HomeMy WebLinkAbout09-13-17 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 2
SARATOGA PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 13, 2017
7:00 PM PLANNING COMMISSION REGULAR MEETING
Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of July 26, 2017.
Recommended Action:
Approve Minutes of July 26, 2017 meeting.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the Planning Commission for up to three
(3) minutes on matters not on this agenda. This law generally prohibits the Planning
Commission from discussing or taking action on such items. However, the Planning Commission
may instruct staff accordingly regarding Oral Communications.
REPORT ON APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the
City Clerk within fifteen (15) calendar days of the date of the decision.
1. NEW BUSINESS
2. PUBLIC HEARING
Applicants and/or their representatives have a total of ten (10) minutes maximum for
opening statements. All interested persons may appear and be heard during this meeting
regarding the items on this agenda. If items on this agenda are challenged in court,
members of the public may be limited to raising only issues raised at the Public Hearing or
in written correspondence delivered to the Planning Commission at, or prior to the close of
the Public Hearing. Members of the public may comment on any item for up to three (3)
minutes. Applicants and/or their representatives have a total of five (5) minutes maximum
for closing statements.
2.1. Proposed Modifications to the Sign Ordinance (Article 15-30) regarding off-site
signs in residential districts (continuance).
Staff Contact: Sung H. Kwon (408) 868-1212 or skwon@saratoga.ca.us.
Saratoga Planning Commission Agenda – Page 2 of 2
Recommended Action:
Approve the attached resolution 17-022 recommending that the City Council adopt
changes to Section 15-30.135 (Temporary off-site signs in residential districts) of the
City Code.
Off-site signs Staff Report PC
Att 1 - Reso for Recommendtion of Sign Ordinance
Att 2 - PC 7-26-17 & Sup Attachments
Att 3 - Sign Ordinance
Att 4 - Pictures
Att 5 - Comment James Morrris
DIRECTOR ITEMS
COMMISSION ITEMS
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA
I, Janet Costa, Administrative Assistant for the City of Saratoga, declare that the foregoing
agenda for the meeting of the Planning Commission was posted and available for public review
on September 7, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and
on the City’s website at www.saratoga.ca.us.
Signed this 7th day of September 2017 at Saratoga, California.
Janet Costa, Administrative Assistant
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this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the
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www.saratoga.ca.us
REPORT TO
THE PLANNING COMMISSION
Page 1
Meeting Date:September 13, 2017
Location Citywide
Owner/Applicant:City of Saratoga
Staff Planner:Sung H. Kwon, Senior Planner
SUBJECT:Proposed Modifications to the Sign Ordinance (Article 15-30) regarding off-
site signs in residential districts.
RECOMMENDED ACTION:
Approve the attached resolution 17-022 recommending that the City Council adopt changes to
Section 15-30.135 (Temporary off-site signs in residential districts) of the City Code.
BACKGROUND:
During their regularly scheduled June 21, 2017 meeting, the Saratoga City Council directed the
Planning Commission to consider changes to regulations for temporary off-site signs in
residential districts to reduce visual clutter in the community.
The Planning Commission reviewed the recommendation and heard public testimony on July 26,
2017. Based on the comments of the public and questions from the Commissioners, the Planning
Commission decided to continue the item to September 13, 2017.
EXTENT AND PURPOSE OF COMMISSION REVIEW:
The Council directed the Planning Commission to focus on off-site signs in residential districts.
There are separate regulations for on-site signs, which may warrant review at a later time but are
not the subject of the current Council-directed effort. The entire sign code (Article 15-30) is
enclosed as Attachment 3. Attachment 4 includes photos illustrating the type of clutter currently
experienced in the City in addition to several examples of the complaints the City has received.
An off-site sign is defined by City Code Section 15-30.020 as “an advertising sign that identifies
or advertises a location, service, activity, or good sold elsewhere than upon the same site where
such a sign is displayed.” The vast majority of off-site signs found in residential parts of the City
are signs directing people to open houses and homes for sale. Other examples include garage sale
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or estate sale signs and signs advertising youth sports league enrollment. (Note that “For Sale”
signs or garage sale signs located on the same lot as the house being sold or where the garage
sale is being held are not off-site signs and would not be affected by the changes discussed in this
report.)
To achieve the direction established by the City Council to reduce visual blight, staff has
suggested the following key revisions to sign regulations for the Commission to consider:
1) Prohibit placement of off-site signs on any median, street, travel lane, sidewalk, or
landscaping/parkway strip located between a sidewalk and street.
2) Limit the number of off-site signs to one per residential lot and specifically only in the
front yard.
The changes proposed apply only to off-site signs. Other signs would continue to be allowed
subject to the limits in the City Code. Some of these include:
Temporary non-commercial signs such as election signs (15-30.060(e));
“For Sale” signs posted on a lot that is for sale (15-30.140);
Special event signs allowed per Article 10-10 (15-30.060(d)); and
Median banner signs (15-30.060(k)).
The attached resolution contains the specific recommended changes to the City Code.
ISSUES RAISED AT PRIOR COMMISSION MEETING:
Several issues and suggestions were raised by the Commissioners and/or the public at the July
hearing.
1. Further limiting or prohibiting off-site signage on residential lots
Concerns were expressed that signs should be prohibited entirely or that some other limit (per
block or per business) should be imposed. Following the discussion at the last Commission
meeting, staff has revised the proposed wording to only allow one off-site sign per lot. This
seemed to be an effective tool to reduce visual blight that would be easy for residents to
understand and abide by. While visual clutter could also be addressed by limiting either the
number of signs on a block or neighborhood and/or the distance between signs, these strategies
would pose challenges to those wishing to post signs as well as to code enforcement officials.
Not allowing any off-site signs is an alternative that would be easily understood and readily
enforced; however, such a restriction would preclude all opportunities for off-site signage. (As
discussed below, this limit would apply to all off-site signs regardless of the content or the
sponsor of the sign.) Given that some neighborhoods currently experience concentrations of off-
site signs far in excess of one per lot, imposing that limit seems to be a reasonable step in
responding to the visual clutter.
2. Accommodation for non-profit signs
Commissioners wanted to assure that signage for non-profits and other community organizations
would be permitted. Non-profits and other community organizations would be subject to the same
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rules as for-profit organizations and so would be allowed to post off-site signs in residential districts
subject to the limits in the revised ordinance. Due to First Amendment considerations the City
cannot treat off site signs erected by one type of organization (e.g., a non-profit) differently than off-
site signs erected by a different type of organization (e.g., for profit company).
3. Retain time limits/definition of “Temporary”
Some Commissioners suggested that the existing “dawn to dusk” time limit for off-site signs or
something similar should be retained to assure signs do not remain in place longer than
necessary. The Zoning Code does not otherwise define the term “temporary” for signs. As the
City would have to treat all commercial off-site signs the same, there again could not be different
time allowances for different types of activities referenced in the off-site sign. Enforcement of
the existing language is difficult as staff is not ordinarily available at dawn or dusk but the City
can authorize overtime work as needed if signs are posted in violation of the ordinance.
4. Definition of “Commercial”
Clarification of the word “commercial” for signage was discussed. The Zoning Code does not
define the term “commercial” for off-site signs. However, as noted above, off-site signs are
“advertising signs” that identify or advertise a location, service, activity, or good sold at a
location other than the location where the sign is displayed. “Advertising signs,” in turn, are
defined as “any sign promoting a business or the sale of a good, service, or other commodity.”
Thus “advertising sign” is synonymous with “commercial sign.” Given these definitions, off-site
signs include off-site real estate signs as well as off-site signs for church bake sales, soccer/little
league sign-ups, yard sales, electronics recycling, etc. A wedding sign that is not posted on the
property where the wedding is being held would not be an off-site sign, however, because it
would not be “promoting a business or the sale of a good, service, or other commodity.”
Because the definition of “off-site sign” already includes the idea that these signs are
commercial, staff has removed the word “commercial” from section 15-30.135 in the proposed
revisions to avoid further confusion.
5. Don’t allow lighting on signs
The issue of lighting was discussed at the previous hearing, and Commissioners seemed to agree
that lighting should be prohibited from off-site signage. Staff has included the following language in
the draft ordinance: “No sign shall include balloons, ribbons, streamers, lighting, or other attention-
getting devices.”
6. Create generic (City) signs for real estate
There was a suggestion that the City create generic signs for real estate promotions, similar to the
City’s role in provide notice signs for public hearings. Here too, the First Amendment prohibits the
City from applying special rules for real estate signs as opposed to other off-site signs. In addition,
this approach would not reduce the number of signs. This would also create added taxpayer cost in
connection with creating, distributing and regulating the special signage.
7. On-site signs for construction and other purposes
Concerns were expressed that changes may also be warranted for on-site signage, including
contractor signs remaining after work is completed, for sale/lease signs left after the transaction
is complete, and the size of signs. The City Council has, however, suggested a very limited scope
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of review for the temporary off-site signage issue only, and has not requested review of on-site
signs. The entire code (Article 15-30) related to signs is attached to this report, however, for
context.
8. Enforcement and fees/fines
Commission and public speakers noted that enforcement of sign regulations is critical and
perhaps fees/fines need to be increased to be meaningful. While the City Council did not ask the
Planning Commission to address enforcement policy or fees, staff believes that the proposed
changes allow for more effective and reasonable enforcement in multiple ways:
No signs are allowed in the right-of-way, removing ambiguity for code enforcement as to
whether signage is blocking pedestrians or not;
Signs on residential lots are limited to the front yard, which is much easier to enforce,
since many signs currently are on rear lots (between fence lines and right-of-way); and
The deletion of an allowance for “two identical signs” removes a problematic
enforcement issue as to whether signs are identical.
Sign allowances should be clear and easy to enforce with limited reliance on penalties and fees.
Enforcement fees established for the 17/18 Fiscal Year by the City Council include no charge to
retrieve a removed sign the first time, and then $20 for the second offense and $40 for repeat
offenders ( these are below the City’s actual cost of removing the signs and could be increased).
Administrative code citations are $100 for the first offense, $200 for the second (within a year)
and $500 for subsequent offenses. However, there is not an expedited process for citations,
which require some coordination and development of appropriate paperwork in coordination
with the City Attorney. Upon approval of the ordinance revisions, staff expects to focus
enforcement efforts to assure the community is aware of the new regulations and to implement
the restrictions accordingly.
OUTREACH:
The July 26, 2017 Planning Commission Hearing was noticed in the Saratoga News along with
other agenda items. In addition, staff reports and attachments were provided to the Silicon Valley
Association of Realtors and local Realtors in the area via email. Staff will continue to provide
documents to the people on the contact list. Planning Commission packets are typically made
publically available on the Thursday or Friday of the week before the Planning Commission
Hearing.
ENVIRONMENTAL DETERMINATION:
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The
general rule that CEQA applies only to projects which have the potential of causing a significant
effect on the environment. The proposed amendments are also Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New
Accessory Structures.
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Page 5
ATTACHMENTS:
1. Resolution recommending that the City Council approve the proposed amendments to the sign
Ordinance, Section 15-30.135 of the Saratoga Municipal Code. Exhibit 1 - Revised Section 15-
30.135, with strikeout (deleted) and underlines (added) and replacement text.
2. July 26, 2017 Staff Report, Attachments, Supplemental Attachments
3. Article 15-30 Signs
4. Examples of Existing Proliferation of Off-Site Signs and Resident Complaints
5. Additional Comments
919933.4
7
RESOLUTION NO. 17-022
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CHANGES TO THE
SIGN ORDINANCE SECTION 15-30.135 - TEMPORARY OFF-SITE SIGNS IN
RESIDENTIAL DISTRICTS.
WHEREAS, on June 21, 2017, the Saratoga City Council directed staff to propose
changes to Zoning Code Section 15-30.135 -Temporary off-site signs in residential districts.
WHEREAS, the change to the Sign Ordinance is determined to be Categorically Exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections
15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of
causing a significant effect on the environment. The proposed amendments are also
Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guideline sections 15311 – New Accessory Structures; and
WHEREAS, on July 26, 2017, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff and other
interested parties.
WHEREAS, the Planning Commission continued the item to September 13, 2017.
WHEREAS, on September 13, 2017, the Planning Commission held a public hearing on
the subject application, and considered evidence presented by City staff and other interested
parties.
WHEREAS,the evidence demonstrated significant visual clutter in residential
neighborhoods due to a proliferation of off-site signs.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby
recommends the following to the City Council:
1)The Council determine that the proposed Sign Ordinance change is Categorically
Exempt from CEQA.
2) The Council approve the revisions to Section 15-30.135 (Temporary off-site signs in
residential districts) as outlined in the Revised Sign Ordinance in Exhibit 1.
[Continued on next page]
8
Attachment 1
RECOMMENDED by the City of Saratoga Planning Commission this 13th day of
September 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
9
Page 3
Exhibit 1
PROPOSED CHANGE
STRIKETHROUGH (DELETED) AND UNDERLINED (ADDED)
15-30.135 - Temporary off-site signs in residential districts.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in residential districts without a permit:
Any number of One temporary commercial off-site signs (including, but not limited to, real
estate open house signs) are allowed, is allowed per lot in a residential zoning district, provided
that:
(1)No individual sign shall The sign shall not exceed two square feet in area and three feet
in height.
(2)No more than two identical signs per intersection shall be displayed. The sign shall be
located in the front yard.
(3)The signs shall only be displayed between dawn and dusk.
(4)No sign shall include balloons, ribbons, streamers, lighting, or other attention-getting
devices.
(5)No off-site signs shall be located on property without the permission of the property
owner. The property owner has granted permission for the sign placement.
(6)No sign shall be located on any median, street, travel lane or on any, sidewalk, or
landscaping/parkway strip located between a sidewalk and street. where it impedes
pedestrian travel.
PROPOSED CHANGE
REPLACEMENT TEXT
15-30.135 - Temporary off-site signs in residential districts.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in residential districts without a permit:
One temporary off-site sign is allowed per lot in a residential zoning district, provided that:
(1)The sign shall not exceed two square feet in area and three feet in height.
(2)The sign shall be located in the front yard.
(3)The sign shall only be displayed between dawn and dusk.
(4) No sign shall include balloons, ribbons, streamers, lighting, or other attention-getting
devices.
(5) The property owner has granted permission for the sign placement.
(6) No sign shall be located on any median, street, travel lane, sidewalk, or
landscaping/parkway strip located between a sidewalk and street.
919932.5
10
REPORT TO
THE PLANNING COMMISSION
Page 1
Meeting Date:July 26, 2017
Location Citywide
Owner/Applicant: City of Saratoga
Staff Planner:Sung H. Kwon, Senior Planner
SUBJECT:
Consider changes to the regulations for temporary off-site signs in residential districts.
RECOMMENDED ACTION:
The Planning Commission approve the attached resolution 17-022 recommending that the City
Council adopt changes to Section 15-30.135 (Temporary off-site signs in residential districts) of the
City Code.
BACKGROUND:
During their regularly scheduled June 21, 2017 meeting, the Saratoga City Council directed the
Planning Commission to consider changes to regulations for temporary off-site signs in
residential districts to reduce visual clutter in the community.
An off-site sign is defined by City Code Section 15-30.020 as “an advertising sign that identifies
or advertises a location, service, activity, or good sold” at another location. The vast majority of
temporary off-site signs found in residential parts of the City are signs directing people to open
houses and homes for sale. Other examples include garage sale or estate sale signs or signs
advertising youth sports league enrollment.
To achieve the direction established by the City Council, staff has suggested the following draft
regulations for the Commission to consider:
1) Prohibit placement of signage on any median, street, travel lane, sidewalk, or
landscaping/parkway strip located between a sidewalk and street.
2) Limit the number of signs to one per residential lot and specifically only in the front yard.
The attached resolution contains the specific recommended changes to the City Code.
Attachment 2
Page 2
OUTREACH:
This Planning Commission Hearing was noticed in the Saratoga News along with other agenda
items. In addition, staff will email this Planning Commission Staff Report (and Attachment) to
the Silicon Valley Association of Realtors and local Realtors in the area when the Planning
Commission Packet is made publically available. Planning Commission packets are typically
made publically available on the Thursday or Friday of the week before the Planning
Commission Hearing.
ENVIRONMENTAL DETERMINATION:
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The
general rule that CEQA applies only to projects which have the potential of causing a significant
effect on the environment. The proposed amendments are also Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New
Accessory Structures.
ATTACHMENTS:
1. Resolution recommending that the City Council approve the proposed amendments to the sign
Ordinance, Section 15-30.135 of the Saratoga Municipal Code. Exhibit 1 - Revised Section 15-
30.135, with strikeout (deleted) and underlines (added) and replacement text.
RESOLUTION NO. 17-022
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CHANGES TO THE
SIGN ORDINACE SECTION 15-30.135 - TEMPORARY OFF-SITE SIGNS IN
RESIDENTIAL DISTRICTS.
WHEREAS, on June 21, 2017, the Saratoga City Council directed staff to propose
changes to Zoning Code Section 15-30.135 -Temporary off-site signs in residential districts.
WHEREAS, the change to the Sign Ordinance is determined to be Categorically Exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections
15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of
causing a significant effect on the environment. The proposed amendments are also
Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guideline sections 15311 – New Accessory Structures; and
WHEREAS, on July 26, 2017, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby
recommends the following to the City Council:
1)The Council determine that the proposed Sign Ordinance change is Categorically
Exempt from CEQA.
2) The Council approve the revisions to Section 15-30.135 (Temporary off-site signs in
residential districts) as outlined in the Revised Sign Ordinance in Exhibit 1.
RECOMMENDED by the City of Saratoga Planning Commission this 26th day of July
2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
Page 2
Exhibit 1
PROPOSED CHANGE
STRIKETHROUGH (DELETED) AND UNDERLINED (ADDED)
15-30.135 - Temporary off-site signs in residential districts.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in residential districts without a permit:
Any number of One temporary commercial off-site signs (including, but not limited to, real
estate open house signs) are allowed, is allowed on each lot, provided that:
(1)No individual sign shall The sign shall not exceed two square feet in area and three feet
in height.
(2)No more than two identical signs per intersection shall be displayed. The sign shall be
located in the front yard.
(3)The signs shall only be displayed between dawn and dusk.
(4)(3) No sign shall include balloons, ribbons, streamers, or other attention-getting devices.
(5)(4) No off-site signs shall be located on property without the permission of the property
owner. The property owner has granted permission for the sign placement.
(6)(5) No sign shall be located on any median, street, travel lane or on any, sidewalk, or
landscaping/parkway strip located between a sidewalk and street. where it impedes
pedestrian travel.
PROPOSED CHANGE
REPLACEMENT TEXT
15-30.135 - Temporary off-site signs in residential districts.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
in residential districts without a permit:
One temporary commercial off-site sign is allowed on each lot, provided that:
(1)The sign shall not exceed two square feet in area and three feet in height.
(2)The sign shall be located in the front yard.
(3) No sign shall include balloons, ribbons, streamers, or other attention-getting devices.
(4) The property owner has granted permission for the sign placement.
(5) No sign shall be located on any median, street, travel lane, sidewalk, or
landscaping/parkway strip located between a sidewalk and street.
CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Sung H. Kwon, Senior Planner
Date: July 21, 2017
Subject: Sign Ordinance
Staff received a comment from the Silicon Valley Association of Realtors. The comment letter is provided
below.
Please note that the City of Saratoga does not regulate content of signs.
From:Jessica Epstein
To:Planning
Cc:Sung Kwon
Subject:Realtor letter commenting on sign ordinance revision
Date:Friday, July 21, 2017 11:27:28 AM
Attachments:image001.png
Realtor letter on sign ordinance revision.pdf
Chair Walia and Commissioners –
Attached please find our letter commenting on the proposed changes to the Saratoga sign
ordinance. Please do not hesitate to reach out to our Executive Officer, Paul Cardus, at
pcardus@silvar.org or (408) 200-0100.
Thank you.
Jessica Epstein
Government Affairs Director
Silicon Valley Association of REALTORS®
Direct: (408) 200-0108
Cell: (415) 596-2976
Fax: (408) 200-0101
CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Sung H. Kwon, Senior Planner
Date: July 24, 2017
Subject: Sign Ordinance – Supplemental Attachment 2
A couple of Commissioners had questions about the sign ordinance. Answers to the questions are
provided below.
Please note that a number of questions were posed to the Silicon Valley Association of Realtors by a
member of the Planning Commission. Staff has contacted this organization and will provide information
to the Planning Commission as soon as it is received.
Question 1
What is the definition of “commercial?”
Commercial has not been specifically defined in the Zoning Code. Commercial could include
anything that would involve a business use or financial transaction. Commercial activities could
include the following activities: open house, garage sale, youth sports league enrollment, bake
sales, wedding reception, auction, non-profit community events, etc.
Question 2
How many signs are allowed on the property where the event is taking place (i.e.: the open
house location) since technically, the sign would be on-site (not off-site)?
One temporary sign is allowed onsite for sale or lease for residential and commercial properties.
See Section 15-30.140 and 15-30.145.
15-30.140 - Temporary on-site sign on lots with residential properties actively marketed for sale
or lease.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with residential properties actively marketed for sale or lease without a permit:
(a) One temporary on-site sign may be located on a property that is actively marketed for
sale or lease, provided that:
(1) The sign shall not exceed four square feet in area and six feet in height.
(2) The sign shall not include balloons, ribbons, streamers, or other attention-getting
devices.
15-30.145 - Temporary on-site sign on lots with commercial properties actively marketed for
sale or lease.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with commercial properties actively marketed for sale or lease without a permit:
(a) One temporary on-site sign per use may be located on a property that is actively marketed
for sale or lease, provided that:
(1) The sign area for any one use shall not exceed ten square feet. If the sign is advertising
three or more uses, it shall not exceed twenty-four square feet in area.
(2) No sign shall exceed six feet in height.
(3) No sign shall include balloons, ribbons, streamers, or other attention-getting devices.
Question 3
Are the properties on Saratoga Ave (between Cox and Vineyards townhomes) considered
commercial property? Would the proposed changes apply to this property?
These properties are zoned Professional Administrative (PA). The proposed changes only apply
to residential districts. Temporary commercial off-site signs are not specifically allowed non-
residential zoning districts.
Institutional Uses (educational, residential or health care services to the community at large,
residential developments, health care facilities operated by non-profit organizations, public and
private schools or colleges.) can have temporary signs according to Section 15-30.120.
15-30.120 Signs on lots with institutional, public, or quasi-public uses.
(c) Temporary signs: On-site temporary signs are allowed without a sign permit, provided
that the aggregate area of all such signs shall not exceed forty square feet or one-eighth
square foot of area for each lineal foot of street frontage, whichever is greater. In no case
shall the aggregate total of all temporary on-site signs exceed eighty square feet. If the
property has more than one street frontage, the total area of on-site temporary signs shall
be proportional to the lineal feet of such street frontage.
(1) No individual temporary on-site sign shall be displayed on a building for more
than thirty consecutive days.
(2) Up to two temporary on-site signs may be displayed on a single permanent,
freestanding, dark-colored, durable, all-weather wood or metal frame structure.
a. The maximum height of the structure shall be six feet.
b. One structure may be located on each street frontage.
c. No individual sign shall be displayed on such freestanding structure for
more than one hundred eighty consecutive days.
Question 4
Residents may not want people knocking on my door for permission to put up their sign.
Anyone knocking on the door of a residence selling something needs a permit?
Under Article 4-50, any Peddler or Solicitor engaged in business in the City of Saratoga needs a
permit. This is typically for people who go to multiple addresses. One person going to one
house may not necessarily need a permit. Staff would not necessarily want to create another
code enforcement issue regarding tracking down people who may or may not have a peddlers or
solicitors permit for a sign that may or may not be legal. Most enforcement cases are based on
complaints. Staff can address issues on a case by case basis when there are formal complaints.
Question 5
How will the regulations be enforced?
That partially depends on what is adopted by the City Council. As proposed, any sign that is not
allowed will be picked up by our code enforcement officer and held for a period of time. The
signs will be discarded if there is no request to pick up the signs. The Planning Commission may
make recommendations about the enforcement process to the City Council. Staff can clarify
challenges to code enforcement processes.
Question 6
City Code Section 15-30.020 (y) defines "Temporary sign" as "a sign that is displayed for
a limited period of time." What is the duration for the allowed signs? Any specific
days/time?
Staff recommends that the current allowed time period be deleted from the ordinance. If the
deemed appropriate, the Planning Commission could discuss and/or recommend a time period
for temporary off-site signs to the City Council.
CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Sung H. Kwon, Senior Planner
Date: July 24, 2017
Subject: Sign Ordinance – Supplemental Attachment 3
A Commissioner had questions for the Silicon Valley Association of Realtors. The responses are
provided below.
From:Paul Cardus
To:Sung Kwon
Cc:Suzanne Yost
Subject:RE: Questions related to Real Estate Signs
Date:Tuesday, July 25, 2017 12:35:04 PM
Attachments:image001.png
Good afternoon Mr. Kwon,
As you requested during our conversation yesterday, please find the information I shared with
you:
1. There are approximately 9000 REALTORS® in Santa Clara County who are members of the
two local REALTOR® Associations headquartered in the county.
2. In 2016, there were 341 sales in the City of Saratoga. This includes single family homes,
townhouses and condos. For the 1st quarter of 2017, there were 92 residential properties
listed and 44 sales. The average days on market (DOM) is 39 days. This information is
courtesy of MLSListings Inc.
3. Our Association does not collect, aggregate, or distribute production information regarding
sales by our members. We do not rank our members by the number of listings, number of
sales sides, sales volume, or any other production metric.
4. Real estate agents are independent contractors. They have unique arrangements with
their brokers/brokerages. There are as many business plans and marketing models as there
are agents. Agents and their brokerages would consider much of this information
proprietary. Therefore, there is no standard template of ranked “effective actions” regarding
the marketing and sale of a home. Each individual agent brings their experience and expertise
to their client’s particular needs, market conditions, etc.
Paul Cardus, CIPS, RCE
Executive Officer
Silicon Valley Association of REALTORS®
19400 Stevens Creek Blvd., #100
Cupertino, CA 95014
www.silvar.org
Phone: 408.200.0100
Direct: 408.200.0105
Mobile: 650.224.2046
pcardus@silvar.org
From: Sung Kwon [mailto:skwon@saratoga.ca.us]
Sent: Monday, July 24, 2017 7:55 AM
To: Paul Cardus <pcardus@silvar.org>
Cc: Barbara Ruthig <bruthig@silvar.org>
Subject: Questions related to Real Estate Signs
Hi Paul,
A member of the Planning Commission had a question for you. Would you be able to provide
the information by Tuesday? Thank you in advance
In reference to the letter written by Paul Cardus, I have questions. For at least 30 years, Real
Estate Associations have tracked ALOT data. The following questions can be easily answered
by Paul Cardus, Executive Officer of Silicon Valley Association of REALTORS. Can you
forward the questions below to him? He should be able to provide all the answers by COB
Tuesday, July 25, 2017.
How many realtors are there in Santa Clara County?
How many real estate agents had listings in Saratoga in the last full calendar year that data is
available?
How many listings were there in Saratoga in the last full calendar year that data is available?
Who are the top 15 listing agents in Saratoga?
List the actions (i.e.: print advertising, social media, business cards, open house, club
membership, cold calls, etc.) that Real Estate Agents employ, ranked in order from most
effective to least effective, that are attributed as the reason for a sale. Real Estate Agents rely
on this information so they can be efficient and effective in spending their time and money…
so I know this data is available! Please include the percentages (ie: of all home sales, X% can
be attributed to signs, X% can be attributed to social media, etc.)
Sincerely,
Sung H. Kwon, MCRP MBA AICP
Senior Planner
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
(408) 868-1212
skwon@saratoga.ca.us
CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Sung H. Kwon, Senior Planner
Date: July 26, 2017
Subject: Sign Ordinance – Supplemental Attachment 4
A Commissioner had a question about the daily number of listings. Please see response from Paul Cardus,
Executive Officer of the Silicon Valley Association of REALTORS.
From:Paul Cardus
To:Sung Kwon
Cc:Suzanne Yost
Subject:RE: Sign Ordinance
Date:Wednesday, July 26, 2017 11:08:07 AM
Attachments:image001.png
Good morning Sung,
Homes listed for sale in a given month or season in Saratoga, or any city, can cover quite a range. I
have found some information that the Commission may find helpful. Once again, these statistics are
courtesy of MLSListings Inc. There are currently 77 active and pending listings in Saratoga. On
Monday that number was 75. Over the past two years the monthly number of active and contingent
listings has ranged from a high of 110 in the spring (April-June) to a low of 30-40 in December and
January of 2016/2017.
Paul Cardus, CIPS, RCE
Executive Officer
Silicon Valley Association of REALTORS®
19400 Stevens Creek Blvd., #100
Cupertino, CA 95014
www.silvar.org
Phone: 408.200.0100
Direct: 408.200.0105
Mobile: 650.224.2046
pcardus@silvar.org
From: Sung Kwon [mailto:skwon@saratoga.ca.us]
Sent: Wednesday, July 26, 2017 10:05 AM
To: Paul Cardus <pcardus@silvar.org>
Subject: Sign Ordinance
Hi Paul,
The Commission had another question. Do you have any information about this?
On any given day in Saratoga, how many homes may be listed for sale? I understand it varies from
day-to-day but a range would suffice.
Sincerely,
Sung H. Kwon, MCRP MBA AICP
Senior Planner
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
(408) 868-1212
skwon@saratoga.ca.us
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From:James Morris
To:Sung Kwon
Subject:RE: Sign Ordinace Supp Att 3
Date:Thursday, July 27, 2017 7:41:25 AM
Hello Sung-
I would like to add a few frank comments to this whole situation that I wish you would pass on to the
Planning Commission.
The sign ordinance is fine the way it is.
This whole waste of time was started when a minority of Realtors started complaining about a few
agents that put out a large # of signs on the weekends for Open Houses.
The VAST MAJORITY of agents do NOT CARE.
If the ones that are complaining want to compete with the ones that have listings in the area, then
they also can go hire someone to go put up Open House signs.
We as Agents have spent thousands of dollars setting up our sign inventory based on the current
sign rules. If you change those rules, are you also going to compensate all the agents who now need
to change their signs?
Thank You
James Morris
Broker Associate with KW Bay Area Estates-BRE#01925322
General Contractor & Broker of James Morris Homes
BRE#01956646 & CSLB#970510
Please call: 408-828-1998
Email: james@jamesmorrishomes.com
Website: jamesmorrishomes.com
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47
Attachment 5
Subject: FW: Sign Ordinance Supp Att 3
Hello All,
Here is the 3rd attachment for the sign ordinance.
Sincerely,
Sung H. Kwon, MCRP MBA AICP
Senior Planner
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
(408) 868-1212
skwon@saratoga.ca.us
48