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CITY COUNCIL AGENDA ITEM NO. 17



Meeting Date: November 26, 2002

Subject/Title: Public Hearing- Sign Ordinance Amendment (RZ 02-07) Relating to Projecting Signs.

Submitted by: Community Development (M.Oshinsky/M.Leana) 

Approved by: John Stevenson, City Manager



RECOMMENDATION 
Introduce and waive the first reading of an ordinance amending the Sign Ordinance to allow projecting signs to project up to five (5) feet into a public right of way provided that the projection remain 12 inches from the curb and establishing a minimum clearance of eight (8) feet above grade for all projecting signs. 

BACKGROUND 
The existing city sign ordinance permits projecting signs but restricts their projection to one (1) foot into the adjacent right of way. For the last several years city staff has been encouraging new and remodeled businesses in the downtown to use projecting signs instead of the flush mounted building signs in order to promote and augment the pedestrian friendly nature of our downtown. Unfortunately, those businesses who have heeded our encouragement have had to apply for a variance due to the restrictive nature of the sign ordinance's existing standard.

In order to be more business friendly, and to reduce the time and expense of applying for a variance, staff proposed this change. At its meeting on October 29, 2002, the Planning Commission unanimously recommended that the City Council approve an ordinance change for projecting signs provided they do not encroach beyond the sidewalk, with the inclusion of a minimum height above grade that any projecting sign must adhere to. The sign ordinance is presently silent on a requirement for a minimum height above grade. 

To research this last issue staff put out a request over the internet to all California cities. Twenty-two (22) responses were received, divided almost equally between southern and northern California cities. Nearly all cities responding require projecting signs to be a minimum of eight (8) feet above grade, although there were a couple that only required seven (7) feet. Since staff was researching this question we also asked about the extent of allowed projection into the rights of way. The responses varied between not allowing projecting signs to one city that allowed an unlimited projection. But most respondents indicated a 3 or 4 foot maximum projection.

Based upon what has been approved for previous projecting signs, staff feels that a maximum projection of five (5) feet should be permitted provided that the projection remain a minimum of 12 inches from the curb with a minimum eight (8) clearance above grade. This projection would keep the sign within the right of way of the sidewalk width below without hampering pedestrian or vehicular traffic.

FISCAL IMPACT
None 

Attachments
Proposed ordinance 















































ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 17.640 OF THE BRENTWOOD MUNICIPAL CODE BY MODIFYING SECTIONS 17.640.008 AND 17.640.010 RELATING TO PROJECTING SIGNS.

WHEREAS, it is the desire of the City of Brentwood to augment and preserve its downtown as a major city resource; and

WHEREAS, it is the desire of the City of Brentwood to insure that its downtown maintains some of the characteristics of a “bygone” era; and

WHEREAS, it is the desire of the City of Brentwood to insure that its downtown remains pedestrian friendly; and

WHEREAS, the use of projecting signs for businesses within the downtown is encouraged and is identified in the City’s Commercial Design Guidelines as being appropriate for downtown businesses; and

WHEREAS, current city sign regulations inhibit the use of projecting signs due to overly restrictive requirements and the need to obtain a variance; and

WHEREAS, several projecting signs have been erected without any apparent controversy; and

WHEREAS, the staff of the City of Brentwood is proposing an amendment to the Sign Ordinance intended to alleviate the existing restrictions in the hope of encouraging greater use of projecting signs; and

WHEREAS, the Planning Commission of the City of Brentwood has recommended approval of this ordinance by passing Resolution 02-76; and

WHEREAS, a public hearing notice was placed in the Antioch Ledger Dispatch on November 15, 2002 for this ordinance amendment as required by Government Code Section 65090 and City codes; and

WHEREAS, this ordinance amendment is not classified as a “project” under the California Environmental Quality Act (CEQA); and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on November 26, 2002 for the purpose of reviewing this amendment, the Planning Commission recommendation, and considered all public testimony with respect to the 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, and will not adversely affect the Brentwood community.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows: 

Section 1. Section M.640.008 B 5 (c) is hereby amended as follows: (changes shown as strike-out and italics)

Projecting signs may be located so as to project horizontally up to five (5) feet, except that they shall not project more than one (1) foot into a public right of way provided that all projecting signs are a minimum of eight (8) feet above the adjacent grade and the projection is a minimum of twelve (12) inches from the curb.

Section 2. Section 17.640.010 Prohibited Signs is amended as follows: (changes shown as strike-out and italics)

Signs projecting more than twelve (12) inches five (5) feet into the right of way of a public street.

Section 3. 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 (3) 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 26th day of November, 2002 and adopted at a regular meeting of the Brentwood City Council on the ____ day of ______________, by the following vote:









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