NEW BUSINESS CITY PLANNING COMMISSION AGENDA ITEM NO: 4 STAFF: MEGGAN HERINGTON FILE NO: CPC CA LEGISLATIVE

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1 Page 30 NEW BUSINESS CITY PLANNING COMMISSION AGENDA ITEM NO: 4 STAFF: MEGGAN HERINGTON FILE NO: CPC CA LEGISLATIVE PROJECT: APPLICANT: Request by the City of Colorado Springs to amend City Code Section (E), Revocable Permit, adding criteria for permitting banners in the City owned public right-of-way and amendments to multiple sections of Chapter 7, Part 4 (Sign Regulations) adding definitions, criteria for the allowance of special events signs, inflatable displays and updated criteria for the permitting of temporary banners in residential and non-residential zone districts City of Colorado Springs, Land Use Review Division PROJECT SUMMARY: Land Use Review Staff is proposing amendments to the City Code Section (E), Revocable Permits, adding Section (E)(11), Banners. This section will establish criteria for permitting banners attached to infrastructure within City owned right-of-way. This proposed Code amendment also amends Chapter 7, Part 4 (Sign Regulations) of the Zoning Code. The multiple amendments establish new definitions and new criteria for temporary banners in residential and non-residential zone districts including size, placement and duration. The proposal establishes criteria for the allowance of special events signage and inflatable displays in non-residential zone districts. The proposed ordinance language is attached as FIGURE 1. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION: Staff recommends approval of the Ordinance amending the City Colorado Springs Municipal Code as described. BACKGROUND: Part of the Comprehensive Planning Division 2009 work program was a complete overhaul of the City sign regulations. The current regulations are reminiscent of the sign code in place in the 1980 s with several significant changes made in the early 1990 s. The sign regulations have not been comprehensively reviewed since. However, the budget-cutting process that began in 2009 eliminated the sign regulation update due to lack of funds and staff. Ultimately, the Comprehensive Planning Division was disbanded and Land Use Review Staff took over some limited functions. In recent years, citizens, the sign industry and staff have all voiced concerns about the current sign regulations, the largest concerns being:

2 Page 31 Prohibition of LED signs and electronic billboards. The City currently prohibits all inflatable signs and displays. These displays are commonly used for grand openings, liquidations and sales. Promotional advertising is extremely important to existing commercial businesses and important in the promotion of new businesses within the City. The City Code does not include an allowance for special events banners. Special events banners are a good way to promote events of general public interest and generate excitement within the community. Current sign regulations do not allow any type of advertising that would be considered off-premise. All signs on buildings and properties need to relate to an event happening at that location. There is a lack of clear criteria for allowing banners attached to utility light poles in the City-owned public right-of-way as well as event banners extending over the right-of-way. Banners in the rightof-way are used in communities to add color and visual excitement to public spaces as well as to promote special events within the community. The City will issue a revocable permit for banners attached to infrastructure in the City right-of-way, but there are no criteria to follow for determining duration, placement and purpose of allowed signage. With the current staffing levels it was determined that the only issues to be addressed at this time are the issues dealing with temporary signs. The sections dealing with temporary banners in the public right-ofway and temporary banners in residential and non-residential zone districts are small fixes where a larger overhaul will be necessary in the in the future. The issues pertaining to LED signs are much larger and the process more time consuming than the current staffing can accommodate. The allowance for LED signs will be reviewed by staff through a separate planning process in the future. STAKEHOLDER PROCESS AND INVOLVEMENT: On January 7, 2010 the Land Use Review Division convened a small working group to talk about criteria for temporary signs. The Temporary Banners and Inflatable Displays Stakeholders Working Group (TBIDS) consisted of Realtors, Council of Neighbors and Organizations (CONO), Scenic Colorado, developers, Economic Development Corporation (EDC), sign companies, Citizens Project and other diversity interests. This group was brought together to assist Staff with drafting criteria that would serve as the community standard when dealing with: Criteria for temporary banners attached to infrastructure in City-owned public right-of-way, Criteria for temporary special events signage, Criteria for the allowance of inflatable displays, Changes to size, duration and placement of temporary banners in residential and non-residential zone districts. This group met several times from January through March, 2010 to discuss the types of temporary signs and criteria for those signs. The TBIDS meetings generated discussions about the community standard for signs. The discussions often led to the following concerns: How does the City regulate banners in the public right-of-way? What types of signs are appropriate on public property? Enforcement is an integral part of cleaning up the visual clutter in the City. How can/does the City enforce temporary signage requirements on commercial properties being that there are currently numerous violations and so few enforcement personnel? How can the City increase promotion of community special events with the allowance of special events signage?

3 Page 32 How can the City educate new business owners on the regulations dealing with signs in the community, and therefore reduce the number of violations. Knowledge of the Code at the onset of establishing a business will reduce the amount of violations. How does the City establish a community standard for signage while balancing the need of businesses to have promotional signage and the need to clean up the visual clutter? Staff then held a larger stakeholder meeting on March 11, 2010 reaching out to over 300 stakeholders. These stakeholders included approximately 50 sign manufacturing companies, 200 downtown business interests, religious institutions, non-profits, Chamber and EDC members. This meeting was attended by approximately 35 people interested in both banners in the public right-of-way and banners in nonresidential zone districts. A questionnaire was handed out at that meeting to gather additional input on the proposed draft. Staff spoke with numerous stakeholders throughout the process that had concerns and held several one-on-one meetings with concerned business owners. Stakeholder input varied greatly and comments from the meeting attendees were mixed. Written comments received by Staff are attached as FIGURE 2. Staff followed up with those stakeholders with revised versions of the draft document as well as notice of the Planning Commission meeting day and time. ANALYSIS OF REVIEW CRITERIA/MAJOR ISSUES/COMPREHENSIVE PLAN and MASTER PLAN CONFORMANCE: Major Elements and Implications The proposed amendment impacts City Code Chapter 3 and Chapter 7. The purpose and intent of the nine (9) sections of this proposed Code amendment are summarized as follows (E)(11): BANNERS: Section (E) establishes the uses which can be permitted through the City s revocable permit process. A revocable permit is issued by the City for the use of public right-of-way. Currently (E) does not outline criteria for making a determination on the allowance for banners attached to infrastructure in the City-owned public right-of-way. This would include banners vertically attached to utility light poles and/or banners extended over the right-of-way or attached to some type of infrastructure over the right-of way. The proposed additions to (E) establish a limited purpose for the allowance of right-of-way banners. The intent is to allow banners in the public right-of-way for the promotion of special events of general community interest and for neighborhood and district identification. This purpose is followed by a set of eleven (11) criteria that need to be met in order for the revocable to be issued. These criteria set size, duration, placement and manner for the display of banners in the right-ofway. The permitting will include a small approval sticker to be placed in the lower left-hand corner of the approved banner. While not intrusive, this approval sticker will notify that the banner is a City-approved banner through the revocable permit process. The neighborhood and district identification signage is permitted to areas that fall under the definition of neighborhood or business district as proposed in City Code Section (Definitions). Examples of banners that would fall into this category include Shop Downtown, Welcome to Old Colorado City, and Welcome to Colorado College. These types of signs would be permitted with the issuance of a one year revocable permit. That permit would have a renewal option after one year based on the condition of the banners and any other requests for the poles on which the banners are hung. Special events banners would be allowed for events that have been permitted under the special events regulations as outlined in City Code Section City Code Section defines a special event. If a special event has an events permit then application for banners in the right-of-way can be made. These types of banners would include Territory Days, Pikes Peak or Bust Rodeo, and the St. Patrick s Day Parade, to name a few. Special event signs in the right-of-way would be permitted 30 days prior to the event and taken down seven (7) days following.

4 Page 33 Establishing criteria for temporary signs in the right-of-way was very sensitive. Stakeholder input ranged from allowing all messages and sign types in the right-of-way to allowing limited signs to prohibiting signs in the right-of-way. The discussion often drifted to the First Amendment. Through the planning process it became unanimous that some type of temporary banner in the right-of-way is appropriate. Colorful banners often add visual excitement and interest to a corridor and can be a great way to promote excitement about community events. There are numerous examples of other communities limiting right-ofway signage to neighborhood/district identification and special events. San Jose, CA, Pittsburgh, PA and Salt Lake City, UT are a few examples of other cities that have crafted criteria for these specific purposes. Attached as FIGURE 3 is a matrix outlining the temporary sign criteria of example communities. This matrix was used by Staff in making recommendations for the proposed Code changes : DEFINITIONS New definitions have been added to clarify types of banners. These types of banners deal specifically with banners in the public right-of-way. The proposed amendment also defines Business District and Neighborhood. Inflatable Display, which has been prohibited in the past, is also defined (S)(1): PROHIBITED SIGNS: PORTABLE OR MOVABLE SIGNS: This section currently prohibits inflatable devices including blimps and balloons. The proposed amendment makes minor deletions to this section so that inflatable devices, including blimps and balloons, are not prohibited (I)(9)(d): OFF PREMISE ADVERTISING: EXEMPTIONS: This new section creates an exemption from off-premise advertising for signs announcing a special event. Off-premise advertising is prohibited unless exempt (J): TEMPORARY SIGNS: This section lists the types of temporary signs allowed. The amendment adds inflatable displays and special events banners to this list (J)(4)(a): BANNERS: IN RESIDENTIAL ZONE DISTRICTS: This section outlines the criteria for temporary signs in residential zones. The changes to this section include reducing the allowable timeframe for a temporary sign from 120 days per calendar year to 90 days per calendar year. Inflatable displays are prohibited. The amendment proposes to allow vertical banners no larger than 24 x48 attached to light poles. This is a new sign type that will allow a church or a multi-family project in a residential zone to display banners attached to light poles in the parking area or in common areas on the property. An approval sticker from the City s Sign Specialist would be required on the lower left-hand corner of the banner to show that it has been permitted (J)(4)(b): BANNERS: IN NON-RESIDENTIAL ZONE DISTRICTS: There are several major changes to the criteria for the allowance of banners in non-residential zone districts. Banners are proposed to increase in size for multi-story buildings. Currently the criteria states that the size of a temporary banner shall not exceed.75 square foot for each linear foot of exterior wall. The proposed amendment will keep that measurement for single story buildings, adding that a multi-story building is allowed a temporary banner at 5% of the area of the exterior wall on which it is hung and draws its allowable square footage. This can be applied to one single banner or several small banners equaling 5%. An allowance for banners no larger than 24 x 48 attached to light poles is proposed. Banners attached to light poles in parking areas are currently prohibited. An approval sticker from the Revocable Permit Coordinator would be required on the lower left-hand corner of the banner to show that it is permitted. The amendment also changes the length of time of a temporary banner from 120 days per calendar year to 90 days per calendar year. This change in duration is based on a community comparison and the fact that the changes proposed allow additional and larger signs than currently permitted. The proposed amendment states that banners hung between t-posts, attached to fences, walls and in landscape areas are prohibited. It is important to note that these types of signs are currently not addressed and it is interpreted that they are currently prohibited. The proposed language does not change the current prohibitions but reinforces that this type of signage is not allowed.

5 Page (J)(5): SPECIAL EVENTS BANNERS: The intent of this new section is to allow any building in a non-residential zone to post special events signage for a special event as defined in Section The new criteria sets standards for duration, size, placement and manner. Signs can be hung 30 days prior to the event and shall be removed seven (7) days following the event. The size allowed is the same as outlined in (J)(4)(b). This standard would be applied to any building in a non-residential zone (J)(6): INFLATABLE DISPLAYS: This new section outlines criteria for inflatable displays which have historically been prohibited in the City. The criteria, again, regulate duration, size, placement and manner. The definition of inflatable excludes balloons under 18 inches (See FIGURE 1 for a list of the proposed criteria). Recommendations for Future Actions Several recommendations surfaced out of the stakeholder process: 1. The TBIDS as well as other stakeholders were concerned with the lack of enforcement for illegal signs. Stakeholders contemplated the usefulness of these community standards without a strong enforcement component. The TBIDS recommend looking at a comprehensive sign permitting and enforcement program. Higher fines and fees for violations and higher permitting costs could potentially pay for a full-time sign permit/inspection position. Analysis of the permitting numbers shows that only about 5-10% of business owners obtain the required permits for temporary signs. A stronger enforcement program would aid in cleaning up the visual clutter as well increase the fees that the City could be collecting. The TBIDS recommended that the City take a comprehensive look at the sign permitting and enforcement program and research ways to make this a self-funded program that would clean up the visual clutter and bring funding into the City. 2. In lieu of a strong enforcement program the stakeholders felt that education on the permitting procedures and criteria is extremely important. Often business owners don t know what the permitting requirements are. It was suggested that the City design a sign guide to be handed out with sales tax licenses and at the Chamber, Regional Building and other business partnerships. This sign guide would be designed as a cheat sheet for new business and a way to let them know about the Code requirements and the community standard. Staff will continue to work with the TBIDS group to develop this sign guide as an informational handout. Staff will then work with the Chamber, EDC and others to insure that this guide is included in the information given to new businesses. 3. The stakeholder process spurred lengthy discussion regarding the permitting fees the City charges for the revocable permit for banners in the right-of-way and the permit for temporary banners attached to buildings. The current revocable permit fee is $ This is the fee regardless of the number of banners requested to be hung with each permit. The fee for a temporary banner in a residential or non-residential zone district is $ Staff is recommending that these fees be re-evaluated as part of the yearly fee analysis. The revocable permit fee should be based on the number of signs requested. The temporary banner permits should be based on the staff costs to permit and inspect these signs. New banner fees should then be instituted in 2011 based on this fee analysis. 4. The TBIDS working group would like to reconvene in a year to talk about the changes - what s working and what s not. Staff will track the permitting for these temporary banners and report out to this group how the Code change has been instituted as well as discuss the educational and enforcement components going forward. Conformance with the City Comprehensive Plan The Comprehensive Plan does not include specific policies or goals related to street banner regulations. There are, however, objectives, goals and policies related to the need to enhance neighborhood identity and create gateways using elements of urban design.

6 Page 35 Objective CCA 2: Quality Designed Streets Policy CCA 201 Develop a Streetscape Design Plan Strategy CCA 201c Revise the Sign Ordinance to Reduce Sign Clutter: Revise the sign ordinance to reduce the proliferation of signs in commercial zones, particularly in activity centers and along major transportation corridors. Objective CCA 3: Improve the Character of Individual Areas and Elements of the City. Policy CCA 301: Foster the character of individual areas and elements within the community. Strategy CCA 301c: Promote Downtown Policy CCA 501: Support enhanced Civic Design. Strategy 501b: Locate and design public places to give quality, identity, and focus to the community It is the finding of the Land Use Review Division that the Code amendment is consistent with the City s Comprehensive Plan and its goals and objectives. STAFF RECOMMENDATION: ITEM NO: 4 CPC CA AMENDMENTS TO CITY CODE Approve the Ordinance amending City Code Section (E) - Revocable Permit, adding criteria for permitting banners in the City owned public right-of-way and amendments to multiple sections of Chapter 7, Part 4 (Sign Regulations) adding definitions, criteria for the allowance of special events signs, inflatable displays and updated criteria for the permitting of temporary banners in residential and non-residential zone districts.

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Memorandum. nl2/«o SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: Harry Freitas

Memorandum. nl2/«o SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: Harry Freitas COUNCIL AGENDA: 12/13/16 ITEM: 4.3 CITY OF SAN JOSE CAPITAL OF SILICON VALLEY Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Harry Freitas SUBJECT: SEE BELOW DATE: November 23, 2016 Approved Date