CONSIDERATION OF PROPOSED DEVELOPMENT CODE AMENDMENTS

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Juliana Ford
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1 Agenda Item No. 4.a REPORT TO MAYOR AND COUNCIL TO THE HONORABLE MAYOR AND COUNCIL: DATE: SUBJECT: CONSIDERATION OF PROPOSED DEVELOPMENT CODE AMENDMENTS Report In Brief The purpose of this report is to provide a status update on the implementation of the Development Code and to seek Council direction on outstanding items in the Code that remain to be addressed with future modifications. Based on input from the Planning Commission and acknowledging limitations on staff resources, it is recommended that study and proposed revision of the Development Code regulations governing Temporary Promotional Signs be given top priority. Study of revisions to this section of the Development Code would provide the most overall benefit, as only reformatting (not updating or redrafting) of the sign regulations was included in the Development Code Update project. If directed by the City Council, the Temporary Promotional Sign regulations will be reviewed to determine how the code could provide more flexibility and specificity in the use of these types of signs, and will address regulations around temporary signage for new automobile dealerships. In addition, the Planning Commission identified and prioritized other topic areas for study as updates to the Development Code, and these are listed later in this report. If Council supports the staff recommendation, staff will work with the Planning Commission to develop a draft ordinance amendment addressing Temporary Promotional Signs. Staff recommends that the City Council review the agenda report and proposed approach, and provide direction to staff. Background On October 17, 2012, the Planning Commission held a study session to discuss outstanding Development Code issues and establish the Commission s priorities. The Commissioners concurred that the sign regulations, which had not been substantially addressed as part of the Development Code Update process, were their highest priority for review. While the Commission gave no specific direction, they did express concerns with temporary signs and how they are enforced. Other topics for regulatory review and update, in order of Planning Commission priority, included: (1) updating the Citywide Design Guidelines, (2) adding provisions for vehicle charging stations in accordance with State law, and (3) studying regulations and issues around mobile food trucks. Staff has reviewed the work effort and resources required to address each of the identified priorities. It was determined that the issues concerning mobile food trucks could be addressed with a relatively minor text amendment. This would be incorporated into the next

2 Page 2 quarterly update of the Development Code anticipated to be presented to the Planning Commission in April, 2013, and to Council shortly thereafter. The addition of new regulatory provisions for vehicle charging stations is also straightforward, with technical resources and sample zoning code language readily available. These changes could also be addressed in the next quarterly update of the Development Code. A comprehensive update of the Citywide Design Guidelines will require much more extensive staff effort and additional technical resources that are not currently budgeted. It is anticipated that a component of the Downtown Concord Specific Plan that must address design guidelines will establish some of the necessary groundwork for an update to the Citywide Design Guidelines. As a result, staff recommends that this project be deferred until the Downtown Concord Specific Plan has been completed. The remaining Development Code item that is also a high Planning Commission priority is a comprehensive update of the sign regulations. The original proposal for the Development Code Update project included only minor revisions to the sign regulations to update regulations for specific zoning districts, add new provisions for Mixed Use Districts, add standards for properties formerly zoned Planned District 1, incorporate sign regulations from the Community Design Guidelines, and rewrite provisions as needed for clarity. The Planning Commission reviewed preliminary draft revisions to the sign regulations at a study session in March 2012 at which time they suggested a more in depth review which would include the Design Review Board. However, the Commission gave no specific direction as to areas of study. Given that little time has been allowed to pass in order to assess the performance of the majority of the new sign regulations and identify the areas of concern for a more in depth review staff recommends that the first step be a focused review of regulations governing Temporary Promotional Signs. Discussion A. Sign Regulations Preparation of a comprehensive update of the sign regulations is a major undertaking. Sign regulations are probably the most subjective and controversial topic in zoning ordinances. A comprehensive update of the sign regulations would require adoption of a work program with funds budgeted for consulting and design services and dedicated City staff, similar to the program adopted in 2010 for completion of the Development Code Update. In addition, a comprehensive update of the sign regulations should include a wide range of interested stakeholders, including representatives from the City Council, Planning Commission, Design Review Board, sign industry, business community, and Concord residents. At this time staff is currently engaged in the Citywide Climate Action Plan, Complete Streets Amendment to the General Plan, and the Downtown Specific Plan; all of which have significant community outreach requirements that would compete with an effective effort to update the overall City sign regulations. 1 The Development Code eliminated the Planned District (PD) zoning classification for all non-residential properties. All properties have been rezoned to a district that is consistent with their General Plan land use designation.

3 Page 3 Since the Development Code did include new sign regulations for properties formerly zoned Planned Development and reorganized the regulations carried over from the old Zoning Ordinance, staff recommends delaying a comprehensive review of the sign regulations in order to provide time to monitor the effectiveness of the current regulations. Staff has identified a few omissions and some provisions in the sign regulations that need further clarification (none of these minor changes represent policy changes to the City s current sign regulations) and these will be addressed in the next quarterly clean-up amendment proposal, along with regulations that address vehicle charging stations and mobile food trucks, anticipated to come before the City Council in early B. Temporary Promotional Signs Staff recommends that the first topic within the sign regulations to receive comprehensive review and consideration will be the regulations governing Temporary Promotional Signage for non-residential uses. This section of the previous Zoning Ordinance was not studied or addressed as part of the Development Code Update due to the complexity of issues it raises and the amount of public outreach that must be included in the process. Specifically, Temporary Promotional Signage issues have been repeatedly raised in the past with the existing regulatory provisions regarding temporary banners, A-frame signs, flag or feather signs, wire landscape signs, animated signs, and special signage for new automobile dealerships, including balloons and inflatable figures. The information provided below reviews existing regulatory provisions and permit procedures and identifies standards that could be modified to provide more flexibility such as: the types of temporary signs allowed, the duration and frequency of temporary signs, and the related impact on Code Enforcement activities. a. Existing Temporary Promotional Sign Provisions As noted earlier, for a number of reasons, the Development Code Update project did not study or modify provisions for temporary signs. Currently, the only temporary signs that are regulated in the Code are temporary banners and menu board signs (allowed only for sidewalk cafes in the downtown). The Code also addresses construction signs real estate signs (as defined), and political signs, although if these types of temporary signs meet the limitations in the Code then they are exempt from further regulation (Sec Exempt signs with limitations.) The Code currently prohibits animated and moving signs, including human -powered signs ( sign flippers ), signs with brilliant lights, off-site signs, flags, balloons or inflatable devices, pennants, streamers, feather signs and A-frame signs (except as otherwise allowed for sidewalk cafes in the downtown). Special provisions for allowable temporary signs include: Banners, defined as any sign of lightweight fabric mounted to a pole or building, are only allowed for grand openings, special sales, or events, for up to 30 days, every six months (every 150 days).

4 Page 4 A-frame signs or portable signs are only allowed as menu boards for sidewalk cafes in the downtown (See CMC Streets, Sidewalks, and Other Public Places Sec ). b. Enforcement Sign regulations are only effective if they are enforced. Enforcement of illegal temporary signs in Concord has fluctuated over the years from almost no enforcement, or enforcement based on complaints, to proactive enforcement where the Neighborhood Services Division (now the Code Enforcement Division within the Police Department) actively sought out and cited illegal signs. Temporary signs require issuance of a 30-day permit, which is tracked and enforced upon expiration. Currently, the provisions are enforced when Code Enforcement staff receives a complaint. Due to the City s focus of enforcement efforts to help reduce criminal activities, enforcement of illegal signs has not been made a high priority, and is largely complaint-driven. As a result, there are numerous illegal signs throughout the City. Some of the more visible violations include the use of inflatable figures at the automobile dealerships, and the use of flags, streamers, balloons, multiple banners on light poles and buildings at new and used automobile dealerships. Violations also include banners on commercial properties, and the use of A-frame signs along Clayton Road and at the perimeter of a number of shopping centers and the proliferation of feather or air-blown animated signs near the edge of roadways and driveway entrances. A side effect of enforcement is the impact or perceived impact on businesses. Concord s Economic Development program seeks to encourage investment, attract new businesses, and help businesses grow and flourish. Signage is one method that retail businesses use to get more exposure especially during difficult economic times. However, the proliferation of temporary signs and illegal signs can also be negatively perceived by some business sectors and in some commercial locations as detracting from the aesthetics and economic vitality of an area. c. Temporary Promotional Sign Options One of the main goals of the Development Code Update was to adopt clear, consistent regulations and procedures that are business-friendly in order to attract and retain high quality development. Given the wide range of temporary signs that appear throughout the City, staff compared Concord s temporary sign provisions with a number of other cities. It should be noted that all of the cities included in this survey require some type of permit for temporary signs, and that there is a cost associated with those permits. In this way cities ensure that all temporary signage meets the regulations that are in place, and that each business is treated fairly and equitably.

5 Page 5 A number of cities in the region have more lenient provisions for temporary banners and other small scale temporary promotional signs than Concord. Regulations vary but include provisions for longer duration, increased frequency, larger maximum size requirements, and greater variety of types of temporary signage. Examples include: City of Concord: One Banner sign only (no size limit) for grand openings and special sales displayed for 30-days, and not more than once every 150 days. City of Pleasant Hill: Allows two temporary wall signs (banners), not on the same wall 25 sq. ft. maximum (unless otherwise approved for 100 ft. + frontage) Allows A-frame signs (not in public right of way) Each temporary sign allowed for 20 days up to 6 times/year Allows moving, flashing, or animated sign; searchlight; flag; pennant; streamer; spinner; air blown or similar no more than 7 days, 6 times/year. City of Pittsburg: Allows promotional signs, balloons, and banners Sale or promotional signs allowed for 5 days Grand opening allowed for 15 days after opening or 21 days after installation Up to 3 times/year City of Antioch: Allows banners, flags, and other advertising devices except balloons 10 days, 4 times/year Banners and flags at automobile dealerships allowed without any time restrictions. City of Dublin: Allows temporary promotional signs including balloons, 21 days/year Up to 2 banners for special promotional events for 21 consecutive days, every 42 days. Allows 1 Going-Out-of-Business sign or grand opening sign for 60 days; Allows searchlights up to 21 days/year d. New Automobile Sales Promotional Signage A few cities, including Dublin, Roseville, Auburn, and Hayward, have adopted standards for promotional temporary signs specific to new automobile dealerships. Currently, the City of Concord has no specific regulations for temporary signs for new automobile dealerships.

6 Page 6 City of Hayward: Promotional event and grand opening signs are allowed to foster an auto row, including: Uniform banners along the street frontage One large banner (16 28 sq. ft.)/30 ft. frontage One small banner (8-16 sq.) /400 sq. ft. parking and auto display area City of Dublin: Automobile/Vehicle Sales Allows Automobile/Vehicle sales flags; One per light pole; No limit to duration Allows balloons tethered to the ground for periods of up to 21 days City of Auburn: Automobile Sales Promotional Signage Allows bunting, banners, flags, posters, pennants, ribbons, streamers, and similar articles Allows balloons under 14 inches in diameter Does not have any size, duration, or quantity limitations City of Roseville: Auto Mall Signs Allows one electronic reader board at the Auto Mall entrance as part of a master sign program for the entire Auto Mall with the size determined via use permit. Outreach & Time Frame Based on the information in this report, staff has identified alternatives for action for the Council s consideration. If the City Council directs staff to enhance the variety, lengthen the duration, and increase the frequency for Temporary Promotional Signs, such revisions would be drafted and public outreach would be conducted with the Chamber of Commerce, new Auto Dealers, Todos Santos Business Association, and the business community in general during February and March, Staff would bundle the proposed revisions to the Temporary Promotional Sign provisions with the other clean up amendments addressing vehicle charging stations and mobile food trucks for Planning Commission review in April and Council review in May Fiscal Impact Amendments to the Temporary Promotional Sign regulations will not have a fiscal impact on the City.

7 Page 7 Alternatives for Action 1) Direct staff to study and develop revisions to the Development Code provisions for Temporary Promotional Signs rather than a comprehensive review of the sign regulations. 2) Direct staff to develop sign regulations that apply specifically to automobile sales land uses, defining whether the standards should apply to new automobile dealerships. 3) Take no action as this time. Recommendations for Action Staff recommends the City Council hear the report, take public testimony, and direct staff. Valerie J. Barone City Manager Valerie.Barone@ci.concord.ca.us Prepared by: Cathy Munneke, Principal Planner cathy.munneke@cityofconcord.org Reviewed by: Carol Johnson, AICP Planning Manager carol.johnson@ci.concord.ca.us Victoria Walker Community and Economic Development Director victoria.walker@ci.concord.ca.us

CITY OF GOODYEAR CITY COUNCIL ACTION FORM

CITY OF GOODYEAR CITY COUNCIL ACTION FORM AGENDA ITEM # DATE: October 20, 2010 COAC NUMBER: 10-4531 SUBJECT: Amendment to Article 7 (Sign Regulations) of the Zoning Ordinance regarding temporary signs