City of Grass Valley City zcouncil Agenda Action Sheet

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1 City of Grass Valley City zcouncil Agenda Action Sheet ilix. Agency Council Meeting Date: February 8, 2011 Date Prepared: January 31, 2011 Prepared by: Title: Agenda: Joe C. Heckel, Community Development Direc Thomas Last, Planning Director Consider recommendation from the Planning Commission on amendments to the Grass Valley Development Code, Title 17, prohibiting time and temperature signs Public Hearing Recommended Motion: Open and close the public hearing and approve the amendments to the City Development Code by: 1) waiving the reading of the ordinance in its entirety and read by title only; and 2) introducing the ordinance amending the Development Code, or Title 17 of the Municipal Code. Background: On October 12, 2010, the City Council upheld the Planning Commission s denial of an electronic message display sign by First Baptist Church. The church requested a sign exception to add the electronic signage to an exiting monument sign, which contained an electronic time and date display. The current Development Code allows time and temperature displays but no other electronic signs. During the October 12th meeting, the Council expressed concerns as to whether or not electronic message displays were appropriate for the community. The City Council appointed Mayor Swarthout and Councilmember Cookson to an ad hoc committee to develop recommendations on the acceptability of electronic message displays. The ad hoc subcommittee reviewed the current regulations and the issues related to electronic message displays The committee determined the City should maintain its current regulations and also prohibit digital time and temperature displays At its meeting on November 23, 2010, the Council directed staff to prepare an amendment to prohibit electronic time and temperature signs. The Planning Commission recommended approval of this amendment at its meeting on January 18, The attached ordinance includes the recommendations provided by the Commission. Funds Available: N/A Account #: N/A Route to be Reviewed by: W City Administrator Action: Approved Denied Approved with Modifications Other Attachments: 1. Ordinance 2. Planning Commission Report Page 1 of I Agenda Item # G:\DATA\WPDATA\Council Action Sheets for 201 1\CCMTGO2O81 1\CCAS CDD Dev code signs.doc

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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY AMENDING THE GRASS VALLEY DEVELOPMENT CODE, TITLE 17 OF THE CITY MUNICIPAL CODE PROHIBITING TIME AND TEMPERATURE SIGNS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY AS FOLLOWS: SECTION 1. shown in Exhibit "A". SECTION 2. The Grass Valley Development Code is hereby amended as In compliance with Chapter of the City Development Code, the City Council adopts the following findings in support of these amendments to the Development Code: 1. The proposed amendment is consistent with the General Plan. Rationale: The proposed amendment provides aesthetic and design regulations and do not conflict with any stated policies in the General Plan. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Rationale: The proposed amendments provide design regulations intended to protect the public interest, health, safety, convenience, or welfare. 3. The proposed amendment is internally consistent with other applicable provisions of the Development Code. Rationale: The proposed changes will maintain internal consistency with other provisions of the Development Code. 4. On January 18, 2011, the Grass Valley Planning Commission conducted a public hearing on the proposed amendments and provided a recommendation to the City Council. 5. On February 8, 2011, the City Council conducted a public hearing on the proposed amendment. 7. The project is exempt from environmental review pursuant to Section (b)(3) of the California Environmental Quality Act (CEQA). SECTION 4. The City Council amends the City Development Code, Title 17, through its approval of this ordinance and further adopts and integrates all of the 1

4 changes to the Development Code, Title 17, of the City Municipal Code as referenced and noted in Exhibit "A". SECTION 5. This ordinance shall take effect thirty (30) days from and after the date of its adoption and a summary of said ordinance shall be published once within fifteen (15) days upon its passage and adoption in The Union, a newspaper of general circulation printed and published in the Grass Valley Area. INTRODUCED and first read on the 8th day of February, 2011 PASSED AND ADOPTED this day of February, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Is! Jan Arbuckle, Mayor ATTEST: Is! Kristi K. Bashor, City Clerk APPROVED AS TO FORM: /s! Ruthann G. Ziegler, City Attorney uj:iuk1:u.7vi$ 2 9LT

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6 Signs Traffic signs erected and maintained by an authorized public agency; 3. Legal notices, licenses, permits, and other signs required to be displayed by law 4. Signs showing the location of public facilities (e.g., public telephones, restrooms, and underground utilities); and 5. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect the public health, safety, and general welfare. E. Miscellaneous signs. 1. Address numbers not exceeding 12 inches in height. 2. Directional signs less than four (4) square feet in size. 3. Official flags of national, State, or local governments, or nationally recognized fraternal, public service, or religious organizations; provided, the length of the flag shall not exceed one-fourth the height of the flag pole, and the flag is not used for commercial advertising. 4. Illumination, patterns, pictures, and/or symbols approved as architectural ornamentation or decoration by the review authority. 5. Historical plaques erected and maintained by non-profit organizations, memorials, building cornerstones, and date-constructed stones; provided, that none of these exceed four square feet in area. 6. Service station price signs required by State law, not exceeding the number and area required by State law. The signs shall not be internally illuminated. 7. Signs or displays located entirely inside of a structure and not clearly visible from public view. 8. Signs created by landscaping (e.g., all of the letters and/or symbols are composed entirely of approved landscape elements). 9. Small, temporary signs, otherwise in compliance with the duration, number, and size requirements of this Chapter, that address non-commercial issues Prohibited Signs A. Types of prohibited signs. All signs not expressly allowed by this Chapter shall be prohibited. B. Examples of prohibited signs. Examples of prohibited signs include the following: 1. A-board and other portable sidewalk signs; 2. Abandoned signs; 3. Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color, including exeept time and temperature displays (which are not considered signs); 4. Billboards and any other off-premise signs, except as allowed by Civil Code Section 713 (See Section I. - Tourist oriented directional signs, above); Grass Valley Development Code - March 6,

7 Attachment 2

8 GRASS VALLEY STAFF 1 REPORT January 18, 2011 Meeting Agenda Rem: To: Grass Valley Planning Commissp From: Tom Last, Planning Director Approved By Joe C Heckel, Community Development Directo Application: 1 1 PLN-02 Subject Amendment to the Grass Valley Development Code - Include time and temperature displays as prohibited signs Location Applicant Zoning General Plan Environmental Status: Data Summary Applies City-wide City of Grass Valley Affects all Zoning Districts Affects all General Plan Districts Exempt I Recommendation Staff recommends the Planning Commission recommend the City Council adopt an ordinance approving the amendments to the Development Code II Project Background and Description The City Development Code prohibits electronic message display signs, but allows digital time and temperature displays On August 17, 2010, the Planning Commission denied a request by First Baptist Church for a sign exception The church requested to add an electronic message display to an exiting monument sign, which contained an electronic time and date display. The applicant appealed this decision to the City Council On October 12, 2010, the City Council denied the appeal During the October 12th meeting, the Council expressed concerns as to whether electronic signage boards were or were not appropriate for the community. The City Council then appointed a two member ad hoc subcommittee of Mayor Swarthout and Councilmember Cookson to develop recommendations on the acceptability of electronic message displays The ad hoc subcommittee met on November 16, 2010 to review the current regulations and the issues related to electronic message displays The ad hoc subcommittee recommended the City maintain its current regulation and also prohibit digital time and temperature displays At its meeting on November 23, 2010, the Council considered the ad hoc committee s recommendation and directed staff to prepare an amendment which would prohibit electronic time and temperature signs The attached draft, under section B, reflects the proposed changes Ill Environmental Status The project is exempt from environmental review pursuant to Section (b)(3) of the California Environmental Quality Act (CEQA) This exemption applies to activities covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment The proposed amendment will only impact the types of prohibited signs so this code amendment will not cause an impact on the environment Development Code Amendment 1 1PLN-02 1 For the Planning Commission Meeting of January 18, 2011

9 IV. Discussion: Attached is a draft of the proposed amendment to the Development Code The proposed changes occur on page 3-63 only, and show deletions with strikeouts and the additions with underlines The proposed change reflects an aesthetic preference for the community. Staff did not identify any conflicts with the General Plan or Development Code as it relates to the proposed amendment. Therefore, staff supports the proposed amendment. V Alternatives The Planning Commission can make a recommendation to the City Council to approve the amendments to the Development Code, or continue the hearing for further review and consideration VI. Recommended Action: Staff recommends that the Planning Commission, by motion, take the following actions: A. Recommend the City Council adopt the Findings in Section VII; and B Recommend the City Council adopt an ordinance approving the amendments to the Development Code. VII. Findings: 1. The City adopted a Negative Declaration for the Development Code on April 11, 2007 The City has adopted two addendums to that originally adopted Negative Declaration as part of two subsequent amendments to the Development Code 2. The project is exempt from environmental review pursuant to Section (b)(3) of the California Environmental Quality Act (CEQA). 3 The Planning Commission conducted a public hearing on the amendment on January 18, The Planning Commission finds that the amendments to the Development Code are consistent with the City of Grass Valley 2020 General Plan. Attachments: 1. Proposed amendment Development Code Amendment 1 1PLN-02 2 For the Planning Commission Meeting of January 18, 2011

10 Traffic signs erected and maintained by an authorized public agency; 3. Legal notices, licenses, permits, and other signs required to be displayed by law; 4. Signs showing the location of public facilities (e.g., public telephones, restrooms, and underground utilities); and 5. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect the public health, safety, and general welfare. E. Miscellaneous signs. 1. Address numbers not exceeding 12 inches in height. 2. Directional signs less than four (4) square feet in size. 3. Official flags of national, State, or local governments, or nationally recognized fraternal, public service or religious organizations provided the length of the flag shall not exceed one-fourth the height of the flag pole, and the flag is not used for commercial advertising. 4. Illumination, patterns, pictures, and/or symbols approved as architectural ornamentation or decoration by the review authority. 5. Historical plaques erected and maintained by non-profit organizations, memorials, building cornerstones, and date-constructed stones; provided, that none of these exceed four square feet in area. 6. Service station price signs required by State law, not exceeding the number and area required by State law. The signs shall not be internally illuminated. 7. Signs or displays located entirely inside of a structure and not clearly visible from public view. 8. Signs created by landscaping (e.g., all of the letters and/or symbols are composed entirely of approved landscape elements). 9. Small, temporary signs, otherwise in compliance with the duration, number, and size requirements of this Chapter, that address non-commercial issues Prohibited Signs A. Types of prohibited signs. All signs not expressly allowed by this Chapter shall be prohibited. B. Examples of prohibited signs. Examples of prohibited signs include the following: 1. A-board and other portable sidewalk signs; 2. Abandoned signs; 3. Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color, including except time and temperature displays (which are not considered signs); 4. Billboards and any other off-premise signs, except as allowed by Civil Code Section 713 (See Section I. - Tourist oriented directional signs, above); Grass Valley Development Code - March 6,

11 - City of Grass Valley City Council and Redevelopment Agency Agenda Action Sheet Council Meeting Date: November 23, 2010 Date Prepared: November 17, 2010 Prepared by: Title: Agenda: Recommended Motion: Joe C. Heckel, Community Development Direc- Recommendation of City Council Ad Hoc Subcommittee on Revisions to City Development Code relative to Electronic Message Display Signage Administrative Via motion, direct staff to proceed with certain amendments to the City Development Code which would serve to preclude electronic message display signage Background Information: On October 12, 2010, the City Council denied an appeal for an exception to the Sign Ordinance for adding an electronic message display board to an existing monument sign The applicant, the First Baptist Church, had sought to overturn a decision by the Planning Commission to deny their Sign Exception Application The City Development Code prohibits electronic message boards but allows digital time and temperature displays as a permitted use During the October 12 meeting, concerns were expressed as to whether electronic signage boards were or were not appropriate for the community. At the conclusion of this item, the City Council appointed a two member ad hoc subcommittee of Mayor Swarthout and Councilmember Cookson to develop recommendations on the acceptability of electronic message display boards and digital signs within the City. The ad hoc subcommittee met on November and reviewed the current regulations and requirements for electronic message boards and their relative benefits and issues The recommendation of the ad hoc subcommittee was the City should maintain its current regulation of not allowing electronic message display signage and that time and temperature digital displays should also be precluded Any existing sign having an electronic message display or digital time and temperature reading can be retained, however, any signage being installed would need to be compliant with these changes to the City s Development Code. To facilitate this change to our City Sign Ordinance, certain sections of the City s Development Code would need to be amended If there is support for proceeding with this change, staff would also include a few other minor updates to the Sign Ordinance which involve technical corrections or clean-up items If the City Council wishes City staff to initiate these changes or other revisions as needed, please provide direction in the form of a motion for staff to proceed These signage amendments would require public hearings before both the Planning Commission and City Council and ultimately the approval of the City Council. Funds Available: N/A Route to be Reviewed by: City Administrator Account #: N/A Dnna I i,f ArnrL, I+crn H ca 0

12 City of Grass Valley City Council and Redevelopment Agency Agenda Action Sheet Action: - Approved Approved with Modifications Denied Other Attachments: 1) Page 3-63 of City Development Code, excerpt from City Sign Ordinance, "Prohibited Signs", relative to Electronic Message Display Signage 2) Staff Report from October 12, 2010 meeting on Sign Exception Request Arc.ni4,, I+cm R

13 0 M (3 Signs Traffic signs erected and maintained by an authorized public agency; 3. Legal notices, licenses, permits, and other signs required to be displayed by law; 4. Signs showing the location of public facilities (e.g., public telephones, restrooms, and underground utilities); and 5. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect the public health, safety, and general welfare. E. Miscellaneous si gns. I. Address numbers not exceeding 12 inches in height. 2. Directional signs less than four (4) square feet in size. 3. Official flags of national, State, or local governments, or nationally recognized fraternal, public service, or religious organizations; provided, the length of the flag shall not exceed one-fourth the height of the flag pole, and the flag is not used for commercial advertising. 4, Illumination, patterns, pictures, and/or symbols approved as architectural ornamentation or decoration by the review authority. 5. Historical plaques erected and maintained by non-profit organizations, memorials, building cornerstones, and date-constructed stones; provided, that none of these exceed four square feet in area. 6. Service station price signs required by State law, not exceeding the number and area required by State law. The signs shall not be internally illuminated, 7. Signs or display s located entirely inside of a structure and not clearly visible from public view, 8. Signs created by landscaping (e.g., all of the letters and/or symbols are composed entirely of approved landscape elements). 9. Small, temporary signs, otherwise in compliance with the duration, number, and size requirements of this Chapter, that address non-commercial issues Prohibited Signs A. Types of prohibited signs. All signs not expressly allowed by this Chapter shall be prohibited. B. Examples of prohibited signs. Examples of prohibited signs include the following: 1. A-board and other portable sidewalk signs; i1cic. 2. Abandoned signs; 3 Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color, except time and temperature display s (which are not considered signs); 4. Billboards and any other off-premise signs, except as allowed by Civil Code Section 713 (See Section I. - Tourist oriented directional signs, above); Grass Valley Development Code - June 9,

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