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HomeMy WebLinkAboutOrd. 1570-2019 (19-142)File Number: 19-142 Enactment Number: ORD 1570-2019 ORDINANCE MAKING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING CODE RELATED TO SIGNAGE CITYWIDE. 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for the City of South San Francisco ("City") adopted a comprehensive update to the City's zoning ordinance, which repealed the then -existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title 20 that, among other actions, established new zoning districts, revised and reformatted many then -existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards ("Zoning Ordinance"); and WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including revisions to the City's Chapter 20.360 regulating signs in order to provide standards to allow digital billboards and other minor modifications ("Zoning Text Amendment"); and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration ("Zoning Ordinance 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 City Council adopted an Initial Study / Mitigated Negative Declaration ("IS/MND") on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with the provision of CEQA and CEQA Guidelines, which analyzed the potential environmental impacts of billboards along the west side of U.S. Highway 101; 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 Zoning Ordinance IS/ND or IS/MND prepared and circulated for the siting of billboards along U.S. Highway 101, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 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: City of South San Francisco Page 1 File Number. 19-142 SECTION 1. FINDINGS. Enactment Number. ORD 1570-2019 Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: General Findin Ys, L 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 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 1.999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report,-, the South San Francisco Municipal. Code; the 2015 Initial Study / Mitigated Negative Declaration prepared for the siting of billboards along the west side of U.S. Highway 1.01. (46101 Terminal Court Clear Channel Billboard Project") and. related Zoning Text Amendment, including all written comments received; the project applications; the project plans, as prepared by YESCO, dated. April 26, 2017; all reports, minutes, and public testimony submitted as part of the Planning, Commission's duly noticed meeting on December 20, 2018; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on February 1.3, 2019; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), 1 The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 31.5 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager. ZoninLy Amendment Findin y,s 1. The proposed Zoning Text Amendment is consistent with the adopted General Plan because they establish regulations that balance the need of different users for adequate identification, communication and advertising with the objectives of protecting the public and promoting a visually attractive community. By allowing the installation of electronic changeable copy signs, subject to a sign permit, the proposed zoning amendments will allow uses that typically have public messaging to incorporate digital signage that provide more timely messaging, strengthen and promote economic development objectives and actively market South. San Francisco. The proposed Zoning Text Amendment related to the regulation of electronic reader boards will remain consistent with the City's General Plan vision for community and economic development by promoting economic development within the City and expanding the communication of community services, The proposed Zoning Text Amendment will not impede achievement of any of the goals, policies, or land use designations established in the General. Plan. City of South San Francisco Page 2 File Number. 19-142 Enactment Number: ORD 1570 2019 2. The proposed Zoning Text Amendment related to electronic changeable copy signs would only affect properties located in the Free way Commercial (FC) zorting district, which provides areas for regional -serving retail uses, cornmercial lodging, visitor services and similar uses that benefit from proximity to the Bayshore Freeway. The affected properties in the FC zoning district are also in keeping with existing zoning ordinance language, including SSFMC Section 20.360,011(A)4, which allows signs in the Airport/South Airport Boulevard and Highway 1.01 corridor areas which have special sign needs due to the regional nature of the use, the traveler -oriented nature of the use, or other special requirements. The electronic changeable copy signs will also be designed to be appropriate for surrounding uses, The existing standards ensure that proposed projects are suitable in tenns of architectural compatibility, consistency with area character, legibility, readability, finish and visibility, and other considerations deemed relevant by the Planning Commission and City Council because the performance standards for electronic changeable copy signs, including operational limitations related to static messages, maximum lighting levels, a requirement for a light sensing device that adjusts the sign brightness as ambient light conditions change, and location limitations, are included in the existing standards and would be applied to proposed Prqject to minimize visual impacts. 3. The proposed Zoning Text Amendment related to electronic changeable copy signs would not result in any change of zoning districts and therefore would not be detrimental to the use of land in any adjacent zone. SECTION 11. 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 arnended by this Ordinance are not included below, and. shall remain in full force and effect. A. Amend Section 20.360.004 to clarify when an Electronic Changeable Copy Signs is not considered a prohibited sign, as follows: The following signs shall not be permitted, erected or maintained within the City of South San Francisco. A. Animated, Flashing, or Moving Signs. Any sign with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, reflect, vary in intensity, vary in color, or use intermittent electrical pulsations, A digital billboard when operated in accordance with the operating standards set forth in. Section 20,360.006(6.0 and an electronic changeable copy sign when operated in accordance with the operating standards set forth in Section 20.360,,006(0) do not fall within this prohibition. B. Emissions, Signs that produce noise in excess of 40 decibels and signs that it odor or visible smoke, vapor or particles. Exposed Raceway. Exposed sign raceway is prohibited. D. Fences Signs. Signs attached or painted on fences or freestanding walls that are not part of a building. Internally Illuminated Signs and Bare Bulbs. F. Obstruction of Ingress and Egress or Ventilation,. Signs shall. not obstruct any door, window, or fire escape. No sign shall be attached to a standpipe, gutter drain, handicap access or fire escape. Signs shall not interfere with any opening required for ventilation.. City of South San Francisco Page 3 File Number. 19-142 Enactment Number: ORD 1570-2019 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. Electronic changeable copy signs permitted pursuant to Section 20.360.006(0) are only permitted as on-site premise signs. 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"). H. Pole Signs. A Pole Sign permitted pursuant to a relocation agreement under Section 20.360.002(A) and a Sign Permit under Section 20.360.009 does not fall within this prohibition. B. Amend Section 20.360.006(D) to clarify that Electronic Changeable Copy Signs are also allowed to be internally illuminated, as follows: D. Illumination. Illuminated channel letters and neon signs are allowed. However, internally illuminated signs and bare bulbs are prohibited except with respect to Electronic Changeable Copy Signs and Digital Billboards as otherwise provided herein. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure, unless approved with a Minor Use Permit, and shall be shielded according to the following table. All sign illumination shall adhere to the performance standards for lighting and glare in Section 20.300.010 ("Performance Standards") other than Electronic Changeable Copy Sign illumination, which illumination standards shall be in accordance with subsection O of this section, and Digital Billboard illumination, which illumination standards shall be as provided in the applicable relocation agreement and in accordance with subsection Q of this section. C. Amend Section 20.360.006(0) to clarify the standards to allow electronic changeable copy signs, as follows: Changeable Copy. Changeable copy shall cover no more than 25 percent of the total sign area, and be no larger than 75 square feet, except as otherwise provided in this chapter. Electronic Changeable Copy Signs are allowed for uses located in the Freeway Commercial zoning district, in accordance with the following standards: Maximum Number of Signs per Property. Where permitted, one (1) electronic changeable copy sign is permitted per property. Operational Limitations. Electronic Changeable Copy Signs shall contain static messages only, and shall not contain any display with movement, or the appearance or optical illusion of movement during the static display period, or any part of the sign structure, including the movement or appearance of movement. Every static message contained on an electronic changeable copy sign shall not include flashing or the varying of light intensity. The content of an Electronic Changeable Copy Sign must transition by changing instantly, with no transition graphics. Minimum Display Time. Each message on the Electronic Changeable Copy Sign must be displayed for a minimum of 15 seconds. Light Level. Lighting levels will not increase by more than 0.3 foot candles (over ambient City of South San Francisco Page 4 File Number 19442 Enactment Number., ORD 1570-2019 levels) as measured. using a foot candle meter at a distance of one hundred and fifty fbet. e. Light Sensor. Each. display must have a light sensing device that will adjust tile brightness as ambient light conditions change, f Hours of Operation. Electronic Changeable Copy Signs may be illuminated from 6am until 11 p , or one-half hour past the close of business that the ElectTonic Changeable Copy Sign is permitted for, whichever is later, 19. Alternative Lighting Technology, The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the ftiture. Any other technology that operates under the maximum brightness stated in this subsection 0 shall not require an ordinance change for approval, unless the Planning Commission finds it in. the best interest or the public to do so. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types. h. Malfunction. Electronic Changeable Copy Signs shall be operated with. systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction. i. Emergency Information. Owners of Electronic Changeable Copy Signs are encouraged to coordinate with law enfarcement and emergency management authorities to display, when appropriate, regional emergency information important to the traveling public including, but not limited to, Amber Alerts or emergency management information, i. Prohibited. The following are prohibited-. addition of an Electronic Changeable Copy Sign to a nonconforming sign, an orientation of the Electronic Changeable Copy Sign towards Highway 101, and an Electronic Changeable Copy Sign located off -premises. & Fuel Pricing Displays. Automobile Service Station fuel pricing displays are permitted as air Electronic Changeable Copy Sign. 3. Uses located in other zoning designations may be allowed an Electronic Changeable Copy Sign if granted a Type C sign permit pursuant to the Special Circumstances Section 20.360.011, subject to compliance with appropriate environmental review under CEA. D. Amend Section 20.360.0.11(A) to clarify when electronic changeable copy signs are subject to Special Circumstances Sign processing, as follows: A. Purpose. Unusual site conditions, locations, particular unique signing requirements, or other design factors may warrant types, heights, and sizes of signs not otherwise permitted by the regulations of this chapter. Such signs, including, but not limited to, the following, shall require a Type C permit and shall be processed in accordance with Section 20.360.009. 1. Roof signs which extend above the highest point on the roof or of the type not allowed by Section 20.360.0060) Temporary Signs. 2. Any individual sign, or combination of all signs on any one property, which exceeds the height or area limitations prescribed in this chapter. 3. Signs in the Grand Avenue Core (CIAO) Zone District which are of a classic design style, consistent with those designed and erected in the 1940s and 1950s, 4. Signs in the.Airport/South Airport Boulevard. and Highway 101 corridor areas which. City of South San Francisco Page 5 File Number: 19-142 Enactment Number., ORD 1570-2019 have special sign needs due to the regional nature of the use, the traveler -oriented nature of the use, or other special requirements. 5. Employee -oriented signs for multi -building campus -like facilities in. the east of 101 area, of which at least four hundred. thousand total square feet of development is occupied by a single tenant. Signs approved pursuant to this subsection shall: a. Be architecturally integrated with the buildings to which they are attached; b. Be oriented toward the interior of the campus and not a public area, including public rights-of-way and public open space; c. Hide from view or disguise any separate structure or apparatus required to attach the signs to buildings; and d. Only contain copy that is directly associated with the entity for which the sign. perrm it is issued, 6. Electronic Changeable Copy Signs for uses located in other zoning designations not specified by Section 20.360.006(0) Changeable Copy Signs, E. Amend Section 20.360.015 to provide a definition for an electronic changeable copy signs, as follows: Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings: A. Alter., Any change in the weight, depth., height, area, thickness, location, or type of display of an existing sign but shall not be construed to prevent normal or periodic maintenance, upkeep, or repair of a sign or change of copy. B. Animated Sign. A sign. that uses movement or change of lighting to depict action or create a special effect or scene. C. Area of Sign. The area included within the outer dimensions of a sign face display area including all portions not part of the necessary supporting structure. D. Awning Sign. A sign painted or otherwise affixed permanently to the exterior surface of an awning. Eo Balloon. An inflatable, airtight bag that can be strung together in multiple numbers to attract attention to a business location,, A balloon shall not be considered an inflatable sign. E Building Mounted Sign.. Any sign mounted or erected on or against any building or fagade, including all wall signs, awning and canopy signs, projecting signs, and shingle signs. G. Canopy Sign. Any sign of any nature which is painted, printed, stamped, sewed, or otherwise attached to a canopy. H. Changeable Copy Sign. A sign whose informational content can be changed or altered. either automatically or manually. 1, Channel Letters., Three-dimensional individual letters or figures, with an open back or front, illuminated or non -illuminated, that are affixed to a building or to a freestanding sign structure, ,V Digital Billboard. An off site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A Digital Billboard is distinct from, and shall not constitute an Animated Sign or Changeable Copy Sign in the context of this chapter. K. Double -Faced Sign. A sip designed to be viewed from two directions. City of South San Francisco Page 6 File Number: 19-142 Enactment Number. ORD 1570-2019 L. Electronic Changeable Copy Sign. A, type of Changeable Copy Sign whose infonnational content can be changed or altered electronically, A Flag. A sign attached. to a pole or a structure that has characters, letters, illustrations, or ornamentations applied to cloth, paper, fabric, or other lightweight material, with only such material for a backing. Flags include banners or pennants that are suspended so that they are actuated by wind currents. N. Flashing. A light or message that changes more than once every Four seconds. 0. Freestanding Sign. A. sign. that is permanently supported upon the ground by poles or braces and is not attached. to any building or other structure. Examples of freestanding signs are pole and monument signs. P. High. -Rise Building Identification Sign. A wall sign located on the upper - most story of a building of at leastbour stories that identifies the occupant of the building, company logo, generic type of business, or the name of a business or building. Q. Identification Sign,.A permanent sign used to identify a building or group of buildings, residential area., shopping district, industrial district, or any area that fulfills the definition of an identifiable area. R. Illuminated Sign. A sign with an artificial source of light incorporated internally or externally for the purpose of illurninating the sign. S. Inflatable Sign...A form of inflatable device (e.g., shaped as an. animal, blimp, or other object) that is displayed., printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event. An inflatable sign shall not be considered a balloon. I Logo. A. specially designed graphic symbol. of a business establishment, company., institution, organization, or any other legal private or public entity. I.I. Marquee Sign.. A sign advertising an event, perforniance, service, seminar, conference, or show, and. displayed on a permanent roof -like structure or canopy made of rigid materials supported by and extending from the fii�ades of a building. V Master Sign Program., A. coordinated program of signage designed to encourage consistency in signage for developments with multiple tenants or for developments with a single tenant, occupant, or user proposing multiple signs. W Monument Sign. A. low -profile freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure approximately the same dimension as the height of the sign and which is designed to incorporate the architectural theme and building material of the building on the premises. X. Neon Sign. A sign with tubing that is internally illuminated by neon or other electrically charged gas, 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-Prernises 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. City of South San Francisco Page 7 File Number: 19-142 Enactment Number: ORD 1570-2019 AA. Pole Sign. A sign supported wholly by a pole or poles placed. in, or upon, the ground and which are not part of a building. BB. Portable Sign., Any sign over six 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-frarn. es 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 square feet in size. CC. Projecting Sign.. Any sign which is attached to a building or other structure and extends beyond the line of the building or structure to which it is attached. DD. Roof Sign. Any sign of any nature, together with all its pairs and supports, which is erected, constructed or maintained on or above the roof or parapet of any building. EE, Shingle Sign. A. type of projecting sign suspended beneath a marquee, covered walkway, or canopy and visible to pedestrians from the sidewalk. FF. Sign, Any metal, wood, paper, cloth, plastic, paint, material, structure, or part thereof, device, or other thing whatsoever which is located in or upon, placed, erected, constructed., posted, painted, tacked, nailed, glued, stuck, carved, fastened, or affixed to any building or structure, on the outside or inside of a window or on any awning, canopy, marquee, or similar appendage, or on the ground or on any tree, wall, bush, rock, post, fence, or other thing whatsoever in such. manner as to be visible out-of-doors and which displays or includes any numeral, letter, word, model, banner, air -inflated balloon, emblem, insignia, symbol, device, light, illuminated device, searchlight, trademark, or other representation used. as, or in the nature of, an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry. "Sign" shall include any portable sign. GG. Sign. Area. See .Area of Sign. HH. Sign Copy. That portion of a sign which consists of the actual writing, pictorial representation, decoration, emblem, or flag, or any other device, figure, logo, or similar character, as distinguished from that portion of the sign which forms the background. of any such writing or other said elements, 11. Sign Face, That portion of a sign containing sign copy, which constitutes a single plane, which is intended to be visible from a single vantage point. M. Temporary Sign. A. sign.. that is designed to be temporarily mounted or displayed and that is not intended for permanent or long-term. use. KK, Traffic Sign. A sign designed to direct or guide pedestrian or vehicular traffic by identifying an attraction, service, or use and providing directional info ..anon (e.g., handicapped parking, one-way., exit, and entrance). LL. Vehicle Display Sign. A. sign... o ted, attached, affixed or painted upon any surface of a vehicle, trailer or similar wheeled conveyance within the City or outside the City. MM.. Vehicle for Sale Sign. A. sign. painted or affixed onto vehicles for sale that are kept in vehicle display areas of new and used motor vehicle dealership lots. NM Wall Sign. Any sign. attached to, painted on, or erected against, and in a plane parallel to, the exterior front, rear, or side wall of any building or other structure; wall signs include painted wall signs and individual. letter signs. 00, Window Sign. A sign painted or installed on a glass window or door or located within 12 City of South San Francisco Page 8 File Number. 19-142 Enactment Number: ORD 1570-2019 inches ftom inside the window in a manner that it can be viewed from the exterior of a structure. SECTION 111. 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 hart 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 IV. PUBLICATION AND EE.FECTIVE 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. Ata meeting of the City Council on 2/27/2019, a motion was made by Richard Garbarino, seconded by Mark Addiego, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Matsumoto, Vice Mayor Gwbarino, Councilinember.Ad diego, Councihnember Nagales, and Councilme.mber Nicolas 2mr Attest by icosa Govea Acosta tsurnoto City of South San Francisco Page 9