HomeMy WebLinkAboutOrd. 1529-2017City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
' Ordinance: ORD 1529 -2017
File Number: 16 -1015 Enactment Number: ORD 1529 -2017
ORDINANCE AMENDING CHAPTER 20.360 AND SECTIONS
6.90.080, 10.36.178, 20.220.011, 20.230.009, 20.240.012, 20.240.013,
20.340.003, 20.350.023, 20.350.028, 20.350.030, 20.350.034, AND
20.450.005 OF THE ZONING ORDINANCE OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE PERTAINING TO THE
REGULATION OF SIGNS.
WHEREAS, in July of 2010, the City Council for the City of South San Francisco ( "City ") adopted a
comprehensive update to the City's zoning ordinance, which repealed the then - existing Title 20 of the
South San Francisco Municipal Code ( "Zoning Ordinance "), and replaced it with an entirely new Title 20
that, among other actions, established new zoning districts, revised and reformatted many then - existing
zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning
provisions, including new land use regulations and development standards ( "Zoning Ordinance Update ");
and
WHEREAS, as part of the 2010 Zoning Ordinance Update, the City adopted Chapter 20.360, which
regulates signage throughout the City; and
WHEREAS, since adoption of the Zoning Ordinance in July 2010, there have been legal developments
that necessitate that the City refine, clarify, and /or correct certain provisions of the City's Zoning
Ordinance and other relevant portions of the South San Francisco Municipal Code ( "Municipal Code ")
that regulate signage Citywide, including revisions to Municipal Code Chapter 20.360 and Sections
6.90.080, 10.36.178, 20.220.011, 20.230.009, 20.240.012, 20.240.013, 20.340.003, 20.350.023,
20.350.028, 20.350.030, 20.350.034, and 20.450.005 in order to reflect the current state of the law
( "Amendments "); and
WHEREAS, the purpose for the adoption of sign regulations in the City, pursuant to Zoning Ordinance
Section 20.360.001, is to "establish regulations for the design, construction, location, and maintenance of
signs that balance the need of residents, businesses, visitors, and institutions for adequate identification,
communication, and advertising with the objectives of protecting public health, safety, and general welfare
and promoting a well - maintained and visually attractive community, consistent with state and federal
law;" and
WHEREAS, following the United States Supreme Court's Reed a Town of Gilbert, Arizona decision,
portions of the City's sign regulations are potentially inconsistent with federal law; and
WHEREAS, the City wishes to update the City's sign regulations citywide so that they are consistent
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with federal law and remove any potentially impermissible content -based distinctions between signs; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption
of an Initial Study/Negative Declaration ( "IS/ND ") in accordance with the California Environmental
Quality Act, Public Resources Code sections 21000 et seq. ( "CEQA "), which IS/ND analyzed the
environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning
Ordinance could not have a significant effect on the environment because none of the impacts required to
be analyzed under CEQA would exceed established thresholds of significance; and
WHEREAS, the refinements, clarifications, and/or corrections to the Zoning Ordinance as they relate to
signage are minor in nature, the adoption of which would not result in any new significant environmental
effects or a substantial increase in the severity of any previously identified effects beyond those disclosed
and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements,
clarifications, and/or corrections constitute a change in the project or change in circumstances that would
require additional environmental review; and
WHEREAS, the proposed Amendments are not subject to the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that there is no possibility that the proposed changes and clarifications may have a
significant effect on the environment. Therefore, no further environmental review is required at this time;
and
WHEREAS, on August 4, 2016 and September 15, 2016, the City's Planning Commission held lawfully
noticed public hearing to solicit public comment and consider the proposed Amendments, take public
testimony, and make a recommendation to the City Council on the Amendments; and
WHEREAS, on December 14, 2016, the City Council for the City of South San Francisco held a lawfully
noticed public hearing to solicit public comment and consider the proposed amendments.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described
below, the City Council of the City of South San Francisco does hereby ORDAIN as follows:
SECTION 1. Findings
Based on the entirety of the record as described below, the City Council for the City of South San
Francisco hereby makes the following findings:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The Record for these proceedings, and upon which this Ordinance is based, includes without
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limitation, federal and state law; the California Environmental Quality Act (Public Resources Code §§
21000 et seq. ( "CEQA ")) and the CEQA Guidelines (14 California Code of Regulations §§ 15000 et seq.);
the South San Francisco General Plan and General Plan Environmental Impact Report, including all
amendments and updates thereto; the South San Francisco Municipal Code; the Initial Study and Negative
Declaration prepared for the Zoning Ordinance Update, including all written comments received; all
reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed
meeting on August 4, 2016 and September 15, 2016; all reports, minutes, and public testimony submitted
as part of the City Council's duly noticed meeting on December 14, 2016; and any other evidence (within
the meaning of Public Resources Code section 21080, subdivision (e) and section 21082.2).
3. The refinements, clarifications, and/or corrections to the Zoning Ordinance as they relate to
signage are minor in nature, the adoption of which would not result in any new significant environmental
effects or a substantial increase in the severity of any previously identified effects beyond those disclosed
and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements,
clarifications, and/or corrections constitute a change in the project or change in circumstances that would
require additional environmental review. Further, the proposed Amendments to the Municipal Code are
not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the
proposed changes and clarifications may have a significant effect on the environment. Therefore, no
further environmental review is required at this time.
4. The documents and other material constituting the record for these proceedings are located at the
Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA
94080, and in the custody of Planning Manager Sailesh Mehra.
B. Zoning Amendment Findings
1. The proposed Amendments are consistent with the adopted General Plan because they strengthen
and promote those policies related to preserving the character of established neighborhoods (Guiding
Policy 2 -G -1) and establishing comprehensive design standards and guidelines (Implementing Policy
2 -I -7). The proposed Zoning Amendments related to the regulation of signs will remain consistent with the
City's General Plan vision for community and economic development and will not impede achievement of
any of the goals, policies, or land use designations established in the General Plan.
2. The proposed Amendments related to signs would not affect any particular subject property. The
proposed standards would generally be suitable in terms of ensuring architectural compatibility,
consistency with area character, legibility, readability, finish and visibility, and other considerations
deemed relevant by the Planning Commission and City Council because they maintain appropriate
performance standards for signs and would be applied to projects on a case -by -case basis to minimize
visual impacts.
3. The proposed Amendments related to signs would not result in any change of zoning districts
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and therefore would not be detrimental to the use of land in any adjacent zone.
SECTION 2. Amendments
The City Council hereby amends the following sections of the South San Francisco Municipal Code to
read as follows. Sections and subsections that are not amended by this Ordinance are not included below,
and shall remain in full force and effect.
1. Revise Section 20.360.002 "Applicability and Exemptions" as follows:
B. Exempt Signs. The following on- premises signs are exempt from the permit requirements of this
chapter and they do not count toward the total sign area limit for a site, provided that they conform to the
specified standards:
1. Bulletin Boards. One bulletin board not exceeding 20 square feet in area or five (5) feet above
existing grade, if located on the premises of a public, or quasi - public agency, community facility, or
institution.
3. Signs Required or Authorized by Law. Signs required or authorized by law not more than (2)
square feet in sign area and which comply with the requirements of the law.
6. Traffic, Informational, and Warning Signs. On -site traffic, informational or warning signs
required or authorized by a public utility, common carrier, or public agency and not exceeding one square
foot in area erected for the convenience of the public, such as signs identifying restrooms, public
telephones, walkways and similar features or facilities or indicating danger and aids to service or safety.
7. Signs Located at Properties for Sale or Lease. A sign, no larger than 24 square feet, that is
attached or affixed to a property or premises in a semi - permanent manner where that property or premises
is being offered for sale or lease. Such signs shall be removed within ten (10) days following the close of
escrow on the sale or exchange of property, the execution of a lease or withdrawal of the property from the
market.
2. Revise Section 20.360.004 "Prohibited Signs" as follows:
G. Off-Premises Signs. To the extent allowed by law, with the exception of off- premises signs legally
in existence at the time of adoption of this chapter or permitted pursuant to a relocation agreement under
Section 20.360.002(A) and a Sign Permit under Section 20.360.009, off-premises signs are prohibited.
Messages placed on transit benches or shelters sponsored or contracted by the transit agency pursuant to a
contract and with its consent are exempted from this prohibition. Legally established off-premises signs
are subject to the nonconforming sign provisions of Section 20.360.012 ( "Nonconforming Signs ").
I. Portable Signs, as defined by Section 20.360.015(BB), are prohibited.
L. Signs on Public Property. No person shall paint, mark, or write on, or post or otherwise affix any
handbill or sign to or upon any public property, including but not limited to,_sidewalk, crosswalk, curb,
curbstone, street lamp post, hydrant, street median, tree, shrub, tree stake or guard, post, railroad crossing,
electric light or power or telephone or telegraph pole, or wire appurtenance thereof, or upon any fixture of
the fire alarm or police communications system, or upon any lighting system, public bridge, public
building or wall, drinking fountain, street sign, or traffic sign or any other public place, except:
1. Signs or handbills posted by a public officer or public employee in the performance of a public
duty;
2. Signs that are required or authorized by law;
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3. Messages placed on transit shelters sponsored or contracted by the applicable transit agency
pursuant to a contract with the transit agency and with its consent; and
4. A sign, banner, or other similar display that meets all of the following criteria, as determined
by the City Manager or his or her designee:
a. is located within the Downtown area or along El Camino Real;
b. is no greater than 24 square feet;
c. is affixed to an electric light, power, or telephone /telegraph pole or other
stationary fixture and the display is placed at least eight (8) feet above the ground;
d. is displayed for no more than 30 days in any calendar year;
e. is made of high - quality, weather - proof, durable material; and
f. promotes any of the following types of events: (1) public programs or
educational activities held in the City that are open to the public and serve the community in a
non - discriminatory way, (ii) events that encourage tourism in the City, (iii) events that promote the culture
and/or history of the City.
5. A sign, banner, or other similar display that is constructed by the City, paid for out of City
funds, and posted by a City employee within the scope of his /her City employment.
M. Vehicle Display Signs. Vehicle display signs as defined in Subsection 20.360.015(KK) ( "Vehicle
Display Signs ") which are larger than six (6) square feet in size or exceed a maximum area of 12 square
feet on any one vehicle, except the following:
1. Vehicle Display Signs on public buses; or
2. Vehicle Display Signs on taxicabs.
3. Revise Section 20.360.006 "General Standards" as follows:
A. Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard and other materials
subject to rapid deterioration shall be limited to temporary signs displayed for no more than 45 days.
P. Temporary Signs. Any temporary sign, banner, balloon, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without
frames may be erected and located in accordance with the following standards:
1. Maximum Total Temporary Sign Area.
a. Residential. Six square feet, no portion of which may be higher than seven feet above
existing grade.
b. Nonresidential. 24 square feet, no portion of which may be higher than 10 feet above
existing grade.
2. Distance between Signs. Minimum two feet.
3. Time Limits. Temporary signs shall be removed within 45 days after they are placed, erected or
installed. In no case shall a temporary sign be allowed more than twice per year.
4. Revise Section 20.360.010 "Master Sign Program" as follows:
F. Required Findings. In order to approve a Master Sign Program, the Review Authority must find
that all of the following are met, in addition to other applicable regulations in this section:
3. Traffic signage and building addressing is adequate for pedestrian and vehicular
circulation and emergency vehicle access.
5. Revise Section 20.360.012 "Nonconforming Signs" as follows:
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C. Alteration. Except as provided below, no nonconforming sign shall be altered or moved unless
such alteration or moving reduces the degree of nonconformity.
2. Signs which reflect the unique historical characteristics of the development and heritage of
South San Francisco may remain, subject to continued maintenance, until the use of the site on which the
sign is located changes, subject to Planning Commission approval based on the following findings:
d. The sign is maintained in compliance with provisions of Section 20.360.013 ( "Sign
Maintenance "). Continued maintenance shall be a condition of approval of the permit.
6. Revise Section 20.360.013 "Sign Maintenance" as follows:
E. Abandoned signs shall be removed in compliance with the following requirements. Any sign not
removed within the required period shall constitute a nuisance and shall be removed pursuant to the
procedures set forth in Division 3, Chapter 2.6 of the Business and Professions Code (Section 5499.1 et
seq.).
1. Off - Premises. An off - premises sign that has carried no message or a message related to a
non - existent business, service, product, or activity for more than 12 months, and/or for which no legal
owner can be found shall be removed.
2. On- Premises. An on- premises sign for a business, lessor, or owner whose use of the premises
has ceased for a period of not less than 90 days shall be removed by the owner or lessee of the premises
upon which the sign is located.
7. Revise Section 20.360.014 "Enforcement, Liability, and Penalty" as follows:
D. Removal. Notwithstanding the foregoing, the Chief Building Official, Code Enforcement Officer,
Director of Public Works or Police Department may have removed without prior notice any sign which is
an immediate threat to persons or property or which is located on public property in violation of this
Chapter. Once such a sign is removed the Code Enforcement Officer shall immediately attempt to notify
the owner of the sign, if ascertainable. If the sign is not retrieved within 15 days after removal, it shall be
deemed abandoned and may be disposed of by the City.
8. Revise Section 20.360.015 "Definitions" as follows:
K. Traffic Sign. A sign designed to direct or guide pedestrian or vehicular traffic by identifying an
attraction, service, or use and providing directional information (e.g., handicapped parking, one -way, exit,
and entrance).
Y. Off - Premises Sign. A sign which advertises goods, products or services which are not sold,
manufactured or distributed on or from the premises or facility on which the sign is located or advertises a
business, owner, occupant or activity not located on the premises or facility on which the sign is located.
Z. On- Premises Sign. A sign which advertises goods, products or services which are sold,
manufactured or distributed on or from the premises or facility on which the sign is located or advertises a
business, owner, occupant or activity located on the premises or facility on which the sign is located. This
definition also includes on- premises Traffic signs. -
BB. Portable Sign. Any sign over six (6) square feet in size designed to be easily transported,
including, but not limited to, signs designed to be transported by means of wheels; signs made as A -frames
or T- frames; menu and sandwich board signs; and signs attached to or painted on vehicles parked and
visible from the public right -of -way. This definition expressly excludes hand -held signs and signs affixed
to vehicles that are less than six (6) square feet in size.
JJ. Temporary Sign. A sign that is designed to be temporarily mounted or displayed and that is not
intended for permanent or long -term use.
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KK. Vehicle Display Sign. A sign mounted, attached, affixed or painted upon any surface of a
vehicle, trailer or similar wheeled conveyance within the City or outside the City.
9. Revise Section 6.90.080 "Temporary sidewalk sales" as follows:
Temporary sidewalk sales or displays may be allowed in commercial districts only with a special
permit from the City Manager which may be issued subject to the following terms and conditions:
(e) Temporary signs for temporary sidewalk sales are subject to the Temporary Sign regulations of
Chapter 20.360 ( "Signs ").
10. Revise Section 10.36.178 "Signs and advertisements" as follows:
No person in a park shall paste, glue, tag, or otherwise post any sign, placard, advertisement or
inscription or erect any sign in any park except a reasonable direction sign related to the activity
concession permit site.
11. Revise Section 20.220.011 "Signs" as follows:
A. General Requirements. Each sign shall be in harmony with the texture and color of the building
to which it is affixed, and shall otherwise be governed by the provisions of Chapter 20.360 ( "Signs ")
provided, however, that the limitations found in this section shall apply to the extent they add to or are
different from the requirements of Chapter 20.360 ( "Signs ").
12. Revise Section 20.230.009 "Signs" as follows:
A. General Requirements. Each sign shall be in harmony with the texture and color of the building
to which it is affixed, and shall otherwise be governed by the provisions of Chapter 20.360 ( "Signs ").
13. Revise Section 20.240.012 "Residential District Regulations" as follows:
The following special regulations shall apply to development within the Terrabay residential district
shown on Figure 20.240.001, Terrabay Specific Plan District:
D. Signs Located at Properties for Sale or Lease are subject to the regulations pertaining to such signs
as found in Chapter 20.360 ( "Signs ").
14. Revise Section 20.240.013 "Mixed Use District Regulations" as follows:
F. Temporary Signs. A temporary sign is a sign that is designed or intended to be temporarily
mounted or displayed, and that is not intended for permanent or long -term use as defined by South San
Francisco Municipal Code Section 20.360.006(P). If the proposed temporary sign does not conform to the
technical standards of Chapter 20.360, but nonetheless adheres to the Design Principles of Section
20.360.003, the Chief Planner shall approve an application for a temporary sign placement provided the
following standards are met:
3. Temporary signs shall be removed within 45 days after they are placed, erected or
installed. In no case shall a temporary sign be allowed more than twice per year.
15. Revise Section 20.340.003 "Temporary Uses Requiring a Temporary Use Permit" as
follows:
Other temporary uses may be permitted pursuant to Chapter 20.520 ("Temporary Use Permits "),
subject to the following standards. Additional or more stringent requirements may be established through
the Temporary Use Permit process in order to prevent the use from becoming a nuisance
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with regard to the surrounding neighborhood or the City as a whole.
A. Temporary Commercial Uses. Short term temporary commercial uses, such as business
promotions, outdoor sales, and displays that do not exceed three consecutive days, may be permitted in
accordance with the following standards:
3. Signs. Temporary signs for temporary commercial uses are subject to the Temporary Sign
regulations of Chapter 20.360 ( "Signs ").
16. Revise Section 20.350.023 "Home Occupations" as follows:
D. No sign or advertising shall be published or displayed on the premises, unless required by
State law. If applicable, the applicant shall provide the necessary evidence that identification is required by
State law.
17. Revise Section 20.350.028 "Mobile Vendor Services" as follows:
Mobile Vendor Services that provide temporary personal and support services to employees from a
readily moveable unit shall be located and operated in compliance with the following requirements and
development standards:
E. Signs. Signs relating to Mobile vendor services are subject to the regulations pertaining to Vehicle
Display Signs as found in Chapter 20.360 ( "Signs ").
18. Revise Section 20.350.030 "Outdoor Seating" as follows:
Eating and drinking establishments with outdoor seating areas shall be located, developed, and
operated in compliance with the following standards:
b. Design
iv. No signs shall be permitted in a sidewalk dining area (including sign copy on umbrellas) except as
may be required by the City or Department of Alcoholic Beverage Control for reasons of public health or
safety.
19. Revise Section 20.350.034 "Recycling Facilities" as follows:
B. Criteria and Standards.
2. Small Collection Facilities.
m. Signs may be provided as follows:
iii. Traffic signs may be installed with the approval of the City Engineer and
Police Department if necessary to facilitate traffic circulation, or if the facility is not visible from the
public right -of -way;
3. Large Collection Facilities.
1. Facility shall be clearly marked with the name and phone number of the facility
operator and the hours of operation; identification and informational signs shall meet the standards of the
district; and traffic signs may be installed with the approval of the City Engineer and Police Department, if
necessary, to facilitate traffic circulation or if the facility is not visible from the
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public right -of -way; and
20. Revise Section 20.450.005 "Public Notice" as follows:
Unless otherwise specified, whenever the provisions of this Ordinance require public notice,
notification shall be provided in compliance with the requirements of State law and as follows.
B. Posted Notice. Notices shall be posted at the following three public places within the City of
South San Francisco. In addition, the applicant shall erect a temporary sign or post a poster, in a format
approved by the Planning Division, in a prominent place on the site for the 15 days prior to the hearing.
The notice shall include all of the information listed in subsection E below.
SECTION 3. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or
provision to other persons or circumstances, shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South
San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code section 36933, a summary of this Ordinance shall
be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the
City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this
Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified
copy of the full text of this Ordinance along with the names of those City Council members voting for and
against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from
and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14th day of
December, 2016.
At a meeting of the City Council on 1/11/2017, a motion was made by Karyl Matsumoto, seconded by Liza
Normandy, that this Ordinance be adopted. The motion passed.
Yes: 4 Vice Mayor Normandy, Councilmember Matsumoto, Mayor Gupta, and
Councilmember Addiego
Absent: 1 Councilmember Garbarino
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File Number: 16 -1015 Enactment Number: ORD 1529 -2017
Attest by
argare oberts
Mayor Pradeep Gupta
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