CITY COUNCIL AGENDA ITEM
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
Approved by: Jon Elam, City Manager
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.
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.
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.
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.
Recent ‘A’-frame inventory
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;
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;
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 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 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.
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.
Subsection U of Section 17.640.010 is deleted in its entirety.
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;
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
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: