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HomeMy WebLinkAbout1106 Amending Ch. 7 (Signs) and Ch. 2 (Zoning)ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTERS 7 (SIGNS) OF DIVISION 3 AND CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah City Code, Division 3, Chapter 7 (Signs) and Division 9, Chapter 2 (Zoning) are amended to allow portable signs and other objects, including those placed in the public right-of-way, and provide for other minor sign code amendments regarding banners and similar objects, signs on awnings, sign frames, freeway logo signs, community-oriented sign program, and other minor issues as indicated on the attached Exhibit ..A „ SECTION TWO The amendment to Chapter 7 of Division 3 of the Ukiah City Code includes amending Section 3222 (Building, Encroachment, and Electrical Permits) to provide a procedure for issuance of encroachment permits for signs; adding subsection O to Section 3224 (Signs Exempted from Permit Requirements) to exclude signs prohibiting offstreet parking on private property from the requirement for a sign permit; amending subsections H and K of Section 3225 (General Sign Provisions) to allow awning signs to be approved by the Planning and Community Development Department and to limit use of banners and similar signs; adding subsection L to Section 3225 (General Sign Provisions) to allow acommunity-oriented uniform sign program authorized by the City Council; amending subsections D, F, G, M and N of Section 3226 (Prohibited Signs) consistent with other amended sections, and amending subsection A5 of Section 3227 (Permitted Sign Area, Encroachment, Height, Number, illumination and Movement) to allow temporary portable signs subject to standards and criteria; and amending Section 3232(10) (Prohibited Signs) consistent with other amendments. SECTION THREE The amendment to Chapter 2 of Division 9 of the Ukiah City Code includes adding subsection F to Section 9176 (Certain Uses Permitted) to allow temporary accessory objects such as cafe tables and chairs, street furniture, racks and tables, placed in the public right-of- way, subject to standards and criteria. SECTION FOUR This amendment to Chapter 7 of Division 3 and Chapter 2 of Division 9 of the Ukiah City Code is necessary to assist in the fulfillment of the General Plan Community Design and Economic Development Elements and Redevelopment Agency Plans by maintaining a sense of place, increasing interest in commercial businesses and the downtown area, and providing for the safe and unobstructed movement of pedestrians while maintaining a visually attractive and uncluttered environment. In particular, allowance for portable signs and other objects in the public right-of-way is intended to: Promote shopping, dining, business activity in commercial and industrial zones while maintaining an attractive and uncluttered appearance. 1 Increase pedestrian traffic and interest in street level businesses. Protect the public safety and reduce obstacles to pedestrians while reducing liability to property owners and the City. SECTION FIVE The amendments in Exhibit "A" are exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15061 because, based on the information contained in the administrative record, it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment as follows: 1. The City Fire Department, Building Inspector, and Public Works Departments have been consulted and it is concluded that the proposal would not create health or safety issues affecting persons or property in the area. 2. The temporary placement of small signs in commercial and industrial zones and certain objects accessory, including placement on public sidewalks, will not disturb the environment or create visual impacts. 3. Other proposed amendments are administrative in nature or reduce potential existing visual impacts. SECTION SIX This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SEVEN This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 2, 2008 by the following roll call vote: AYES: Councilmember Thomas, McCowen, Rodin, and Mayor Crane NOES: Councilmember Baldwin ABSENT: None ABSTAIN: None Passed and adopted on April 16, 2008, by the following roll call vote AYES: Councilmember Thomas, McCowen, and Rodin NOES: Councilmember Baldwin, and Mayor Cry~x~e~ ABSENT: None 1// \I ABSTAIN: None ~ ~/1 gias r. crane, nnay ATTEST: Lin town, Jerk 2 EXHIBIT A Ordinance No. 1106 SECTION ONE Section 3222 of the Ukiah City Code is hereby amended to read as follows: Section 3222: BUILDING, ENCROACHMENT, AND ELECTRICAL PERMITS: A building permit shall be required for any sign which, in the opinion of the Chief Building Official, constitutes a structure or structural alteration. An electrical permit shall be required for any sign to be served by electricity. An encroachment permit shall be required from the City Public Works Department for any sign located within or projecting into the public right-of-way. Applications for encroachment permits under this Chapter shall be filed with the Public Works Department accompanied by a plot plan sufficient to show the details of the proposed sign size, height, any other information deemed necessary by the Planning Director or Public Works Director, and application fees established from time to time by Resolution of the City Council adopted in accordance with the procedures required by law. The Public Works Director retains the right to revoke any issued encroachment permit for a sign in the right-of-way determined to be a nuisance or detrimental to the public safety or convenience. SECTION TWO Subsection O of Section 3224 of the Ukiah City Code is hereby added to read as follows: Section 3224: SIGNS EXEMPTED FROM PERMIT REQUIREMENTS: O. Signs prohibiting parking on private property in conformance with Section 7389 of Chapter 3 of Division 8 (Traffic). SECTION THREE Subsections H and K of Section 3225 of the Ukiah City Code are hereby amended and Subsection L is hereby added to read as follows: Section 3225: GENERAL SIGN PROVISIONS: H. Awning signs are allowed subject to review and approval by the Planning and Community Development Department and securing an encroachment permit from the Public Works Department when located within the public right-of-way. Sign area shall be calculated as defined in Section 3200.05. These shall not be considered as projecting signs. K. Banners, pennants and balloons (but not other gas filled figures) may be placed on an occupant's property for: (1) a maximum of thirty (30) consecutive days per year to announce the opening of a new business (including new management); and (2) a maximum forty-five (45) days per year to advertise special activities or promote the business. The Director of Planning and Community Development shall review and approve plans for such signage to ensure that it offers no hazard to the safe movement to traffic and does not block permanent identification signs on neighboring properties. L. Signs installed pursuant to a uniform community-oriented sign program designed to provide direction, information or recognition to places, events, culture or other distinguishing aspects of the City of Ukiah. The sign program application specifying signage area, type, size, height, location, design, colors, materials and other information to ensure the sign program will enhance the vitality3 and character of the City of Ukiah shall be reviewed by the Design Review Board and such sign program authorized by the City Council. SECTION FOUR Subsections D, F, G, H, M and N of Section 3226 of the Ukiah City Code are hereby amended to read as follows: Section 3226: PROHIBITED SIGNS: D. Banners, pennants, searchlights, twirling signs, balloons or other gas-filled figures placed on an occupant's property or in the public right-of-way, except as otherwise provided by this Chapter. F. Portable or wheeled signs, except the following: 1. Real estate signs not exceeding six (8) square feet per side placed on the offered property. 2. Temporary portable signs as provided by this Chapter. G. Any sign that utilizes visible guy wires, angle irons and iron frame structures, unless construction is otherwise impractical, provided that decorative metal frames may be approved by the Director of Planning and Community Development when consistent with a historical or architectural style exhibited on the property. M. Off-premise signs: Off-premises signs shall not be permitted within the City limits, except the following: 1. Real estate "open house" signs not exceeding six (8) square feet placed on private property with permission of the property owner (directional type). Such signs shall be allowed only during hours of open house. 2. Temporary portable signs as provided by this Chapter. N. Corner Properties: Free standing, projecting, portable and other detached signs from the ground level to eight feet (8') in height shall be prohibited in the area formed by measuring at the property line a distance of thirty feet (30') from the point of intersection of the two (2) streets, and connecting at these lines in triangular fashion, provided that signs within this area may be allowed subject to approval of the Public Works Director and the securing an encroachment permit from the Public Works Department when located within the public right-of-way. SECTION FIVE Subsection A(5) of Section 3227 of the Ukiah City Code is hereby amended to read as follows: Section 3227: PERMITTED SIGN AREA, ENCROACHMENT, HEIGHT, NUMBER, ILLUMINATION AND MOVEMENT: A5. The provisions of this Section do not prohibit in addition to other free standing signs, one (1) portable sign per parcel, subject to the following: a. Sign area shall not exceed six (6) square feet per side and four feet (4') in height. b. The sign shall be removed during hours that the business is not open to the public 4 c. In cases where more than one business is located on a parcel, the total number of signs under this section shall not in the aggregate exceed the following: i. One (1) portable sign per fifty lineal feet (50') of street frontage per parcel. When four (4) or more businesses are located on a parcel under one ownership, one (1) portable sign per four (4) businesses shall be permitted. Except, on parcels within the Downtown Revitalization District where there is no setback between the building and the public right of way line and a freestanding or projecting sign is not feasible, one (1) sign per business shall be allowed, not exceeding one (1) sign per fifteen (15) lineal feet of street frontage per parcel. ii. The sign(s) allowed by this section shall be placed along the street frontage of the business; or may be oriented to parking areas, pedestrian malls or internal courts on the same parcel. iii. Parcels with no public street frontage other than the access way (flag lots) shall be allowed one (1) off-premise sign, regardless of the number of businesses, placed near the primary entrance to the parcel with either the approval of the owner of the property where the sign is placed or with the issuance of an encroachment permit if located within the public right of way. d. The sign shall at all times present a tastefully designed and well-maintained appearance. Notwithstanding their temporary nature, such signs shall not be made of cardboard or similar materials which exhibit a makeshift or haphazardly constructed or designed appearance. e. Notwithstanding Section 6170 of Chapter 3 of Division 7, signs allowed by this Section may be placed within the public right-of-way, provided an encroachment permit has been issued by the Public Works Department and compliance therewith is maintained. In addition: i. Signs in the public right-of-way shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and insure visually impaired pedestrians can detect the sign safely. Supporting members should be located within the footprint of the sign to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome-shaped support bases are prohibited. The sign shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means. The sign shall not be illuminated. ii. Sign placement shall provide for the safe and unobstructed movement of pedestrians and vehicles including adequate sight distance to the satisfaction of the Planning Director and Public Works Director. The placement of signs shall maintain a minimum five foot (5') wide clear space on any sidewalk or pedestrian path and be coordinated with other elements to provide for the public convenience, reduce hazards, and maintain an uncluttered and unobstructed appearance. Signs shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists. f. Deviations from the provisions of this subsection, excluding the requirement for issuance of an encroachment permit for signs placed in the public right-of-way, may be allowed pursuant to the approval of a Use Permit. SECTION SIX Section 3232(10) of the Ukiah City Code is hereby amended by deleting the A-frame/sandwich board illustration. SECTION SEVEN Section 9176 of Chapter 2 of Division 9 of the Ukiah City Code is hereby amended by adding subsection F to read as follows: Section 9176: CERTAIN USES PERMITTED: F. Temporary accessory objects placed in the public right-of-way. Notwithstanding Section 6230 of Division 7 of Chapter 3, the temporary placement of cafe tables and chairs accessory to an eating establishment and street furniture, such as benches and landscape planters, may be placed proximate to an existing legal use subject to the following. Racks, tables, bins and other merchandise are prohibited, except as part of a civic, patriotic or special event of general public interest taking place within the City, subject to a special events permit, or between 12:00 Noon on Fridays and close of business on Sundays, subject to the following. 1. Placement of any temporary accessory object within any public right-of-way is prohibited without securing an encroachment permit issued by the Public Works Department, including compliance with insurance requirements and any conditions placed thereon to ensure the public safety and convenience and compliance with this Section. Applications for encroachment permits under this Section shall be filed with the Public Works Department accompanied by a plot plan sufficient to show the details of the object's size, height, location and any other information deemed necessary by the Planning Director or Public Works Director, and application fees established from time to time by Resolution of the City Council adopted in accordance with the procedures required by law. Notwithstanding any provision of this Section, the Public Works Director retains the right to revoke any issued encroachment permit for any object determined to be a nuisance, detrimental to the public safety or convenience, or noncompliant with this Section. The placement of all objects shall comply with all requirements and orders of the Fire Marshal. 2. The location and dimensions of temporary accessory objects shall be coordinated with other elements and shall provide for the safe and unobstructed movement of pedestrians and vehicles and visual attractiveness to the satisfaction of the Planning Director and Public Works Director and as follows: a. The location of temporary objects shall maintain a minimum width of five feet (5') of space on the sidewalk or pedestrian path clear of obstructions caused by trees, hydrants, posts, poles and any other infrastructure or objects, and providing accessibility to site and building entryways, accessible parking and accessible passenger loading zones, and cross walks. Objects shall not obstruct more than fifty percent (50%) of the width of any sidewalk or pedestrian path that is ten feet (10') or wider, excluding the strip of land adjacent to the street where sign poles, hydrants and other infrastructure are located. b. Temporary accessory objects shall be placed adjacent to the building, unless infeasible or an alternative location would be more consistent with this Section as specified by an encroachment permit. Objects shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists. 6 c. Temporary accessory objects shall be located and maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and insure visually impaired pedestrians can detect the object safely. Supporting members should be located within the footprint of the object to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome-shaped support bases are prohibited. Platforms or sidewalk coverings prohibited. Temporary accessory objects shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means. 3. Temporary accessory objects shall be removed during hours that the business is not open to the public, with the exception of landscape planters or other approved encroachments that are consistent with the provisions of this Section as determined by the Planning Director and too heavy or not reasonably feasible to move each day as determined by the Public Works Director. 4. Temporary accessory objects shall at all times present a tastefully designed and well- maintained appearance. Furniture and objects placed by the same business shall be visually or thematically similar. Cafe table umbrellas situated so as to not pose a hazard due to tipping or injury are allowed, provided they are of muted solid color, canvas type (no vinyl or plastic) and designed specifically for outdoor patio use. Podiums, heat lamps and service objects are prohibited. Furniture and other objects shall not have any signage, logos, or other commercial representations. All objects shall be maintained in good condition, without visible fading, dents, tears, rust, corrosion, or chipping or peeling paint, and of durable and sufficiently sturdy construction so as to not pose a hazard or blow over with normal winds. Planters must have installed healthy live plants at all times. 5. Deviations from the provisions of this Section, excluding the requirement for issuance of an encroachment permit for objects placed in the public right-of-way, may be allowed pursuant to the approval of a Use Permit.