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HomeMy WebLinkAbout04-18-2012 City Council Packet SupplementalL� oj S A Rq\ O c9 \IFOR% AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL APRIL 18, 2012 SPECIAL MEETING - 5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:30 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 12, 2012) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION —5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision Government Code 54956.9(b): (1 case) CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint Meeting with the Mountain Winery Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoaa.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 4081868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: 1, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on April 12, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's Website at www.saratoga.ca.us. Signed this 12`h day of Apri12012 at Saratoga, California. rn0aw) Cry l Morrow City Clerk 2 ADDRESS CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL � on • I w AGENDA ITEM NO. - -I DATE r all LEPHONE NO. TIME OF DAY CARD IS FILLED OUT: C 00 NAME C --�, a C ADDRESS SUBJECT 7 911 )-K- AGENDA ITEM NO CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL ,Y"14 rjme . C�7 45,-744- DATE �� TELEPHONE NO. ✓�� TIME OF DAY CARD IS FILLED OUT: CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL ADDRESS SUBJECT AGENDA ITEM NO. DATE TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT: 7• CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL N ADDRESS SUBJECT AGENDA ITEM NO. DATE TIME OF DAY CARD IS FILLED OUT:_ TELEPHONE NO. 0(SARgT09 SUMMARY OF TEMPORARY NON - COMMERCIAL SIGN REGULATIONS Cq(IFO�N\P The following is a summary of the standards contained within Saratoga City Code Section 15- 30.060(e) for Temporary Non - Commercial Signs that are typically erected with a consolidated election. - Signs shall not exceed 4 square feet in area and 3 feet in height and shall not be thicker than one -half inch except for support posts firmly planted in the ground - Signs shall not be illuminated - Signs shall be located on private property with the permission of the property owner and shall not be located on any median, street, travel lane or sidewalk where it impedes pedestrian travel. - Signs shall not be displayed for more than 75 cumulative days within a one -year period. - Notification will be given to responsible parties if the City removes any signs not conforming to these regulations. Those responsible for the signs will have ten (10) days to retrieve signs before they are discarded. - The owner of the sign is responsible for paying all removal and destruction costs on a time and material basis incurred by the City as a result of my failure to remove such signs in accordance with Saratoga City Code Section 15- 30.190(d). Additional information regarding the City of Saratoga's sign regulations can be found on the City's website www.saratoga.ca.us or by contacting the Planning Division staff at (408) 868 -1222. SIGN ORDINANCE UPDATE Low Graphics Version _ CITY of __O)s A RAT ,A G AM Radio Station City Council City Maps Code of Ethics Commissions and Committees :.ntact Us -,emographics Municode.com Ernail Subscriptions Heritage Resource Inventor Article 15 -21 - Repealed. History Article 15 -29 - FENCES AND HE[ Municipal Code Article 15 -30 - SIGNS Neighborhood .Associations Article 15-35 . OFF-STREET PAP; Office Hours _, Article 15 -40 - HOME OCCUPATG Tonight's Agenda • Overview • Sign Districts • Building & Free - Standing Signs • Temporary Signs • Special Event Signs • Community Facility Signs • Illumination • Sign Permits • Sign Conformance Sign regulations must be content neutral and conform to free speech rights projected by the First Amendment of the U.S. Constitution A regulation that is content neutral is one which is applicable regardless of the message of the sign 4/18/2012 1 Current Issues Current code references are based on content Political Reol Estate Open House Identification Directional Revisions will: - Eliminate direct references to content - Identify desired structural / aesthetic qualities - Add certainty & simplicity to the review process Public Outreach • Sign Survey • Workshop • Website Updates • Saratoga News • 10 Study Sessions — Comprehensive Sign Inventory — Collaboration from Chamber of Commerce, Real Estate Association, local businesses, residents, Ministerial Association, Wineries, ... 4/18/2012 2 Regulate the Structure (not the "message") • Placement • Quantity • Height • Lighting • Size • Design • Type $Qf8fO93 Presbyterian Preschool NOW ENROLLING! f; 37 Proposed Sign Districts_ Village Sign District Saratoga-Sunnyvale Sign District I Park Saratoga: CV Saratoga Square: CV AzuIe: CN Saratoga Oaks: CN Prospect Sign District Quito J �1 ct Argonaut: CN Sign District Intersection of Saratoga Avenue and Highway 9 4/18/2012 3 4/18/2012 Permanent Signs lrllage Prospect/ Saratoga- Sunnyvale / Quito %2 SF of sign area for each %2 SF of sign area for each linear foot of tenant frontage linear foot of tenant frontage (max 40 SF per use) (max 40 SF per use) 18" max letter size 18" max letter size m 2 SF over 2nd entrance 2 SF over 2nd entrance + 6 SF for projecting sign 1 -2 .moo Uses Pole Sign up to 15 SF in area 3 -4 up to 9 SF / 10'H Uses up to 25 SF in area L5+ Monument Sign Monument Sign Uses up to 14 SF + lsf /use) / 6.5'14 up to 40 SF in area Pole Sign — Prospect Sign District: up to 17' H Pole Sign — Saratoga - Sunnyvale : up to 12' H Pole Sign — Quito Sign District: up to 10' H Monument Sign: up to 10' H Temporary, Electronic & Window Signs Temporary On -Site & Off -Site Signs "Actively Marketed for Sale or Lease" - Residential 4 SF / 6' H (yard) 2 SF / 3' H (off -site) - Commercial 10 SF / 6' H (one use) 24 SF / 6' H ( 3+ uses) A_VAILA_BLE 408-436-3644 4/18/2012 5 CURRENTSTANDARDS PROPOSED STANDARDS Temporary 20 SF Grand opening banner One 10 SF banner (on building) Banners 10 SF Special event banner up to 30 consecutive days Displayed up to 30 days and 180 aggregate days per year A -Frame Not permitted One 4 SF sign, 3 ft. high Type Signs within 10 ft. from entrance and minimum 10 ft. from another sign Electronic Not permitted 2 SF sign (e.g., neon, LED) Signs up to two colors counts as window si na e Window No reference in Muni Code 25% of Window Signs Village D.G. = 25% Temporary On -Site & Off -Site Signs "Actively Marketed for Sale or Lease" - Residential 4 SF / 6' H (yard) 2 SF / 3' H (off -site) - Commercial 10 SF / 6' H (one use) 24 SF / 6' H ( 3+ uses) A_VAILA_BLE 408-436-3644 4/18/2012 5 Temporary Non - Commercial Signs • Up to 75 days • No illumination • 4 SF in area, 3 feet in height, %: inch thickness • Not on median, street, travel lane, or sidewalk SUMMARY OF TEMPORARY NON - COMMERCIAL SIGN REGULATIONS The following is a summary of the standards contained within Saratoga City Code Section 15- 30.060(e) for Temporary Non - Commercial Signs that are typically erected with a consolidated election. 15- 30.050(e): Not on any fence, pole, tree, bus stop, bench Institutional, Public & Quasi- Public Uses ALL � • Saml Andrews P -._.I ^ • Peace ..ti ;. y Noel Presbyterian Church rr.sn.na.+.w✓r : ' ' NWW.Prnpedce,orn I ulheran Chinch vim Current 24 sf. total area (One building or fr Standards eestanding sign) 40 SF Building sign area Proposed 40 SF Free - standing sign area Standards 40 SF Temporary sign area or 1/8 SF area for each linear foot of street frontage whichever is greater, but no more than 80 SF 4/18/2012 Illumination Requires Planning Commission Approval • Building Signs: — Village: Externally illuminated or Halo -Lit (no channel cut) — Other Sign Districts: Externally illuminated, halo -lit, or internally illuminated individual channel cut letters • Free - standing signs shall be externally illuminated • Illuminated Cabinet Signs are not permitted Illumination STOp'y, SAVE �IJIIO �. 4/18/2012 7 SIGN CONFORMANCE -- Illegal Signs shall be HOMEMADE C" removed or made to POTSTICKER$ ~ , conform within 30 days of a * DUMPLINGS, written notice by the City CHOW MEIN "Legal Non - Conforming Signs" I ' shall be removed or made to (,IT'Y )Y �,.�RWIT,G)GA conform only if the sign is \ "'"` "T°°`- l—NUMM altered, relocated or subject to ," a new CUP or design review Municipal Cade Violation Complaint Form c-0- °'" Conforming I• I Signs AVAILABLE Kwin (408) 43&3644 WWWTERRANOM CS.. 0. + L p ® r w 1�9 �w '� WELCOME . Y ""•!•:. 11 �n�� 4/18/2012 Non - Conforming Temporary & Window Signs ........ f l !f f! SARAT OC A K N 01.. KUNGWSIGN OI�: Neon: / Banner: 23 SF Saratoga Presbyterian Preschool ONOW ENROLLING! 47 SF Prospelt Dental a re M1 (408) 252- 6000 18 SF SPEED LIMIT 4.0 7 SF 32 SF a' H K „ A SIGN �T UPS aSF 4 Hum Non - Conforming Signs Sign (upper): it SF Sign (lower): 32 SF 30 H �� is y3G O Reilly . ICnNO wr MACRIMMNwCE S WHEEL WORK S (408)257-6363 (408)257 -6363 •AN AN OA WAGFlNO N BU��DEPS BUILIL DERS PMmbi TOOLS 1t. I <•n 61(M — SYNTi'7 pprr 11 {{ u �M1UO`tli Sh '• k� ♦9 j r.D.dmas.rvx GNyl�y�yyB xm+CanN 8 +12250, }• a p III FBI Tree 7F a cyeve � SF 18 18' H 48 SF, 17' H a.. DENTISTRY Sign (upper): 32 SF .. ,- j Sign (middle): 20 SF p wr ems N6:a Sign (lower): 45 SF Total: 97 SF 24 SF Top of Sign: ^30' H 1' base 4/18/2012 we Minor Draft Ordinance Changes • Definition for "use" • Minor technical changes such as word choice, formatting, numbering, etc. • Clarification that flags are not required to be displayed on a permanent flagpole • Affirming the Community Development Director will conduct hearings related to sign removal payments. Recommendation • Affirm limitations proposed for illuminated freestanding signs • Waive the first reading beyond the title and introduce the ordinance. • Direct Staff to return to the Council with a one year report on Sign Ordinance implementation 4/18/2012 10 Exhibit A Article 15 -30 - SIGNS Sections: 15- 30.010 - Purposes of Article 15 -30 15- 30.020 - Definitions 15- 30.030 - General Provisions Draft as of 4- 215 -12 15- 30.040 - Sign Design Criteria 15- 30.050 - Prohibited Signs 15- 30.060 - Signs Allowed in Any Zoning District without a Sign Permit 15- 30.070 - Village Sign District 15- 30.080 - Prospect Sign District 15- 30.090 - Quito Sign District 15- 30.100 - Saratoga - Sunnyvale Sign District 15- 30.110 - Temporary On -Site Signs on Lots in any Sign District 15- 30.120 — Signs on Lots with Institutional, Public, or Quasi - Public Uses 15- 30.125 - Signs on Lots with Multi - Family Dwellings or Residential Subdivisions 15- 30.130 — Wall Signs on Lots Zoned Residential and Agricultural 15- 30.135 - Temporary Off -Site Signs in Residential Districts 15- 30.140 - Temporary On -Site Sign on Lots with Residential Properties Actively Marketed for Sale or Lease 15- 30.145 - Temporary On -Site Sign on Lots with Commercial Properties Actively Marketed for Sale or Lease 15- 30.150 - Sign Permits 15- 30.160 - Sign Programs 15- 30.170 - Expiration, Extension, and Renewal of Sign Permit Approval 15- 30.180 - Sign Alteration 15- 30.190 - Sign Conformance, Violations and Abatement of Illegal Signs 15- 30.200 - Sign Permit Variance 15- 30.210 — Substitution Clause 15- 30.220 - Severability 15 -30.10 - Purposes of Article 15 -30 The purposes of the regulations in this Article are to: (a) Ensure high- quality designed signs are compatible with adjacent land uses and preserve the residential character of the City; (b) Prevent substandard sign generation and sign clutter which is counterproductive to business and visually unattractive to the community; (c) Direct persons to various activities and enterprises in the City; (d) Protect the public safety and reduce traffic and safety hazards through proper location and design of signs; and (e) Provide a reasonable and constitutional system of sign control including the quantity, type, placement, size, illumination and design of signs. 1 Exb ibit A Draft as of 4- 218 -12 15- 30.020 — Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or provision clearly requires otherwise: (a) Active Construction means ongoing construction or remodeling under an active City permit. (b) Actively Marketed means currently marketed for sale or lease. (c) Advertising Display or Advertising Sign means any sign promoting a business or the sale of a good, service, or other commodity. (d) A -Frame Sign means a sign with two sides that are adjoined at the top and sloping down at opposite angles. (e) Alteration means any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (f) Building Sign means a wall sign or a projecting sign. (1) Wall sign means a sign that is erected, printed, painted, incorporated into, suspended from or otherwise affixed to a wall or fascia of a building or structure with the exposed face of the sign parallel to the plane of the wall. (2)Projecting Sign means a sign that projects outward from a building at a perpendicular angle or hangs below an awning, canopy, overhang, or covered walkway. (g) Business is defined in Section 4 -05 -020 of this Code. No single tenant or building occupant shall have more than one primary business at one location for the purposes of this Article. (h) City means the City of Saratoga, California. (i) Director means the Community Development Director or designee. (j) Double Faced Sign means a sign with two faces, with each face oriented one hundred eighty (180) degrees (back to back) from the other. (k) Electronic Sign means a sign which uses electrified or luminous materials to display a fixed graphic or message to the public. (1) Free - Standing Sign means a self-supported sign either mounted on one pole (pole sign) or mounted to the ground (monument sign). (m) Hand -Held Sign means a sign that is held or carried by a person, rather than placed on the ground or other support structure. (n) Illuminated Sign means a sign illuminated by either internal or external lighting. (1) Internally illuminated sign means a sign with a source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign. (2) Externally illuminated sign means a sign with a source of illumination that is not completely enclosed by any portion of the sign. (3) Halo -Lit sign means a sign in which the light reflects back off the solid face of the sign or channel cut letter, and onto the facade of the building to give it a halo effect. (o) Mobile Billboard Advertising Display means an advertising display that is attached to a wheeled, mobile, non - motorized vehicle that carries, pulls, or transports a sign or billboard and is used for the primary purpose of advertising. (p) Multi - Family Dwelling is defined in subsection 15- 06.240(c) of this Code. 2, Exhibit A Draft as of 4- 218 -12 (q) Non - Commercial Sign or Message means a sign or message other than an advertising display or sign. (r) Off -site Sign means 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. (s) On -site Sign means an advertising sign that identifies or advertises an establishment, service or activity that is or will be provided on the same premises. (t) Permanent Sign means a sign that is constructed to be used for an unlimited period of time and that is affixed to the ground, wall, or building in a permanent manner. (u) Sign means any structure or material that is used to advertise, announce, identify, direct attention to, or communicate a message, and which is visible from any adjacent property, public right -of -way, or public parking lot. The word "sign" includes but is not limited to any letter, writing, graphic, pictorial representation, logo, trademark, symbol, or any other figure. The word "sign" includes but is not limited to a banner, building sign, canopy sign, awning sign, free - standing sign, subdivision sign, and window sign. A mural, sculpture, or seasonal decoration that does not promote or advertise a commercial event, service for hire, or product for sale is not a "sign" for purposes of this Article. (v) Sign District means a designated area within the City of Saratoga within which certain regulations apply to signs erected, installed, or retained. The sign districts include permitted non - residential uses other than institutional, public, and quasi - public uses. A map of the sign districts is available at the Community Development Department. (1) Village Sign District. This sign district includes all lots with permitted non - residential uses on Big Basin Way. (2) Quito Sign District. This sign district includes all lots with permitted non - residential uses on Cox Avenue, Village Drive, and Saratoga Avenue between Cox Avenue and Vineyard Lane. (3) Prospect Sign District. This sign district includes all lots with permitted non- residential uses on Prospect Road between Lawrence Expressway and Saratoga Avenue. (4) Saratoga - Sunnyvale Sign District. This sign district includes all lots with permitted non - residential uses on: a. Saratoga - Sunnyvale Road between Prospect Avenue and Aloha Avenue. b. Prospect Road between Saratoga - Sunnyvale Road and the Highway 85 underpass. c. Saratoga Avenue between Park Place and the intersection of Saratoga - Sunnyvale Road and Saratoga- Los -Gatos Road. d. Saratoga - Sunnyvale Road between Prospect Avenue and the train tracks (north of Manor Drive). (w) Sign Program means a master plan for signage approved by the Planning Commission pertaining but not limited to the area, dimension, color, material, design, size, placement, and illumination of all signs to be erected or installed on a building(s) or lot. (x) Street Frontage means the property line of a site abutting a street. (y) Temporary Sign means a sign that is displayed for a limited period of time. (z) Tenant Frontage means the width of tenant space, measured in lineal feet, where the most - traveled customer entrance to an individual establishment is located. If the tenant Exhibit A Draft as of 4- 21S -12 space is located on the corner of a building facing either a street, driveway, or a-parking lot, the width of both sides of the tenant space may be used for calculating allowable sign area. (aa) Traffic Control Sign or Device means any non - advertising sign, signal, marking or device used for the purpose of regulating, warning or guiding traffic, parking, loading, or pedestrian movement. (bb) Use means the primary function of an establishment, institution or other entity operating at a site or structure. No single business shall have more than one primary function for the purposes of this Article. ( cc Window Sign means a sign that is displayed on a window, or within five (5) feet of a window, and is visible from a street, walkway, parking lot, or other place that is accessible to the public. 15- 30.030 - General Provisions (a) General Compliance. No sign shall be erected, installed, altered or maintained in the City, including within or upon public and private streets therein, except in conformity with the provisions of this Article, and the particular regulations of the district in which the sign is located. (b) Construction Standards. All signs shall be constructed in such manner as to protect the public safety. Construction of permanent signs shall be as set forth in the latest edition of the California Building Code or other construction standard adopted by the City. (c) Street Intersections. No sign or sign element exceeding three feet in height shall be located within a triangle having sides fifty feet in length from a street intersection (as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists) unless otherwise approved by the City. (d) Driveway Intersections. No sign or sign element exceeding three feet in height shall be located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement. (e) Site Restriction. All signs advertising a good, service, or any other commercial activity shall be located on the same lot as the business or entity selling the good, offering the service, or engaging in the advertised commercial activity, except as otherwise expressly provided in this Article. This restriction does not apply to signs displaying only non - commercial messages. (f) Multiple Uses on Same Site. The allowable area of signage for a single use shall not exceed the maximum allowable area of signage for that individual use, regardless of the amount of signage allowed for others uses on the site. (g) Reduction of Sign Area, Height, Type, and Number. The regulations concerning sign area, height, type, or number, do not confer upon any person the right to erect, install or maintain a sign or signs having such maximum area, height, type, or number. The approving authority may require that the area, height, type, or number of sign(s) be reduced below the maximum set forth herein, based upon a written finding that such reduction is necessary to satisfy the criteria set forth in this Article. The approving authority shall not consider the content of the proposed sign in making this finding. 4 Exhibit A Draft as of 4-21S.12 (h) Legibility. All signs shall be legible under normal viewing conditions. (i) Maintenance of Signs. (1) All signs shall be maintained in a secure and safe condition. (2) All signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, torn and tattered materials, or other surface deterioration. (3) Illuminated signs shall function as designed and permitted. (4) Signs that are not maintained in accordance with subsections 15- 30.030(i)(1) -(3), whether conforming or legal nonconforming as defined in Section 15- 30.190(b), shall be subject to abatement in accordance with this Article. (j) Application of Article. , exeept publie streets, pr-epefty and pr-ep&45, rights ewned by the City, r-ailr-ead rights ef wa and undefgr-eund ptiblie utility lines and f4eilifies. With the above noted exeeptiefts, this , , er- by any Getinty, er- by any City with the exeeption of the City of Safatega, and 'Withetit fie. Notwithstanding Section 15 -30- 05.030 of this Code, this Article shall apply to CitX propertL. 15- 30.040 - Design Criteria (a) Size of Letters. Unless otherwise authorized in this Article, no sign shall have letters greater than eighteen inches in any dimension. (b) Sign Height is calculated by measuring the vertical distance from the average ground level directly beneath the sign to the highest point at the top of the sign. All architectural and design elements, poles, posts, and other supporting structures are included in the calculation of height. (c) Sign Area means the area of the smallest rectangle drawn to include all sign copy (e.g., letters, characters, symbols, graphics, logos). Where the sign copy is placed upon a sign board or other background surface, the exposed board or background surface shall be calculated in the sign area. (d) Sign Materials. All permanent signs shall be constructed and maintained with high quality all- weather wood, metal, or durable synthetic materials, unless otherwise specified under this Article. Signs allowed under Section 15- 30.060 may be made of any material, unless otherwise specified in this Article. (e) Illuminated Signs. All permanent building and free standing signs may be either illuminated or non - illuminated, provided that illuminated signs must be approved by the Planning Commission pursuant to Subsection 15- 30.150(c) or 15- 30.160. No temporary sign may be illuminated unless specifically provided in this Article. All illuminated signs shall comply with the following, unless otherwise specified under a sign program: (1) The primary source of light shall not be visible from off the property. (2) The sign shall not cause annoying glare. (3) The sign may be subject to conditions, including, but not limited to, the intensity, type, location, and the time during which the sign may be illuminated. Exhibit A Draft as of 4- 218 -12 (4) Illuminated building signs in the Village Sign District shall either be externally illuminated or a halo -lit solid surface. Signs in the Village shall not be comprised of channel cut letters. (5) Illuminated building signs in the Prospect Sign District, Quito Sign District, and Saratoga - Sunnyvale Sign District shall either be externally illuminated, halo -lit, or internally illuminated individual channel cut letters. (6) Illuminated cabinet signs are not permitted. (7) Illuminated free - standing signs shall be externally illuminated. (f) Free - Standing Signs. (1) Monument signs may be mounted directly on the ground or on two posts where the posts supporting the sign are no more than two feet high, as measured from the ground to the bottom of the sign. (2) Pole signs are mounted directly on one pole. The pole supporting the sign shall not extend more than two feet above the top of the sign. (g) Sign Projection. No sign shall extend above the ridge line of the building upon which it is located. No sign shall project over a public right -of -way (e.g., sidewalk, street, alley), unless otherwise authorized in this Article. 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 (3) 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 48 hours within a one week period, if the sign is larger than 20% of the body panel (e.g. door, hood, roof) on which it is located. (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. (f) Obscene signs, which are defined as signs containing depictions or representations which (a) taken as a whole, the average person, applying contemporary community standards, would find appeals to the prurient interest; (b) depict or describe, in a patently offensive way, sexual conduct specifically defined by California law; and (c) 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 conflict with traffic control signs or devices; interfere with, obstruct, or misdirect traffic; impede pedestrian movement; obstruct the clear view of vehicular or pedestrian traffic; or otherwise create a pedestrian or vehicular safety hazard. (i) Any signs other than those allowed by this Article. Exhibit A Draft as of 4- 215 -12 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 non - commercial messages. The aggregate area of all flags displayed on any lot shall not exceed 30 square feet. All flags displayed on a lot shall be mounted on a single, pefmaftent flagpole no higher than 25 feet. (b) Hand -Held Signs displaying non - commercial messages. (c) Window Signs, provided that the signs do not comprise more than 25% of the area of any individual window. (d) Temporary Special Event Signs included with a Special Event Permit issued per City Code Article 10 -10. There shall be no more than eight temporary signs per event and no individual sign shall exceed ten (10) feet in height and sixty (60) square feet in area. (e) Temporary Non - Commercial 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 (4) square feet in area and three (3) 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, non - commercial sign located on private property may incorporate balloons, ribbons, streamers, or other attention - getting devices, provided these devices are not displayed for more than 24 consecutive hours at a time, nor more than six 24 -hour periods in any one year. (6) No sSigns ffha-y -shall be located on private property without the permission of the property owner. (7) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. (f) Temporary Signs on Lots with Active Construction. In addition to the temporary, non- commercial signs allowed pursuant to subsection 15- 30.060(e), up to two temporary, non- illuminated on -site or non - commercial 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 free - standing, but in such case shall not exceed six (6) feet in height. (3) One sign may be located on a construction fence. (4) No sign shall exceed 15 square feet in area. (g) Banners on Light Poles erected or co- sponsored by a governmental entity. (h) Traffic control signs and devices erected by a government entity. Lots with a parking area exceeding ten spaces may have up to four (4) signs for every 10 parking spaces, where each sign shall not exceed two (2) square feet in area and four (4) feet in height. (i) Utility location signs, utility identification signs, and utility markers erected by a governmental entity. (j) 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 50 square feet. 7 Exhibit A Drab as of 4- 218 -12 15- 30.070 — Village Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Village Sign District with a sign permit. Signs on lots in the Village Sign District shall also be consistent with the Village Design Guidelines. (a) Building Signs. (1) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one -half square foot of area for each lineal foot of tenant frontage, as defined in Section 15- 30.020, or 40 square feet, whichever is less. (2) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (b) Projecting Sign. If one of the primary building signs permitted pursuant to subsection 15- 30.070(x)(1) is a projecting sign, the maximum area for all building signs upon any one building shall be increased by six (6) square feet. However, no projecting sign permitted pursuant to this section shall exceed 10 square feet in area and the bottom of the sign shall be at least seven (7) feet above the grade below. An example of a projecting sign is shown in Graphic 1. Graphic 1: Projecting Signs Grade i I (Example only, not to scale) 0 H Z' H Sign I 5, �► 5'�—► Awning Copy I Sign Copy o T minimum `o above grade 7' minimum _ above grade � c �• Graphic 1: Projecting Signs Grade i I (Example only, not to scale) 0 Exhibit A Draft as of 4- 21542 (c) Electronic Sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free - Standing Sign. One permanent free - standing sign per lot, as follows: (1) Four (4) or Fewer Uses. The sign shall only be a pole sign and shall not exceed nine (9) square feet in area or ten (10) feet in height. An example is shown in graphic 2. (2) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 14 square feet in area, plus one (1) additional square foot of area for each additional use over five (5) uses. The sign shall not exceed 6.5 feet in height. `9;SF 6.$F °1 SF Grade Graphic 2: Pole Sign Examples (Example Only, not to scale) 15- 30.080 - Prospect Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Prospect Sign District with a sign permit. (a) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one -half square foot of area for each lineal foot of tenant frontage, as defined in section 15- 30.020, or 40 square feet, whichever is less. (b) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. 01 E.Yhibit A Draft as of 4- 21S -12 (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free - Standing Sign. One permanent free - standing sign, as follows: (1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 17 feet in height. (2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 17 feet in height. (3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40 square feet in area or 10 feet in height. 15- 30.090 - Quito Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Quito Sign District with a sign permit. (a) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one -half square foot of area for each lineal foot of tenant frontage, as defined in Section 15- 30.020, or 40 square feet, whichever is less. (b) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free - Standing Sign. One permanent free - standing sign, as follows: (1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 10 feet in height. (2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 10 feet in height. (3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40 square feet in area or 10 feet in height. 15- 30.100 - Saratoga - Sunnyvale Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with non - residential uses in the Saratoga - Sunnyvale Sign District with a sign permit. Signs on lots located in the Saratoga - Sunnyvale Road Gateway area shall also be consistent with the Gateway Design Guidelines. (a) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one -half square 10 Rditibit A Draft as of 4- 21842 foot of area for each lineal foot of tenant frontage, as defined in Section 15- 30.020, or 40 square feet, whichever is less. (b) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free - Standing Sign. One permanent free - standing sign, as follows: (1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 12 feet in height. (2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 12 feet in height. (3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40 square feet in area or 10 feet in height. 15- 30.110 — Temporary On -Site Signs on Lots in Any Sign District In addition to other signs allowed pursuant to this Article, temporary signs that comply with the following standards are allowed on lots in any of the four sign districts without a permit: (a) One temporary banner or free standing on -site sign, provided that: (1) Temporary on -site banner shall comply with the following: a. The banner shall only be placed on a building. b. The banner shall not exceed 10 square feet in area. c. The banner shall be constructed of durable all- weather fabric or synthetic material. d. Each lot shall be free of temporary on -site banners at least 180 days in a calendar year. e. No individual temporary on -site banner shall be displayed more than 30 consecutive days. (2) Temporary on -site free - standing sign (including but not limited to A -frame type sign) shall comply with the following: a. The sign shall only be located within 10 feet from the primary entrance to the building and shall not impede pedestrian travel. b. The sign shall not exceed six (6) square feet in area and four (4) feet in height. c. The sign shall not be affixed to any tree or structure. d. The sign shall only be displayed when the business is open. e. The sign shall be constructed of durable all- weather wood, metal, and/or blackboard. (b) No business shall display more than one temporary on -site sign at any one time. (c) No temporary on -site sign shall be located within 10 feet of another temporary sign. (d) No temporary on -site sign shall be illuminated. 11 Exhibit A Draft as of 4 -21542 (e) No temporary on -site sign shall include balloons, ribbons, streamers, or other attention - getting devices. (f) No temporary on -site sign shall be located on any median, street, or travel lane, or upon any sidewalk where it impedes pedestrian travel. 15- 30.120 — Signs on Lots with Institutional, Public, or Quasi - Public Uses. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with an Institutional, Public, or Quasi - Public use anywhere in the City. (a) Building Signs: Any number of permanent building sign(s) on any lot are allowed with a sign permit, provided that: (1) The aggregate area of all permanent building sign(s) shall not exceed 40 square feet. (2) No individual permanent building sign shall be greater than 10 square feet in area. (b) Free - Standing Signs: Up to two permanent free - standing sign(s) per street frontage, or one permanent free - standing sign per driveway, whichever is greater are allowed with a sign permit provided that: (1) The aggregate area of all permanent free - standing sign(s) shall not exceed 40 square feet. (2) No individual permanent free - standing sign shall exceed 10 feet in height and the aggregate height of all such signs shall not exceed 15 feet. (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 40 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 80 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 30 consecutive days. (2) Up to two temporary on -site signs may be displayed on a single permanent free - standing dark colored durable all- weather wood or metal frame structure. a. The maximum height of the structure shall be six (6) feet. b. One structure may be located on each street frontage. c. No individual sign shall be displayed on such free - standing structure for more than 180 consecutive days. 15- 30.125 - Signs on Lots with Multi - Family Dwellings or Residential Subdivisions In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with multi - family dwellings or residential subdivisions with a permit. (a) Up to two permanent free- standing signs per letmulti- family complex or subdivision, provided that: (1) The aggregate sign area shall not exceed 24 square feet in area and the height of each sign shall not exceed six (6) feet. (2) The sign shall be located at the entrance to the multi - family dwelling complex or subdivision. 15- 30.130 - Wall Signs on Lots Zoned Residential and Agricultural 12 Exhibit A Draft as of 4-21S.12 In addition to other signs allowed pursuant to this Article, one permanent non - illuminated wall sign not exceeding two (2) square feet in area is allowed on lots zoned Residential or Agricultural without a permit. 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. (a) Any number of temporary off -site signs (including but not limited to real estate open house signs) are allowed, provided that: (1) No individual sign shall exceed two (2) square feet in area and three (3) feet in height. (2) No more than two identical signs per intersection shall be displayed. (3) The signs shall only be displayed between dawn and dusk. (4) No sign shall include balloons, ribbons, streamers, or other attention - getting devices. (5) No o9ff -site signs Lhallmay be located on property without the permission of the property owner. (6) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. 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 (4) square feet in area and six (6) 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. N(a) One temporary on -site sign per use may be located on a property that is actively marketed for sale or lease, provided that: (-3)(1) The sign area for any one use shall not exceed 10 square feet. If the sign is advertising three or more uses, it shall not exceed 24 square feet in area. (4)(21 No sign shall exceed six (6) feet in height. (5)(3LNo sign shall include balloons, ribbons, streamers, or other attention - getting devices. 15- 30.150 - Sign Permit (a) Sign Permit Application Requirements. An application for a sign permit shall be made to the Community Development Department in accordance with this Article and shall contain the following information, as applicable: 13 Exhibit A Draft as of 4- 218 -12 (1) A site plan showing the lot on which the proposed sign(s) will be located, adjacent land uses, streets, and parking lots; the location of off - street parking and loading spaces; major points of entry and exit for motor vehicles; existing or proposed buildings and structures on the site; the primary entrance to the building; the lineal feet of tenant frontage(s) used for calculating sign area; and the location of all existing and proposed signs on the building(s) or ground. (2) A scaled elevation drawing showing the building(s) upon which the proposed sign(s) will be located; the lineal feet of the tenant frontage(s) used for calculating sign area; and the placement and dimensions, including height, of all existing and proposed signs on the building(s) or ground. (3) A scale drawing showing the size, height, sign dimensions, letter dimensions, colors, materials and general design and construction of the proposed sign(s) or sign structure(s). If a sign is to be illuminated, the method, source, intensity, and placement of illumination. (4) A table showing the dimensions and area for each existing or proposed sign on the lot and the aggregate area of all existing and proposed signs on the lot. (5) Such other information as the Director or the Planning Commission may require in determining whether the proposed sign(s) will comply with the regulations and standards of the City; provided, however, that the Director and the Planning Commission shall not consider the content of any proposed sign in determining whether additional information is required. (b) Administrative Review. (1) The Director shall review and approve or deny, pursuant to this Article and the findings in subsection 15- 30.150(e), sign permits for each of the following types of signs. a. Any sign that is located on a property that is consistent with an approved sign program. b. Any non - illuminated building sign that does not require a sign program. (2) An administrative sign permit may be issued as soon as the application is found complete. (3) The Director may refer any sign permit application to the Planning Commission for its review. If the Director refers an application, he /she shall provide the applicant with his/her reasons for the referral in writing. (c) Planning Commission Review. (1) The Planning Commission shall review and approve or deny, pursuant to this Article and the findings in subsection 15- 30.150(e), a sign permit for each of the following types of signs. a. Illuminated signs that are not already subject to a Sign Program. b. Free - standing signs that are not already subject to a Sign Program. c. All Signs on lots with five (5) or more businesses or other uses that are not already subject to a Sign Program. d. Any application for a sign permit referred by the Director to the Planning Commission for a decision thereon. (d) Public Hearing. A public hearing is required for any new Sign Program and all free - standing signs over six (6) feet in height. Notice of the public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by mailing, postage prepaid, to 14 E -dAbit A Draft as of 4- 218 -12 the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within 500 feet of the boundaries of the parcel which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than 10 days prior to the date of the hearing. (e) Sign Permit Findings. A sign permit shall be granted if and only if all of the following findings are made: (1) Each sign complies with the regulations of this Article, including but not limited to the provisions set forth in Sections 15- 30.030 and 15- 30.040; and (2) Each sign is consistent with any approved sign program for the subject site; and . (3) Each sign is consistent with the applicable Specific Plan and/or Design Guidelines for the subject district; and (4) The quantity, size, proportion, height, and spacing of signs minimizes the perception of clutter; and (5) Each sign is compatible with: a) other nearby signs; and b) the building and /or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of lettering. (f) 30 DayPrompt Review. The City shall comply with California Government Code §65920 through §65965 and Public Resources Code §21151.5, including the time limits contained therein. Within 30 days after receipt of an application for a sign permit, the Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. (g) Application Approval. If a proposed sign complies with the requirements of this Article, the reviewing body shall grant the requested sign permit. If a proposed sign does not comply with the requirements of this Article, the reviewing body shall either deny the requested sign permit or grant it subject to conditions that will bring the sign into conformance with this Article. Any denial or conditional grant of a sign permit shall be accompanied by written findings stating the reasons for the denial or conditional permit. (h) Appeal. A decision or determination made under this Article may be appealed in accordance with the procedure set forth in Article 15 -90 of this Chapter. (i) Sign Permit Revocation. The City shall reserve continuing jurisdiction over a sign permit and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. 15- 30.160 - Sign Program (a) Purpose. The purpose of a Sign Program is to achieve a consistent theme and visual harmony among all permanent signs erected on a single lot. In order to achieve this purpose, a Sign Program may include exceptions to the requirements contained in this Article limiting the number and size of individual permanent signs erected and maintained on any one lot, as well as their design features (including but not limited to illumination, color, material, letter size, height etc.), upon making the findings in subsection 15- 30.160(e). 15 Exhibit A Drafi as of 4- 21542 (b) Eligibility. Any property owner may apply for a Sign Program. All advertising signs on lots with five (5) or more uses shall be regulated under a Sign Program. If such a property does not have a Sign Program, the property owner shall receive approval for a Sign Program prior to installation of any new permanent advertising signs or the alteration of any existing permanent advertising signs. (c) Sign Program Application Review. (1) The Planning Commission shall review and approve or deny, pursuant to this Article and the findings in Subsection 15- 30.160(e), all Sign Program applications. (2) A public hearing is required for all new Sign Programs, pursuant to Subsection 15- 30.150(d). (3) The Planning Commission shall comply with California Government Code § 65920 through § 65965 and Public Resources Code § 21151.5, including the time limits contained therein, in reviewing Sign Program applications. Within 30 days after receipt of an application for a Sign Program, the Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. (d) Sign Program Application Requirements. An application for a Sign Program shall include all of the following information: (1) All of the information required under subsection 15- 30.150(a) of this Article. (2) Theme. A graphical representation of the visual theme of the Sign Program including how individual signs will relate to one another through common elements such as size, shape, material, color, location, illumination, letter style, or letter size. (3) Sign Area Distribution. A description of the total sign area allowed under the proposed Sign Program will be distributed, e.g., the area will be limited by the square footage of tenant space or an anchor tenant will be allowed a larger percentage of area than other tenants. (e) Sign Program Findings. The Planning Commission shall grant approval of a Sign Program if and only if all of the following findings are made: (1) The total area of all permanent signs governed by the Sign Program is not greater than the total area of all permanent signs otherwise allowed on the lot by this Article. (2) All signs in the Sign Program are consistent with the applicable Specific Plan and/or Design Guidelines for the subject district; and (3) The quantity, size, proportion, height, and spacing of signs minimizes the perception of clutter; and (4) The signs governed by the Sign Program are compatible with: a) other nearby signs; b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined and limited Ito the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and height, and the size and style of lettering. (f) Sign Program Approval. If a proposed Sign Program complies with the requirements of this Article, the reviewing body shall grant the requested Sign Program. If a proposed sign does not comply with the requirements of this Article, the reviewing body shall either deny the requested Sign Program or approve it subject to conditions that will bring the Sign Program into conformance with this Article. Any denial or conditional approval of a Sign Program 16 Exhibit A Draft as of 4- 218 -12 shall be accompanied by written findings stating the reasons for the denial or conditional approval. (g) Appeal. A decision or determination made under this Article may be appealed in accordance with the procedure set forth in Article 15 -90 of this Chapter. (h) Sign Program Revocation. The City shall reserve continuing jurisdiction over a Sign Program and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. (i) Implementation. (1) Existing signs must be brought into compliance with an applicable Sign Program upon alteration, as defined in Section 15- 30.020. (2) All new signs, including replacement signs, shall comply with the Sign Program. (j) Modifications. Any modifications to a Sign Program shall require a new application. 15- 30.170 — Expiration, Extension, and Renewal of Sign Permit Approval (a) Expiration. An application approved in accordance with this Article shall be deemed to have expired, when any of the following occurs: (1) When a sign permitted by the approved sign permit or sign program has not been erected within three (3) years of approval, or for signs associated with other land use approvals within the maximum time limit of the land use approval. The time period, within which a project must be commenced starts on the effective date of a decision approving a project or the end of the appeal period, whichever is longer. When there is an appeal, the effective date is the date of the final determination of the appeal. (2) When a building permit for the sign has expired, and the Building Official does not renew the building permit within one hundred eighty days after expiration. (3) When a business, that has obtained a sign permit to erect or maintain a sign at a certain location, has been closed at such location for a period of at least one (1) year. (b) Extension. The Community Development Director may extend a sign permit for a single period of twelve months if an application for extension is filed no earlier than three months prior to the expiration date and no later than one month prior to the expiration date. (c) Renewal. Any approved application which has been allowed to expire shall be subject to the filing of a new application pursuant to this Article. 15- 30.180 — Sign Alteration (a) , No person shall alter a sign unless the alteration conforms to this Article. (b) Any sign erected or displayed pursuant to a sign permit must obtain a new sign permit for any alteration. (c) Replacement of the sign face shall be considered an alteration, unless such replacement results in a sign that is visually identical to the original sign. 15- 30.190 — Sign Conformance, Violations and Abatement of Illegal signs 17 Exhibit A Draft as of 4- 218 -12 (a) Illegal Signs. Any sign, including its supporting structure, other than a legal non - conforming sign, as defined in subsection 15- 30.190(b), that is in violation of this Article shall be deemed to be a public nuisance and shall be made to conform or removed by the owner of the property on which it is located upon thirty (30) days written notice by the City. (b) Legal Non - Conforming Signs. A "legal nonconforming sign" is a permanent sign that was in existence on the effective date of the ordinance adopting this Article and that does not conform to the provisions of this Article. (1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign ", or in violation of this Article, or required to be removed or made to conform, unless: a. It is altered or relocated, or b. A conditional use permit for a new use, or design review pursuant to City Code Section 15- 46.060, is required for the property on which the "legal nonconforming sign" is located. (2) Temporary signs and window signs are not considered permanent legal non - conforming signs for the purposes of this Article. (3) The owner of the sign shall bear the burden of demonstrating to the Director that the sign was in existence on the effective date of the ordinance adopting this Article, and the Director's determination shall be final. (4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the maintenance requirements of Subsection 15- 30.030(i). (c) Signs on Public Property. Any sign located upon or affixed to any public property in violation of the provisions of this Article is subject to removal, upon giving at least three days' prior written notice of such violation and intended removal to the sign owner. If the sign owner cannot be ascertained or found after reasonable efforts to do so, the notice shall be posted upon the sign for a period of at least three days prior to the removal of the sign. Any such sign that constitutes an immediate and substantial hazard to the public health or safety may be promptly abated and removed with written notice of the removal provided to the sign owner, or without notice if the owner cannot be promptly ascertained. (d) Sign Removal. Except as provided in subsection 15- 30.190(b), all signs presently existing and not in conformity with the provisions of this Article constitute a violation of this Code and shall be removed or made to conform to the provisions of this Article. (1) Any sign removed pursuant to this Article will be retained by the City for a period of at least ten days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine established by the City Council, whichever is greater. Any person desiring to contest such payment may request a hearing before the City Managei-7Community Development Director, who shall waive the payment if he determines that the sign did not violate any provisions of this Article. The decision of the Community Development Director can be appealed to the City Manager- €fta4City Council. (2) Any sign not retrieved within the ten -day period shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the City. The City shall have the right to recover from the owner of such sign all removal and destruction costs. (e) Each sign found to be in violation of any provision of this Article shall constitute a separate violation of this Code. 18 Exhibit A Draft as of 4 -21S42 (f) The enforcement of sign regulations pursuant to this Section shall be in addition to any other rights and remedies available to the City under Chapter 3 of this Code by reason of the same violation. 15- 30.200 — Sign Permit Variance. (a) The Planning Commission shall grant a variance to any of the size, design or temporal requirements contained in this Article if and only if all of the following findings are made: (1) Strict compliance with the size, design, or temporal requirements would result in practical difficulty or unnecessary hardship inconsistent with the purposes of this Article, due to unique physical or topographic circumstances or conditions of design; and (2) Strict compliance with the size, design, or temporal requirements would deprive the applicant of privileges enjoyed by owners of similarly zoned property. (3) The extent of the variance from the requirements of this Article shall be limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstances or conditions identified pursuant to subsection (a)(1), above. (b) No other provision in the Municipal Code authorizing a variance or exception to the City's zoning regulations shall apply to the requirements of this Article. (c) Within 30 days after receipt of an application for a sign variance, the Community Development Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Community Development Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. 15- 30.210 — Substitution Clause (a) A sign displaying a protected non - commercial message of any type is allowed anywhere that commercial signs are allowed, subject to the same regulations applicable to such commercial signs. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non - commercial speech, or favoring of any particular non - commercial message over any other non - commercial message. (b) This message substitution provision does not: 1) create a right to increase the total amount of signage on a parcel, lot or land use; 2) affect the requirement that a sign structure or mounting device be properly permitted; 3) allow a change in the physical structure of a sign or its mounting device; or 4) authorize the substitution of an off -site commercial message in place of an on -site commercial message or in place of a non - commercial message. M17 • , shall not affeet the validity ef the remaining pertiens of this Aftiele. it is hereby deelafed te be shall be sever-able. M17 r Recommended action, endorsed by the board of directors of the Saratoga Chamber of Commerce, to remove item #7 of Section 15- 30.040(e)- Design Criteria — Illuminated Signs (requirement for externally illuminated free-standing including monument signs) in Saratoga draft sign ordinance. Reference to "externally illuminated" signs is shown below in red with item #7 shown below in red with strikeout over text that we feel is best left off the draft sign ordinance. Highlights (but not all of the draft) gathered by Gary Smith, Legislative Committee Chairman on April 17, 2012 from the Saratoga sign ordinance pertaining to free-standing signs and illuminated free-standing signs show below: selections from Sign Ordinance — Draft as of 4-2-12 15- 30.020 — Definitions (n) Illuminated Sign means a sign illuminated by either internal or external lighting. (1) Internally illuminated sign means a sign with a source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign. (2) Externally illuminated sign means a sign with a source of illumination that is not completely enclosed by any portion of the sign. (3) Halo -Lit sign means a sign in which the light reflects back off the solid face of the sign or channel cut letter, and onto the facade of the building to give it a halo effect. 15- 311.030 - General Provisions (b) Construction Standards. All signs shall be constructed in such manner as to protect the public safety. Construction of permanent signs shall be as set forth in the latest edition of the California Building Code or other construction standard adopted by the City. (h) Legibility. All signs shall be legible under normal viewing conditions. 15- 30.040 - Design Criteria (d) Sign Materials. All permanent signs shall be constructed and maintained with high quality all- weather wood, metal, or durable synthetic materials, unless otherwise specified under this Article. Signs allowed under Section 15- 30.060 may be made of any material, unless otherwise specified in this Article. (e) Illuminated Signs. All permanent building and free standing signs may be either illuminated or non - illuminated, provided that illuminated signs must be approved by the Planning Commission pursuant to Subsection 15- 30.150(c) or 15- 30.160. No temporary sign may be illuminated unless specifically provided in this Article. All illuminated signs shall comply with the following, unless otherwise specified under a sign program: (1) The primary source of light shall not be visible from off the property. (2) The sign shall not cause annoying glare. (3) The sign may be subject to conditions, including, but not limited to, the intensity, type, location, and the time during which the sign may be illuminated. (4) Illuminated building signs in the Village Sign District shall either be externally illuminated or a halo - lit solid surface. Signs in the Village shall not be comprised of channel cut letters. (5) Illuminated building signs in the Prospect Sign District, Quito Sign District, and Saratoga - Sunnyvale Sign District shall either be externally illuminated, halo -lit, or internally illuminated individual channel cut letters. (6) Illuminated cabinet signs are not permitted. (7) 111untinated free-standing sigin shall be externally illumninated. (f) Free- Standing Signs. (1) Monument signs may be mounted directly on the ground or on two posts where the posts supporting the sign are no more than two feet high, as measured from the ground to the bottom of the sign. (2) Pole signs are mounted directly on one pole. The pole supporting the sign shall not extend more than two feet above the top of the sign. 15- 30.150 - Sign Permit (a) Sign Permit Application Requirements. An application for a sign permit shall be made to the Community Development Department in accordance with this Article and shall contain the following information, as applicable: (3) A scale drawing showing the size, height, sign dimensions, letter dimensions, colors, materials and general design and construction of the proposed sign(s) or sign structure(s). If a sign is to be illuminated, the method, source, intensity, and placement of illumination. (c) Planning Commission Review. (1) The Planning Commission shall review and approve or deny, pursuant to this Article and the findings in subsection 15- 30.150(e), a sign permit for each of the following types of signs. a. Illuminated signs that are not already subject to a Sign Program. b. Free - standing signs that are not already subject to a Sign Program. c. All Signs on lots with five (5) or more businesses or other uses that are not already subject to a Sign Program. d. Any application for a sign permit referred by the Director to the Planning Commission for a decision thereon 15- 30.180 — Sign Alteration (a) Except as otherwise provided in the Saratoga Municipal Code, no person shall alter a sign unless the alteration conforms to this Article. (b) Any sign erected or displayed pursuant to a sign permit must obtain a new sign permit for any alteration. (c) Replacement of the sign face shall be considered an alteration, unless such replacement results in a sign that is visually identical to the original sign. a 15- 30.200 — Sign Permit Variance. (a) The Planning Commission shall grant a variance to any of the size, design or temporal requirements contained in this Article if and only if all of the following findings are made: (l) Strict compliance with the size, design, or temporal requirements would result in practical difficulty or unnecessary hardship inconsistent with the purposes of this Article, due to unique physical or topographic circumstances or conditions of design; and (2) Strict compliance with the size, design, or temporal requirements would deprive the applicant of privileges enjoyed by owners of similarly zoned property. (3) The extent of the variance from the requirements of this Article shall be limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstances or conditions identified pursuant to subsection (a)(1), above. (b) No other provision in the Municipal Code authorizing a variance or exception to the City's zoning regulations shall apply to the requirements of this Article. ' (c) Within 30 days after receipt of an application for a sign variance, the Community Development Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Community Development Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. High Speed Rail Early Investment Strategy Ca�tra'M / Hgh Speed i Memorandum r i Background • High Speed Rail Bonds approved 2008 —Voter approval for $9.95 billion ($40 b est.) — 2 hours 40 minutes between SF and LA — Bonds to cover half costs • Revised cost estimate 2011- $98 billion • Governor appoints new leadership to CHSRA • Revised cost estimate 2012 - $68 billion OA Background • New Business Plan — Maintains HSR in Central California — Phases Construction — Blended Approach in North and South • Offers upgrades to existing commuter rail 3 Sacramento Early Investments /Statewide Benefits Northern California Unified Service Stockton (San Joaquin /Capitol /A(E) San Francisco Modesto Investment San lose in Caltrain Corridor Future HSR Fresno _— 105 —First Construction KingsJulare HSR San Luis Obispo rsaKersneia Early Priority— Close Close Gap to LA Basin Palmdale Amtrak Surfliner San Fernando Los Angele Riverside Early Investments in Anaheim Metrolink Corridors / ® Future HSR 75 o 25 so s Mlles San Diego Northern California Proposal • CHSRA invests in Caltrain — $706 million Prop 1A • Region identifies projects — "Blended System" • Region identifies local match for $706 million 5 Memorandum of Understanding • IVITC led effort to identify projects /funding Regional parties — Defined broad outcomes — Near term specific projects — Funding Plan 0 MOU Parties • California High Speed Rail Authority • Metropolitan Transportation Commission • Peninsula Corridor Joint Powers Board • San Francisco County Transportation Authority • San Mateo County Transportation Authority • Santa Clara Valley Transportation Authority • City of San Jose' • City and County of San Francisco • Transbay Joint Powers Authority Broad Outcomes • Utilize Blended System with Caltrain • Stations at: — TransBay Terminal — Millbrae — San Jose Diridon Initial Investment Strategy • Corridor Electrification Infrastructure Project — Tamien to current San Francisco Station — Electrical system infrastructure — Electric vehicles (rolling stock) • Advanced Signal System — Communications — Positive Train Control 9 Funding Plan (in $millions, year of expenditure) Advanced Signal System $231 Electrification & $1,225 Vehicles Total Expenditure $1..456 Funding Plan (in $millions, year of expenditure) CHSRA $730 Partner Contributions $195 Federal Funds $500 Regional Funds $31 Total $1,456 VTA Commitment • Measure A - Caltrain Electrification — $60 million • High Speed Rail Connectivity Funds — $26 million • Total VTA — $86 million 12 Benefits • Delivers important Measure A project • State pays for half of two major projects • Delivers Caltrain Electrification sooner • Lowers Caltrain operating costs • Increases Caltrain ridership • Reduces greenhouse gas emissions • Prepares for High Speed Rail 13 Project Schedule Electrification Infrastructure U. �. Environmental Clearance 2012 2013 Final Design /Procurement 2013 2015 Construction /Vehicle Testing 2015 2019 Project Schedule Advanced Signal System '. a ��Ae - - Planning and Preliminary Design Procure DB Contractor Hardware Software Engineering Construction /Installation Revenue Service January 2008 August 2010 2012 2013 July 2010 December 2011 2013 2014 2015 Next Steps • CHSRA action on New Business Plan /MOU — April 12, 2012 • Caltrain Board action on MOU — May 3, 2012 • VTA Board action on MOU — May 3, 2012 • Legislative Approval 16 A sampling of Free - Standing illuminated business signs in all four Saratoga commercial sign districts information gathered by: Gary Smith, LC Date: April 2012 • L' • __ � d � � C�' � � �. �` `�, .a ���` � .r � �% �.� � r� hd �}_a mbitZ 9011k mll� K U M O N SUCC�: Q CONRADO HOME BUILDERS IN.n a u 1 urin onl6v•• rEW -AIRPORT LIMO J • L' •