banners Citywide, except in the Single-family Residential, Duplex Residential
and Multiple -Family Residential Districts. In addition, the draft update of the Sign
Ordinance included provisions for and limitations to allowing ground floor businesses
and uses to display a portable A -frame sign in the Downtown Districts only; and
WHEREAS, on April 19, 2004, the City Council held a duly -noticed public
hearing to consider the revised draft Sign Ordinance, dated March 22, 2004, accepting all
public oral and written testimony and the written report of the Department of Community
Development. Following lengthy discussion and deliberation, the City Council
recommended that the provisions for temporary banners (Citywide) and A -frame signs in
the Downtown District be permitted on a trial basis through a temporary pilot program.
The City Council directed staff to prepare a draft resolution outlining the pilot program,
which is presented herein; and
WHEREAS, it has been determined that the adoption of a resolution establishing
a pilot program for certain temporary signs, is categorically exempt from environmental
review pursuant to California Environmental Quality Act (CEQA) Guidelines Section
15305 and Class 5f of the City of San Rafael Environmental Review Procedures; and
WHEREAS, a public notice regarding the proposed pilot program was: a)
published in a local newspaper of general circulation in the area; and b) mailed to special
interest groups; and
WHEREAS, on June 7, 2004, the City Council held a duly -noticed public
hearing to consider the revised draft Sign Ordinance, dated May 20, 2004, and the pilot
program drafted for temporary banners (Citywide) and portable A -frame signs in the
Downtown Districts. The City Council accepted all public oral and written testimony and
the written report of the Department of Community Development;
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council
does hereby approve a pilot program establishing procedures, permitting requirements
and criteria for displaying temporary banners (Citywide) and portable A -frame signs in
the Downtown Districts, as presented in Exhibit A of this resolution, based on the
following findings and subject to the following conditions:
1. The proposed pilot program establishing procedures, permitting requirements and
criteria for display of temporary banners (Citywide) and portable A -frame signs in
the Downtown Districts would be consistent, in principle with the San Rafael
General Plan 2000 in that they would: a) implement programs, goals and policies
LU -B, LU -f, DT -5, DT -6, and DT -I by increasing opportunities for businesses to
draw and retain shoppers into San Rafael; and b) implement General Plan
Program DT -h (Land Use/Zoning Revisions), which recommends that City
policies and regulations be revised from time to time to meet challenging
marketing needs and promote a healthy and vital Downtown. Secondly, the
provisions would be consistent with General Plan 2000 Downtown Policy DT -19
(Overall pedestrian environment) and DT -20 in that they would allow signage in
the Downtown area that would orient pedestrians to storefronts.
2. The proposed pilot program establishing procedures, permitting requirements and
criteria for display of temporary banners (Citywide) and portable A -frame signs in
the Downtown Districts would be consistent with the San Rafael Municipal Code
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(Title 14) in that: a) they would allow temporary signage that would be
appropriate for and consistent with the land uses permitted within the selected
zoning districts covered by the program; and b) they would set forth limitations
that would preserve vehicle and pedestrian traffic safety and the protection of the
health, safety and general welfare of the public, as mandated by the municipal
code.
CONDITIONS
This pilot program shall be in effect for up to one year from the date of adoption
of this resolution. However, at any time, the program can be brought forward to
the City Council for review to consider amendments, extensions or termination of
the program.
2. Within six months of adoption of this resolution, the Community Development
Department shall prepare a written report on the progress of the pilot program.
The written report shall identify the number of permits that have been granted
within this time frame, monitored complaints, and summarize any code
enforcement or compliance issues that have been experienced.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the 7th day of June, 2004 by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers
ABSENT: Councilmembers:
Cohen, Miller and Mayor Boro
Phillips
Heller
Je a M. Leoncini, City Cleric
Attachment:
EXHIBIT `A' — Pilot Program Provisions
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EXHIBIT A
Pilot Program Provisions for Temporary Banners (Citywide) and
Portable A -Frame Signs (Downtown Districts)
June 2004
Temporary Banners- Citvwide
Banners (defined in Title 14, Chapter 3 — Zoning, Definitions) may be displayed by
businesses and uses on a temporary basis in all zoning districts except in the Single -
Family Residential, Duplex -Residential and Multiple -Family Residential Districts,
subject to the following permit requirements and criteria:
1. A Sign Permit is required and must be obtained prior to the display of a temporary
banner. The submittal requirements for a Sign Permit for temporary banners are as
follows:
a. A complete application form.
b. A photograph of the site showing the proposed location of the banner(s).
c. Three (3) sets of drawings denoting the banner, the location of the banner as it
would appear on the building or property, the total banner area (length and width),
the linear street frontage of the business or use for multiple -tenant buildings,
proposed illumination and method of banner attachment. These drawings need
not be prepared by a professional architect or draftsperson, but shall include all
appropriate dimensions and/or scale.
d. A completed and signed (by the business owner) pre -citation form noting the term
or duration of time for display of the banner.
e. The required application fee for an administration -level Sign Permit.
2. All temporary banners shall comply with the following criteria:
a. One banner, up to a maximum size of 32 square feet is permitted per business or
use frontage. Businesses or uses with two frontages are permitted two (2) banners
authorized under one Sign Permit, provided that both banners have the same
beginning and expiration dates, are each placed on separate frontages, and neither
banner exceeds 32 square feet. Temporary banners shall be excluded from the
calculations of the maximum, total permanent sign area for a business or use,
permitted by the Sign Ordinance (San Rafael Municipal Code Title 14, Chapter
19).
b. No banner, in whole or in part, shall include, via attachment or any other means,
windblown devices intended to attract attention such as posters, pennants,
ribbons, streamers, strings of light bulbs, spinners, balloons, or other inflatable
obj ects.
c. Temporary banners may be displayed for a maximum of 60 days per calendar
year, which can occur all at once or in increments. A separate Sign Permit shall
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EXHIBIT A
Pilot Program Provisions for Temporary Banners (Citywide) and
Portable A -Frame Signs (Downtown Districts)
June 2004
be required for each increment. Extensions of an approved Sign Permit for a
temporary banner may be granted provided that the banner does not change, the
extension request is received in writing no less than two (2) working days prior to
expiration, and the maximum 60 -day time limit for display is not exceeded.
d. Banners shall be attached to the building. However, where a business or use is set
back from the street, or where public visibility of the entrance of a business or use
is limited or impaired, a freestanding banner, supported by a temporary frame,
may be placed on-site, between the property line and the building entrance, in a
landscaped or paved area.
e. No banner shall project above the eave line of the building.
f. If any part of the banner projects over public property, public right-of-way, or
public easement, a minimum vertical clearance of eight (8) feet, measured from
grade shall be maintained.
g. A banner may project a maximum of four (4) feet from the outer surface of the
building (e.g., a banner placed on an awning), provided that it does not project to
within two (2) feet of the curb line of the street or vehicular roadway.
h. If a banner is illuminated, the illumination shall be located and directed so that it
does not create glare, nor be capable of reflecting light or directing such light onto
or into any adjoining or nearby lot, structure or public right-of-way. When
spotlights or floodlights are used to illuminate a banner, a reflector shall be
provided with proper shields or glass lenses concentrating illumination upon the
area of the banner, so as to prevent glare upon the street, sidewalk or adjacent
property. Flashing lights, or lights that change color or intensity are prohibited.
All lighting shall comply with National Electric Code (NEC) requirements.
i. Banners shall be permitted for announcement or advertisement associated with the
on-site business or use only. This requirement shall be tenant -specific for
multiple -tenant buildings.
j. Banners shall comply with the sign location and placement provisions of the Sign
Ordinance (San Rafael Municipal Code Section 14.19.053(b) and (c)), which
prohibits signs from obstructing exits, windows and safety equipment, and
requires that signs maintain adequate sight distance.
k. As regulated by the Sign Ordinance (San Rafael Municipal Code Section
14.19.080(f), (h) and (1)), banners are prohibited from displaying statements,
words or pictures that are obscene or offensive to morals, are imitative of official
signs, or are likely to cause traffic confusion or traffic hazard.
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EXHIBIT A
Pilot Program Provisions for Temporary Banners (Citywide) and
Portable A -Frame Signs (Downtown Districts)
June 2004
Portable A -frame SiLyns in the Downtown Districts
One- (1) portable A -frame sign may be permitted for a ground floor business or use in the
Downtown Districts (specifically the 4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, and WEV
Districts) subject to the following permit requirements and criteria:
1. A Sian Permit is reauired and must be obtained Drior to the placement and disDlav of
a Dortable A -frame sign. The submittal requirements for a Sign Permit are as follows:
a. A complete application form.
b. A photograph of the front elevation of the ground floor business or use where the
A -frame sign is to be displayed.
c. Three (3) sets of drawings denoting the A -frame, the location of where the sign
would be placed along the building or use frontage, the total sign area (length and
width dimensions), sign colors and script for sign face. These drawings need not
be prepared by a professional architect or draftsperson, but shall include all
appropriate dimensions and/or scale.
d. An inventory and photographs of the other permanent, business or use signage for
the subject street frontage, including sign type, size and number. The linear width
of the business or use frontage shall also be provided.
e. A signed City form, which acknowledges that the approval of the Sign Permit is
for temporary display of the A -frame sign during the pilot program. In the event
the pilot program is discontinued, the Sign Permit shall become null and void.
f. The required application fee for an administration -level Sign Permit.
2. All Dortable A -frame signs shall comDly with the following criteria:
a. These signs shall be limited to the A -frame design only. Portable I -frame signs,
pedestal -based signs and signs designed to roll or slide (e.g., portable signs with
wheels) are prohibited.
b. The sign shall not exceed 24 inches in width and 36 inches in height and a
maximum area of six (6) square feet for each sign face (two).
c. The sign shall be constructed of wood (1/2 inch MDO plywood material). The
sign shall be designed to include a handle for ease of transport.
d. The sign face must be permanently affixed to the sign frame (if separate) so that
the face does not swing or sway.
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1W4111r0,30W1
Pilot Program Provisions for Temporary Banners (Citywide) and
Portable A -Frame Signs (Downtown Districts)
June 2004
e. The sign face script shall be permanently placed (painted or glued
letters/numbers). A chalkboard or changeable copy surface is not permitted.
f. Sign placement shall be restricted to the building or property frontage where the
business or use is located. The sign shall be placed for display immediately
adjacent to or up against the building face. The A -frame sign may not be placed
in the middle of the sidewalk or near the street curb.
g. The sign may be located on a sidewalk within the public right-of-way, provided
that it does not obstruct pedestrian or vehicular movement. A minimum,
unobstructed width of four (4) feet shall be maintained on the sidewalk.
h. No portable A -frame shall be permitted in the public right-of-way at any time
when the business or use is not open.
i. As these provisions for A -Frame signs are part of a pilot program, these signs are
considered temporary. Therefore, Sign Permits for A -Frame signs will be
approved for no more than one year or for the length of the pilot program,
whichever occurs first. However, an A -Frame sign shall be counted as one of the
three (3) permanent signs allowed per business or use frontage, and the sign area
shall be counted against the maximum, total permanent sign area allowed for the
business or use.
3. Permits allowing portable A -frame signs to be placed in the Dublic right-of-wav must
include provisions by which the Dermitee:
a. Agrees to defend and indemnify the City, its officers, agents, employees and
volunteers for any claims, damages or losses of any kind.
b. Agrees to obtain and provide evidence and endorsements to, liability insurance in
an amount and form to be approved by the City's Risk Manager, and to renew and
maintain such insurance in force at all times when such a sign is present in the
public right-of-way.
c. Agrees to comply with such other reasonable conditions as may be imposed by
the Community Development Director to ensure the safe placement and
maintenance of the sign in the public right-of-way.
4. Grounds for Revocation. Due to the City's vital interest in the safe use of its right-of-
way, failure of the permitee to comply with these criteria provisions shall be grounds
for the City's immediate revocation of the Sign Permit for, and removal of, any A -
frame sign encroaching in the public right-of-way. Within twenty-four (24) hours
after such revocation, and/or removal occurs, the City shall provide the permittee with
written notice specifying a date and time for a hearing on the revocation/removal
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EXHIBIT A
Pilot Program Provisions for Temporary Banners (Citywide) and
Portable A -Frame Signs (Downtown Districts)
June 2004
before the Community Development Director or designee. Such hearing shall be set
no later than five (5) business days after the date of the notice, unless the permittee
shall consent to a later hearing date. After the hearing, the Community Development
Director or designee shall issue a written decision, which may be appealed pursuant
to the provisions of Chapter 14.28 of the San Rafael Municipal Code.
Tmpsnres.doc
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