Loading...
PC Res 2400RESOLUTION N0. 2400 PLANNING COMMISSION After notification and public hearing as specified by law on proposed amendment to the text of Title 21, Chapter 21.68, entitled "Signs" of the Campbell Municipal Code, and after presentation by the Planning Director, proponents and opponents, the hearing was closed (TA 86-02). After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a significant need to amend Chapter 21.68 of the Campbell Municipal Code. 1. That the establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood of such use, or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. The Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 22nd day of July 1986 by the following roll call vote: ~- AYES: Commissioners: Dickson, Olszewski, Christ, Perrine, Stanton, Kasolas NOES: Commissioners: None ABSENT: Commissioners: Fairbanks APPROVED: George C. Kasolas Chairman ATTEST: Arthur A. Kee Secretary ORDINANCE N0. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING TITLE 21, CHAPTER 21.68 ENTITLED "SIGNS" OF THE CAMPBELL MUNICIPAL CODE (TA 86-02). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.68 of the Campbell Municipal Code be amended as set forth in Exhibit A, attached hereto. SECTION TWO: This Ordinance shall become effective 30 days following its passage, and adoption and shall be published once within 15 days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this day of , 19 , by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: APPROVED: MICHAEL F. KOTOWSKI, MAYOR ATTEST: CITY CLERK MEMORANDUM To: Arthur Ree, Planning Director From: Bill Seligmann, Acting City Attorney Re: Amendment to Sign Ordinance Discussion The following amendments are primarily designed to bring our sign ordinance in Co conformance with the current court decisions on the subject. I have also taken this opportunity to make some minor clarifications to certain sections that have been questioned in our enforcement process. Proposed Amendments 1. Section 21.68.010 of the present code (21.53.010 of the revision pending before the Planning Commission) should be amended by inserting the word "duration" after the word "loca- tion" in the first sentence, and by adding the sentence, "The City Council finds that any and all violations of this Chapter unnecessarily detract from the public health, safety and welfare, and are indecent and offensive to the senses, in that they un- necessarily clutter the environment and therefore constitute a public nuisance," so that the entire Section reads: This ordinance regulates the height, size, location, duration and design of signs for the following purposes: A. To preserve and improve the visual quality of the City. B. To eliminate hazards to pedestrians and motorists brought about by distracting sign displays. C. To ensure architectural compatibility with adja- cent buildings and the surrounding environment. The City recognizes the economic need for a sign to function as a means of business and product identification. The ordinance is intended to allow a reasonable amount of signing for business, product, and building identification so as to provide adequate, information to the public without creating a cluttered visual environment. These regulations shall apply to all zoning districts in addition to any spe- --- cific provisions in the applicable .zoning district regula- tions. The City Council finds that any and all violations of this Chapter unnecessarily detract from the public -~ health, safety and welfare, and are indecent and offensive to the senses in that they unnecessarily clutter the en- - vironment and therefore constitute a public nuisance. 2. Section 21.68.020(11) of the present code (21.53.020k of the pending code) should be amended to read: "Temporary sign" means a sign, banner, pennant or streamer, including a political sign, which is erected for a limited period of time for the purpose of advertising community or civic projects, real estate for sale or lease, or other special events such as' concerts, elections, grand openings or special promotions - as approved by the Planning Commiss-ion. Special promotions are limited to special sales or events that take place not more than twice a year. Special promotions do not include advertising individual products and services or the prices of products and services. 3. Section 21.68.040 of the present code (21.53.040, pending code) should be amended to read as follows: The following signs shall be exempt from the regula- - tions in this Chapter: A. On-site signs not exceeding 1-1/2 sq.' ft. in area and bearing only property numbers, post office box numbers, names of occupants of premises or other identification of premises not having commercial connotations; B. Flags and insignia of any government except where displayed in connection with commercial promotion; C. Legal notices, identification, informational, safety or directional signs erected or required by governmental bodies or public utilities; D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; E. On-site signs directing and guiding traffic and parking on private parking, but bearing no adver- tising matter and having a display area of less than 6 sq. ft.; F. Temporary on-site signs not exceeding 12 sq. ft. ;^ in total display area pertaining to the prospec- tive sale, rental or lease of one-family or two- family residential property; G. On-site signs temporarily attached to or lettered on the exterior or interior of a store window. (Ord. 1257 S1 (part), 1979). H. Temporary signs, including political signs, posted for no more than seventy-five days, subject to the following conditions: 1. Signs must be removed within fifteen (15) days after the conclusion of the community or civic project, or special event prompting the erection of the sign; 2. Signs shall be a maximum of 12 square, feet, and no more than 8 feet in height; 3. Signs shall not be placed in the public right of way, nor on any city owned property, including sidewalks., crosswalks, curbs, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenance thereof, or upon any public bridge, drinking fountain, street sign or traffic sign; I. Repainting or refacing an existing conforming, j legally created sign is permitted when the new `- copy is to be identical to that originally approved. 4. Section 21.68.060(4) of the present code (21.53.ibJL~ pending code revision) should be amended to read: Signs shall not be placed in the public right of way, nor on any city-owned property, including sidewalks, crosswalks, curbs, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard," railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenance thereof, or upon any public bridge, drink- ing fountain, street sign or traffic sign, except as map be allowed pursuant to 21, :~$..080C of the Chapter. (21.53.080C of pending Code 5. Section 2.1.68.060(5). should be added to the pre- sent code (21.53.060E of the pending revision), to read: All other signs not specifically permitted by, or excepted from these regulations, are prohibited. 6. Section 21.68.080 of the present code (21.53.080 of the pending revisions) should be amended to read: ', Temporary Signs-Permitted Temporary signs which are not exempt under section 2 0~g ~f this Ch~pter, may be allowed upon obtaining a (~1. .0 o pending Code permit, provided they comply with the following regulations: A. On-site temporary signs not exceeding 40 sq.ft, in area, advertising the sale or lease of any multi-family residential, commercial, or industrial complex or the sale or lease of a piece of vacant property may be permitted as follows: 1. Limited to a 6-month period. At the expiration of such fixed time period, the applicant mat request a 3-month extension of time; otherwise, the sign shall be removed; 2. No more than two signs shall be allowed on each site; 3. A free-standing sign shall be no higher than 8 feet; B. One on-site temporary sign not exceeding 40 sq.ft. in area, for each display surface, announcing name and character of any multi-family residential, commercial, or industrial complex, either to be constructed or under construction, may be permitted, provided that such sign shall be removed within 3 months after final inspection of the building; C. Temporary signs, banners, pennants, streamers or similar devices, other than those exempted by Section 21.68.040 (21.53' v0 or otherwise permitted under this Section, may be permitted of pendin subject to the following restrictions: Code) 1. No such sign shall be permitted for more than seventy-five (75) days; 2. Banners and signs exceeding forty (40) square feet shall be subject to approval of the Planning Commission; 3. Signs, banners, streamers or similar devices identifying civic or community events may extend over the public tight-of-way or be attached to any street light standard or other public right-of-way only after written permission is received from the Planning and Public Works Directors. In considering whether to grant such permission, the Directors shall consider the effect of the placement of such signs on the public health safety and welfare, including the effect on traffic safety, aesthetics and the environment. 7. Section 21.68.150(b) of the present code (21.53.150C of the pending revision) should be added to read: Except as otherwise permitted by this Chapter, repainting, i refacing or relettering an existing sign constitutes the erection or creation of a new sign, which must comply with the provisions of this Chapter. 8. Section 21.68.160 of the present code (21.53.160 of the pending revision) should be added to read: Abatement of Temporary Suns. The City may remove any temporary sign posted or maintained in violation of the Chapter, in accordance with the follow- ing provisions: A. If a temporary sign is unlawfully in place after the expiration of fifteen (15) days from the termination of the community or civic project or other special event for which it was posted, the City may treat the sign as abandoned, and have it summarily removed and destroyed; B. In situations other than those set forth in sub- section (A), the City shall make a reasonable attempt to notify the owner of the sign. If after such reasonable at- tempt, the owner cannot be found, the sign may be treated as abandoned, and summarily removed. If the City is able to locate the owner, the City shall send the owner a letter notifying him as follows; (1) that the City intends to remove the sign; (2) the reason the City believes the sign to be illegal, including a reference to the relevant section of this Chapter; (3) that the owner may contest the removal of his sign by submitting a written request to the Planning Director specifying the reasons the owner believes the sign to be legal; and (4) that if no written request is received within the ten (10) days immediately following the notice sent by the City, and the illegality of the sign is not voluntarily corrected, the City shall remove the sign and bill the owner for the cost of removal. C. If no written request to contest the removal of the sign is received by the Planning Director within ten (10) ,_ days immediately following the letter sent by the City pur- suant to subsection (B), the Planning Director may cause the ~ sign to be summarily removed and destroyed; D. If a written request to contest the removal of the sign is received within the ten (10) day period set forth in subsection (B), the Planning Director shall schedule a hear- ing before the Planning Commission to determine whether or not the sign is in violation of this Chapter. The owner of the sign shall be given written notice at least ten (10) days prior to the hearing that he may appear and present evidence to the Planning Commission. At the hearing the Planning Commission shall hear all relevant evidence., and render a determination as to whether or not the sign is in violation of this Chapter. The determination of the Planning Commission shall be final; E. If the Planning Commission determines that the sign is in violation of this Chapter, the City may summarily re- move and destroy the sign; F. In all situations where removal of a sign is authorized by this section, the City may bill the owner of the sign for all costs reasonably incurred in its removal. Such costs shall be a civil obligation of the owner. ('.nmmnntc Even with these proposed revisions, the uncertain state of the present case law leaves some of the proposed provisions open to question. Perhaps the most difficult provision to defend. and enforce would be Section 21.68.080(c)/21,53,080C., subsection (3), which purports to vest authority in the Planning and Public Works Directors to allow temporary signs t,o be posted in the public right-of-way. Essentially, in order to avoid a challenge that the provision invites discriminatory application, we would either have to allow posting of all signs, or none. An alterna- tive might be to designate certain specific areas of the public right-of-way for signs on a first come, first serve basis; or eliminate the provision altogether. Furthermore, the provision of Section 21.68.160/ 21.53.160 that requires the sign owner to reimburse the City for the cost of removing the signs might also be open to question, without a fullblown hearing by the City Council, and a declara- tion that the sign constituted a public nuisance. Since the cost would be relatively minor, though, I feel that the provision is satisfactory as drafted. Finally, a Federal District Court in Southern Califor- nia has held pre-election time restrictions on posting signs to be unconstitutional. If this ruling were followed, it might lead to the invalidation of all our temporary sign ,provisions. As a District Court decision, however, it has no binding effect; and I believe logic dictates some type of time classification. Other- wise, there would be no basis for distinguishing a temporary sign from a permanent one.