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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: November 28, 2000

Subject/Title: Public Hearing to Amend Chapter 17.640 of the Brentwood Municipal Code Relating to the Use of Portable Signs. 

Submitted by: Oshinsky/Leana, Community Development Department.

Approved by: Jon Elam, City Manager

RECOMMENDATION 
Introduce and waive the first reading of Ordinance XXX which amends Chapter 17.640 of the Brentwood Municipal Code permitting the use of Portable Signs and establishing standards for said signs.

PREVIOUS ACTION 
The Planning Commission reviewed this proposed code amendment at its meeting on November 8, 2000, and with minor changes unanimously recommended that the City Council adopt the change.

BACKGROUND 
Chapter 17.640 of the BMC (the Sign Ordinance) until recently prohibited the use of all portable signs. With the recent adoption of Ordinance 651 standards were approved for the use of portable signs in conjunction with outdoor dining in the Downtown area. 

Several businesses over the last several years have requested the use of ‘A’ frame and other types of portable signs as a means of identifying their business for new residents in a community that is rapidly changing due to new and/or improved road construction.

Several local businesses have been and continue to utilize ‘A’ frame signs to identify their business, reflect their services and indicate their hours of operation. Over the years, code enforcement of these signs has been sporadic.

Several Council members have been approached by various business owners to legalize the use of portable signs. This has led to this ordinance change.

ANALYSIS
In developing some criteria for permitting the use of portable signs within the City, staff undertook a quick inventory of the use of existing signs in the Downtown and along Brentwood Blvd. between Chestnut Street and Sand Creek Road. The criteria formulated in this ordinance for the use of portable signs is to help insure that the existing ‘A’-frames would adhere to the new criteria as well as the recently adopted Outdoor Dining Ordinance (with a hold harmless waiver and liability insurance required if a portable sign is placed within the City right-of-way), and to minimize the amount of code enforcement that would be necessary by City staff. 

More restrictions could be placed upon the use of portable signs, but this is not the intent in amending the existing ordinance.

Attachments:
Ordinance XXX
Recent ‘A’-frame inventory 


ORDINANCE NO. 


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 17.640 OF THE BRENTWOOD MUNICIPAL CODE BY ESTABLISHING STANDARDS FOR THE USE OF PORTABLE SIGNS

WHEREAS, it is the desire of the City of Brentwood to encourage shopping locally; and

WHEREAS, due to the continual construction and expansion of the City’s infrastructure it is often difficult for the motoring public to identify existing businesses; and

WHEREAS, many of the older commercial centers were designed in such a manner that the businesses within them cannot be readily seen from adjacent thoroughfares; and

WHEREAS, as a result of the above, potential clientele are not aware of existing businesses resulting in a loss of income to existing businesses and a loss of tax dollars to the City; and

WHEREAS, local businesses and the City Council of the City of Brentwood feels that the use of A-frame and other portable signs is a cost-effective method that will help reduce these problems; and

WHEREAS, this code amendment is found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311, as portable signs are classified as accessory structures; and 

WHEREAS, the Planning Commission conducted a duly noticed public hearing, considered this amendment at it special meeting on November 8, 2000, and passed Resolution 00-78 recommending approval of the proposed amendment; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on November 17, 2000, according to City policies and Government Code 65090; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment at its meeting on November 28, 2000 for the purpose of reviewing the amendment, the Planning Commission recommendation, and accepting public input; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, the Planning Commission recommendation, and all other pertinent documents and associated actions regarding the proposed amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this amendment:

This amendment is consistent with the General Plan, is appropriate for the public interest, is intended to improve the vitality of local businesses, and will not adversely effect the Brentwood community.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows: (added text underlined, deleted text stricken)

Section 1.

Section 17.640.004(N) is hereby amended as followings:
Portable Ground Sign, including A-frame signs: A sign which is self supported by one (1) or more upright poles or faces and is placed upon or into the ground for a short period of time and is easily relocatable.

Section 2.

Subsection F is hereby added to section 17.640.006 as follows:

F. Portable signs, including menu boards, chalkboards or A-frame signs.

Any business located on land zoned for commercial or industrial use may utilize a portable sign to identify and/or direct patrons to their business provided that the following standards are adhered to:

1. Only one (1) portable sign per business establishment is permitted.

2. The Sign is placed on the site where the business is located.

3. The area of any portable sign shall not exceed the ten (10) sq. ft.

4. The height of any such sign shall not exceed five feet (5’) measured from the adjacent grade on which the sign is placed.

5. Any such sign placed within the City’s right-of-way shall obtain a no-fee encroachment permit from the City Engineering Department.

6. The placement of any A-frame sign shall not create any sight distance problems as determined by the City’s Engineering Department, except those permitted in connection with outdoor dining uses, per Section 17.900.005.e, which do not require an encroachment permit

7. Lights, banners, flags or similar objects shall not be placed on or adjacent to such signs.

8. To provide for adequate pedestrian circulation, and adequate vehicle sight distance any sign placed within the City’s right-of-way shall maintain a minimum of four (4) feet of clearance between the sign and any curb line, street furniture or above ground utilities.

9. The owner of any business desiring to place a portable sign within the City right-of-way shall provide an executed City hold harmless waiver and proof of liability insurance to the satisfaction of the City Attorney prior to placing the sign within said right-of-way.

10. The signs shall not interfere or damage any existing landscaping.

11. All signs shall be painted and maintained in a professional manner.

Section 3

Subsection U of Section 17.640.010 is deleted in its entirety.

Section 4.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three 93) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

2. Publishing the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or

3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 28th day of November, 2000, and adopted at a regular meeting of the Brentwood City Council the 2000, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

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