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HomeMy WebLinkAboutCC Resolution 11252 (Downtown Banners Temp. Permits)RESOLUTION NO. 11252 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING TEMPORARY PROCEDURES AND PERMITTING REQUIREMENTS FOR THE DISPLAY OF TEMORARY BANNERS WITHIN THE DOWNTOWN AND ALONG FRANCISCO BOULEVARDS EAST AND WEST IN THE CITY OF SAN RAFAEL (P02-07) WHEREAS, in April of 2002, the City's Chamber of Commerce requested that the City consider revising the City's Municipal Code to allow businesses to display temporary banners for special promotional events and sales; and WHEREAS, the City of San Rafael has recognized that signs are an important and necessary means of communication in the City and that signs, when properly regulated, may be a great economic and aesthetic asset to the City; and WHEREAS, it is the intent of the City to both promote signage and to comprehensively address community aesthetic concerns about visual clutter; and WHEREAS, the City has a substantial interest in promoting signage to attract new sources of economic development and growth, and regulating signage to maintain pedestrian and traffic safety and to protect the public health, safety and welfare; and WHEREAS, staff has researched the temporary banner regulations of 45 California jurisdictions and formulated temporary banner procedures and permitting requirements that would allow for reasonable display of banners by businesses without undue financial, aesthetic, or safety burdens upon the City of San Rafael; and WHEREAS, the proposed procedures and permitting requirements are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitations, and the City of San Rafael Environmental Assessment Procedures Manual under Class 5£, projects not involving proposed development plans or commitment of land use or resources which would result in a significant environmental impact; and WHEREAS, a notice regarding the proposed procedures and permitting requirements was: a) published in a local newspaper of general circulation in the area; and b) mailed to special interest groups; and WHEREAS, on December 10, 2002, the Planning Commission held a public hearing on the proposed resolution and recommended approval to the City Council; and WHEREAS, on February 3, 2003, the City Council held a public hearing and accepted all oral and written public testimony and considered the written report of the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve the procedures and permitting requirements for the display of temporary banners within the Downtown and along Francisco Boulevards East and West as presented in Exhibit "A" of this resolution, based on the following findings, and subject to the conditions listed below: Findings The proposed procedures and permitting requirements would be consistent, in principle, with the San Rafael General Plan 2000. Specifically, the proposed procedures and permitting requirements would be consistent with General Plan implementation programs, goals, and policies LU -B, LU -F, LU -37, DT -5, DT -6, and DT -i given that providing procedures and permitting requirements for the display of temporary banners within the Downtown and along Francisco Boulevards East and West would: a) increase opportunities for businesses to draw and retain shoppers into San Rafael; and b) serve as a means of communication for the City to attract sources of economic development to the Downtown. 2. The proposed procedures and permitting requirements would be consistent with the San Rafael Municipal Code (Title 14). The proposed procedures and permitting requirements would establish staff procedures and review criteria for the display of banners by businesses located within the Downtown and along Francisco Boulevard East and West in the GC, C/O, FBWC, 4SRC, HO, 2/3MUE, 2/3 MUW, CSMU, 5MRO, and WEV Districts. Providing procedures and permitting requirements allowing businesses to display temporary banners within these commercial, office and mixed-use districts would be compatible with the commercial, office, and/or retail land uses, permitted within the districts. Further, by adopting existing prohibitions and limitations within the Municipal Code for preservation of traffic safety and protection of the public health, safety and general welfare, the temporary banner permitting requirements would be consistent with the purposes and intent of Chapter 14.19 (Signs) of the Municipal Code Conditions of Approval The Community Development Department shall review its temporary banner procedures and permitting requirements and prepare a report for the City Council within 150 days from adoption, on the success of the program. 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 3`d day of February, 2003 by the following vote, to wit: AYES: Councilmembers: Cohen, Phillips and Mayor Boro NOES: Councilmembers: Heller and Miller ABSENT: Councilmembers: None JEARNE M. LEON , City Clerk EXHIBIT A: Temporary Banner Procedures and Permitting Requirements -2- Exhibit A City of San Rafael Procedures and Permitting Requirements for the Display of Temporary Banners I. Specific Purposes The City of San Rafael recognizes that commercial signs are an important and necessary means of communication in the City and that signs, when properly regulated, may be a great economic and aesthetic asset to the City. Therefore, the City has a substantial interest in both promoting the display of temporary banners in order to attract new sources of economic development and growth, and regulating banners to prevent visual clutter, maintain pedestrian and traffic safety and to protect the public health, safety and welfare. In recognizing the importance of promoting new sources of signage (banners) and protecting the public health, safety and welfare, the City of San Rafael has decided to: 1. Establish procedures and permitting requirements to allow the display of temporary banners by businesses within the Downtown and along Francisco Boulevards East and West. 2. Establish a method of tracking "Banner Permits" and efficient enforcement to ensure removal of banners upon their expiration. 3. Establish a Banner Permit fee that will cover the expense of City staff time. II. Permitting Requirements A. Definition: A "Banner" is a sign that is not made of rigid material or enclosed in a rigid frame, and that is secured or mounted so as to allow movement. B. Permit Reauired: Temporary banners may be displayed by businesses located within the Downtown and East and West Francisco Boulevard's GC, C/O, FBWC, 4SRC, HO, 2/3MUE, 2/3 MUW, CSMU, 5MRO, and WEV Districts provided that a "Banner Permit" is first obtained from the City's Planning Division. C. Submittal Requirements: 1. A completed City of San Rafael Planning Application form. 2. A photograph of the site showing the proposed location of the banner. 3. Three sets of diagramatic drawings denoting the banner, the location of the banner as it would appear on the building, total banner area (length and width), linear street frontage of the business for multi -tenant buildings, any proposed lighting of the banner, and method of banner attachment. Said drawings need not be prepared by a professional architect or draftsperson, but shall include all appropriate dimensions and/or a scale. 4. A completed pre -citation form (signed by the business owner), noting the term of the permit. 5. A $148.00 banner permit fee. D. Review Criteria: 1. One banner, up to a maximum of 32 square feet in size, is allowed per building street frontage. Buildings with two street frontages are allowed two banners under one permit, provided that both banners have the same beginning and expiration dates, are on separate street frontages, and Exhibit A neither banner exceeds 32 square feet. Temporary banners shall be excluded from the calculations for maximum total permanent sign area on site. 2. No banner, on whole or in part, shall include, via attachment or any other means, other windblown devices intended to attract attention such as posters, pennants, ribbons, streamers, strings of light bulbs, spinners, balloons, or other inflated objects. 3. Banners shall be allowed to be displayed for a maximum of 60 days per calendar year (all at once or in no more than four increments with a separate permit being required with each increment). Extension of banner permits shall be permissible provided that the banner does not change, the extension request is received in writing no less than two working days prior to expiration, and the business would not exceed the 60 -day maximum banner display time. 4. Banners shall be required to be attached to a building on site. 5. Banners shall not project above the eave line of the building on which they are attached. 6. If any part of the banner projects over public property, public right-of-way, or public easement, the minimum vertical clearance above grade shall be eight feet. 7. Banners may project a maximum of four feet from the outer surface of the building on which they are attached (i.e., banners on awnings) provided that they do not project to within two feet of the curbline of the street or vehicular roadway. 8. No banner shall be illuminated with artificial light that is located, or material capable of reflecting light or directing such light onto or into any adjoining or nearby lot, structure, or public right-of- way to create glare. 9. When spotlights or floodlights are used to illuminate a banner, a reflector shall be provided with proper shields or glass lenses concentrating the illumination upon an area of the banner so as to prevent glare upon the street, sidewalk or adjacent properties. All lighting shall comply with National Electrical Code (NEC) requirements. 10. No banner shall be illuminated to intensity in excess of one-half of the nearest public streetlight when adjacent to a residence or within 200 feet of a residential area. 11. No banner shall be illuminated with flashing lights, or lights that change color or intensity. 12. Banners shall be allowed for advertisement for on-site businesses only (businesses located within the building that the banner is attached). This requirement shall be tenant specific for multi - tenant buildings. M. Limitations and Prohibitions A. Obstructions: No banner shall be built, placed, posted, or affixed in any manner where a portion of the banner 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. Nor shall any banner be placed such that it will physically impede or cause hazardous obstruction to the visibility of vehicles or persons entering or exiting from doorways or driveways that are in use. Exhibit A B. Obscene or offensive to morals: No banner shall be permitted containing statements, words or pictures of an obscene, indecent or immoral character which, taken as a whole, appeals to the prurient interest in sex, and which, taken as a whole, does not have serious literary, artistic, or scientific value. C. Imitative of official signs: No banner shall imitate an official traffic sign or signal (such as a traffic sign), or contain the words stop, go, slow, caution, danger, warning, or similar words or symbols that may be construed as public notices. D. Likely to cause traffic confusion: No banner shall be of size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as traffic control device or which will hide from view any traffic or street sign or signal. E. Hazardous to traffic: No banner shall be illuminated such that glare is caused which impairs the vision of the driver of any motor vehicle. IV. Procedures A. Create Banner Permit: The Community Development Department shall create a new permit type for "Banner Permits" within its permit -tracking database. B. Planning Division Review: Banner Permit applications shall be reviewed at the Planning Division Counter, when possible, for consistency with the permit requirements listed above, and to ensure that no Banner Permits are issued in excess of 60 days in any given calendar year. Approved Banner Permits shall be entered in to the City's permit -tracking database with the date of issuance and expiration included. C. Code Enforcement Division Review: The Code Enforcement Division shall generate a weekly report of expiring Banner Permits, and shall conduct drive-by reviews to ensure that expired banners are removed. Applicants displaying banners past their expiration date, are subject to the progressive citation schedule identified in Section 14.19.030 of the Municipal Code. D. Community Develoument Report: The Community Development Department shall review its temporary banner permitting procedures and permitting requirements and prepare a report for the City Council within 150 days from adoption, on the success of the program.