Loading...
HomeMy WebLinkAboutOrdinance 1825 (Sign Ordinance)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1825 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 - ZONING, CHAPTER 19 — SIGNS, CHAPTER 3 — DEFINITIONS AND CHAPTER 25 — ENVIRONMENTAL AND DESIGN REVIEW PERMITS (SIGN ORDINANCE) (ZO03-005)" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 7th day of June, 2004, a SUMMARY of Ordinance No. 1825 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 21 st day of June, 2004. by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Heller (due to absence from meeting of 6/7/04) WITNESS my hand and the official seal of the City of San Rafael this 23`a day of June, 2004 JE v . LEONCINI, City Clerk ORDINANCE NO. 1825 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, CHAPTER 19 — SIGNS, CHAPTER 3 — DEFINITIONS AND CHAPTER 25 — ENVIRONMENTAL AND DESIGN REVIEW PERMITS (SIGN ORDINANCE) (ZO03-005) WHEREAS, San Rafael Municipal Code Title 14 (Zoning), Chapter 19 (Signs), commonly referred to as the Sign Ordinance, was written and adopted in the 1970s. While revisions and amendments have been made to this ordinance from time -to -time, some of the current provisions and regulations are obsolete, and the ordinance is lengthy and complicated. A comprehensive revision to the Sign Ordinance has been a longstanding implementation program in the San Rafael General Plan 2000 (Program LU -k); and WHEREAS, in 2002, City staff initiated the preparation of a comprehensive update to Sign Ordinance, which included input and participation from pertinent City departments, the City Attorney's Office, the business community and the general public; and WHEREAS, in November 2003, a draft update of the Sign Ordinance was prepared, which proposes: a) a new format; b) deletion of obsolete provisions and complicated tables; c) establishing sign regulations by zoning district rather than by type of business or use; d) the incorporation of the Downtown San Rafael Design Guidelines, which have been historically implemented by the City, but are not contained in the current Sign Ordinance; and d) the incorporation of graphics for ease of interpretation and implementation; and WHEREAS, following a public workshop conducted in December 2003 and a number of meetings held with special interest groups, additional revisions were made to the draft Sign Ordinance including, but not limited to the incorporation of the temporary banner procedures and requirements for Citywide application. A revised draft ordinance was published in February 2004; and WHEREAS, upon review of the draft ordinance, it was determined that the project, which is limited to text amendments to the Zoning Ordinance, 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, on February 19, 2004, the Planning Commission held a duly - noticed public hearing to consider the revised draft Sign Ordinance, dated February 2004, accepting all public oral and written testimony and the written report of the Department of Community Development. On a 7-0 vote, the Planning Commission adopted '{y k�7k jj�f�t �EF i{ 2`7 Resolution No. 04-07, recommending to the City Council approval of the ordinance revisions; 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. The City Council directed staff to re -study the sign regulations for office land use and referred this specific matter back to the Planning Commission for review and consideration. Further, the City Council recommended that the provisions for temporary banners (Citywide) and A -frame signs in the Downtown District be removed from the draft ordinance. Alternatively, it was recommended that a pilot program be established to process and review temporary banners on a Citywide basis and A -frame signs in the Downtown Districts. These banner and A -frame sign provisions will be considered by adoption of a resolution; and WHEREAS, staff studied the sign provisions for office use finding that the proposed sign area provisions were too permissive for this type of land use. Staff has recommended that the sign area allowance proposed for office land use in the non- residential zoning districts be reduced by 50%. On May 11, 2004, the Planning Commission held a public hearing on this amendment and adopted Resolution No. 04-13 supporting the sign area reductions; and WHEREAS, the draft ordinance was revised (May 20, 2004) to incorporate changes in the sign provisions for office land use and other changes directed by the City Council. The draft ordinance revisions include: a) the relocation of all sign terms and definitions from Chapter 19 (Signs) to Chapter 3 (Definitions) of Title 14 (Zoning); and b) an amendment to Chapter 25 (Environmental and Design Review Permits) of Title 14 to address murals and mural signs; and WHEREAS, the comprehensive amendments to the Sign Ordinance, Title 14, Chapter 19 — Zoning, Signs and accompanying amendments to Chapter 3 — Definitions and Chapter 25 — Environmental and Design Review Permit of the San Rafael Municipal Code are based on the following findings: The proposed amendments are consistent with the San Rafael General Plan 2000 in that they would: a) implement General Plan Program LU -k (Sign Ordinance), which recommends that the existing Sign Ordinance be revised; 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; and c) implement General Plan Program DT -w (Downtown Standards), which encourages the adopting of zoning standards that would promote development design consistent with Our Vision (Downtown Vision). Secondly, the amendments to the Sign Ordinance would be consistent with General Plan 2000 Downtown Policy DT -19 (Overall pedestrian environment) in that the amendments would allow signage in the Downtown area that would be easy for pedestrians to see and read, and would encourage well designed window displays and views into storefronts. Thirdly, the amendments to the Sign Ordinance would be consistent with General Plan 2000 Downtown Policy DT -20 by establishing provisions that would orient signs to pedestrians. 2. The public health, safety and general welfare are served by the adoption of the proposed ordinance update, in that it would: a) incorporate or update provisions and regulations to promote sign design that would limit glare, as well as the potential for visual hazards, and would promote sign design and location that would maximize sight distance for vehicles and pedestrians; b) delete obsolete provisions and regulations; and c) eliminate internal inconsistencies between the provisions and regulations of Title 14 and the other titles and sections of the San Rafael Municipal Code. 3. The purpose of the amendments to the Sign Ordinance is primarily to update the Ordinance and facilitate its use by reformatting and reorganizing it and eliminating unnecessary provisions. The actual sign regulations in the proposed Sign Ordinance are sometimes different, but substantively not more restrictive, than the restrictions on signs existing under the City's current sign regulations. Accordingly, it is not necessary for the City to conduct the sign inventory and comply with the related requirements set forth in California Business and Professions Code section 5490 et seq. 4. The City recognizes the citizens' constitutional right of free speech and, therefore, the Sign Ordinance generally does not regulate signs on the basis of content alone. Nevertheless, the City has a compelling governmental interest in ensuring that public and private buildings and sites are clearly and accurately identified and easy to locate, so as to facilitate emergency responses and smooth, safe, and efficient traffic and pedestrian circulation, and in ensuring that essential public health, safety, and welfare information is communicated to the public in an efficient and effective manner, which compelling governmental interests support and are furthered by the limited content -based exemptions and regulations set forth in the Sign Ordinance. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. San Rafael Municipal Code Title 14, Chapter 19 — Zoning, Signs (Sign Ordinance), dated September 21, 1992, and amended June 6, 1994, is hereby repealed. DIVISION 2. Enact a new San Rafael Municipal Code Title 14, Chapter 19 — Zoning, Signs (Sign Ordinance) and amend San Rafael Municipal Code Title 14, Chapter 3 — Zoning, Definitions and Chapter 25 — Zoning, Environmental and Design Review Permits, as fully set forth in attached Exhibit A. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of the Ordinance shall be published within fifteen (15) days after adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinanc A'�BFtT J. B ,Mayor ATTEST: TAN� N M. LEONCINI, City Clerk The foregoing Ordinance No. 1825 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, June 7, 2004, and was ordered passed to print by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Cohen, Miller, Phillips and Mayor Boro None Heller and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on Monday, June 21, 2004. Attachment: EXHIBIT `A' ClsgnordO.doc 4 JE LEONCINI, City Clerk Exhibit A Ordinance No. 1825 Sign Ordinance Revisions to Title 14, Chapter 19 (Signs) And Accompanying Amendments to Chapters 3 & 25 May 20, 2004 Adopted by San Rafael City Council on June 7, 2004 TABLE OF CONTENTS Chapter 19 - Signs 14.19.010 Purpose 14.19.020 Applicability and Interpretation 14.19.021 Compliance as of Effective Date of this Chapter 14.19.022 Applicability to Sign Content 14.19.023 Compliance with Applicable Ordinances, Regulations and Laws 14.19.024 Requirements for Associated City Permits and Approvals 14.19.025 Interpretation of Provisions of this Chapter 14.19.026 Severability 14.19.030 Exempt Signs 14.19.040 Sign Application and Permit Procedures 14.19.041 Sign Permit Required 14.19.042 Application 14.19.043 Review Authority 14.19.044 Criteria for Approval of Signs 14.19.045 Exceptions (Major and Minor) 14.19.046 Sign Programs 14.19.047 Environmental and Design Review Permit 14.19.048 Processing and Noticing Requirements 14.19.049 Time limits for Sign Permits and Related Sign Approvals 14.19.050 General Sign Provisions 14.19.051 Types of Signs 14.19.052 Computation/Determination of Permitted Sign Area 14.19.053 Location, Placement and Design of Signs 14.19.054 General Design Standards 14.19.055 Illumination Standards 14.19.060 Zoning District Sign Standards 14.19.061 Allowance — Number of Signs Permitted 14.19.062 Single -Family Residential and Duplex Residential Districts 14.19.063 Multiple -Family Residential and Residential/Office Districts 14.19.064 Commercial, Office, Industrial, and Marine -Related Districts 14.19.065 Downtown Districts 14.19.066 Other Districts 14.19.070 Temporary Signs 14.19.080 Prohibited Signs 14.19.090 Nonconforming Signs 14.19.100 Violations and Enforcement San Rafael Municipal Code Title 14, Chapter 19- Signs (5120.'0.1; 6.710.1) A-1 14.19.010 Purpose The provisions of this chapter shall regulate the location, size, type and number of signs permitted within the City of San Rafael. The purpose of this chapter shall be: (a) To safeguard and enhance property values. (b) To protect the public and private investment in buildings, improvements and open spaces. (c) To preserve and improve the visual appearance of the City as a place to live and work. (d) To encourage sound signage practices as a means to aid existing and new businesses and provide information to the public. (e) To ensure the preservation of freedom of speech. (f) To preserve and promote traffic safety. (g) To protect the public health, safety and general welfare of the community at large. 14.19.020 Applicability and Interpretation 14.19.021 Compliance as of Effectii,e Date of this Chapter. The provisions of this chapter shall apply to all signs posted, installed, erected, constructed, or a change of sign copy on or following the effective date of this chapter (Ordinance No. 1825: June 21, 2004). 14.19.022 Applicability to Sign Content. The provisions of this chapter do not regulate the message content of signs or sign copy, regardless of whether the message content is commercial or non-commercial. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political, or other non-commercial message and constructed to the same physical dimensions and character shall be permitted. For purposes of this chapter, a "commercial" message or sign is any message or sign which directs attention to commercial activity including a business, commodity, service, attraction or entertainment; and a "noncommercial" message or sign is one, which is determined not to be a commercial message or sign as defined herein. 14.19.023 Compliance ipith Applicable Ordinances, Regulations and Laips. All signs posted, erected or constructed on or following the effective date of this chapter shall comply with all other applicable laws, regulations, provisions and conditions required by the other titles of the San Rafael Municipal Code and any applicable county, state or federal approval required for such sign. 14.19.024 Requirements for Associated City Permits and Approi�als. Any associated City permit or approval required for a sign, including but not limited to a building permit, electrical permit, encroachment permit, or planning permit (e.g., Use Permit or Environmental and Design Review Permit) that is required shall be approved prior to the posting, installation, erection or construction of the sign. San Rafael Alunicipal Code Title 1.1, Chapter 19- Signs (5120104; 617104) A-2 14.19.025 Interpretation of Provisions of this Chapter. The Community Development Department staff shall have the authority to interpret the provisions of this chapter. Should there be a question or disagreement regarding the interpretation of the department staff, the Community Development Director shall review the dispute and render a determination as to the intent of the chapter provision. Sign terms and definitions used to interpret the provisions of this chapter are found in Chapter 3 (Definitions) of this title. 14.19.026 Sei,erability. In the event that any part of this chapter is held to be invalid or inapplicable to any sign or signs, it is intended that the invalid section or sections be severed from the remaining provisions in order to continue in force and effect the remaining sections of this chapter. 14.19.030 Exempt Signs The City has a compelling public health, safety and welfare interest in the clear, accurate and effective identification of governmental and private buildings, public streets and public facilities and amenities, the safe and efficient control of traffic and parking within the City, and the expeditious notification to the public of information affecting essential public services. Therefore, the following signs are exempt from the provisions and regulations of this chapter: (a) Building and street address signs. Each sign shall not exceed five (5) square feet in size and one (1) per building for each street frontage. (b) Official Flags. Official flags of any nation, state or local government. Official flags maybe placed on a pole not exceeding 24 feet in height. The height of the flag shall be no more than one-fourth the height of the pole. Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area within fifty feet of water frontage, where primarily intended to be viewed from the water and void of any commercial messages. (c) Olt -site directional Or it formati011al signs. Directional or informational signs placed on-site, which are intended to provide public safety or convenience, not exceeding five (5) square feet in area per sign. Examples of such signs include, but are not limited to parking lot directional signs, posting of business hours and location of restrooms, telephones, "parking in rear," "drive-in window," and "no - smoking." (d) Signs essential for public purposes. Signs installed by the City, a state or federal governmental agency, and public utility or service, which are essential for public purposes. Public purpose signs include, but are not limited to official signs for traffic control (e.g., street signs), fire and police signs, signs for other regulatory purposes, such as for public information and safety, public notices, emblems, and other forms of official identification. (e) Interior sighs. Signs located within the interior of a building, lobby, mall or court, when such sign is intended for interior viewing. This provision does not apply to interior signs placed within ten (10) feet of a window, where such sign is visible from a public street. San Rafael Municipal Code Title 14, Chapter 19- Signs (5120.'04; 6.7.04) A-3 (f) Nonstructural modifications and mainttentantce of conforming signs. Modifications and maintenance of a conforming sign that are nonstructural. Modifications do not include a change in sign face or copy, which requires the approval of a Sign Permit under Section 14.19.041 of this chapter. (g) Sights regulated by State or Federal laws. Signs that are regulated by State or Federal laws, or other applicable local laws, provided that such signs are sized and located to be consistent with the State, Federal, or local applicable laws. Examples of such signs include the posting of gasoline and fueling station price signs. 14.19.040 Sign Application and Permit Procedures Except for those signs that are exempt under Section 14.19.030, all signs shall require the approval of a Sign Permit and shall follow the permit procedures set forth in Sections 14.19.041 through 14.19.049. 14.19.041 Sign Permit Required. A Sign Permit shall be required for all signs that are posted, installed, erected or constructed, and for changes in sign copy or face of existing signs. 14.19.042 Application. All Sign Permit applications shall be filed with the Community Development Department, Planning Division and shall include the following information: (a) A completed application form containing a written description of the sign size and location. The form shall be signed by the property owner or an authorized representative such as a licensed sign contractor, or purchaser under a contract of sale or lessee. (b) The application fee, as amended from time to time by resolution of the City Council. (c) Graphic materials, drawn to scale and dimensioned, describing the sign location and design. Application materials shall include elevations, drawings, plot and site plans, profiles, photographs, proposed illumination, color and material samples, an inventory of all existing signs on the subject property and other pertinent information which may be deemed necessary to review and render a decision on the application. 14.19.043 Review Authority. Application, administration and authority over the provisions and requirements of this chapter shall lie with the following official bodies or officials: (a) Community Developmentt Director. The Community Development Director or his/her designee has the authority to: (1) Approve, conditionally approve or deny a Sign Permit, as set forth in Section 14.19.048(a) and signs requiring a Minor Exception, as set forth in Section 14.19.048(b). (2) Refer a Sign Permit application to the Design Review Board for advisory review and recommendation on design matters relating to a sign proposal. San Rafael Mtrnicipal Code Title 14, Chapter 19- Signs (5,20:04; 6�7104) A-4 (3) Approve, conditionally approve or deny a request for an extension to an approved Sign Permit and requests to extend, modify or revise an approved Sign Program. (b) Pla1717h7g Commission. The Planning Commission has the authority to approve, conditionally approve or deny: (1) A Sign Program, as set forth in Section 14.19.046. (2) Signs requiring a Major Exception, as set forth in Section 14.19.045. (3) Signs incorporated into the design of new buildings or major design improvements proposed to existing buildings and properties, and mural signs subject to an Environmental and Design Review Permit, as set forth in Chapter 25 of this title. (4) Appeal of Sign Permit actions of the Community Development Director. (c) Design Review Board. The Design Review Board shall serve as an advisory body to the Planning Commission and Community Development Director on all Sign Programs and Environmental and Design Review Permits for building and site improvements that include signs, including mural signs. As determined on a case-by- case basis by the Community Development Director or Planning Commission, the Design Review Board may provide advisory review and recommendations on other sign matters. (d) Appeals. All decisions of the Community Development Director or the Planning Commission can be appealed in accordance with the provisions of Chapter 28 (Appeals) of this title. 14.19.044 Criteria for Approval of Signs. All signs requiring Sign Permit approval shall comply with the provisions of this chapter, unless an Exception has been granted or a Sign Program has been approved, which authorize deviations from these provisions. 14.19.045 Exceptions (Major and Minor). When a proposed sign(s) deviates from the provisions and standards of this chapter pertaining to sign size, placement, type, number, design and type of illumination, an Exception request may be filed with a Sign Permit application, subject to the following: (a) Minor Exceptions. A Minor Exception applies to requests which do not deviate from the sign provisions for size and height by more than 20%, or when the Community Development Director determines that alternative placement, number, type, design or illumination of a proposed sign(s) would be minor and appropriate for the site, business or use. (b) Major Exceptions. A Major Exception applies to requests, which deviate from the standard or provisions for sign size and height by more than 20%, or when the Community Development Director determines that alternative placement, number, type, design or illumination of a proposed sign(s) would be major. (c) Fh7dings for Approval of an Exceptio17. The following findings shall be made in rendering a decision on a request for Exception: San Rafael Ahmicipal Code Title 14, Chapter 19- Signs (5120104; 617101) A-5 (1) The Exception is necessary to overcome special or unusual site conditions such as exceptional building setbacks, and lack of or limited visibility due to orientation, shape or width of the property and building improvements; (2) The Exception is appropriate in that it would allow signage that would be in proper scale with the building and site improvements, would be compatible with other conforming signs in the immediate vicinity, and would promote a good design solution; and (3) The Exception would permit an improvement that would not be detrimental or disruptive to the safety or flow of vehicular or pedestrian traffic either on-site or off-site. (d) Not applicable. The Exceptions process shall not apply or be used to permit a prohibited sign, as set forth under Section 14.19.080 of this chapter. 14.19.046 Sign Programs. The establishment of a Sign Program shall be an alternate to the sign standards and provisions contained in this chapter under certain circumstances, as follows: (a) Purpose. Sign Programs are specifically intended for unique use and property circumstances with the purpose of addressing multiple uses on one site or multiple signs for uses with special sign needs. Sign Programs shall be used to achieve aesthetic compatibility between the signs within a project, and may allow some flexibility in the number, size, type and placement of signs. (b) Applicability. Sign Programs are permitted specifically for shopping centers, a single building or multiple buildings containing multiple tenants on one or more contiguous sites, signs proposed in a Planned Development (PD) District, gasoline/fueling stations and automobile/vehicle dealerships and movie theaters only. Sign Programs shall not be used for other uses or conditions with the intent to deviate from the provisions of this chapter. (c) Desig17 C017ti7777ity. Sign Programs shall be designed so that all signage has a consistent and common design theme and placement, utilizing common materials, colors and illumination. (d) Findings required for approi�al of a Sign Program. The Planning Commission shall make the following findings in rendering a decision on a Sign Program: (1) All of the signs contained in the program have one or more common design elements such as placement, colors, architecture, materials, illumination, sign type, sign shape, letter size and letter type; (2) All of the signs contained in the program are in harmony and scale with the materials, architecture, and other design features of the buildings and property improvements they identify, and the program is consistent with the General Design Standards specified in Section 14.19.054; and (3) The amount and placement of signage contained in the program is in scale with the subject property and improvements, as well as the immediately surrounding area. San Rafael Municipal Code Title 1.1, Chapter 19- Signs (520.0.1; 617104) A-6 14.19.047 Environmental and Design Review Permit. When new buildings are proposed for development or exterior design modifications are proposed to existing buildings subject to an Environmental and Design Review Permit (as set forth in Chapter 25 of this title), signage shall be incorporated into the design improvements of the project. Under these circumstances and unless approved as part of a Sign Program, signage shall be considered and processed with the required Environmental and Design Review Permit, as set forth in Chapter 25 of this title. When signage is reviewed and approved with an Environmental and Design Review Permit, no separate Sign Permit shall be required provided that: (a) The signage complies with the provisions of this chapter; and (b) The size, placement, design, number and illumination parameters of the permitted signage are adequately documented in the approved plans or conditions of approval for the Environmental and Design Review Permit. 14.19.048 Processing and Noticing Requirements. The following processing and noticing procedures shall be followed prior to rendering a decision on a Sign Permit, an Exception or a Sign Program: (a) Sigh Permit, administrative approval. Following review of a Sign Permit application for compliance with the provisions of this chapter and other applicable approvals, the Community Development Director, or his/her designee, shall render a decision on the application. A decision on a Sign Permit application may be rendered without notice to surrounding property owners. (b) Minor Exceptions ar7d Modcations to an Approved Sign Program. Following review of an application for and prior to rendering a decision on a Minor Exception or a modification or revision to an approved Sign Program, property owners contiguous to the subject property shall be mailed a public notice informing them of the Director's intent to act on the application. The notice shall indicate that the Director will take action on the application, on or after the date, which is fifteen (15) calendar days following the date of the notice. (c) Major Exceptions, Sign Programs, mural signs afid appeals. Major Exceptions, Sign Programs, mural signs, appeals and other sign -related applications requiring Planning Commission action shall be noticed consistent with the requirements of Chapter 29 (Public Notice) of this title. (d) Prompt reviei-v alld action. Review and action on any Sign Permit, Exception or Sign Program applications or on any administrative appeal of any action taken by the City on these applications shall be prompt and expeditious, according to the provisions of law and the City's municipal code and procedures. Judicial review shall be in accordance with the provisions of Code of Civil Procedure Sections 1094.8 et seq. 14.19.049 Time Limits for Sign Permit and Related Sign Approvals. (a) Initial time limits. All Sign Permit, Sign Program and Exception approvals shall expire six (6) months from the action date, unless the approved sign(s) has been installed, erected or posted, or unless another time limit is specified as a condition of approval. San Rafael Municipal Code Title 14, Chapter 19- Signs (5:20 04; 6.7 04) A-7 (b) Time limits for extensio11s. Prior to expiration of a Sign Permit, Sign Program or Exception, the applicant may apply to the Community Development Department for an extension from the date of expiration. (c) Automatic extension when subsequent permits are approved. The expiration date of the Sign Permit, Sign Program or Extension shall be automatically extended when a building permit, electrical permit, encroachment permit or similar subsequent permit is granted. The approval shall be automatically extended to concur with the expiration date of the subsequent permit. 14.19.050 General Sign Provisions All signs subject to the provisions of this chapter shall comply with the following general sign provisions. 14.19.051 Types of Signs. Examples of sign types are presented in Figure 14.19-1. A definition for these sign types is provided in Chapter 3 (Definitions) of this title. The type of sign that is permitted for a business or use shall be regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. San Rafael Arlunicipal Code Title 14, Chapter 19- Signs (5120104; 617104) A-8 I SIGN 1 Awning SIGN I Roof (Not Permitted) SIGN of Monument Figure 14.19-1 Types of Signs SIGNS I SIGN Mansard Sign SIGN Marquee Sign SIGN ANN— Under Marquee i I SIGN o % SIGN SIGN oI., F:,; Window Projecting (diagram represents (Blade Sign) Directory Sign two framed windows) Types of Freestanding Signs NAME OF BUSINESS SIGN I ABC 1 ---Changable I XYZ Copy Panel Multi Tenant Monument Pole/Pylon Changable Copy S617 Rafael hlaozicipal Code Title 14, Chapter 19- Signs (5/20104; 6'7104) A-9 14.19.052 Computation/Deternzination of Permitted Sign Area. To determine sign compliance with sign area limitations of this chapter, sign area shall be measured as follows: (a) Measuring sui face sign area. Surface area of a sign shall be calculated as follows: By enclosing the extreme limits of all framing, writing, logo, representation, emblem and other display including, among others, telephone numbers and internet web site addresses within a single, continuous perimeter composed of squares or rectangles. This method of sign measurement is depicted in Figure 14.19-2. (2) When a sign is comprised of individual letters, which appear as an unframed surface, the script and logo for each line shall be calculated separately. When distance between two lines of script is more than twice the height of the script, each line shall be counted as one sign. This method of sign measurement is depicted in Figure 14.19-2. (3) The area of the sign shall be taken as the area of one face. (b) Measuring three-dimensional objects. Signs that are spherical, conical, cylindrical, and non -geometric three-dimensional shapes shall be measured as the area of their maximum projection upon a vertical plane. This method of sign measurement is depicted in Figure 14.19-3. 1.5' 3.5' � 2.5'I J ANES=1.5' HAIR SALON] 1, 6' Sign Area =15 sq. Ft. Figure 14.19-2 Measuring Surface Sign Area 1.5' J A 4' N E HAIR 2.5' S SALON, 4.5' Sign Area =13.5 sq. Ft. JAN ES HAIR SALON 6' Sign Area = 24 sq. Ft. SHOES Figure 14.19-3 ------ --- Measuring Three -Dimensional Signs (c) Measuring double-faced (back-to-back) signs. The area of a double-faced sign where the sign faces are placed back-to-back shall be calculated as a single sign face. (d) Measuring double-faced or multiple faced signs vvhere more than one sign face is visible from any one location. The area of all faces that can be viewed San Rafael A11117icipal Corte Title 14, Chapter 19- Signs (5/20104; 617104) A-10 4' i from any one direction at one time shall be counted in determining the permitted sign area. (e) Tubing or strings of lights. Exclusive of seasonal decorations and lighting, illuminated tubing and strings of lights used to outline portions of a building or windows shall be included in the calculation of permitted sign area. The tubing or strings of lights shall be deemed to have a minimum width of six -inches in the calculation of the sign area. When illuminated tubing and strings of lights border an area that forms a substantially closed geometric shape, which contains signage within this shape, all area within the closed shape shall be considered the sign area. (f) Clocks and temperature display. Elements of a sign displaying time of day and temperature shall be included in measuring the surface sign area, when such elements are clearly a part of or integral to a sign or sign structure displaying the business or use. Clocks and architectural elements and structures solely displaying time of day or temperature in analog or digital format are considered signs and are subject to the provisions of this chapter. (g) Supporting fiameivork, bracing, pedestals or foundations. Supporting framework, bracing, pedestals or foundations that are clearly incidental to or separate from the sign display shall not be computed as sign area. Examples of this condition would be a solid foundation or pedestal base on a monument -type sign. When such members are designed or illuminated so as to contribute to the advertising qualities of the sign display, the area of such members shall be computed as sign area. (h) Sigfr Frames. Signs, which are framed or have distinguishing color background shall be measured by the entire area of the sign and background, including the framing surfaces. 14.19.053 Location, Placement and Design of Signs. The location and placement of a sign shall be subject to the following: (a) On-site locatiofr only. All signs shall be located on the same site or building as the subject business or use, except as otherwise permitted by the provisions of this chapter. (b) No obstruction of exits, windows alld safety equipment. No sign shall be built, placed, posted or affixed in any manner where a portion of the sign or its supports would interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window. (c) Maintelrance of adequate sight distance. No sign shall be built, placed, posted or affixed in any manner or location where it will physically impede or cause hazardous obstruction to the visibility of vehicles or persons entering or exiting doorways or driveways that are proposed or are in use. (d) Gelreral placement of signs. The permitted sign(s) for a business or use shall be placed on the street front face or front elevation of the building where the business or use is located (see definition for Frontage, business or use in Chapter 3 of this title) with the following exceptions: (1) Where a building is located on a one-way street, or where public visibility of the front face or front entrance of the building is limited or impaired, the permitted sign may be placed on the side or rear face or elevation of the building, provided that the provisions for sign size and number are not exceeded. San Rafael Municipal Code Title 14, Chapter 19- Signs (5.20.04; 617100 A-11 (2) Where a business or use is within a multi -tenant building and has no frontage, or is located on a floor above or below the ground floor level, identification for the business or use shall be limited to a building directory sign placed at the building entrance, or on a multi -tenant, monument sign, when such sign is permitted under the provisions of this chapter. (e) Frontage ori corner lots. On corner lots where a business or use has frontage on two streets, signs may be placed on both street frontages, but the permitted square footage for each building front may not be transferred from one street frontage to another. (f) Fi-orltage on a public parking lot or public parking strucuure. Where a business or use has frontage on and an entrance access to a public parking lot or public parking structure, this frontage shall be considered the same as frontage on a public street when determining permitted sign area. (g) Placement of Wil7dow Signs. No more than 25 percent of the area of a framed window or a continuous window area shall be used for a sign. When a window contains multiple panes, the framed area of the whole window, inclusive of the individual paned areas, shall be used in calculating the permissible sign area. Except in the Downtown Districts where second floor business signs are permitted, window signs shall be permitted only in windows located on the ground floor of a structure. Permanent window signs shall be counted against the overall, permitted sign area and number and shall be subject to the same provisions and limitations as for wall signs. (h) Placement acrd Desig77 of Marquee Signs. The location and placement of marquee signs shall be subject to the following provisions: (1) A minimum vertical clearance of eight (8) feet above the sidewalk, path, public property, public right-of-way or easement shall be maintained. (2) Signs shall not project beyond the ends or sides of the marquee. (3) Signs placed on the face of a marquee may extend above the top of the marquee provided that this extension is not more than one-half the height of the marquee face and is below the building roofline. (i) Placement and Design of Projecting and Blade Signs. The location and placement of projecting and blade signs shall be subject to the following provisions: (1) The maximum permitted sign area for a projecting sign shall be 36 square feet, except in the Downtown Districts. In the Downtown Districts, a projecting sign shall not exceed five (5) square feet in area. (2) A minimum vertical clearance of eight (8) feet above the sidewalk, path, public property, public right-of-way or easement shall be maintained. (3) Signs shall be placed at or below the sill of the second floor windows in a multi -story building or below the eave line of a single -story building. Projecting signs shall be permitted for a ground floor business or use only. (4) Signs shall not project more than a distance of six (6) feet from the building face, including all structural members. In no case shall the sign project closer than two (2) feet from the street curb. (5) Signs shall be placed to maintain appropriate sight distance. San Rafael Municipal Code Title 14, Chapter 19- Signs (5:20. 04; 6 7.04) A-12 (6) When projecting and blade signs are illuminated, the conduit and wiring that provides the source of illumination shall be concealed or screened, to the extent feasible. (7) To avoid visual clutter, a minimum distance of 15 feet shall be maintained between projecting and blade signs that are located on the same property. This provision does not apply in the Downtown Districts. 0) Placement and Design of Mansard Signs. Mansard signs shall be located on the lower two-thirds (2/3) of the roof slope and shall not project more than three feet from the sloped roof face at any point. The sign ends of a mansard sign shall be designed to return and be flush with the roof surface, so that the rear of the sign and the sign bracing is not visible. (k) Placemelit and Design of Awning Signs. The location and placement of awning signs shall be subject to the following provisions: (1) Signs may be placed on the sides or ends of the awning. However, each sign placed at this location shall be counted as one of the permitted signs for the business or use. (2) The sign shall cover no more than 50% of the front face area of the awning and 50% of the awning sides or ends. (3) When awning signs are illuminated, the illumination shall be limited to the sign script and logo only. Illumination designed to light the entire awning is not permitted. (1) Placement and Design of Fi-eestanding Signs. The location and placement of freestanding signs shall be subject to the following provisions: (1) Signs shall be placed so that the sign face is perpendicular to the public street or right-of-way, to the extent possible. (2) A minimum distance of 75 feet shall be maintained between any two freestanding, pole or pylon -type sign. Where there is less than 75 feet between two such signs, a freestanding sign may be permitted provided that it is limited to a monument -type sign, as specified in Table 14.19-1. (3) A freestanding sign shall not exceed the height of the building on the site where the sign is located. (4) Freestanding signs are permitted on sites, which have a minimum frontage width of fifty (50) feet and minimum building setback of fifteen (15) feet. Freestanding signs are regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. The general sign area and height limits for all freestanding signs are as follows (Table 14.19-1): Sa17 Rafael Alunicipal Code Title 14, Chapter 19- Signs (5,20:04; 617.04) A-13 Table 14.19-1 Requirements and Limitations for Freestanding Signs 76-99 feet 25 feet 36 sf 21 feet Monument, Pole/Pylon 100--249 feet 25 feet 50 sf 21 feet** Monument, Pole/Pylon 249+ feet 35 feet 72 sf 21 feet** Monument, Pole/Pylon * "Freeway -Oriented" means those businesses and uses directly facing a frontage road, which is both parallel to and generally level with US Highway 101 or Interstate 580. ** Height bonus permitted: one foot of sign height for every five feet of sign setback measured from the property line, up to a maximum sign height of 25 feet. + Minimum building setback measured from property line. ++ Freestanding sign height shall be measured from the ground level or grade at wluch the sign is placed to the highest elevation point of the sign. (m) Placement and Design of Changeable Copy Signs. Changeable copy signs shall be permitted in conjunction with the approval of a Sign Program. In the event the signage is not part of a Sign Program, a changeable copy sign may be proposed with a request for a Sign Permit in any zoning district subject to the following: (1) The changeable copy face shall be no more than 50% of the sign face area; and (2) The sign shall require review and a recommendation by the Design Review Board. (n) Placement of Signs on Public Bits Shelters. Signs placed on public bus shelters under contract with the City are permitted subject to the approval of an Environmental and Design Review Permit. (o) Placement acid Design of Mural Signs. Murals that are defined as a sign in Chapter 3 of this title are permitted subject to the approval of an Environmental and Design Review Permit. The sign shall require review and a recommendation by the Design Review Board. (p) Placenient acid Design of Directory Sigzis. Directory signs shall be placed at the building entrance that provides primary access to the businesses or uses contained within the building. Directory signs shall not exceed 10 square feet in area, and shall be affixed to the wall of the building (wall sign). 14.19.054 General Design Stanilartls. All signs subject to the approval of a Sign Permit shall comply with the following design and performance standards: (a) Sign design. The design of the sign, including the shape shall be: San Rafael Alunicipal Code Title 1.1, Chapter 19- Signs (5120104; 617104) A-14 Miuixnum Miui3murit � iVJfaiiinaxiiiiiuiiri'erEnitfct151 ...... ... :: Locutiort Lot nuilding 5etback-r^ . ��A. Arca ign >l ec�itf + Type Frontage. - ._....... .....: .. : ..:..................... . General 50-75 feet 15 feet 32 sf 6 feet Monument Location 76+ feet 25 feet 36 sf 21 feet Monument, Pole/Pylon Freeway- 50-75 feet 15 feet 32 sf 6 feet Monument Oriented* 76-99 feet 25 feet 36 sf 21 feet Monument, Pole/Pylon 100--249 feet 25 feet 50 sf 21 feet** Monument, Pole/Pylon 249+ feet 35 feet 72 sf 21 feet** Monument, Pole/Pylon * "Freeway -Oriented" means those businesses and uses directly facing a frontage road, which is both parallel to and generally level with US Highway 101 or Interstate 580. ** Height bonus permitted: one foot of sign height for every five feet of sign setback measured from the property line, up to a maximum sign height of 25 feet. + Minimum building setback measured from property line. ++ Freestanding sign height shall be measured from the ground level or grade at wluch the sign is placed to the highest elevation point of the sign. (m) Placement and Design of Changeable Copy Signs. Changeable copy signs shall be permitted in conjunction with the approval of a Sign Program. In the event the signage is not part of a Sign Program, a changeable copy sign may be proposed with a request for a Sign Permit in any zoning district subject to the following: (1) The changeable copy face shall be no more than 50% of the sign face area; and (2) The sign shall require review and a recommendation by the Design Review Board. (n) Placement of Signs on Public Bits Shelters. Signs placed on public bus shelters under contract with the City are permitted subject to the approval of an Environmental and Design Review Permit. (o) Placement acid Design of Mural Signs. Murals that are defined as a sign in Chapter 3 of this title are permitted subject to the approval of an Environmental and Design Review Permit. The sign shall require review and a recommendation by the Design Review Board. (p) Placenient acid Design of Directory Sigzis. Directory signs shall be placed at the building entrance that provides primary access to the businesses or uses contained within the building. Directory signs shall not exceed 10 square feet in area, and shall be affixed to the wall of the building (wall sign). 14.19.054 General Design Stanilartls. All signs subject to the approval of a Sign Permit shall comply with the following design and performance standards: (a) Sign design. The design of the sign, including the shape shall be: San Rafael Alunicipal Code Title 1.1, Chapter 19- Signs (5120104; 617104) A-14 (1) An integral part of, compatible with, and complement the design of the buildings and improvements on the site where the sign is to be located and shall be compatible with the character and design of signs in the immediate neighborhood of the site. Creative and unique design is encouraged provided that the design is appropriate for the site and improvements and compatible with the character of the surrounding area. (2) The sign message, including the use of graphic symbols shall be simple. Lettering shall be legible, uncomplicated, and appropriate to the image of the building. (b) Sign type. The type of sign shall be appropriate for the building and improvements on the site where the sign is to be located. The following sign types are encouraged: (1) The use of individual letters incorporated into the building design is encouraged and preferred over signs contained in a canister or frame, or signs directly painted on the surface of a building. (2) Monument -type freestanding signs are encouraged and preferred over pylon or pole -type signs. Upon request, a bonus sign area of ten percent (10%) above the maximum permitted sign area will be granted as an incentive to select one of the encouraged sign types. A request for bonus sign area must be included in the application for a Sign Permit. (c) Sign colors al7d materials. The colors and materials for the sign shall be compatible with and complement the colors and materials of the buildings and improvements on the site where the sign is to be located. The following standards are required: (1) Sign colors shall be subtle. Bright and reflective colors shall be avoided, unless such colors are proposed to promote a creative or unique sign design. The use of contrasting colors between sign background and the sign script or logo is encouraged to maximize legibility. (2) Sign materials shall be compatible with the materials used on the buildings and improvements found on the site. (3) Sign materials that are metal or have reflective qualities shall have a matte or non -glare surface. 14.19.055 Illumination Standards. The illumination of signs from an artificial source shall be minimized to avoid a nuisance, hazard, light and glare on the property where the sign is to be located and on the surrounding neighborhood. The following sign illumination standards shall be required: (a) Sign illumination regulated by zoning district. The type of sign illumination that is permitted shall be regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. (b) Illumination that is permitted. All lighting shall comply with National Electric Code (NEC) requirements. The following types of illumination are permitted: San Rafael Municipal Code Title 14, Chapter 19- Signs (5.120104; 61710 t) A-15 (1) Internal illumination. The light source is internally located or concealed behind an opaque face of individuals letters or a framed canister. The rays of illumination go through the face of the sign or are projected outwards toward the edge of the sign forming a halo around the sign frame. (2) External, indirect illumination. The light source is exposed and directed toward the sign face but is shielded or concealed from view with proper shields or glass lenses to avoid glare. Examples of external illumination include gooseneck light fixtures and ground mounted light fixtures. (3) Reflective illumination. Illumination that is not electrically charged, but responds to light, such as from passing vehicle headlights, by shining or glowing. (4) Neon. Exposed neon or other gas-filled tubing is permitted with limited use, subject to review and a recommendation by the Design Review Board. (c) Illumination inteMity. No sign shall be illuminated so that the primary source of the light is visible beyond the property line or in any way will cause excessive glare or brightness. The City shall reserve the right to require and/or complete a post -installation inspection of the sign illumination. If, as a result of this inspection it is determined that the illumination is too bright and adversely impacts adjacent properties and uses, the City can require a reduction and/or adjustment in the intensity of the sign illumination, so that it is in keeping with the general level of illumination on surrounding properties. (d) Illzttnirration that is prohibited. The following types of illumination are prohibited: (1) Blinking, flashing or fluttering lights or illumination that has a changing light intensity, brightness or color. (2) Animation or moving messages. (3) Searchlights. 14.19.060 Zoning District Sign Standards The size, type, number and illumination of signs shall be regulated by zoning district. Except for those signs not subject to a Sign Permit under Sections 14.19.030 and 14.19.070 of this chapter, or signs authorized through approval of a Sign Program under Section 14.19.046 of this chapter, all signs approved and erected on and following the date this chapter is enacted shall comply with the standards and limitations set forth in this section and in Table 14.19-2 for each zoning district. 14.19.061 Allowance — Number of Signs Permitted The maximum number of signs that are permitted for a business or use shall be regulated by zoning district, as specified below and in Table 14.19-2 of this chapter. Where more than one sign is permitted for a business or use, the combined area of the signs shall not exceed the sign square footage limit that is allotted. 14.19.062 Single -Family Residential and Duplex Residential Districts. In order to protect and preserve the character and quality of life in the Single - Family Residential and Duplex Residential Districts, signs located in these districts shall be limited in number, type, size and illumination, so as to minimize signage, while San Rafael Municipal Code Title 14, Chapter 19- Signs (5120.04; 617104) A-16 allowing necessary identification of the subject uses. Permitted signs include the following, and as specified in Table 14.19-2: (a) Permitted uses in the Single-family and Duplex Residential Districts shall be allowed one wall sign per residential unit, not exceeding five (5) square feet in area. No Sign Permit is required. Examples of signs for permitted uses would be, among others, signs displaying a residential nameplate, or a small residential care, family care home or day care facility for six or fewer residents. Home occupation signs are regulated under Section 14.16.220(d) of this title. (b) Conditional uses in the Single-family and Duplex Residential Districts that are subject to the approval of a Use Permit shall be allowed one wall or monument -type sign, not exceeding 20 square feet in area. Examples of signs for conditional uses would be, among others, signs displaying a school, a religious institution, or a large residential care, day care or family care facilities for seven (7) or more residents, children, or adults. (c) Monument -type signs sited at the entrance of a neighborhood or subdivision, placed on private property, not exceeding 20 square feet per sign and two (2) per entrance. 14.19.063 Multiple -Family Residential and ResidentiaUOffice Districts. Signs located in all Multiple -Family Residential and Residential/Office Districts shall be limited in size and illumination, as these districts provide a transition between the Single -Family and Duplex Residential Districts and the non-residential districts. Permitted signs include those signs permitted in the Single -Family and Duplex Residential Districts, except that a greater number and amount of sign area, and a broader range of sign types are permitted, as specified in Table 14.19-2. 14.19.064 Commercial, Office, Industrial, Marine Related Districts. Signs located in all Commercial, Office, Industrial, and Marine Related Districts shall be permitted sign area based on the linear width of business or use frontage (see definition for Frontage, business or use in Chapter 3 of this title), as follows: (a) Single -tenant buildings. All non-residential uses except for office uses, shall be permitted one (1) square foot of sign area for each linear foot of business or use frontage, up to a maximum of 200 square feet. For buildings with more than 200 feet in linear frontage width, a maximum sign area of 200 square feet shall be permitted. Office uses shall be permitted one half (1/2) square feet of sign area for each linear foot of building frontage, up to a maximum sign area of 100 square feet of sign area, regardless of building frontage width. (b) Multiple -tenant buildings. For all non-residential uses, except for office uses, each ground floor occupant shall be entitled to one (1) square foot of sign area for each linear foot of business or use frontage, with each occupant entitled to a minimum sign area of 25 square feet. For office uses, each ground floor occupant shall be entitled to one half (1/2) square feet of sign area for each linear foot of office tenant frontage, with each office use entitled to a minimum sign area of 15 square feet. (c) Where a business or use is located in a multiple -tenant building, and where such business or use has no frontage or is located on a floor above or below the ground floor level, identification shall be limited to a building directory sign or multi - San Rafael Municipal Code Title 14, Chapter 19- Signs (5/20/04; 6/7/04) A-17 tenant monument sign, as provided in Sections 14.19.053(d)(2) and 14.19.053(p) of this chapter. (d) For buildings with less than 25 feet in linear frontage width, a minimum sign area of 25 square feet shall be permitted for all non-residential uses except for office uses. For such buildings containing office uses, a minimum sign area of 15 square feet shall be permitted. (e) For a single business or use with more than one frontage or where a business or use is contained in more than one building, each frontage shall be considered and calculated separately in determining permitted sign area. However, in no case shall one business or use be permitted more than an aggregate sign area of 200 square feet. For office uses, the maximum permitted, aggregate sign area shall be 100 square feet. (f) For all non-residential uses except for office uses, a maximum of two (2) permanent signs shall be permitted per frontage for each business or use except as follows: (1) There shall be no more than one freestanding sign per lot or parcel. (2) There shall be no more than one projecting sign per business or use. (3) Office uses shall be permitted a maximum of one (1) permanent sign per frontage for each office tenant. (g) Small, ancillary, informational signs are not included in the calculation of the allowable sign area or number, if such signs, in aggregate, do not exceed five (5) square feet in area. Examples of such signs include, among others, signs displaying hours of operation, business and association memberships, credit cards that are accepted, "now hiring" signs and restaurant menus. 14.19.065 Doivntoivn Districts. Size, placement and design of signs in the Downtown Districts are intended for view primarily by pedestrians and persons in vehicles nearby at the street level, not from long distances. The unique characteristics found in the Downtown Districts include a higher density of business uses, and multiple ground floor business uses, which substantiate special sign provisions. The Downtown Districts include the 4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, and WEV Districts as defined in Section 14.05.010 of this title. Signs proposed for properties in the 5/M R/0 District shall comply with the provisions of Section 14.19.063 (Multiple -Family Residential and Residential/Office Districts). Signs located in the Downtown Districts shall be subject to the following provisions: (a) Permitted sign area shall be based on frontage width of a business or use, per the provisions of Sections 14.19.064(a) through (e) and 14.19.064(g). (b) For all non-residential uses except office use, a maximum of three (3) signs shall be permitted per frontage for each business or use, which may be a combination of sign types. For office uses in the Downtown District, a maximum of one (1) sign shall be permitted per frontage for each business or use. San Rafael.Afunicipal Code Title 14, Chapter 19- Signs (5120.e04; 6.7.0.1) A-18 N ck a� O O O C C b C N C C Cr" p a O y 'd O O O_ O a o ° cz O ° •� 5 � a pia�c °^a O tU% Y Y tU%u 0 .0 0 O O d z W z U Q:;: U ern.•+!U U U �cpnt. ! U _ N 9b by ill U.5 C 0 01 H C _ . w 4ai U °i > ° W V °i pU �" N c� C E13 En —u O O i F. Q O F�42 w cn CFlwz U v, 0.0 .3 -: h U V 23U_ uw 42 •'... g L. '�` Ln 0 a� O � A'ac" o p'b0 ` °o �� cnaoti U iz O ' w p ... C -� 6 N .� •5 iFul .. Vl O .Nt�i� iF rn `..�.:' r a O p N 0 U 4G w ° ,CwC.0 c U b° v.^°) a O oaj —aaaobcab0Oa�o Owoob o d0"E O MwU-- N y U b V o in cn n W p C. O O .. O* o 'C U V3 cd a°�°ads' o U N CA y ani o Cf o v a� a� ^= 0 w 0 w 'n •E C, En o O t O w eUi G O era En °° En .0 woo w o ocn0U 7�5 aE ° ti o „ o E/3W S U .r O w U a En 9b a°i a 0 o 0 O U v1 N V O U V c°v° C a; o $ to, 3� � = 3�E�b0 o .� 0 o a .�' y .� UG5�,� 3¢ u Ell 3¢ uCX u a 05 2 U U 9b o U ell,5 r. 50 o~b o 5b En �U ^QO� cz . ::::; U O_U �. E `0 L U Q Co b oar, 0 a-tiU3U oj 110 =;a•�E W y U b V o in cn n a oC, W) -4- 4) S W p C. O O .. O* •fl a O N O a) � 0 o 'C U V3 cd a°�°ads' o U N CA y ani o Cf o v a� a� ^= 0 w 0 w 'n •E C, En o O t O w eUi G O era En °° En .0 woo w o ocn0U 7�5 aE V� N ,� • •�- E/3W S U .r U a En 9b a°i a 0 o 0 v1 N V O"Q•i O W c°v° C a; o $ to, 3� � = 3�E�b0 o .� Baa o a .�' y .� UG5�,� 3¢ u 3¢ uCX u a 05 2 U U U ell,5 r. 50 o~b to U N 5b En �U ^QO� cz O ✓ x �C7Up U Q Co b oar, s� a-tiU3U a oC, W) -4- 4) S (c) Projecting and marquee signs placed under a roof eave or awning are encouraged to provide pedestrian -oriented signage. Projecting signs shall not exceed five (5) square feet in area. (d) Second floor tenant window signs are permitted and shall not exceed one per business or use and five (5) square feet in area. 14.19.066 Other Districts. Signs located in zoning districts other than those referenced in Sections 14.19.062 through 14.19.065 above shall comply with the standards and provisions of the zoning district that is most similar to the subject district. 14.19.070 Temporary Signs The City recognizes that temporary signs are often used as a means of communicating messages, whether commercial or noncommercial, as to certain temporary or short term matters or events such as commercial promotions, special events or activities, elections and current events. The regulations in this section are intended to allow the expression of such communications while minimizing the adverse aesthetic or public safety impacts that may be caused by the uncontrolled proliferation and abandonment of such signs, such as visual clutter, traffic obstruction and accumulation of debris. The following signs are considered temporary and may be posted on site for a limited period of time in accordance with the provisions of this chapter. Unless noted below as not requiring Sign Permit approval, temporary signs require the approval of a Sign Permit prior to being installed or erected: (a) City -installed banners. Banners, signs, and associated supporting structures installed by the City for events and announcements, which are placed across or over a public street, or affixed to street light poles. The location, placement and provisions for such banners, signs and supporting structures shall be established by standards and subject to fees, as set forth by resolution of the City Council from time to time. No Sign Permit is required. (b) Noncommercial signs. Temporary signs bearing ideological, political or other noncommercial message including, but not limited to, political and election signs may be located on a site or place of business. The total sign area permitted per site or place of business shall not exceed 32 square feet. Noncommercial signs may be displayed for a maximum of ninety (90) days per calendar year. Signs relating to an election shall be removed no later than ten (10) days following the election. No Sign Permit is required. (c) Real estate sale and leasing signs. Temporary real estate sale and leasing signs shall be subject to the following: (1) On-site display. Ground -mounted or placed on the building, not exceeding five (5) square feet and one (1) in number per building for single- family, duplex residential and multiple -family residential uses. On-site display signs shall not exceed twenty (20) square feet and two (2) in number for all non-residential uses. (2) Off-site display. A -frame or ground -mounted, placed off- site such as for announcement of an open house, not exceeding five (5) square feet in size. Open house signs shall be permitted between the hours of 10:00am and 7:00pm on Sa» Rafael Ahmicipal Code Title 14, Chapter 19- Sigm (5 20.0,1; 6,7 04) A-19 Saturdays, Sundays, Thursdays (brokers open) and holidays, and shall be limited to five (5) in number. (3) No real estate sign shall be placed in the public right-of- way, which includes the sidewalk, travel or parking lane and center median of a street. (4) No Sign Permit is required. (d) Special function and one-time event signs. Signs, posters and notices for special functions and one-time events are permitted subject to the following: A maximum of two (2) signs, not exceeding 10 square feet in area for each sign. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on utility poles, streetlights or fences located on public property. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days after the function or event. In no instance shall a sign for a special function or one-time event be displayed for more than 30 days. Signs displayed or placed in a window shall not exceed 25% of the window area. No Sign Permit is required. Examples of special function and one-time event signs include, among others, signs displaying a special sale, grand opening, business closing, garage, yard or estate sale, meetings, or fund-raisers. (e) Temporary banners. The location, placement and provisions for temporary banners shall be established by standards and subject to fees, as set forth by resolution of the City Council from time to time. (f) Temporary construction signs. Maximum of two (2) in number per site and no more than 36 square feet per sign. No illumination is permitted. Examples of such signs include, among others, signs displaying the construction project, the parties involved in the construction, and subdivision or development sales. Such signs are subject to the approval of a Sign Permit and shall be permitted through the duration of construction and sales and shall be removed no later than one (1) month following completion of construction, or following the last sale. This temporary sign provision does not apply to the required posting of a sign giving notice of the City of San Rafael noise restrictions (Section 8.13.050). (g) Temporary, portable 4 -frame signs in the Downtown Districts. The location, placement and provisions for temporary, portable A -frame signs permitted in the Downtown Districts shall be established by standards and subject to fees, as set forth by resolution of the City Council from time to time. (h) Temporary use signs. Signs for temporary uses such as but not limited to outdoor, temporary or seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location and size shall be established with the Use Permit required for the temporary use, as required by Chapter 22 of this title. Temporary use signs shall be displayed for the period of time established by the Use Permit. 14.19.080 Prohibited Signs San Rafael Municipal Code Title 14, Chapter 19- Signs (5/20/04; 617/04) A-20 A prohibited sign is a sign that is not permitted under the provisions of this chapter. The City may require the removal or abatement of a prohibited sign. Failure of a property owner to remove or abate a prohibited sign within 14 days after service by the City of written notification/order to do so, shall be deemed a violation of this chapter. Notices required to be given in this chapter shall be served on the sign owner/permittee in accordance with the provisions of Chapter 1, Section 1.08.060 of this code. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings concerning violation of this chapter. The following types of signs and devices are prohibited: (a) 'A' frame and V frame portable ground signs. Except as permitted by City Council resolution in the Downtown Districts, or as permitted for real estate sale and leasing (on-site or off-site display for open house), as set forth in Section 14.19.070. (b) Abandoned signs. Signs that have been abandoned for a period of six (6) months or more following the closing of a business or use on the site where the sign is located. (c) Animated and moving signs. Animated and moving signs include: (1) Electronic message display, blinking, flashing, change in light intensity, or moving signs, except time and temperature signs. (2) Windblown devices such as balloons, inflatable objects, pennants, ribbons, streamers. (3) Signs producing smoke, sound and other substances. (d) Billboards and similar off-site advertising. Billboards and similar off-site advertising including temporary signs that are placed on or suspended from a vehicle but not including signs painted on or permanently affixed to the body of the vehicle. (e) Dilapidated signs. Where elements of the sign surface, structural support, frame members, panels or other sign elements are clearly dilapidated, have cause to compromise the ability of the sign to identify a business or use, or are in a condition to cause a hazard. (f) Imitative of official signs. Signs (other than those used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning or similar words; or signs which imitate or may be construed as other public notices, such as a zoning violation, building permit, business license, etc. (g) Natural despoliation. No sign shall be cut, burnt, limed, painted or otherwise marked on a cliff, hillside, field or tree. (h) Obscene or offensive to morals. Signs containing statements, words, or pictures of an obscene, indecent or immoral character, which taken as a whole appeals to prurient interest in sex, and which sign is patently offensive and when taken as a whole, does not have serious literary, artistic, political or scientific value. (i) Portable signs. Signs that are constructed to roll, slide or be moved from one location to another, except for certain A -frame signs permitted under the provisions of this chapter. San Rafael Municipal Code Title 14, Chapter 19- Signs (5.20 04; 6 7,04) A-21 0) Privilege signs. Standardized signs supplied to a retailer by a manufacturer wherein the manufacturer's name and/or logo or emblem on the sign exceeds one-third (1/3) of a face of a sign. (k) Roof signs. Except where permitted as a mansard sign under the provisions of this Chapter, signs placed on the roof of a building or structure. (1) Signs likely to cause traffic confusion or traffic hazard. Signs or lighting which are of a size, location, movement, coloring, or manner of illumination which: (1) May be confused with or construed as a traffic control device. (2) Will hide from view any traffic or street sign or signal. (3) May not be effectively shielded to prevent glare or where the lighting is of an intensity, which causes glare or impairs the vision of a driver. (m) Signs surfaced with or made of fluorescent paint or material. (n) Signs affixed to public structures and/or signs located in the public right-of-way including, but not limited to telephone poles, light standards and utility fixtures, posts and fences. Posters, signs, temporary handbills and similar advertising notices are permitted on public kiosks established for such purpose. 14.19.090 Nonconforming Signs. (a) A nonconforming sign is a sign that was legally established and maintained in compliance with the provisions and requirements of all applicable laws in effect at the time of the original installation but does not now comply with the provisions of this chapter. (b) Changes to sign copy and face, nonstructural modifications and non- structural maintenance are permitted subject to the approval of a Sign Permit. (c) The following provisions shall apply to nonconforming signs: (1) Any structural modification to or alteration of any nonconforming sign or elements thereof shall require immediate compliance with this ordinance. (2) A nonconforming sign may not be changed to another nonconforming sign or structurally modified or altered to extend its useful life. (3) Use of a nonconforming sign may not be re-established or continued after a business or use for which the sign identified is discontinued for more than six (6) months. (4) Any nonconforming sign shall be removed or made to conform to the provisions of this chapter if the sign has been more than 50% destroyed and the destruction requires replacement of more than the face of the sign. (5) The City may require the removal of a nonconforming sign maintained, continued, or altered contrary to this subsection (c). Failure of a property owner to remove or abate such a nonconforming sign within 90 days after service by the City of written notification/order to do so, shall be deemed a violation of this chapter. Notices required to be given in this chapter shall be served on the sign owner/permittee in accordance with the provisions of Chapter 1, Section 1.08.060 of this code. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings concerning violation of this chapter. San Rafael Municipal Code Title 14, Chapter 19- Signs (5/20/04; 6/7/04) A-22 14.19.100 Violations and Enforcement It is unlawful for any person to violate any of the provisions of this chapter or to violate any of the terms and conditions of a permit or program issued pursuant to this chapter. Such violations are punishable as provided in Chapters 1.40, 1.42, 1.44 and 1.46 (Code Enforcement and Authority Powers) of the San Rafael Municipal Code, or by any applicable provision of State law. The following sign definitions and terms shall be added to Chapter 3 (Definitions) of this title: Awning Sign. A sign placed on the face or surface of an awning. Banner. A sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement. Changeable COPY sign. A sign which, in part or whole, provides for periodic changes in the sign copy. Examples include signs for an auditorium, theater, church, meeting hall or similar use having changing programs or events, but do not include electronic reader board signs. Signs on which the only change is a periodic price change for the product or products customarily sold on premises and on which the location, size and color of the numbers remain constant are not considered changeable copy signs. Directional sigti. Any sign, which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to provide direction to the public. Such a sign contains no advertising copy. Directoty sigtt. An identification sign listing the tenants of a building, or the bulletin board of a public, charitable, religious, or fraternal institution used to display announcements relative to meetings and activities to be held on the premises and/or displaying the names of the officers of the organization. Double-faced sign. A sign consisting of two sign faces, which are placed back-to- back, so that only one sign face is visible from any one location. Flashing sigh. Any sign which is perceived as an intermittent or flashing light. Time and temperature signs are excluded from the category of flashing signs. Freestartding sig77. Any sign that is designed and constructed as a stand alone structure, which is self-supporting on the ground, not affixed to or attached to a building. Types of freestanding signs include pole or pylon signs and monument signs. Frontage, bttsirtess or use. The front face or front elevation of a building containing a single business or use that is most parallel to and fronts on a public street, public right-of-way, public parking lot or public parking garage. Frontage width is measured in linear feet. Identification sign. A sign which serves to identify only the name, address and lawful use of the occupant, business or use upon which the sign is located, and which may include the emblem or insignia when used by an organization. Informational sigtt. A sign which is designed and erected solely for the purpose of communicating information for the safety or convenience of the public. Examples of such signs include no smoking, restrooms, or telephone. Mansard sign. Any sign attached to or supported by a sloped roof element such as a mansard or gable. San Rafael Alunicipal Code Title 14, Chapter 19- Signs (5.20 04; 6 7 04) A-23 Marquee sign. Any sign that is on top, attached to the face of or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the building. Monument sign. A freestanding sign that is supported by a solid base or foundation rather than a pole or post. Multiple copy sign. A sign which advertises more than one business or use and the principal product or service. Mzilti-tenant sign. A sign, which displays a list of multiple tenants, businesses or uses in one or more buildings located on one site. Mural. A large painting that is executed directly on or permanently affixed to the surface of a wall depicting, among others, a scene or art. Mural sign. A mural that depicts or includes written script, logo or art that is intended to display or advertise the sale of goods or services shall be considered a sign, subject to the provisions of Chapter 19 (Signs) of this title. Nameplate. A sign containing either or both the name of the occupant or building and the address of the site. Official sign. A sign required by a governmental body that is to discharge its legally required functions. Pole or pyl0zz sign. A freestanding sign that is supported by a pole or post. Portable sign. A sign that is constructed or designed to roll, slide or be moved from one location to another. Examples of portable signs include, but are not limited to an A -frame sign and an I -frame sign. Projecting or blade sign. Any sign, which projects from the face of a building and is supported by brackets, a projecting post or frame that is anchored to the building face. A blade sign is a small projecting sign. Residential Nameplate. A plate of metal, glass, wood, etc., bearing a person's name, such as is often placed on or near the door of a dwelling or mailbox. Roof signs. Any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building or the top of a mansard roof. Sign. Any medium for visual communication, which is used or intended to be used to attract attention to a location, use, or subject matter for advertising, instruction, information or identification purposes. Seasonal decorations, such as holiday greetings and displays that do not include advertising, are not defined as a sign and are not subject to the provisions of this chapter. Sign Program. A program providing a coordinated signing plan for one or more businesses or uses located on one site or several contiguous sites, which utilizes one or more common elements such as color, materials, lettering, illumination, sign type, and sign shape. Subdivision or neighborhood identification sign. A sign containing the name of a subdivision, development or neighborhood. Tempormy wilzdow sign. Any temporary sign painted on a window or constructed of paper, cloth or other light material and attached to the window, or located within three (3) feet of the interior side of the window, and displayed so as to call attention of persons outside of the building to a sale of merchandise or change in the status of a business or use. San Rafael Municipal Corte Title 14, Chapter 19- Signs (5,20 04; 6 7.04) A-24 Wall sign. Any sign painted on or attached parallel to the wall of a building and projecting not more than twelve (12) inches from the building face. Windotiv sign A sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. Wind blown device. Any manmade device which visibly moves when blown in the wind. Title 14 (Zoning), Chapter 25 (Environmental and Design Review Permit) shall be amended to incorporate new Section 14.25.040A.5. to address murals and mural signs as a major physical improvement that is subject to an Environmental and Design Review Permit. This new section shall read as follows: Murals and mural signs painted on the exterior surface of a wall of an existing or new structure. CAgnord0l .doc San Rafael Municipal Code Title 14, Chapter 19- Signs (5 2004; 6 7 04) A-25