CC Study Session - Umbrella Signs - 2007r
B. Consider Changes to Campbell Zoning Code Concerning "Umbrella" Signs
in the C-3 (Central Commercial) Zoning District
Interim Community Development Director Young-Lind -Staff Report dated
September 4, 2007
Interim Director Young-Lind summarized the staff report stating that current
regulations allow businesses to have umbrellas without logos or
business/product names. Ms. Young-Lind presented some options for Council
consideration which might include total deregulation of umbrella signs, allow
umbrella signs with some restrictions, or maintain the current practice.
Following discussion, the consensus of the City Council was to maintain the
current practice of allowing umbrellas without logos or business/product names.
C. Oral Requests
There were no Oral Requests.
ADJOURN STUDY SESSION
Mayor Furtado adjourned the meeting at 7:15 p.m.
APPROVED:
Daniel E. Furtado, Mayor
ATTEST:
Anne Bybee, City Clerk
Minutes of 9/4/2007 City Council Study Session 2
STUDY SESSION ITEM B
MEMORANDUM
To:
From:
Via:
OF ~ CA,yn
;~~ ~F
Community Development Department
of
L
•~RCH AA~•
Honorable Mayor and
Members of the City Council
Date: September 4, 2007
Daniel Vanwie, Interim Planner I
Jackie C. Young Lind, Acting Community Development Director
Daniel Rich, City Manager ~,
Subject: Study Session to consider changes to the Campbell Zoning Code concerning
"umbrella signs" in the C-3 (Central Commercial) Zoning District.
PURPOSE
This study session is intended to explore the issue of "umbrella signs" in Campbell.
BACKGROUND
The Zoning Code 21.30.020 provides the following definition for "sign":
Any structure, device, figure, painting, display, message placard, or other contrivance, or
any part thereof, situated outdoors or indoors, which is designed, constructed, intended,
or used to advertise, or to provide data or information in the nature of advertising, to
direct or attract attention to an object, person, institution, business, service, event, or
location by any means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination, or projected images.
In conformance with this definition, staff has always determined that table umbrellas associated
with outdoor seating areas (which require an Outdoor Seating and Display Permit) constitute
signs ("umbrella signs"), if logos and/or business/product names are printed on them.
Currently, Outdoor Seating and Display Permits are required for all outdoor seating areas. Permit
requirements for businesses in the' C-3 Zone (Downtown) are specified in CMC §21.10.060.H
(Reference Attachment 3), and for all other applicable zoning districts in CMC §21.36.150
(Reference Attachment 4). Both of these sections provide minimum requirements for outdoor
seating areas. The C-3 Zone has different requirements because outdoor seating areas in
Downtown are located on public (right-of--way) property, whereas in other zones they are located
on private property.
Campbell Municipal Code (CMC) §21.10.060.K (Reference Attachment 1) currently allows
businesses located in Downtown (in the C-3 Zone) to have two signs. Each business may install
City Council Study Session - ° umbrella Signs" in the C-3 Zoning Distri~~ Page 2
either a wall sign or awning-sign (corner businesses are allowed two of either sign), and one
projecting sign. Businesses outside Downtown are subject to the provisions of the City's Sign
Ordinance (§21.30) (Reference Attachment 2) which permits wall signs, projecting signs, and
free-standing monument signs. As additional exterior signage is not permitted for business in or
outside of Downtown, only umbrellas without logos or business/product names are permitted
pursuant to an Outdoor Seating and Display Permit.
ISSUE
Current policy has had the effect of disallowing standard corporate branded table umbrellas.
Concerns have been raised that current policy is overly restrictive on merchants, who might like
to use branded table umbrellas. However, without the de-facto prohibition in effect now, the City
could not control the appearance of umbrella signs. Due to constitutional First Amendment
limitations, the City cannot draw a distinction between tastefully done umbrellas with advertising
of the respective businesses, and promotional umbrellas that advertise specific products that are
sold on site (e.g. beer).
POLICY OPTIONS
There are a range of possible policy options:
• Total deregulation of umbrella signs.
• Allow umbrella signs with some restrictions (e.g., restrict the number of umbrella signs,
limit signage area, etc.).
• Maintain the current practice.
STAFF RECOMMENDATION
Should Council be interested in exploring alternatives, staff recommends referring this issue to
the Planning Commission for their consideration of the options and to make a recommendation
to City Council. Should that occur, further exploration of this issue would have to be
incorporated into the existing staff and Commission work load as feasible.
City Council Study Session - Jmbrella Signs" in the C-3 Zoning Distri.,~ Page 3
ATTACHMENTS
1. CMC § 21.10.060.K -Sign regulations for C-3 (Central Business) Zoning District.
2. CMC § 21.30.080 -Permanent Signs.
3. CMC §21.10.060.H -Standards and Permit Requirements for Outdoor Seating.
4. CMC §21.36.150 -Outdoor Seating.
Attachment ~~1
CAMPBEI T 'VIUlvICIPAL CODE, TITLE 21- ZOIVIN^ CODE
i ~'
21.10
Commercial and Industrial Districts
K. Sign regulations for C-3 (Central Business) Zoning District. The following provisions shall apply
to the C-3 (Central Business District) Zoning District only and shall supersede those listed under
Chapter 21.30 (Signs):
1. Intent. The intent of these regulations is to stimulate creative, good quality signing which will
complement the intimate scale and architectural character of the area, and which will complement
the architectural style of the building to which the signing is fixed.
2. Allowable signs. Each business shall be allowed one square foot of sign area for each one linear
foot of business frontage. A minimum of 20 square feet is allowed and a maximum of 40 square
feet is allowed for each business.
3. Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal,
painted fabric, and similar materials'. Plastic signs should not be approved unless it is
demonstrated that the use of the plastic signs at the proposed location would be more harmonious
with the purpose of this Paragraph L than the foregoing enumerated materials.
4. Wall signs. Each business may have one wall sign, except corner businesses, which may have
two. This sign shall be located below the top of parapet on single story buildings and below the
second floor sill on multistoried buildings. It may be painted directly on a wall, a sign panel
attached to a parapet wall, or of individually formed letters attached to a wall.
5. Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be painted, silk
screened or appliqued onto the awning. Awnings may project five feet into the public right-of-
way on Campbell Avenue and shall maintain a minimum clearance of eight feet from the ground.
All other streets shall be limited to a two-foot projection and have a minimum clearance of eight
feet. Awnings shall be securely attached to buildings and well maintained. No supports or poles
may be located in the public right-of--way. Awning forms shall be carefully chosen to
complement the architectural style of the building to which they are fixed.
May 2004 2-46
CAMPBE' MUNICIPAL CODE, TITLE 21- ZONI' 'CODE
Commercial and Industrial Districts
21.10
Figure 2-1
Awning
6. Projecting signs.
a. In addition to a wall sign or awning sign, a business is allowed one, non-illuminated, double-
sided projecting sign. The projecting sign may be a maximum of six square feet and may
serve to identify more than one tenant in the building.
b. Signs may project a maximum of four feet over the public right-of--way with a minimum
eight-foot clearance from the ground. Signs shall not project above any roofline or facade of
the building.
c. Projecting signs shaped as symbols depicting the goods or services being sold by the business
are encouraged.
d. Wood signs, that are carved, painted, stained, or feature raised letters and symbols are
specifically encouraged.
e. Sign colors should relate to material or paint scheme of the building. Fluorescent colors are
not allowed.
f. Internally or externally illuminated signs are not allowed, nor are can signs, metal signs, neon
signs, or flashing signs.
g. Projecting signs shall be mounted perpendicular to the street and may be hung from coverings
over sidewalks or affixed to the building wall.
(1) Signs shall be structurally attached to the building with wood, metal brackets, chain, or
other similaz materials in a manner compatible with the architectural style of the building.
(2) Fabric signs shall be anchored to the building from both the top and bottom of the sign.
2~7 May 2004
CAMPBEI T MUNICIPAL CODE, TITLE 21- ZONI)`T^--CODE
21.10 Commercial and Industrial Districts
Figure 2-2
Projecting Sign
7. Lighting. Only external illumination of signs is allowed except for individual letter signs.
L. Nonconforming uses and structures in the C-3 (Central Business District) Zoning District.
Nonconforming uses and structures shall be governed by the standazds set forth in Chapter 21.58
(Nonconforming Uses and Structures), except that whenever a nonconforming use has been
abandoned or discontinued for a continuous period of six months, the nonconforming use shall not be
reestablished; and the use of the structure and the site shall comply with the regulations for the C-3
zoning district.
May 2004 2-48
Att4.cl~t'+P~t ~~2
21.30.080 Permanent signs.
A. Commercial and/or industrial development. On-
s,ite signs for commercial (except the C-3 District) and
industrial uses shall comply with the following standards.
Standards for the C-3 zoning district are provided in Sec-
932-85 (Campbell 12/06) T
21.30.080
tion 21.10.060, C-3 (Central business district) zoning
district.
1. Wall signs. Wall signs shall be allowed as
follows:
a. The size of each individual sign shall
not be greater than one square foot of sign area for each
linear foot of business frontage, on which the sign is lo-
cated. No sign shall be greater than fifty square feet.
Each sign shall be allowed a minimum of twenty square
feet,
b. Each business shall be allowed one
wall sign. Businesses that are located adjacent to two
streets (on a corner) shall be allowed one additional wall
sign to face the second adjacent street if the business is
not identified on a freestanding sign,
c. Wall signs shall be mounted parallel
to the building;
2. Freestanding signs. Freestanding signs
shall be allowed as follows:
a. One freestanding sign shall be allowed
for each parcel of land or commercial center, whichever is
less,
b. The size of each individual sign shall
not be greater than one square foot of sign area for each
linear foot of business frontage, on which the sign is lo-
cated. No sign shall be greater than fifty square feet.
Each sign shall be allowed a minimum of twenty square
feet,
c. The maximum height of a freestanding
sign shall be fourteen feet,
d. The support structures for all free-
standing signs shall be surfaced in a manner to appear to
be of the same materials, color and texture as the build-
ings located on the site;
3. - Individual signs for occupants in the same
building or commercial center shall be of the same design.
Section 21.30.030(H) (Master sign plan required) may re-
quire a master sign plan in compliance with that section;
4. Signs shall not project over a public
right-of-way for a distance greater than two .feet. Any
sign projecting over public property shall have a minimum
of ten feet clearance extending from the level of the
sidewalk or grade, immediately below the sign, to the low-
est point of the projection;
(Campbell 12/06) 432-86
21.30.080
Y
5. Any illumination shall be provided by inte-
rior lights or reflectors concealed in shrubbery or deco-
rative structures. Illumination shall not cause glare on
surrounding streets or adjacent property;
6. Gasoline stations, in addition to other
signage as allowed under this section, may be allowed a
maximum of two changeable gaso-line or other motor vehicle
fuels price signs, not to exceed sixteen square feet each.
The sign(s) shall be attached to an approved freestanding
sign, building, canopy, or secured to the property.
B. Office development. On-site signs for off ice
buildings shall comply with the following standards:
1. The total display area for all signs for
any one parcel or commercial center, whichever is less,
shall be no greater than eighty square feet and no single
sign shall have a display surface greater than forty
square feet;
2. Any illumination shall be provided either
by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause glare
on surrounding streets or adjacent property;
3. Signs may be attached to or painted on the
building or they may be freestanding. If attached, the
signs shall be parallel to the building wall and shall not
project above the roof-line nor extend beyond one foot of
the wall. If freestanding, the signs shall not project
over a public property for a distance greater than two
feet nor be higher than fourteen feet. The support struc-
tures for all freestanding signs shall be surfaced in a
manner to appear to be of the same materials, color and
texture as the buildings located on the site. Any sign
projecting over a public right-of-way shall have a minimum
of-ten feet clearance extending from the level of the '
sidewalk or grade, immediately below. the sign, to the low-
est point of the projection;
4. Individual signs for occupants in the same
building or commercial center shall be of the same design..
Section 21.30.030(H) (Master sign plan required) of this
chapter may require a master- sign plan in compliance with
that section.
C. Public/semi-public and institutional develop-
ment. On-site signs that identify .public or semi-public
buildings or grounds, institutional uses, or places of
worship shall be allowed, provided that:
432-87 (Campbell 12/06)
21.30.080
1. The total display area of all signs shall
not exceed forty square feet;
2. Any illumination-shall be provided by inte-
rior lights or reflectors concealed in shrubbery or deco-
rative structures. Illumination shall not cause glare on
surrounding streets or adjacent property;
3. The signs may be attached to or painted on
the building or freestanding. If attached, the signs
shall be parallel to the building wall to which it is at-
tached and shall not project above the roof-line nor ex-
tend beyond one foot of the wall. If freestanding, the
signs shall not project over public property and shall not
be more than six feet-high. The support structures for
all freestanding signs shall be surfaced in a manner to
appear to be of the same materials, color and texture as
the buildings located on the site.
D. Multi-family residential developments. On-site
signs pertaining to the prospective sale, rental, or lease
of real property of multi-family dwellings shall comply
with the following standards:
1. The total display area for all signs for
any one complex shall not be greater than eighty square
feet and no single sign shall have a display surface
greater than forty square feet;
2. Any illumination shall be provided either
by interior lights~or reflectors concealed. in shrubbery or
decorative structures. Illumination shall-not cause any
glare on surrounding streets or adjacent property;
3. The signs may be attached to or painted on
the building or freestanding. If attached, the signs
shall be ,parallel to the building wall to which it is at-
tached and shall not project above the roof-line nor ex-
tend beyond one foot of the wall. If freestanding, the
signs shall not project over public property and shall not
be more than six feet high. The support structures for
all freestanding signs shall be surfaced in a manner to
appear to be of the same materials, color and texture as
the buildings located on the site.
(Campbell 12/06) 432-88 ...
CAMPBEr', MUlvICIPAL CODE, TITLE 21- ZON?"'G CODE
Attachmcnt #3
21.10 Commercial and Industrial Districts-
y
H. Standards and permit requirements for outdoor seating and merchandise display within the
public right-of--way. The following standards govern the provision of outdoor seating/dining areas
and the outdoor display of merchandise within the public right-of--way (sidewalk) in the C-3 zoning
district. These standards are minimum standards and additional requirements may be added through
the discretionary review process.
May 2004 2-40
CAMPBr MU1vICIPAL CODE, TITLE 21- ZON :CODE
Commercial and Industrial Districts 21.10
1. Permit required. Outdoor seating and merchandise displays may be allowed subject to approval
of an Outdoor Seating and Display Permit by the Community Development Director. Approval is
subject to the standards provided below and any other conditions as may be deemed necessary by
the Community Development Director in order to protect the health, safety, and welfare of the
City.
2. Application. Application for an Outdoor Seating and Display Permit shall be filed with the
Community Development Department. The application shall be accompanied by a plan set,
drawn to scale, depicting sidewalk dimensions, the location of seating, tables, umbrellas, and
merchandise displays together with other information and exhibits as required by the Community
Development Director.
3. General standards.
a. Afour-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk.
This walkway shall provide for pedestrian access to doorways, crosswallcs, and along the
public sidewalk. No part of the walkway shall be within two feet of the building face or
within one foot of the face of curb, and the walkway shall not cross the path of outward-
opening doors or windows.
b. All tables, seats, and displays shall be placed inside at the end of each business day.
c. Material placed on the sidewalk shall be secured so as not to be moved by the wind.
However, tables, seats, or displays may not be bolted into the ground or secured to the
streetlights, trees, or other street furniture.
d. The permit holder is responsible for picking up all litter associated with the outdoor seating or
display and shall maintain the area in a clean condition at all times.
4. Outdoor seating.
a. Outdoor seating shall be located directly in front of the permit holder's tenant space as set
forth in the approved application and accompanying plans.
b. Tables, seating, or displays shall not be placed within the area of any disabled ramps,
driveways, or doorways.
c. Tables or seating shall not be placed in the street, or on the sidewalk within two feet of the
face of curb.
d. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical
clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the
table, and shall not extend past the curb.
e. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be
attractive, made of durable materials, and be maintained in good repair and in a manner to
enhance the downtown area.
2~1 May 2004
CAMPBET-T. MUNICIPAL CODE, TITLE 21- ~ONI"TG CODE
21.10 Commercial and Industrial Districts,
5. Outdoor Displays.
a. Outdoor merchandise displays shall be placed against the building face abutting the permit
holder's tenant space and shall be limited to 50 percent of the business frontage.
b. Tenants on corner lots are permitted displays along one frontage only.
c. Merchandise shall be attractively displayed on appropriate racks or other similar stands.
Displays using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not
permitted. Merchandise too lazge to be placed on a display may be freestanding.
d. Displayed merchandise shall be the same type of merchandise sold in the existing business at
the site.
e. Displays, including the merchandise placed on them may not be more than four feet high.
The Community Development Director may approve displays greater than four feet if it can
be found that the display will not block the visibility of windows of that business.
£ One sign, not to exceed one square foot, per display is permitted for pricing. "A" framed
signs and other types of signage shall not be considered displays.
6. Indemnification/insurance. The permit holder shall indemnity, defend and hold the City, its
agents, officers, attorneys, employees, and officials harmless from any and all claims, causes of
action, injuries, or damages arising out of any negligent acts on part of the permit holder, its
agents, officers, employees, or anyone rendering services on their behalf. This indemnity shall
include all reasonable costs and attorney's fees incurred in defending any action covered by this
provision.
a. The permit holder, during the continuance of this permit and at no cost to the City, shall
maintain a comprehensive liability policy in the amount of $1,000,000.00 and if applicable a
workers compensation liability policy each with a minimum coverage of $100,000.00.
b. The policy shall include the City as additional insured and shall apply as primary insurance
and shall stipulate that no other insurance effected by the City will be called on to contribute
to a loss.
Before the issuance of a permit, the permit holder shall furnish to the City a certificate of
insurance, duly authenticated, evidencing maintenance of the insurance required under this
permit.
d. If the insurance policy is canceled, terminated, suspended, or materially changed, the Outdoor
Seating and Display Permit shall be suspended until the time that compliance with the
requirements of this Subparagraph 6 has been fully satisfied.
May 2004 2-42
CAMPT~ELL MUNICIPAL CODE -TITLE 21, ZONING rODE At: tachment ~~4
21.36 Provisions Applying to Special Uses
21.36.150 -Outdoor Seating,
This Section provides standards for the provision of outdoor seating/dining areas on private property.
A. Applicability. Outdoor seating/dining areas shall be allowed in the C-1 (Neighborhood
Commercial), C-2 (General Commercial), and P-D (Planned Development) zoning districts. These
provisions are not applicable to outdoor seating in the C-3 (Central Business District) zoning district.
See Section 21.10.060.I. (Standards and permit requirements for outdoor seating and merchandise
display within the public right-of--way).
B. Permit requirements. Outdoor seating shall be allowed subject to approval of a Zoning Clearance
by the Community Development Director. The number of outdoor seats that may be approved by the
Community Development Director shall be 10 percent of the total seating, up to a maximum of 12
outdoor seats. Approval is subject to the standazds provided below and any other conditions as may
be deemed necessary by the Community Development Director in order to protect the health, safety,
and welfare of the City. If the outdoor seating exceeds 12 seats, a Conditional Use Permit shall be
required in compliance with Chapter 21.46 (Conditional Use Permits).
C. Application requirements. Application for a Zoning Clearance shall be filed with the Community
Development Department. The application shall be accompanied by a plan set, drawn to scale,
depicting seating area dimensions and the location of tables, seating, and fence/landscape buffers,
together with other information and exhibits as required by the Community Development Director.
D. General standards.
1. Buffer. The outdoor seating azea shall be surrounded by a fence, landscape planters, or similar
appropriate bamer of a type, design, and height approved by the Community Development
Director. The fence, landscape planters, or other approved barrier shall be maintained in a
manner satisfactory to the Community Development Director.
2. Noise. Noise generated from an outdoor dining and seating area (e.g., amplified music) shall not
unreasonably offend the senses or interfere with the comfortable enjoyment of the, adjoining
properties and shall comply with the noise standards in Section 21.16.070 (Noise).
May 2004 3-122
CAMPRF.LL 11FIUNICIPAL CODE - TTTLE 21, ZONING rODE
Provisions Applying to Special Uses 21.36
3. Litter control. The permit holder is responsible for picking up litter associated with the outdoor
seating or display and shall maintain the area in a clean condition at all times.
4. Location of seating. Outdoor seating shall be located as indicated in the approved application
and accompanying plans and shall not be placed within the area of disabled ramps, driveways,
doorways or the public right-of--way.
5. Quality. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall
be attractive, made of durable materials, and shall be maintained in good repair and in a manner
to enhance the character of the area.
6. Securing of tables, seating, and associated umbrellas. Tables, chairs, and associated umbrellas
shall be secured so as not to be moved by the wind. However, they may not be bolted into the
ground or secured to outdoor lights, trees, a building, or other furniture or objects.
7. Umbrella canopies. The canopies of umbrellas associated with outdoor tables shall provide a
minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside
edge of the table, and shall not extend into walkways.
3-123 May 2004