PC 09.a. Staff Project 16-002 Interpretation of Sign Ordinance Regarding Sponsorship BannersMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF STAFF PROJECT 16-002; INTERPRETATION OF
SIGN ORDINANCE REGARDING SPONSORSHIP BANNERS NOT
INTENDED TO BE VIEWED BY THE GENERAL PUBLIC; LOCATION -
SOT0 SPORTS COMPLEX; APPLICANT- CITY OF ARROYO GRANDE
DATE: MARCH 15,2016
RECOMMENDATION:
It is recommended that the Planning Commission review the Sign Ordinance and
provide an interpretation regarding the placement of sponsorship banners at the Soto
Sports Complex (the "Complex").
BACKGROUND:
On June 28, 2011, the City Council adopted Ordinance No. 634 modifying Chapter
16.60 of the Arroyo Grande Municipal Code (AGMC) relating to temporary signage
(Attachment 1). The Ordinance was in response to Council direction regarding
confusion related to the previous sign regulations. The goals of the revisions were to
establish regulations that:
Are more clear;
Balance the need to be "business friendly" with maintaining an attractive
business environment;
* Are more feasible to enforce; and
Enforce the regulations on a more proactive and consistent basis.
Overall, the revisions to the sign regulations have been very successful. They provide
the business community an opportunity to display temporary signage with little City
oversight while also providing the attractive business environment the Council was
striving for. The regulations have recently created confusion regarding the ability for the
Recreation Services Department to display sponsorship banners on the fields at the
Complex
ANALYSIS OF ISSUES:
Under the current regulations, temporary banners may only be displayed if they meet
the following:
PLANNING COMMlSSlON
CONSIDERATION OF STAFF PROJECT 16-002
MARCH 15,2016
PAGE 2
0 Shall not exceed twenty-four (24) square-feet;
0 Shall be professionally printed on vinyl or plastic;
Shall be firmly attached to the building, below the roofline; and
* Shall not be displayed for more than thirty (30) days in any ninety (90) day
period.
These specific banner regulations provide opportunities for temporary banners to be
located in the City to attract and inform customers, visitors, and residents without
providing for the proliferation of temporary banners.
The regulations seem to preclude the Recreation Services Department from placing
sponsorship banners on fences surrounding the basin fields, as indicated in the below
image.
However, several Subsections of the Exempt Signs regulations (AGMC Section
16.60.050) provide an opportunity for these signs to be placed on the fences, when
considered together (Attachment 2).
Municipal Code Subsection 16.60.050.K.l. states that interior signs are exempt from
regulation when "completely within a building when not visible or readable or intended to
be read from off-site or outside of the building or structure". While sponsorship banners
at the Complex would not be located within a building, they would not be visible or
readable from off-site, and would only be read by those individuals in the Complex,
which meets the intent of this specific exemption.
Municipal Code Subsection 16.60.050.K.15 states that "City-sponsored civic signs for
community entrance, identification, direction, or information" are exempt from regulation
as well. While sponsored banners at the Complex would be paid for by private entities,
they would be visible by those attending City-sponsored sporting events and would
provide the identification and information of those individuals who helped to sponsor the
events.
PLANNING COMMISSION
CONSIDERATION OF STAFF PROJECT 16-002
MARCH 15,2016
PAGE 3
Considering these AGMC Sections together provides an opportunity for the display of
sponsorship banners at the Complex without jeopardizing the goals of the temporary
sign regulations when they were revised in 201 1.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission's consideration:
e Adopt a Resolution and find that the display of sponsorship banners on interior
fencing at the Soto Sports Complex is consistent with exempt signage provisions
of Chapter 16.60 of the Arroyo Grande Municipal Code; or
e Provide other direction to staff.
ADVANTAGES:
Finding that the display of sponsorship banners on interior fencing at the Complex is
consistent with exempt signage provision of Chapter 16.60 of the AGMC will allow
sponsorship banners to be placed within the Soto Sports Complex, provides
opportunities for local businesses and community members to show their investment in
the youth sporting events of the City, and allows the Recreation Services Department
an opportunity for fundraising during the athletic seasons.
DISADVANTAGES:
Finding that the display of sponsorship banners on interior fencing at the Complex is
consistent with exempt signage provisions of Chapter 16.60 of the AGMC could result in
local businesses feeling at a disadvantage since they would not have an opportunity to
display sponsorship banners in a similar fashion. However, local business would have
the opportunity to attract customers to their business as a result of individuals
patronizing the Complex seeing the sponsorship banners. Also, local business can still
display other signage in accordance with the Sign Ordinance.
ENVIRONMENTAL REVIEW:
Environmental review is not required for this item
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda and staff report were posted at City Hall and on the City's website on
Friday, March 11,2016. No comments have been received
Attachments:
1. Ordinance No. 634
2. Arroyo Grande Municipal Code Subsection 16.60.050 - Exempt Signs
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE INTERPRETING THAT THE DISPLAY OF
SPONSORSHIP BANNERS ON INTERIOR FENCING AT THE SOT0
SPORTS COMPLEX IS CONSISTENT WITH EXEMPT SIGNAGE
PROVISIONS OF SECTION 16.60.050 OF CHAPTER 16.60 OF TITLE 16
OF THE ARROYO GRANDE MUNICIPAL CODE
WHEREAS, the Development Code is Title 16 of the Arroyo Grande Municipal Code,
was adopted by the City Council on May 14, 1991, and became effective on June 13,
1991 ; and
WHEREAS, the City Council adopted Ordinance No. 634 on June 28, 201 1, modifying
regulations associated with the display of temporary signage in the City; and
WHEREAS, Municipal Code Section 16.60.050 provides for instances when signage
displayed within the City is exempt from further regulation and permitting; and
WHEREAS, the Planning Commission has received a request for an interpretation to
determine if the display of sponsorship banners on interior fencing at the Soto Sports
Complex is consistent with the exempt signage provisions of Section 16.60.050 of the
Municipal Code; and
WHEREAS, the Planning Commission has considered the Municipal Code
interpretation at a duly noticed meeting on March 15, 2016.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby makes the interpretation that the display of sponsorship banners
on interior fencing at the Soto Sports Complex is consistent with exempt signage
provisions of Section 16.60.050 of the Municipal Code.
On a motion by Commissioner , seconded by Commissioner and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 1 5th day of March, 2016.
RESOLUTION NO.
PAGE 2
LAN GEORGE, CHAIR
ATTEST:
DEBBIE WElCHlNGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESA McCLlSH
DIRECTOR OF COMMUNITY DEVELOPMENT
ATTACHMENT I
ORDINANCE NO. 634
AN ORDLNAMCE OF THE CITY OF ARROYO GRANDE AMENDING
PORTIONS OF CHAPTER 16.60 OF TITLE 16 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING TEMPORARY BANNERS
AND SIGNS
WHEREAS, the purpose of the City's sign regulations is to protect the character, quality
of life, and economic health of the city by maintaining the suitability and appropriateness
of allowed signs in a manner that benefits the public and minimizing visual clutter; and
WHEREAS, the City has determined that use of temporary signs are suitable and
appropriate to advertise business activities under certain limitations and requirements;
and
WHEREAS, temporary signs are exempted from the administrative sign permit,
administrative sign program and planned sign program requirements subject to certain -. ~
limitations and requirements; and
WHEREAS, after consideration of all testimony and ail relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed changes to Chapter 26.60 will help allow temporary signs that are
limited to those appropriate and suitable to protect the character, quality of life
and economic health of the City.
B. The proposed changes to Chapter 16.60 will not adversely affect the public
health, safety, and welfare.
C. The proposed changes to Chapter 16.60 are consistent with the purpose and
intent of Title 16, satisfies the intent of Chapter 16.60 of the Municipal Code and
provides for internal consistency.
D. As disclosed in the Negative Declaration, the potential environmental impacts of
the proposed changes to Chapter 16.60 are insignificant.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated
herein by this reference.
SECTION 2: Arroyo Grande Municipal Code Subsection 16.60.050. A. is hereby
repealed and replaced in its entirety as follows:
A. Temporary banners, decorations and searchlights in accordance with the
following provisions:
1. Banners
ORDINANCE NO. 634
PAGE 2
a. Shall not exceed twenty-four (24) square-feet.
b. Shall be professionally printed on vinyl or plastic.
c. Shall be firmly attached to the building, below the roofline.
d. Shall be registered with the Community Development Department
prior to display.
e. Shall not be displayed for more than thirty (30) days in any ninety
(90) day period.
2. Pennants, Balloons and Flags
a. Shall not contain any text or other advertising message.
b. Shall not be displayed for more than three (3) days in any thirty (30)
day period.
3. Searchlights
a. Shall be directed upwards into the sky and not at any point on land.
b. Shall not be displayed for more than three (3) days in any thirty (30)
day period.
Section 3: Arroyo Grande Municipal Code Subsection 16.60.050. B. is hereby
amended as follows:
B. Permanent window signs provided that all of the following are met:
1, The total area of such signs does not exceed twenty (20) percent of the
window area.
2. The sign is no greater than twenty-four (24) square-feet.
3. Signage is limited to street-facing windows.
Section 4: Arroyo Grande Municipal Code Subsection 16.60.060 0. is hereby amended
as follows:
0. Sail or wing signs.
Section 5: Arroyo Grande Municipal Code Subsection 16.60.030.E is hereby amended
as follows:
E. Accessory Signs. Signs that advertise products sold or services provided on the
premises, such as beer signs or an automated teller machine (ATM) signs, shall
be considered accessory signs and do not count towards the permitted signage
listed in Table16.60.040-A if they are restricted to ten (10) percent or less of the
wall area on which it is placed. Accessory signs between ten (10) and twenty (20)
percent of the wall area can be allowed with a recommendation from the
architectural review committee, however areas greater than ten (10) percent shall
be considered toward total permitted sign area. The design, number, location and
size of accessory signs shall be reviewed and approved as part of an
administrative sign permit, administrative sign program, or planned sign program
by the architectural review committee if the following findings are made:
ORDINANCE NO. 634
PAGE 3
1. The proposed general design, arrangement, texture, colors, and lighting
placement are consistent with the purposes and regulations of this chapter
and any applicable design guidelines; and
2. The appropriateness of the proposed accessory signs are compatible with
other signs and other structures on the premises and contiguous area and
do not exceed twenty (20) percent of the wiwbvwf wall area on which
they are placed.
Section 6: Arroyo Grande Municipal Code Subsection 16.60.030.G is hereby added as
follows:
G. Portable Signs ("Sandwich Board Signs") that are allowed per Section 16.60.040,
Table 16.60.040. A., must meet the following criteria:
1. Portable Signs cannot block doorway, access, or Americans with
Disabilities access.
2. Portable Signs must be constructed from wood or plastic and have a
professional appearance.
3. Only one portable sign is allowed per business.
4, Portable signs cannot be located on any public right-of-way.
5. Portable signs that are proposed for a store or restaurant located in
shopping centers must be located immediately adjacent to that business.
Section 7: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
Section 8: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption.
Section 9: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
Section 10: This Ordinance shall take effect thirty (30) days from the date of adoption.
ORDINANCE NO. 634
PAGE 4
On motion of Council Member Brown, seconded by Council Member Guthrie, and on
the following roll call vote to wit:
AYES: Council Members Brown, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
The foregoing Ordinance was adopted this 2arn day of June, 201 1.
ORDINANCE NO.
PAGE 5
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
k 3
TIMQITHY J. CA~M%, ClTY ATTORNEY
/
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 634 which was
introduced at a regular meeting of the City Council on June 14, 2011; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 2gth day of June 201 1; and was duly published in accordance with
State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30"
day of June 201 1.
KELLY &ET@RE, CITY CLERK
ATTACHMENT 2
16.60.050 - Exempt signs.
The following signs shall be exempt from the administrative sign permit, administrative sign program,
and planned sign program requirements, and shall be permitted subject to the limitations contained in
this section. A greater number of signs or signs of larger size than specified below shall be prohibited,
unless elsewhere specifically permitted by, and an appropriate permit obtained consistent with, the
provisions of this chapter.
A. Temporary banners, decorations and searchlights in accordance with the following provisions:
1. Banners.
a. Shall not exceed twenty-four (24) square-feet.
b. Shall be professionally printed on vinyl or plastic.
c. Shall be firmly attached to the building, below the roofline.
d. Shall be registered with the community development department prior to display.
e. Shall not be displayed for more than thirty (30) days in any ninety-day period.
2. Pennants, Balloons and Flags.
a. Shall not contain any text or other advertising message.
b. Shall not be displayed for more than three days in any thirty-day period.
3. Searchlights.
a. Shall be directed upwards into the sky and not at any point on land.
b. Shall not be displayed for more than three (3) days in any thirty-day period.
B. Permanent window signs provided that all of the following are met:
1. The total area of such signs does not exceed twenty (20) percent of the window area
2. The sign is no greater than twenty-four (24) square-feet.
3. Signage is limited to street-facing windows.
C. Real estate signs for sales, rental or lease subject to the following regulations:
1. Residential dwellings offered for sale, rent or lease on an individual basis not in association
with a subdivision or apartment complex, one sign per separate street frontage not
exceeding six square feet each and six feet in height. Such signs shall be removed within ten
(1 0) calendar days after the sale has been closed or the property has been rented or leased.
Signs shall not create sight distance hazards.
2. One sign per street frontage to advertise the sale, lease or rent of commercial or industrial
property, provided all of the following are met:
a. Such signs shall have a maximum area of thirty-two (32) square feet each, and be no
greater than eight feet in height.
b. Signs shall not create sight distance hazards for pedestrians or vehicles.
c. Such signs shall be removed within ten (10) calendar days of the close of the sale or
termination of the lease or rental agreement.
d. Where a project has in excess of six hundred (600) lineal feet of street frontage, one
additional sign shall be permitted for each full six hundred (600) lineal feet of street
frontage.
D. Subdivision signs subject to the following regulations:
1. Off-site unlighted signs advertising subdivisions within the city, containing only the name of
the subdivision, the name of the developer and/or agent, an identification emblem and a
directional arrow shall be permitted, provided:
a. There shall be no more than three such signs located within the city limits for each
subdivision. Signs must be located on private property.
b. The total area of each sign shall not exceed thirty-two (32) square feet.
c. The total height of each sign shall not exceed eight feet.
d. Directional subdivision signs may be displayed during the two years following the date of
recordation of the final map or until ninety (90) percent of the lots have been sold,
whichever is earlier.
2. One on-site subdivision sign per subdivision entrance shall be permitted provided the total
area per sign is not greater than thirty-two (32) square feet and sign height does not exceed
eight feet. Such on-site signs shall be permitted to remain only as long as a sales office is
maintained in the subdivision or until ninety (90) percent of the lots have been sold and
provided that such signs are maintained in good condition as determined by the building
official.
E. Architect, contractor or construction signs, providing the name of architect(s) and/or contractor(s)
working on the site, subject to the following:
1. For residential projects greater than four dwelling units, up to two signs may be placed on
the construction site; provided, that the total area of each sign shall not exceed twelve (12)
square feet, maximum height shall be six feet, and the sign is located no closer than ten (1 0)
feet to any property line.
2. For commercial and industrial projects, up to two signs may be placed on the construction
site; provided, that the total area of each sign shall not exceed thirty-two (32) square feet,
maximum height shall be six feet, and the sign is located no closer than ten (10) feet to any
property line.
3. For all other projects, a total of two signs may be placed on the construction site, provided
that the total area of each sign shall not exceed eight square feet, maximum height six feet,
and the sign is located no closer than five feet to any property line.
F. Future tenant identification sign to advertise the future use of an approved project on the
property may be placed on vacant or developing property to give the location where information
may be obtained, subject to the following:
1. Only one future tenant identification sign per parcel may be permitted.
2. Future tenant identification signs shall be limited to a maximum of thirty-two (32) square feet
and four feet in height.
3. The sign shall be placed no closer than ten (10) feet to any property line.
4. Such signs shall not be erected until a building permit isissued for the development and shall
be removed within one year from the date of the building permit.
5. Where a project has in excess of six hundred (600) lineal feet of street frontage, one
additional future tenant identification sign shall be permitted for each full six hundred (600)
lineal feet of street frontage.
G. Residential Signs.
1. Multiple-family residential building identification signs limited to address and building
number or letter. One wall sign per building frontage located below the roof line, limited to a
maximum area of two square feet and a maximum letter height of four inches.
2. Residential name plate: one name plate per parcel for single-family residential or agricultural
uses, limited to a maximum area of two square feet and a maximum letter height of four
inches.
H. Agricultural signs identifying agricultural products grown or raised on the premises subject to the
following:
1. The number of such signs shall be limited to one per street frontage.
2. If wall mounted, the sign shall be located below the roof line.
3. Freestanding signs shall be no higher than six feet.
4. Each sign shall have an area no greater than sixteen (16) square feet and shall be erected
only during the growing and harvest season.
I. Exempt Signs. Political and religious signs which are no larger than sixteen (1 6) square feet,
placed on private property with the express consent of the property owner and which comply
with all other applicable provisions of this chapter. If the political sign pertains to an upcoming
election, the sign cannot be posted sooner than sixty (60) days prior to the election and must be
removed no later than seven days after the election.
J. Government and noncommercial flags: an official flag, except when displayed in connection with
commercial promotion; provided, that such flags are no greater in size than ten (1 0) feet by
fifteen (1 5) feet or as approved with a recommendation from the architectural review committee.
K. Miscellaneous Signs.
1. Interior signs completely within a building when not visible or readable or intended to be
read from off-site or outside of the building or structure;
2. Memorial tablets, plaques, or directional signs for community historical and cultural
resources installed by the city or by a city-recognized historical society or civic organization;
3. Official and legal notices issued by any court, public body or officer, or in furtherance of any
nonjudicial process by federal, state or local laws;
4. Public utility signs indicating danger or that serve as an aid to public safety, or that show
locations of underground facilities or public telephones;
5. Safety signs on construction sites;
6. Public transportation vehicle signs, including, but not limited to, buses and taxi cabs;
7. Signs on licensed commercial vehicles that are not used or intended for use as portable signs
and that are not specifically prohibited by the provisions of this chapter;
8. Change of copy within an approved planned sign program or administrative sign program
that conforms to the provisions of the approved sign program;
9. Holiday decorations to celebrate nationally recognized holidays and local celebrations;
10. Vehicle-oriented convenience and directional signs solely for the purpose of guiding traffic
and parking on private property, and not bearing advertising material, limited to a maximum
area of two square feet and a maximum letter height of four inches;
11. Directional, warning or informational signs as required or authorized by law or by any
federal, state, county special district or city authority and "No Trespassing," "No Parking,"
"Neighborhood Watch" and similar warning signs, limited to a maximum area of two square
feet and a maximum letter height of four inches;
12. Incidental signs for auto-related uses, motels and hotels that show notices of services
provided or required by law, trade affiliations, and credit cards accepted, provided such
signs are attached to an otherwise approved ground sign, structure or building and limited to
a maximum area of eight square feet and a maximum letter height of four inches;
13. "Open" and "Closed" signs: one sign per entrance no larger than one square foot in area;
14. Automobile service stations are permitted to have the following additional signs, provided
they conform to the height and setback requirements of the district in which they are
located:
a. State-authorized testing centers. Four square feet per sign, wall mounted only,
b. Price signs: one single- or double-faced sign per street frontage, twenty (20) square feet
maximum per face. This exception is intended to allow for full compliance with state law
for posting of gasoline prices. Portable price signs are not permitted,
c. Pump signs: one sign for each gas pump unit not to exceed two square feet per pump
face or one sign per bank of pumps, not to exceed eight square feet per face, identifying
the gasoline brand and rating only.
15. City-sponsored civic signs for community entrance, identification, direction or information.
L. Banners in accordance with the provisions of the design guidelines and standards for design overlay
district (D-2.11)-Traffic Way and Station Way.
M. Any sign as determined by the community development director to be similar in use and size to the
signs listed above.
(Ord. 590 § 2, Exh. A (part), 2007)
(Ord. No. 634, §§ 2, 3, 6-28-201 1; Ord. No. 645, § 6, 8-28-2012)