HomeMy WebLinkAboutOrdinance 311 Ordinance Amending Saratoga City Code Sections 15-30050 and 15-30060 of Chapter 15 (Zoning) - Signs in MediansORDINANCE NO. 311
AN ORDINANCE AMENDING SECTIONS 15- 30.050 AND .060
OF THE SARATOGA CITY CODE CONCERNING SIGNS IN CITY MEDIANS
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City of Saratoga hereby finds it essential to regulate the display of median banner signs
within City limits.
A. Medians consist of narrow, gravelly, and/or landscaped strips of land located in the
middle of busy, multi -lane thoroughfares. These areas are not safe for general public
use, as cars, trucks, and other motor vehicles pass on both sides of and in close
proximity to them. Moreover, the City's medians do not provide adequate space to
sit, stand comfortably, or otherwise spend time engaging in expressive activities.
Thus, the City's medians are not conducive to discussion, discourse, or assembly, nor
have they traditionally been used for these purposes.
B. Under longstanding City policy, no signs or other structures have been allowed in
City medians without an encroachment permit. For a short time, the City allowed
signs in medians in connection with events that had been issued a Special Event
Permit. City medians have never been places where the City has allowed
unrestricted signage on all topics. The City now finds it important to adopt a
streamlined and specific policy to regulate median banner displays in the City,
restricting the former use of this forum for expression.
C. This ordinance allows signs in medians that are erected by a public entity and allows
non - governmental signs concerning events in Saratoga and otherwise makes no
distinction among signs according to their content or the event they promote. Event
organizers remain eligible to apply to display banners for events that are non-
commercial, held in the City of Saratoga, and open to the public. This limited topic,
announcing events in Saratoga, is appropriate for City medians because City
residents frequently drive pass them and thus placing announcements at safe
locations on medians is a convenient way to inform residents of upcoming events.
D. During the limited time it was permitted the installation, display, and removal of
median banners, presented potential safety risks. Motor vehicles drive at high speeds
in both directions just adjacent to the narrow strips of land that comprise the City's
medians. Each time a median banner was installed or removed under prior
procedures, members of the public who sought to display the banners had to do so on
narrow median strips. Improperly placed or installed median banners posed potential
safety risks by obstructing drivers' sight lines and distracting drivers. This median
banner amendment is necessary to address the safety risks associated with the prior
policy.
E. Excessive signs can lead to visual clutter and a streetscape that is not aesthetically
pleasing. On the other hand, median banners can unify and promote community
identity by informing and involving all members of the community in civic and
special events that are open to the public. The median banner policy serves the
City's interests in promoting community identity and public information, and
keeping the City's streets attractive and clutter -free.
F. The City finds that these median banner restrictions best balance the City's interests
and the public's right of expression, and channel expression into forums designated
for that purpose.
2. This ordinance amends provision_ s of the City's zoning regulations in Chapter 15 of the
Code. These amendments were considered by the Planning Commission of the City of
Saratoga and following a duly noticed public hearing on October 23, 2013, the Planning
Commission recommended adoption of the ordinance.
The City Council of the City of Saratoga held a duly noticed public hearing on November 6,
2013 and after considering all testimony and written materials provided in connection with
that hearing, introduced this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Sections 15- 30.050 and 15- 30.060 of the Saratoga City Code are amended as set forth below. Text
to be added is indicated in bold double - underlined font (e.g., bold double - underlined) and text to be
deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is not affected by this
ordinance.
15- 30.050 Prohibited signs.
The following signs are prohibited everywhere within the City:
(a) Signs made of reflective material, and signs incorporating flashing or moving
parts, except for traffic control signs or devices erected by a governmental entity.
Televisions or monitors less than three square feet in area are excluded from this
prohibition.
(b) Mobile billboard advertising displays.
(c) Advertising displays that are painted or attached to a vehicle parked on any
property for more than forty -eight hours within a one -week period, if the sign is larger
than twenty percent of the body panel (e.g. door, hood, roof) on which it is located.
2
(d) Streamers, balloons, flares, pennants, twirlers and similar attention - getting
devices on or incorporated into any advertising display.
(e) Posters, placards, announcements, and advertisements that are erected on any
fence, pole, tree, pavement, wall, bus stop, bench, or any other object permanently
affixed in or upon a public highway, public street or public right -of -way x e
authorized by section 15- 30.060(kl.
(f) Obscene signs, which are defined as signs containing depictions or
representations which:
(1) Taken as a whole, the average person, applying contemporary community
standards, would find appeals to the prurient interest;
(2) Depict or describe, in a patently offensive way, sexual conduct specifically
defined by California law; and
(3) Taken as a whole, lack serious literary, artistic, political, or scientific value.
(g) Signs that obstruct any door, window, fire escape or other egress path from any
building.
(h) Signs or sign structures that are in streets or travel lanes; conflict with traffic
control signs or devices; interfere with, obstruct, or misdirect traffic; impede traffic or
pedestrian movement; obstruct the clear view of vehicular or pedestrian traffic; are
located in a median at a location other than one authorized by section 15 -30 060(kl•
or otherwise create a pedestrian or vehicular safety hazard.
(i) Any signs other than those allowed by this Article.
15- 30.060 Signs allowed in any zoning district without a sign permit.
The following signs are allowed without a sign permit in any zoning district in the City:
(a) Flags, provided that they display only noncommercial messages. The aggregate
area of all flags displayed on any lot shall not exceed thirty square feet. No flagpole shall
be higher than twenty -five feet.
(b) Hand -held signs displaying noncommercial messages.
(c) Window signs, provided that the signs do not comprise more than twenty -five
percent of the area of any individual window.
(d) Temporary special event signs as approved under a special event permit issued per
City Code Article 10 -10 provided that:
L.No individual sign shall exceed ten feet in height and sixty square feet in area}
(21 The signs shall not be illuminated.
3
(3) No sign shall be thicker than one -half inch, except for support posts firmly
planted in the ground.
(4) A special event sign located on private property may incorporate balloons,
ribbons, streamers, or other attention - getting devices, provided these devices are not
displayed for more than twenty -four consecutive hours at a time, nor more than six
twenty- four -hour periods in any one year.
(5) No signs shall be located on private property without the permission of the
property owner.
(e) Temporary noncommercial signs (including, but not limited to, election signs),
provided that:
(1) No sign shall be displayed for more than seventy -five cumulative days within a
one -year period.
(2) No sign shall exceed four square feet in area and four feet in height.
(3) The sign shall not be illuminated.
(4) No sign shall be thicker than one -half inch, except for support posts firmly planted
in the ground.
(5) A temporary, noncommercial sign located on private property may incorporate
balloons, ribbons, streamers, or other attention - getting devices, provided these devices are
not displayed for more than twenty -four consecutive hours at a time, nor more than six
twenty- four -hour periods in any one year.
(6) No signs shall be located on private property without the permission of the property
owner.
(f) Temporary signs on lots with active construction. In addition to the temporary,
noncommercial signs allowed pursuant to subsection 15- 30.060(e), up to two temporary,
nonilluminated on -site or noncommercial signs on any active construction site, provided
that:
(1) The sign shall be located on the same lot as the construction project.
(2) One sign may be freestanding, but in such case shall not exceed six feet in height.
(3) One sign may be located on a construction fence.
(4) No sign shall exceed fifteen square feet in area.
(g) Banners on light poles erected or cosponsored by a governmental entity.
ll
(h) Traffic control signs and devices erected by a government entity. Lots with a
parking area exceeding ten spaces may have up to four signs for every ten parking spaces,
where each sign shall not exceed two square feet in area and four feet in height.
(i) Utility location signs, utility identification signs, and utility markers erected by a
governmental entity.
0) City entrance signs. One permanent sign adjacent to an arterial street at each
entrance to the City. The total sign area of each sign shall not exceed fifty square feet.
(k) City median signs. Temporary signs in medians erected by a government
entity at locations and in such numbers and sizes approved by the City Manager. The
City Manager shall determine safe locations, numbers, and sizes for City median
sunS, and shall make this information available to the public. Temporary suns
displayed by others at these approved locations are permissible if;
(1) No government entity is displaying its own sign(s) at the approved location(s);
(2) An application_ has been submitted to the City Manager to locate non - government
(3) Temporary signs are non - commercial and announce events that (1) are non-
commercial; (2) will be held in Saratoga; (3) are open to the general public and (4) are
held by either (a) a non - profit organization ;(b) an individual or group without
charge; or (c) an individual or group with a charge for the purpose of cost - recovery
or raising funds on behalf of a non - profit organization.
(4) The temporary signs comply with such other requirements as may be adopted by
the City Council or City Manager regarding the duration, size, installation and
related matters other than the content of the sign.
Section 2. Severance Clause.
The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub - section,
paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section,
paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance regardless of
the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA
applies only to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, the activity is not subject to CEQA. In this circumstance,
Staff is recommending amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would have
a de minimis impact on the environment.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within fifteen days after its adoption.
Following a duly notice public meeting the foregoing ordinance was introduced and read at the
regular meeting of the City Council of the City of Saratoga held on the 20th of November, and was
adopted by the following vote following a second reading on the 4th of December.
COUNCIL MEMBERS:
AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
•uQ �I V DATE:
rystal Bothelio
CITY LERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
514638.2
DATE:
0
lZ ( 6 I l3