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HomeMy WebLinkAboutOrdinance 2510 N.C.S. 10/06/2014EFFECTIVE DATE ORDINANCE NO. 2510 N.C.S. OF ORDINANCE November 6, 2014 Introduced by Seconded by Mike Healy Chris Albertson ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING CHAPTER 20 OF THE IMPLEMENTING ZONING ORDINANCE, SECTIONS 20.020, 20.050, 20.140 AND 20.150 TO ALLOW FREEWAY ORIENTED WALL SIGNS AS PART OF A MASTER SIGN PROGRAM FOR RETAIL SHOPPING CENTERS WITH HIGHWAY 101 FRONTAGE WHEREAS, on May 7, 2012 the Petaluma City Council directed staff to bring forward amendments to the text of Chapter 20 Sign and Sign Structures), Sections 20.140 and 20.150, of the Implementing Zoning Ordinance to allow for freeway oriented signs for shopping centers with freeway frontage as part of a master sign program; and, WHEREAS, a public notice of the June 12, 2012 public hearing before the Planning Commission to consider the amendments was mailed to all property owners and residents within 500 feet of Plaza North, Plaza South, East Washington Place, and Deer Creek Village, and published in an one-eighth page notice in the Argus -Courier on May 31, 2012; and, WHEREAS, on June 12, 2012, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.010, and unanimously recommended that the City Council not adopt said text amendments; and, WHEREAS, a public notice of the July 2, 2012 public hearing before the City Council was mailed to all property owners and residents within 500 feet of Plaza North, Plaza South, East Washington Place, and Deer Creek Village, and published in an one-eighth page notice in the Argus -Courier on June 21, 2012; and, WHEREAS, the City Council considered the recommendation of denial from the Planning Commission and pursuant to Section 25.080 of the City of Petaluma Implementing Zoning Ordinance (IZO) the City Council found the text amendments to be in conformity with the General Plan and moved to approve the proposed text amendments; and, WHEREAS, the motion failed by a 3-3 vote of the City Council; and, WHEREAS, on April 15, 2013 Merlone Geier, developer of the Deer Creek Village Center, submitted a written request for reconsideration by the City Council of the freeway oriented sign text amendments; and, WHEREAS, on June 17, 2013, the City Council directed staff to bring the freeway oriented Ordinance No. 2510 N.C.S. Page I sign text amendments back to the Planning Commission for reconsideration with appropriate modifications to address comments previously expressed by the Planning Commission; and, WHEREAS, at a duly noticed public hearing on September 24, 2013, the Planning Commission considered draft revisions to the previously considered text amendments and the item was continued with direction to look at how other jurisdictions regulate freeway oriented signs and to consider additional standards for less subjective evaluation of master sign programs in the SPAR process; and, WHEREAS, at a duly noticed public hearing on February 11, 2014, the Planning Commission considered research for other jurisdiction's sign codes, including sketches and photographic simulations of sign design components and continued the item with direction to prepare text amendments that outlined specific minimum standards, including but not limited to, sign height, length, and area for freeway oriented signs; and, WHEREAS, on April 8, 2014, the Planning Commission held a duly noticed public hearing to consider modified text amendments and adopted a resolution recommending the City Council adopt text amendments to Chapter 20 (sections 20.020, 20.050, 20.140, and 20.150) to allow freeway oriented signs for retail shopping centers with Highway 101 frontage as part of a master sign program; and, WHEREAS, a public notice of the May 19, 2014 public hearing before the City Council was mailed to all property owners and residents within 1000 feet of Plaza North, Plaza South, East Washington Place, and Deer Creek Village, and published in an one-eighth page notice in the Argus- Courier on May 8, 2014; and, WHEREAS, on May 19, 2014, the City Council considered the resolution of the Planning Commission recommending the City Council adopt amendments to the text of the City of Petaluma Implementing Zoning Ordinance (IZO) Chapter 20 regarding freeway oriented wall signs for retail shopping centers with Highway 101 frontage and continued the item with direction to staff to prepare additional exhibits including sign simulations, additional standards for consideration regarding minimum tenant size thresholds, and examples of existing local signs with a freeway presence; and, WHEREAS, on September 8, 2014, the City Council considered the resolution of the Planning Commission recommending the City Council adopt amendments to the text of the City of Petaluma Implementing Zoning Ordinance (IZO) Chapter 20 regarding freeway oriented wall signs for retail shopping centers with Highway 101 frontage; and, WHEREAS, this project has been reviewed in compliance with CEQA guidelines and has been determined to be categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the project involves minor modifications to the IZO that do not result in significant changes in allowable land use or density; and/or Section 15311 (Accessory Structures) in that the project involves modifications to the IZO allowing certain types of on -premises signs for existing commercial structures. THE CITY COUNCIL OF THE CITY OF PETALUMA HEREBY FINDS: 1. The provisions amending the IZO, Chapter 20, Sections 20.020, 20.050, 20.140 and 20.150, adding definitions for master sign program and additional sign types and lighting methods, and for regulating freeway oriented signs are in general conformity with the Petaluma General Plan 2025 because the amendments will contribute to the City of Petaluma's economic base, yielding net fiscal benefits and strengthening the vitality and diversity of the community and would allow retail shopping centers to capitalize on attracting vehicles from Ordinance No. 2510 N.C.S. Page 2 Highway 101 and contribute to the success of businesses and City economic goals. 2. The amendments to the text and additional review required as part of a master sign program, are consistent with the purpose of Chapter 20 -- to protect public health, safety, and general welfare of the City-- by ensuring that the number, type, size, and design of all signs in Petaluma will not detract from the attractiveness and orderliness of the City's appearance and to protect the general welfare of the merchants and property owners in Petaluma by avoiding wasteful and costly competition among sign users which can result from the uncontrolled use of signs. 3. The amendments will allow approval of freeway oriented signs as part of a master sign program for retail shopping center tenants that abut the freeway and that exceed 8,000 square feet in area. These minimum standards will provide consistency of application, and when coupled with a required Master Sign Program, also provides flexibility in order to achieve a cohesive and unique design for the project site and in keeping with the intent of the Sign Ordinance and the Site Plan and Architectural Review standards. 4. The text amendments may require building elevations for freeway oriented signs for retail shopping centers with direct freeway frontage to be consistent with Site Plan and Architectural Review (SPAR) standards as outlined in IZO Section 24.010.G.I (a) -(e). 5. The public necessity, convenience, and welfare clearly permit the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The provisions of Chapter 20, Signs and Sign Structures, specified below of the Petaluma Implementing Zoning Ordinance are hereby amended in accordance with the following: Section 20.020 - Definitions, is amended to add and modify the following definitions: C. Cabinet Sign. Internally Illuminated. A box sign regular in shape with a single transparent or translucent material such as a Plexiglas / lexan face mounted on the fagade of a building or freestanding, and that provides for internal illumination within the box. J. Freeway -oriented sign. Any sign mounted to the primary wall (s) or facade of a building facing the freeway with no other building located in the visibility window between the subject building and the freeway. This excludes building facades on frontage roads adjacent to the freeway. N. Individual letters. A type of sign construction where individual letters or images are cutout into separate shapes. O. Individually illuminated letters. Individual letters either internally illuminated or backlighted solid letters (reverse channel). Q. Master Sign Program. A master sign program is a comprehensive sign program for approval of all signs in a multi -tenant shopping center, retail center, commercial or industrial complex or other use stipulating size, design, criteria, and location. A Master Sign Program is processed as a Site Plan and Architectural Review application at the discretion of the Planning Commission and when found consistent with requirements in Section 24.010.G. When a unique, cohesive approach to project signage is warranted, some flexibility in design requirements may be approved by the Planning Commission if it is found that the master sign Ordinance No. 2510 N.C.S. Page 3 program is in conformance with the purposes stated in Section 20.010. W. Raceway. An aluminum junction box containing wiring and conduit that is mounted in one piece to the wall or building. X. Reverse Channel Lit / Halo letters. Individually illuminated (LED) letters installed directly on a wall emitting light from the channel in back of the letter onto the wall giving it a "Halo" effect. Z. Shopping center. Any combination of five (5) or more separately owned and operated retail businesses on a single or commonly owned or leased parcel of land, or a commercial use of commercial complex occupying and operated as a single site of at least two (2) acres. An existing building situated on a single parcel of land which is converted into separate retail businesses is not for the purpose of this section defined as a shopping center. EE. Wall sign. Any sign posted or painted on, suspended from or otherwise affixed to the wall of any building or structure in on essentially flat position, or with the exposed face of the sign in a place approximately parallel to the plane of such wall. Any sign suspended from and placed approximately parallel to the front of a canopy, porch, or similar covering structure shall be deemed to be a wall sign. Excludes banners and pennants. Section 20.050 - Signs in Commercial, Mixed Use, Business Park and Industrial Districts subsections A.5 and B.1, are amended to read as follows: A.S. Wall signs. No more than two (2) wall signs for each primary building face (no building shall be deemed to have more than four [4] primary building faces), not exceeding a thickness of ten (10) inches, including any light box or other structural part, in all C, MU, BP or I Districts. Refer to section 20.140 for Freeway Oriented Sign standards. B.l.One (1) square foot of sign area for every ground level linear foot of building frontage; or in the case of buildings with multiple building frontages, one (1) square foot of sign area for every ground level linear foot of the longest building frontage plus one-half (1 /2) square foot of signing for every linear foot of additional frontage, where no building exists the maximum allowable sign area shall be derived from the allowable building envelope (area exclusive of setback), not to exceed the maximum stated in Subsection 3 below. Section 20.140 - Freeway Oriented Signs, is amended to read as follows: A. Procedure for Permit to Erect Freeway Oriented Signs. A permit shall not be issued to erect, construct or relocate any sign, billboard or other advertising structure, regardless of location, unless the Zoning Administrator shall have first determined that such sign, billboard or other advertising structure is designed to have the advertising thereon maintained primarily to be viewed from the main traveled roadway of a freeway or the ingress or egress ramps of the freeway except in the case of freeway oriented wall signs approved as part of a master sign program for a retail shopping center with Highway 101 building frontage. For purposes of this section, building frontage includes the primary wall(s) or facade of a building facing the freeway with no other building in the visibility window between the subject building and the highway. This provision excludes building facades on frontage roads adjacent to the freeway. B. Master Sign Program. Freeway oriented wall signs may be considered by the Planning Commission as part of a master sign program for a retail shopping center, as defined in Section 20.D20.Q, with direct freeway frontage, in accordance with subsections 20.140.0 Ordinance No. 2510 N.C.S. Page 4 and 20.140.D. The master sign program shall address material, size, color, lighting, attachment, and placement. The Planning Commission shall consider if the master sign program meets the Site Plan and Architectural Review (SPAR) standards contained in Subsection 24.010.G, and make the additional findings contained in subsection 20,140.D below. Existing retail centers applying for freeway oriented signs shall resubmit the Master Sign Program. C. Determination and Appeal. Except as part of a master sign program for a retail shopping center with freeway frontage pursuant to this Section, every application for a permit to erect, construct, or relocate a sign, billboard or other advertising structure within five hundred feet of a main traveled roadway of a freeway, shall be considered by the Zoning Administrator, and the Administrator shall determine whether the proposed sign, billboard or other advertising structure is designed to be viewed from a main traveled roadway of a freeway or the ingress or egress ramps thereto. If the Zoning Administrator determines that the proposed sign, billboard or other advertising structure is designed to have the advertising thereon so maintained, the application for a permit shall be denied. If the Zoning Administrator determines that the sign, billboard or other advertising structure is not designed to have the advertising thereon so maintained and that the same does not violate any other provision of this title, the permit shall be granted. Procedures for the notice, hearing and appeal of the decision of the Zoning Administrator hereunder shall be the same as are set out in Section 24.070. D. Freeway Oriented Sign Standards. In addition to finding that the master sign program meets the Site Plan and Architectural Review standards in subsection 24.010.G.1, the Planning Commission shall make the following findings as part of Site Plan and Architectural Review prior to approval of any freeway oriented wall signs for retail shopping centers with freeway frontage. 1. Freeway oriented signs shall be limited to permanent wall -mounted signs as defined in subsection 20.020.EE. 2. Freestanding freeway oriented signs shall be prohibited. Building elevations on which freeway oriented signs are proposed shall be consistent with Site Plan and Architectural Review standards contained in subsection 24.010.G.1. Building and/or site improvements may be required by the Planning Commission to ensure conformance with the Site Plan and Architectural Review standards and required findings. For purposes of this section, building frontage includes the primary wall(s) of a building facing Highway 101. 4. The wall -mounted font shall not exceed two feet (2'-0") in height. Logos, flourishes and other symbols also shall not exceed 2'-0" in height. 5. Freeway oriented signs shall only be considered for tenants in retail shopping centers with a fagade that abuts the freeway and under the following square footage thresholds and associated maximum letter height: a. 8,000 - 19,999 square foot tenant allowed a maximum letter height of 18 inches b. 20,000 square foot or larger tenant allowed a maximum letter height of 24 inches Only one freeway oriented sign may be allowed per tenant meeting the above criteria. 6. Sign area shall be calculated based on 1 square foot of sign area per linear foot of building fagade with direct freeway frontage up to 60 square feet. Ordinance No. 2510 N.C.S. Page 5 7. Maximum sign length shall not exceed 30 feet. 8. The sign area of freeway oriented signs shall be included in the total maximum sign area for the retail shopping center as prescribed in subsection 20.050.B.5. The addition of freeway oriented signs shall not increase the allowable sign area or number of signs for a specific tenant or overall shopping center beyond that permitted in the Master Sign Program. Size of freeway facing signs shall be consistent with the maximum sign area per tenant per existing criteria for shopping centers. 9. Freeway oriented wall signs shall consist of individual letters. Individual letters may be mounted directly on the building wall or on a narrow raceway mounted to the wall and painted the same color as the wall. 10. Cabinet signs are prohibited. 11. Lighting for freeway oriented signs shall minimize glare and distractions to motorists on the rights-of-way and adjacent properties, especially residential areas. Freeway oriented signs shall not blink, flash, flutter, or change light intensity or color. 12. Signs may have individually illuminated letters, either internally illuminated or backlighted solid letters (reverse channel/halo) or use external, direct illumination. The light shall be LED technology or other sustainable technology providing white light. 13. Temporary signage as described in Section 20.050.A.7 and 20.1 10.B.14 shall not be permitted as freeway oriented signs. 14. The same detail and design criteria shall be applied to all signs proposed on freeway oriented building frontages of the subject retail shopping center. E. Caltrans Compliance. All freeway oriented signs shall comply with the California Outdoor Advertising Act, Business and Professions Code Section 5200 or as subsequently revised and shall be referred to Caltrans as appropriate for comment prior to Planning Commission review of the master sign program. F. Design Considerations. The following items are design considerations to increase the effectiveness of freeway oriented signs and to enhance the built environment. The design of the proposed freeway oriented signs shall visually complement and be compatible with the scale and architectural style of the primary structures on the site. 1. Signs should be placed and sized consistent with the proportions of the building's facade. 2. Colors should relate to and complement the materials or point scheme of the buildings, including accent and trim colors. The Planning Commission is encouraged to consider uniform colors for sign programs for freeway facing signs. 3. Electrical raceways should be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway shall be as narrow as possible and finished to match the background wall, or integrated into the overall design of the sign. Section 20.150- Nearest to Freeways Restricted, is modified to read as follows: Other than signs approved as part of a master sign program for a retail shopping center with freeway frontage pursuant to Section 20.140, no outdoor advertising structure, sign, or other Ordinance No. 2510 N.C.S. Page 6 1 advertising structure shall be erected, constructed, relocated or maintained, regardless of the 2 zone or district in which it is located. 3 4 Section 2. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance 5 remains in full force and effect. 6 7 Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this 8 ordinance 9 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 10 competent jurisdiction or preempted by state legislation, such decision or legislation shall not 11 affect the validity of the remaining portions of this ordinance. The City Council of the City of 12 Petaluma hereby declares that it would have passed and adopted this ordinance and each 13 and all provisions thereof irrespective of the fact that any one or more of said provisions be 14 declared unconstitutional, unlawful or otherwise invalid. 15 16 Section 4. Effective Date. This ordinance shall become effective thirty (30) days after the date 17 of its adoption by the Petaluma City Council. 18 19 Section 5. Posting / Publishing. The City Clerk is hereby directed to publish or post this ordinance 20 or a synopsis for the period and in the manner provided by the City Charter and any other 21 applicable law. 77 23 24 INTRODUCED and ordered posted/ published this 8th day of September, 2014. 25 26 ADOPTED this 611, day of October, 2014 by the following vote: 27 28 Ayes: Albertson, Harris, Healy, Vice Mayor Kearney, Miller 29 Noes: Barrett 30 Abstain: Mayor Glass 31 Absent: None 32 33 34 35 36 37 38 Gabe Kearney, Vi Mayor 39 40 41 42 43 ATTEST: APPROVED AS TO FO 44 45 46 47 Claire Cooper, CMC, City Clerk Eric W. Danly, City Aftorne 48 49 50 51 52 Ordinance No. 2510 N.C.S. Page 7