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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 2 (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 C:/custsp.doc 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 A-1 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. A-2 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. A-3 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 A-4 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 A-5