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HomeMy WebLinkAboutItem 1a - Ordinance No. 2324 Continued Hearing Sign Regulations^� GPI,IFOk.V�9`Y� r .r�,orPa�T A-g— 5. IM of "o fi��� STAFF REPORT nlwn;ty Development Services Department DATE: May 5, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Prepared By: Tim Schwehr, Associate Planner SUBJECT: ORDINANCE NO. 2324 AMENDING PORTIONS OF ARTICLE IX, CHAPTER 2, PART 5 OF THE ARCADIA MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S SINGLE - FAMILY RESIDENTIAL REAL ESTATE SIGN AND DEVELOPER - CONTRACTOR SIGN REGULATIONS. (CONTINUED FROM APRIL 7, 2015 CITY COUNCIL MEETING) Recommendation: Introduce SUMMARY At the April 7, 2015, City Council meeting, the City Council considered Ordinance No. 2324 to revise the City's Single - Family Residential Real Estate and Developer - Contractor Sign Regulations. The April 7, 2015, staff report is attached. At that meeting, the City Council provided staff with direction to revise certain proposed provisions of the Ordinance and continued the public hearing for this item to the May 5, 2015, City Council meeting. The proposed Ordinance has been revised based on the City Council's direction; however, based on the attached emails from the Arcadia Association of Realtors, and from Ms. Irene Daly of Dilbeck Real Estate, the City Council may wish to revisit two of the changes discussed at the April 7, 2015, meeting: 1) the times when Open House signs can be displayed, and 2) the reduction of the height of For Sale signs. After reviewing these two provisions, it is recommended that the height of For Sale signs be allowed to remain at six feet, and that the times for displaying Open House signs be revised to 10:00 a.m. to 6:00 p.m. on any day. With these alterations, it is recommended that the City Council introduce Ordinance No. 2324 amending Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code pertaining to the City's Single - Family Residential Real Estate and Developer- Contractor sign regulations. BACKGROUND Ordinance No. 2324 is proposed to address the increasing number of real estate signs, their improper placement, and the unauthorized attachment of flags, pennants, and other attention - attracting features. The proposed Ordinance also addresses the lack of stringency of the current regulations for Developer- Contractor signs. Ordinance No May 5, 2015 Page 2 of 9 2324 - Real Estate and Developer- Contractor Signs The real estate signs that the proposed Ordinance addresses consist of the signs that advertise a property for sale, lease, or rent (hereafter referred to as "For Sale" signs) that are posted in front yards and typically displayed on a post and arm, and "Open House" directional signs that are posted at the property and at intersections. To prepare the proposed Ordinance, other cities were surveyed, and the attached matrix displays the varying regulations of those cities. The Developer- Contractor signs addressed by the proposed Ordinance are the large signs that identify the developer of a new house, and that often include a rendering, as well as the multiple, smaller signs that are often displayed on the construction fencing to show the name and contact information of the contractor, subcontractors, and engineering, architectural, or financial firms involved with the project. A copy of the draft regulations was sent to the Arcadia Association of Realtors (AAR) prior to the March 10, 2015, Planning Commission Meeting. The AAR suggested two minor changes to the draft regulations: 1) That additional text besides "Open House" be allowed in order to comply with the State of California Bureau of Real Estate requirement that a broker's name, license number, and contact information be included; and 2) that there be an exception to allow "For Sale" signs to be placed within the public parkway when a hedge, wall, or fence would block the visibility of the sign. Provisions for these requests have been added to the proposed Ordinance. The Planning Commission held a public hearing to consider the proposed text amendments at their March 10, 2015, regular meeting. The Planning Commission was mostly concerned about the penalties and confiscation process for illegally- placed signs, and that the process be simple and effective. The penalties section of the proposed Ordinance subjects illegal sign placement to fines in accordance with the administrative remedies of the Arcadia Municipal Code, which stipulates fines of $100 for a first offense, $200 for the second offense, and $500 for every subsequent offense. With the simplification of the enforcement procedures, the Planning Commission voted 5 -0 to recommend to the City Council approval of the proposed text amendments. The City Council opened the public hearing for the proposed Ordinance No. 2324 at the April 7, 2015, meeting. The City Council directed staff to revise certain provisions of the proposed Ordinance and gather certain additional information and continued the public hearing to the May 5, 2015, meeting. The following provisions were discussed and revised by the City Council. For Sale Signs The City of Arcadia's zoning regulations for the three Single - Family Residential Zones (R -M, R -0, & R -1) currently allow one For Sale sign per street frontage, which means a corner lot may have two such signs. And, For Sale signs are currently limited to six feet in height, with up to three smaller signs (commonly called "riders ") of one square -foot in Ordinance No May 5, 2015 Page 3 of 9 2324 - Real Estate and Developer- Contractor Signs area each being allowed beneath the For Sale sign. The Ordinance as proposed at the April 7, 2015, meeting maintained the six -foot height limit, as well as the existing provision for one sign per street frontage. The City Council directed that these provisions be revised as follows: • Reduce the maximum allowable height from six (6) feet to three (3) feet, with a six -month grace period for a transition to the new height limit, and • Allow only one (1) sign per lot, even on corner lots. Open House Signs For Open House signs, the current regulations allow up to two signs, with each being a maximum of three square feet in area. The proposed Ordinance maintains the existing size restrictions and proposes that the total allowable number of Open House signs be increased from two signs to four signs. It also reduces the restrictions on the placement of Open House signs on private property, and prohibits them from being placed on sidewalks, walkways, and City medians. The City Council directed staff to make the following revisions to the times when Open House signs can be displayed: Restrict the hours to 1:00 p.m. to 6:00 p.m., except for caravan days when they may be displayed from 10:00 a.m. to 6:00 p.m. Developer - Contractor Signs Currently, the City's regulations allow up to six Developer- Contractor signs of up to four square -feet in area each (total 24 square feet) to be posted on the premises during construction. The proposed Ordinance allows only one Developer- Contractor sign of not more than 16 square feet in area and six feet in height and limits the display period to one year or the completion of construction, whichever occurs first. The City Council directed staff to refine the proposed regulations so that it is clear that only one Developer- Contractor sign of up to 16 square feet is allowed per site, that it include a depiction of the project and all other construction - related information that is to be posted at the site (e.g., contact name and phone number of a person responsible for the project, and the City's construction hours), and that the design be approved by staff prior to the issuance of a building permit. Enforcement Regulations To facilitate enforcement, which often includes the confiscation of illegally- placed signs, the proposed Ordinance adds language to outline a removal and penalty process. The City Council shortened the holding period for confiscated signs from 45 days to 30 days, and asked staff to verify that contractors and subcontractors are not required by State law to post their own signage at a construction site in order to be able to avail themselves of the mechanic's lien process. Ordinance No May 5, 2015 Page 4 of 9 2324 - Real Estate and Developer- Contractor Signs Because of the need to clarify certain provisions proposed by the many changes to the proposed Ordinance, and to get additional input on those changes, the City Council continued the public hearing for Ordinance No. 2324, to the May 5, 2015, meeting. DISCUSSION The proposed Ordinance No. 2324 has been revised to incorporate the changes as directed by the City Council at the April 7, 2015, meeting. Subsequent to that meeting, additional input has been received from the Arcadia Association of Realtors, Ms. Irene Daly of Dilbeck Real Estate, and from Mr. Kirk Olsen. Their emails are attached. The Arcadia Association of Realtors and Ms. Daly are concerned about the times when Open House signs can be displayed and the reduction of the height of For Sale signs. Mr. Olsen suggests that all Developer- Contractor and other construction - related signage not be allowed. Mr. Olsen's email includes a photograph of a situation that he feels is unsightly and unnecessary. For Sale Signs The proposed regulations for For Sale signs are as follows, with the City Council's changes shown in bold: A. Real Estate "For Sale, Lease, or Rent" Signs: 1. One (1) sign is allowed, except for- Gorner properties that may have f:.� ail such one /,. ner cfreet frontage 2. Maximum allowable area is four (4) square feet plus a maximum of two (2) riders of no more than one (1) square -foot each in area. The maximum allowable height including the decorative post and arm shall not exceed s+x {6)-three (3) feet. A six -month transition period is being provided from the date of adoption of this height regulation. 3. Signs shall be placed on private property and shall not overhang onto public property. Signs shall only be allowed to be placed on public property within the public parkway when an existing hedge, fence, or wall in the front yard area completely obscures the visibility of the sign text when properly placed on private property as viewed from the street; in this case, the sign shall be allowed to be placed immediately adjacent to the hedge /wall /fence within the public parkway provided it does not overhang onto a public sidewalk. 4. All real estate signs shall be setback a minimum of 10 feet from adjoining properties, and shall be placed in a location that does not interfere with Ordinance No May 5, 2015 Page 5 of 9 2324 - Real Estate and Developer- Contractor Signs vehicular visibility at intersections or driveways per the standards on file with Planning Services. 5. Real estate signs shall be removed at the end of the listing period or upon close of escrow. 6. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. Two issues arise from the lowering of the height of For Sale signs: visibility and sign aesthetics. Commenters have expressed concern with the lowering of the height of For Sale signs and for the hours when Open House signs may be displayed. They feel that, for those properties with fences and /or hedges, a three -foot tall sign would not be visible. This will increase the occurrence of For Sale signs being placed in the public parkways. And, on those streets where numerous cars are parked curbside, the three - foot tall signs would be difficult to view regardless of where they are placed. Aesthetically, if the maximum height is to be reduced to three feet, the maximum size of the sign should also be considered for reduction so that it does not have an out -of -scale appearance. For example, the sign area could be reduced to three (3) or three- and -a- half (3'/2) square feet in area. With the reduced height, only one rider should be allowed; for it to be visible, it should be allowed on top of the For Sale sign. The proposed Ordinance only addresses the regulations for single - family zones. Unless there are further amendments, the other zones will still be allowed to have six -foot tall For Sale signs. In multiple - family, commercial and industrial zones, if the height of For Sale signs is reduced to three feet, the signs will be very difficult to view because cars are almost always parked at curbside for extended periods in these areas. It is recommended that the six -foot height limit be retained in all zones. Open House Signs The proposed regulations for Open House signs reads as follows, with the City Council's changes shown in bold: B. Open House Signs: Directional arrow -type signs stating "Open House" 1. One (1) Open House sign is permitted to be placed on or in front of the subject property, and up to three (3) off -site signs may be placed at/near street intersections, but not more than one (1) sign per intersection. 2. Each sign is limited to three (3) square feet in area and three (3) feet in height. Such sign shall be limited to the words "Open House ", a directional Ordinance No May 5, 2015 Page 6 of 9 2324 - Real Estate and Developer- Contractor Signs arrow graphic; and the listing agent's name, company name, license number, and contact information. 3. Signs placed in the public right -of -way shall be restricted to the landscaped parkway area adjacent to a curb or sidewalk, and shall not be placed on sidewalks, in locations obstructing pedestrian walkways, within a street median, or elsewhere on public property. 4. Open House signs shall be displayed only between the hours of B.-,00 a.m. 1:00 p.m. and 6:00 p.m., except for caravan days when they may be displayed from 10:00 a.m. to 6:00 p.m., and shall be removed from public view promptly at the end of such periods. 5. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. 6. These regulations shall also apply to single- family residential Open House signs placed on or in front of properties zoned commercial, multiple- family, and /or mixed use. The Arcadia Association of Realtors is concerned with the allowable hours that Open House signs may be displayed because many open houses start at 1:00 p.m., which means the signs need to be placed well before that start time. Ms. Irene Daly of Dilbeck Real Estate expresses concern about there being different hours for Open House signs on caravan days. It is recommended that the City Council consider allowing Open House signs to be displayed from 10:00 a.m. on any day to provide time for the Open House signs to be setup prior to the beginning of the open house and to simplify enforcement because caravan days are not always on the same days. Developer- Contractor and Construction - Related Signs The proposed regulations for Developer- Contractor signs are as follows, with the City Council's changes shown in bold: C. Developer- Contractor signs: A temporary sign that states the name and contact information of the developer and contractor(s) working on the site, the name and contact information of the person /party responsible for the project, the hours when construction is allowed, an image /rendering of the project being constructed, and any related information concerning the subcontractors, engineering, architectural, or financial firms involved with the on -going construction project. 1. Only one (1) Developer - Contractor sign is permitted per property. Ordinance No May 5, 2015 Page 7 of 9 2324 - Real Estate and Developer- Contractor Signs 2. Each sign shall not exceed a maximum of 16 square feet in area and six (6) feet in height. 3. Signs shall be setback a minimum of 10 feet from adjoining properties, and shall be placed on private property and /or directly adjacent to approved construction fencing installed parallel to a public street. Signs shall not overhang or obstruct a public sidewalk, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 4. The Developer- Contractor sign shall be displayed for no more than one (1) year, and shall be removed in any event no later than final inspection approval issued by the City. No signs shall be installed until active construction has commenced at the subject property. 5. The design of the Developer- Contractor sign is subject to review and approval by the Development Services Director, or designee, and approval of the Developer- Contractor sign shall be affixed to the sign. The City Council asked staff to verify that posting contractor signage is not a requirement in order to place a mechanic's lien on a property. The California Civil Code, in Sections 8000 — 8848, and 9000 — 9566, states that in order to record a mechanic's lien, a subcontractor need only provide a Preliminary Notice in person or by certified mail to the owner, general contractor, and construction lender within 20 days of first beginning work. But, for property owners, a Notice of Non - responsibility is required to be posted at the job site to protect themselves from a mechanic's lien by a subcontractor when payment has already been made to the general contractor for the subcontractor's services. The Notice of Non - responsibility is to be posted on the property in a conspicuous location within 10 days of being made aware of the subcontractor's work. If the property owner thinks this notice will be needed, space for it should be provided within the 16 square feet of the Developer- Contractor sign An exemption to allow posting of a Notice of Non - responsibility elsewhere does not need to be added to the proposed Ordinance. An email from Mr. Kirk Olsen includes a photograph of the type of contractor signage that the proposed Ordinance is intended to eliminate. Mr. Olsen, however, suggests that all Developer- Contractor and other construction - related signage not be allowed. Enforcement Regulations To facilitate enforcement, which often includes the confiscation of illegally- placed signs, particularly Open House signs, the proposed Ordinance includes language to outline a removal and penalty process. The proposed provisions are as follow, with the City Council's changes shown in bold: Ordinance No May 5, 2015 Page 8 of 9 2324 - Real Estate and Developer- Contractor Signs A. Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code. B. Removal of illegal signs from the public right -of -way: 1. The City may cause the immediate removal of any sign that has been illegally placed in the public right -of -way. 2. Signs removed in compliance with this Section shall be stored for 430 calendar days, during which time they may be recovered upon payment to the City of the administrative penalties for the illegally placed sign. 3. If not recovered within the 430- calendar -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City at which time the City may dispose of the sign and supporting structure. There were no comments from the realty community on the proposed enforcement regulations before or during the public hearing at the April 7, 2015, meeting, and there have not been any comments on the 30 -day holding period. Thirty days appears to be acceptable, and Code Services' experience has been that most realtors collect their signs within two weeks. ENVIRONMENTAL IMPACT The proposed Ordinance qualifies for an exemption from the California Environmental Quality Act ( "CEQA ") per Section 15061(b)(3) of the CEQA Guidelines because it is a project that does not have a potential for causing a significant effect on the environment. A Preliminary Exemption Assessment is attached. PUBLIC NOTICE /COMMENTS The Public Hearing Notice for Ordinance No. 2324 was published in the Arcadia Weekly on March 26, 2015. Since the public hearing was continued specifically to the May 5, 2015, meeting, a subsequent public hearing notice was not provided. Following the April 7, 2015, City Council Meeting, comments were received from an Arcadia resident, Mr. Kirk Olsen, Mr. Andrew Cooper on behalf of the Arcadia Association of Realtors, and Ms. Irene Daly of Dilbeck Real Estate. Their emails are attached. FISCAL IMPACT Ordinance No. 2324 will have minimal fiscal impact. The revised regulations are not anticipated to require additional staff time or overhead to process or enforce. Fines issued for illegally - placed signs will continue to offset enforcement costs. Ordinance No May 5, 2015 Page 9 of 9 2324 - Real Estate and Developer- Contractor Signs RECOMMENDATION It is recommended that the City Council find that Ordinance No. 2324 is exempt from the requirements of the California Environmental Quality Act (CEQA); and introduce Ordinance No. 2324 amending portions of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in order to update the City's Single - Family Residential Real Estate Sign and Developer- Contract Sign Regulations. Approve: Dominic Lazza City Manager Attachments. Ordinance No. 2324 (revised) April 7, 2015 City Council Staff Report City Survey Matrix Email from Mr. Olsen Email from the Arcadia Association of Realtors Email from Ms. Daly Preliminary Exemption Assessment ORDINANCE NO. 2324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING PORTIONS OF ARTICLE IX, CHAPTER 2, PART 5 OF THE ARCADIA MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S SINGLE - FAMILY RESIDENTIAL REAL ESTATE SIGN AND DEVELOPER - CONTRACTOR SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: [Deleted text is highlighted in stF&ethrq&gh and added text is highlighted in bold italics] SECTION 1. Section 9250.2.4 of Division 0 of Part 5 of Chapter 2 of Article VI of the Arcadia Municipal Code and is hereby amended to read as follows: 9260.2.4.2. - TEMPORARY SIGN& - .- - - - - _ - .- - ■- _ _ ALLEALZM t - - _ UndeFeaGh "For Sale" - - ' r � - - r �' -2 f r - aw - W w i - iRGhes !1 x24") may be a#aGhed to the smgn--- 9250.2.4.2 Gign OF SAME. One (1) diFeGtienal arrew-type sign not to three pr-em�ses for sale, lease eXGeed OF FeRt. Th - sign (3) square feet 11 the pointing to the II may GORtain words House, sign fasee- - - ' r � - - r �' -2 •r - r - aw - W w i - .a ■w. - G - - - r• 926 4.'-=. 5. SAME. M E. Two (2) teFppeFary signs ef not to e*Geed a total of thiFty two (32� square feet -n aFea e-ar-.h, a PeFiO l Inng9F than nix (6) month. _ _ T-T. ' _ _ •_ - Miff - - - - - - "9250.2.4.2. TEMPORARY SIGNS. The following signs shall be permitted on a temporary basis only and in compliance with the applicable regulations outlined in this section. 9250.2.4.2.1. TEMPORARYREAL ESTATEAND DEVELOPER- CONTRACTOR SIGNS. A. Real Estate "For Sale, Lease, or Rent" Signs: 1. One (1) sign is allowed, t frontage - 2. Maximum allowable area is four (4) square feet ,plus a maximum of two 2 riders of no more than one 7 square foot each in area. The maximum allowable hei ht including the decorative post and arm shall not exceed three Q feet; provided however, that prior to Janua 1 2016 the maximum allowable height shall be six 6 feet. 3. Signs shall be placed on private property and shall not overhang onto public property. Signs shall only be allowed to be placed on public property within the public parkway when an existing hedge, fence, or wall in the front yard area completely obscures the visibility of the sign text when properly placed on private property as viewed from the street; in this case, the sign shall be allowed to be placed immediately adjacent to the hedge /walllfence within the public parkway provided it does not overhang onto a public sidewalk. 4. All real estate signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 5. Real estate signs shall be removed at end of the listing period or upon close of escrow. 6. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted B. Open House Signs: Directional arrow -type signs stating "Open House' 1. One (1) open house sign is permitted to be placed on or in front of the subject property, and up to three (3) off- -site signs may be placed 4 atlnear street intersections, but not more than one (1) sign per intersection. Z Each sign is limited to three (3) square feet in area and three (3) feet in height Such sign shall be limited to the words "Open House'; a directional arrow graphic; and the listing agent's name, company name, license number, and contact information. 3. Signs placed in the public right -of -way shall be restricted to the landscaped parkway area adjacent to a curb or sidewalk, and shall not be placed on sidewalks, in locations obstructing pedestrian walkways, within a street median, or elsewhere on public property. 4. Open House signs shall be displayed only between the hours of 8 a. 1 p.m. =and 6 p.m., except for caravan days when they may be displayed from 10 a.m. to 6 p.m., and shall be removed from public view promptly at the end of such period. 5. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. 6. These regulations shall also apply to single - family residential open house signs placed on or in front of properties zoned commercial, multiple - family, and/or mixed use. C. Developer - contractor signs: A temporary sign that states the name and contact information of the developer and contractors) working on the site and an related information concernin the subcontractors 61 engineering, architectural, or financial firms involved with an on- goin_q construction proiect. The „sign shall also include the name and contact information of the personlparty responsible for the project, the hours when construction is allowed and an ima e/renderin of the ro "ect bein constructed. 1. Only one (1) developer - contractor sign is permitted per property. 2. Each sign shall not exceed a maximum of 16 square feet in area and six (6) feet in height. 3. Signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed on private property and/or directly adjacent to approved construction fencing installed parallel to a public street. Signs shall not overhang or obstruct a public sidewalk, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 4. The developer - contractor sign shall be displayed for no more than one (1) year, and shall be removed in any event no later than final inspection approval issued by the City. No signs shall be installed until active construction has commenced at the subject property. 5. The design of the Developer- Contractor sign is subiect to review and approval by the Development Services Director, or designee. A Citv- R issued stamp of approval of the Developer- Contractor sign shall be affixed to the sign when displayed" SECTION 2. Subsection 9250.2.4.4 is hereby added to Section 9250.2.4 of Title 2 of Division 0 of Part 5 of Chapter 2 of Article IX and shall read as follows: "9250.2.4.4. Illegal Sign Removal and Penalties A. Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code. B. Removal of illegal signs from the public right -of -way. 9. The City may cause the immediate removal of any sign that has been illegally placed in the public right-of-way. 2. Signs removed in compliance with this Section shall be stored for 30 calendar days, during which time they may be recovered upon payment to the City of the administrative penalties for the illegally placed sign. 3. If not recovered within the 4530- calendar -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City at which time the City may dispose of the sign and supporting structure." SECTION 3: Section 9251.1.5 of Division 1, Part 5, Chapter 2 of Article Vi of the Arcadia Municipal Code and is hereby amended to read as follows: 7 The TEMPORARY f011OWiRg SigRS shall -dt+c9'NtJ: be OR a ternporaFy basis !GGated at least ten (10) feet fF()Fn adjGaRjng permm#ed only and tleastfive shall be roadway; PFOvided that, Wile-Fee aRy premises sidewalk and (5)feet#em exists, the leGation a paved feet fFc)rn the sidewalk in the direGtien of the shall be at least residence. if hedge three43) fFE)m beiRg !eE;ated as in this Division, a wall or pFeveRt&,i-sign the acqaGeRt tO pmvided the wall or hedge. No sign shall be sign may be plaGed immediately in location p!aE;ed a that inteFferes with thee nteFfeFe with 9251.1.6.2.1- or be Gonfused T-EMPGRARYSIGNSIFOR with any tFaffiG signal GFdeviGe. ADVERTISING PROPEPTY LEASE OR (a) One RENT. (1) sign not to eXGeed three FOR feet in height feur SALE, area-W fare fGr thee (3) of advertising nGF (4) squaFe feet the for 44 rent, purpose property sale, lease o (1) Sig R ROt eXGeediRgfc)ur (4) feet in f square area per faGe may be and of a design approved by the Community Development baRners ballOORS, Divi6iOR, f di6nlay are not "For f permifted Sale" sign, thFee (3) n 24") may smaller sign6 not to eXGeedSiX.iRGheS be to the attaGhed sigpWsign-suppo#.- . • N • - - - • •4 w - A � w' - • r w � r • � w - • - w Y .� .r • . w - • • - •Y �- • - - • a - �. • - . Y. •, - M, Mllei r,uGh signs shall be shown eR the buildipq plans and shall b– —rneved prior-to "9259.1.5.2 TEMPORARY SIGNS The following signs shall be permitted on a temporary basis only and in compliance with the applicable regulations outlined in this section. 9251.1.5.2.1. TEMPORARYREAL ESTATEAND DEVELOPER - CONTRACTOR SIGNS. A. Real Estate "For Sale, Lease, or Rent" Signs: 1. One (1) sign is allowed,— eRc ^ ^* f AAYI4AY Y1v��wai:wC ��.�� yA , �y �hyet f onta e w4! M4i !lVT 2. Maximum allowable area is four (4) square feet plus a maximum of two 2 riders of no more than one 9 square foot each in area. The maximum allowable hei ht including the decorative post and arm shall not exceed three 3 feet Provided however, that prior to January 9 2096 the maximum allowable height shall be six 6 feet. 3. Signs shall be placed on private property and shall not overhang onto public property. Signs shall only be allowed to be placed on public property within the public parkway when an existing hedge, fence, or wall in the front yard area completely obscures the visibility of the sign text when properly placed on private property as viewed from the street, in this case, the sign shall be allowed to be placed T] immediately adjacent to the hedge/wall /fence within the public parkway provided it does not overhang onto a public sidewalk. 4. All real estate signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 5. Real estate signs shall be removed at end of the listing period or upon close of escrow. & Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. B. Open House Signs: Directional arrow -type signs stating "Open House ". 1. One (1) open house sign is permitted to be placed on or in front of the subject property, and up to three (3) off -site signs may be placed at/near street intersections, but not more than one (1) sign per intersection. 2. Each sign is limited to three (3) square feet in area and three (3) feet in height. Such sign shall be limited to the words "Open House"; a directional arrow graphic; and the listing agent's name, company name, license number, and contact information. 3. Signs placed in the public right-of-way shall be restricted to the landscaped parkway area adjacent to a curb or sidewalk, and shall ?9 not be placed on sidewalks, in locations obstructing pedestrian walkways, within the street median, or elsewhere on public property. 4. Open House signs shall be displayed only between the hours of 1 .m. S-- a:nt.-and 6 p.m., except for caravan days when they may be displayed from 10 a.m. to 6 p.m., and shall be removed from public view promptly at the end of such period. 5. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted 6. These regulations shall also apply to single - family residential open house signs placed on or in front of properties zoned commercial, multiple - family, and/or mixed use. C. Developer- contractor signs: A temporary sign that states the name and contact information of the developer and contractor(s) working on the site and an related information concernin the subcontractors en-gineering, architectural or financial firms involved with an on-go construction project: The sign shall also include the name and contact information of the person1party responsible for the project, the hours when construction is allowed and an image /rendering of the proiect being constructed. 1. Only one (1) developer- contractor sign is permitted per property. 2. Each sign shall not exceed a maximum of 16 square feet in area and six (6) feet in height. 12 3. Signs shall be set back a minimum of 70 feet from adjoining properties, and shall be placed on private. property and /or directly adjacent to approved construction fencing installed parallel to a public street Signs shall not overhang or obstruct a public sidewalk, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 4. The developer - contractor sign shall be displayed for no more than one (9) year, and shall be removed in any event no later than final inspection approval issued by the City. No signs shall be installed until active construction has commenced at the subject property. 5. The design of the Developer - Contractor sign is subject to review and apgroval by the Development Services Director, or desi nee. A Ci issued stamp of approval of the Developer - Contractor sign shall be affixed to the sign when displayed." SECTION 4. Subsection 9251.1.5.2.3. is hereby added to Section 9251.1.5.2. of Title 1 of Division 1 of Part 5 of Chapter 2 of Article IX and shall read as follows: "9259.7.5.2.3. Illegal Sign Removal and Penalties A. Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code. B. Removal of illegal signs from the public right -of -way. 13 I. The City may cause the immediate removal of any sign that has been illegally placed in the public right -of -way. Z Signs removed in compliance with this Section shall be stored for 3045 calendar days, during which time they may be recovered upon payment to the City of the administrative penalties for the illegally placed sign. 3. If not recovered within the 3045- calendar -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City at which time the City may dispose of the sign and supporting structure. " SECTION 5. Section 9252.1.5 of Division 2 of Part 5 of Chapter 2 of Article VI of the Arcadia Municipal Code and is hereby amended to read as follows. 9262.1.5.2. TEMPORARY SIGN& 14 - - - ! -- _ - - W.T a - - - MCI r■ - - - - - �■ M - ■ ■ - - - - 14 � 1!R!•. 15 area per faGe fe-F the of advertising the foF rent, ex-Gept G()FReF purpose may have bAfo property sale, lease or lieu sign, one (1) 6mgA pFoperty Ret eXGeediR9,-, (2) SUGh four (4) feet Sign-S. in eVsuGh in squaFe area per faGe may be and of a design appFaved by the Community Development Division. banners balloons, Flags, dir,plays are Rot "For 1 peFmitted. 11 three (3) F smaller signs n 24") may be a#a-a-heal to not to eXGeed 6j)( iRGhes the (G) One (1) daFeGtOORal arrow type sign to sign GF Sign SUPPGFt. POmRtiRg to the pFemises not eXGeed sale, The for lease thFee (3) square feet (d) One (1) "Open Hou6e, dir-erfienal 11 aFrow or Fent. type sig, may rentamn the ssign 15 l�s�riLer.ra i.�..i.� "9252.9.5.2. TEMPORARY SIGNS The following signs shall be permitted on a temporary basis only and in compliance with the applicable regulations outlined in this section. 9252. ?'.5.2.9. TEMPORARY REAL ESTATE AND DEVELOPER- CONTRACTOR SIGNS. A. Real Estate "For Sale, Lease, or Rent" Signs: 9. One (1) sign is allowed, 16 w • ww •� •w lvr i _ w ! ILIALL, E Gil- w w ! i 12 l�s�riLer.ra i.�..i.� "9252.9.5.2. TEMPORARY SIGNS The following signs shall be permitted on a temporary basis only and in compliance with the applicable regulations outlined in this section. 9252. ?'.5.2.9. TEMPORARY REAL ESTATE AND DEVELOPER- CONTRACTOR SIGNS. A. Real Estate "For Sale, Lease, or Rent" Signs: 9. One (1) sign is allowed, 16 2. Maximum allowable area is four 4 square feet plus a maximum of two 2 riders of no more than one 9 square foot each in area. The maximum allowable height including the decorative post and arm shall not exceed three 3 feet; Provided however, that prior to Januaa 1, 2016 the maximum allowable height shall be six 6 feet. 3. Signs shall be placed on private property and shall not overhang onto public property. Signs shall only be allowed to be placed on public property within the public parkway when an existing hedge, fence, or wall in the front yard area completely obscures the visibility of the sign text when properly placed on private property as viewed from the street; in this case, the sign shall be allowed to be placed immediately adjacent to the hedge /wall /fence within the public parkway provided it does not overhang onto a public sidewalk. 4. All real estate signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 5. Real estate signs shall be removed at end of the listing period or upon close of escrow. 6. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. B. Open House Signs: Direction arrow -type signs stating `Open House' 17 1. One open house sign is permitted to be placed on or in front of the subject property, and up to three (3) off -site signs may be placed at/near street intersections, but not more than one (1) sign per intersection. 2. Each sign is limited to three (3) square feet in area and three (3) feet in height. Such sign shall be limited to the words "Open House "; a directional arrow graphic; and the listing agent's name, company name, license number, and contact information. 3. Signs placed in the public right -of -way shall be restricted to the landscaped parkway area adjacent to a curb or sidewalk, and shall not be placed on sidewalks, in locations obstructing pedestrian walkways, within the street median, or elsewhere on public property. 4. Open House signs shall be displayed only between the hours of 8-1 .m. a-.n?-.-and 6 p.m., except for caravan days when they may be displayed _from 10 a.m. to 6 p.m., and shall be removed from public view promptly at the end of such period. 5. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. 6. These regulations shall also apply to single- family residential open house signs placed on or in front of properties zoned commercial, multiple - family, and/or mixed use. im C. Developer - contractor signs: A temporary sign that states the name and contact information of the developer and contractors) working on the site and an related information concernin the subcontractors en-gineering, architectural or financial firms involved with an on! go construction proiect. The sign shall also include the name and contact information of the person1party responsible for the project, the hours when construction is allowed and an imagelrendering image/rendering of the proiect bein constructed. 1. Only one (1) developer - contractor sign is permitted per property. Z Each sign shall be a maximum of 16 square feet in area and six (6) feet in height. 3. Signs shall be set back a minimum of 10 feet from adjoining properties, and shall be placed on private property and/or directly adjacent to approved construction fencing installed parallel to a public street. Signs shall not overhang or obstruct a public sidewalk, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 4. The developer- contractor sign shall be displayed for no more than one (1) year, and shall be removed in any event no later than final inspection approval issued by the City. No signs shall be installed until active construction has commenced at the subject property. 19 5. The desi n of the Developer- Contractor si gn is sub "ect to review and gj2proval by the Development Services Director, or desi nee. A Ci - issued stamp, of approval of the Developer - Contractor sign shall be affixed to the sign when dis la ed." SECTION 6. Subsection 9252.1 .5.2.3. is hereby added to Section 9252.1.5.2. of Title 1 of Division 2 of Part 5 of Chapter 2 of Article IX and shall read as follows: "9252.1.5.2.3. Illegal Sign Removal and Penalties A. Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code. B. Removal of illegal signs from the public right-of-way. 1. The City may cause the immediate removal of any sign that has been illegally placed in the public right-of- -way. 2. Signs removed in compliance with this Section shall be stored for 45 30 calendar days, during which time they may be recovered upon payment to the City of the administrative penalties for the illegally placed sign. 3. If not recovered within the 3045- calendar -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City at which time the City may dispose of the sign and supporting structure." SECTION 7. Seuerability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to 20 unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 8. Effective Date. This Ordinance shall become effective upon the thirty -first (31st) day following its adoption by a majority vote of the City Council, SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31st) day after its adoption_ Passed, approved and adopted this ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 21 day of , 2015. Mayor of the City of Arcadia �� � GgL1FOR.yt9":1r 1000f QOC tcA Aug 1 5.1903 °�� °���y STAFF REPORT Development Services Department DATE: April 7, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director Jim Kasama, Community Development Administrator By: Tim Schwehr, Associate Planner SUBJECT: ORDINANCE NO. 2324 AMENDING PORTIONS OF ARTICLE IX, CHAPTER 2, PART 5 OF THE ARCADIA MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S SINGLE - FAMILY RESIDENTIAL REAL ESTATE SIGN AND DEVELOPER - CONTRACTOR SIGN REGULATIONS Recommendation: Introduce SUMMARY Ordinance No. 2324 has been drafted to amend the single - family residential real estate sign and temporary developer- contractor sign regulations. The proposed text amendments have been reviewed by the Arcadia Association of Realtors (AAR) and the Planning Commission. The AAR suggested certain revisions /additions, and the Commission recommended approval of staff's proposal subject to minor revisions to simplify the illegal signage penalties sections of the proposed regulations. These changes have been incorporated into the proposed ordinance. It is recommended that the City Council introduce Ordinance No. 2324 amending Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code pertaining to the City's Single - Family Residential Real Estate and Developer- Contractor sign regulations. BACKGROUND The proposed ordinance is to address the increase in the number of open house signs, their improper placement, and the unauthorized attachment of flags, pennants, and other items to draw attention to a site due to the highly active local real estate market. The sign regulations were last updated in 1991. Real estate signs consist of "For Sale" type signs posted in front yards and typically displayed on a post and arm, and "Open House" directional signs posted at the property and at intersections. Developer - Contractor signs are those posted on the premises during construction to display the name and contact information of the developer, contractors, and engineering, architectural, or financial firms involved with the project. A survey of temporary real estate sign and developer- contractor sign regulations for other cities in the vicinity of Arcadia was conducted by staff prior to drafting these regulations. A matrix showing the results of this survey is attached. Most neighboring Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 2 of 8 cities allow one or two real estate "For Sale" signs ranging from three to six feet in height, and four to eight square feet in area, but most of the cities do not have regulations that address the smaller "rider" signs typically placed beneath the main real estate sign. The few cities that do regulate the number of riders limit them to a maximum of either two or three signs with a maximum area of one square -foot each. "Open house" sign regulations vary from not being addressed and therefore technically not allowed in some cities, to allowing up to five such signs to be placed on -site and /or near street intersections. The cities that do regulate open house signs restrict the size of the signs to between two and eight square feet in area, and three to four feet in height, and prohibit the placement of these signs in the public right -of -way. Developer - contractor sign regulations vary from allowing one, six square -foot sign to allowing multiple signs up to a combined total of 32 square -feet in area. Cities that restrict the height of developer- contractor signs typically limit them to six feet in height. DISCUSSION Real Estate "For Sale. Lease. or Rent" Sians The City's zoning regulations for the three Single - Family Residential Zones (R -M, R -0, & R -1) currently allow one real estate sign advertising a property for sale, lease, or rent (hereafter referred to as "For Sale" signs) per street frontage. "For Sale" signs are currently limited to four square -feet in area and six feet in height, and up to three smaller signs (commonly called "riders ") are allowed beneath the primary sign, up to one square -foot in area each. The proposed text amendment maintains the existing limitation of one sign per street frontage (e.g., corner properties can have up to two signs) and the existing size limitations of four square feet for the primary sign and one square -foot for each rider. The proposed changes are as follows: a. Reduce the number of riders from three to two. b. Require all "For Sale" signs to be placed on private property and not overhang public property. Currently, these signs are permitted to be placed in the public parkway, provided they are setback a minimum of five feet from the street and three feet back from a sidewalk. An exception allowing these signs to be placed in the public right -of -way is included for only when an existing front yard hedge, wall, or fence blocks visibility of the sign if placed on private property. For example, several lots along W. Foothill Boulevard would need this exception. The proposed text for real estate "For Sale" signs reads as follows: A. Real Estate "For Sale, Lease, or Rent" Signs: 1. One (1) sign is allowed, except for corner properties that may have two (2) such signs — one (1) per street frontage. Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 3 of 8 2. Maximum allowable area is four (4) square feet plus a maximum of two (2) riders of no more than one (1) square foot each in area. The maximum allowable height including the decorative post and arm shall not exceed six (6) feet. 3. Signs shall be placed on private property and shall not overhang onto public property. Signs shall only be allowed to be placed on public property within the public parkway when an existing hedge, fence, or wall in the front yard area completely obscures the visibility of the sign text when properly placed on private property as viewed from the street; in this case, the sign shall be allowed to be placed immediately adjacent to the hedge /wall /fence within the public parkway provided it does not overhang onto a public sidewalk. 4. All real estate signs shall be setback a minimum of 10 feet from adjoining properties, and shall be placed in a location that does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 5. Real estate signs shall be removed at the end of the listing period or upon close of escrow. 6. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. Another change the City Council may wish to consider is revising the maximum allowable height of these signs. The current and proposed six -foot height restriction is consistent with many municipalities. However, some cities (e.g., Pasadena, and San Marino) limit the height to three or four feet based on improved esthetics. Real Estate "Open House" Signs The City's zoning regulations for the three Single - Family Residential Zones (R -M, R -0, & R -1) currently allow up to two "Open House" signs, each a maximum of three square feet in area. One open house sign may be placed in the front yard or parkway in front of the subject property, and one in the public parkway at or near a street intersection. Signs placed in the public parkway are required to be setback a minimum of five feet from the street curb, and three feet behind a sidewalk in the direction of a residence. The proposed text amendment maintains the existing allowable height and size restrictions for open house signs, three square -feet in area and three feet in height. The proposed changes are as follows: Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 4 of 8 • Increase the total allowable number of open house signs from two signs to four signs. This will allow one sign to be placed on the premises, and up to three signs to be placed off -site in the landscaped parkway area at or near an intersection. The ordinance proposes to increase the number of allowable signs in an attempt to create reasonable and enforceable regulations. Regulations in surrounding cities either do not allow any off -site open house signs, or do not have regulations that address these signs so that they technically are not allowed. In following up with the other cities, the general response from cities without regulations was that they, "look the other way," on enforcement unless there is a particular complaint, or "things get out of hand." The cities with regulations allow four or five open house signs. This type of regulation is consistent with established real estate practice of placing one sign on the subject property, and additional sign(s) at intersections to direct traffic to the subject property. The proposed ordinance falls into the latter category regarding open house sign regulations. • Eliminate the requirement for a five -foot setback from the street and three -foot setback from a sidewalk. The current setback requirements were written to apply to all temporary residential signs; For Sale signs, Developer- Contractor signs, and Open House signs. The proposed ordinance imposes a stricter setback for both For Sale signs and Developer- Contractor signs. For open house signs, staff does not see a need for having a setback requirement. Rather than a setback requirement, the proposed ordinance prohibits them from being placed on sidewalks or walkways. The proposed text for real estate "Open House" signs reads as follows: B. Open House Signs: Directional arrow -type signs stating "Open House" 1. One (1) open house sign is permitted to be placed on or in front of the subject property, and up to three (3) off -site signs may be placed at/near street intersections, but not more than one (1) sign per intersection. 2. Each sign is limited to three (3) square feet in area and three (3) feet in height. Such sign shall be limited to the words "Open House'; a directional arrow graphic, and the listing agent's name, company name, license number, and contact information. 3. Signs placed in the public right -of -way shall be restricted to the landscaped parkway area adjacent to a curb or sidewalk, and shall not be placed on sidewalks, in locations obstructing pedestrian walkways, within a street median, or elsewhere on public property. Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 5 of 8 4. Open House signs shall be displayed only between the hours of 8:00 a.m. and 6:00 p.m., and shall be removed from public view promptly at the end of such period. 5. Flags, banners, pennants, balloons, streamers, and similar attention attracting displays are not permitted. 6. These regulations shall also apply to single- family residential open house signs placed on or in front of properties zoned commercial, multiple- family, and /or mixed use. Developer- Contractor Signs The City's zoning regulations for the three Single - Family Residential Zones (R -M, R -0, & R -1) currently allow up to six developer- contractor signs of up to four square -feet in area each to be posted on the premises during active periods of construction. The proposed text amendment would revise the regulations to allow only one developer - contractor sign, and limit the size of each sign to not more than 16 square feet in area and six feet in height. The proposed regulations would also limit the display period of developer- contractor signs to one year or upon final inspection if the job is finished sooner. Developer- contractor signs would be required to be placed on private property and /or directly adjacent to or affixed to an approved construction fence. The current requirements allow for placement in the public right -of -way with a five -foot setback from the street and a three -foot setback from any sidewalk. The proposed text for developer- contractor signs reads as follows: C. Developer- contractor signs: A temporary sign that states the name and contact information of the developer and contractor(s) working on the site and any related engineering, architectural, or financial firms involved with an on -going construction project. 1. Only one (1) developer - contractor sign is permitted per property. 2. Each sign shall not exceed a maximum of 16 square feet in area and six (6) feet in height. 3. Signs shall be setback a minimum of 10 feet from adjoining properties, and shall be placed on private property and /or directly adjacent to approved construction fencing installed parallel to a public street. Signs shall not overhang or obstruct a public sidewalk, and shall be placed in a location that Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 6 of 8 does not interfere with vehicular visibility at intersections or driveways per the standards on file with Planning Services. 4. The developer- contractor sign shall be displayed for no more than one (1) year, and shall be removed in any event no later than final inspection approval issued by the City. No signs shall be installed until active construction has commenced at the subject property. Illeaal Sian Removal Reaulations To help facilitate staff's removal of illegally- placed temporary signs, the proposed ordinance adds language to the R -M, R -0, and R -1 zoning regulations to clearly state a removal and penalty process. There is currently no such text in the zoning regulations. The proposed text reads as follows: Illegal Sign Removal and Penalties: A. Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code. B. Removal of illegal signs from the public right -of -way 1. The City may cause the immediate removal of any sign that has been illegally placed in the public right -of -way. 2. Signs removed in compliance with this Section shall be stored for 45 calendar days, during which time they may be recovered upon payment to the City of the administrative penalties for the illegally placed sign. 3. If not recovered within the 45- calendar -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City at which time the City may dispose of the sign and supporting structure. Arcadia Association of Realtors Review & Recommendation A copy of the draft regulations was sent to the Arcadia Association of Realtors (AAR) prior to the March 10, 2015, Planning Commission Meeting. In response, the AAR suggested two minor changes to the draft regulations. First, the AAR asked that additional text besides the words "Open House" be allowed in order to comply with the State of California Bureau of Real Estate requirement that a broker's name, license number, and contact information be included on these signs. Staff has incorporated this change into the proposed ordinance. Second, the AAR asked for an exception to allow "For Sale" signs to be placed within the public parkway when an existing front yard hedge, wall, or fence blocks visibility of the sign if placed on private property. This exception has been added to the proposed ordinance. Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 7 of 8 Planning Commission Review & Recommendation The Planning Commission held a public hearing to consider the proposed text amendments at their March 10, 2015, regular meeting. The primary questions and deliberation by the Commission involved the proposed text for penalties and removal of illegally- placed real estate signs. Staff's draft proposal to the Planning Commission included language imposing payment of removal and storage costs on the subject property owner, as well as a provision that would allow the City to impose a tax lien against properties in violation of the proposed real estate sign regulations. These provisions are similar to language within the City of Pasadena's Municipal Code. The Planning Commission expressed concern about the effectiveness of imposing a tax lien, since the lien process can be time consuming and the property will probably have been sold prior to the lien taking effect. The Planning Commission also opined that imposing a fixed fine rather than "recovery and storage costs" would be a more effective and easily enforceable deterrent to illegally- placed signs. Staff is in agreement with the Planning Commission's direction on this matter and the proposed text regarding illegal sign removal and penalties has been revised to reflect the Commission's recommendations. The penalties section of the proposed ordinance will subject illegal sign placement to fines in accordance with the administrative remedies of the Municipal Code. Currently, the Municipal Code stipulates fines of $100 for the first offense, $200 for the second offense, and $500 for every subsequent offense. The Commission voted 5 -0 to recommend to the City Council approval of the proposed text amendments with the noted changes. ENVIRONMENTAL IMPACT The proposed Ordinance qualifies for an exemption from the California Environmental Quality Act ( "CEQA ") per Section 15061(b)(3) of the CEQA Guidelines because it is a project that does not have a potential for causing a significant effect on the environment. A Preliminary Exemption Assessment is attached. PUBLIC NOTICE /COMMENTS The Public Hearing Notice for Ordinance No. 2324 was published in the Arcadia Weekly on March 26, 2015. As of April 1, 2015, no comments were received in response to the public hearing notice. FISCAL IMPACT Ordinance No. 2324 will have minimal fiscal impact. The revised regulations are not anticipated to require additional staff time or overhead to process. Fines issued for illegally- placed signs will continue to offset enforcement costs. Real Estate and Developer- Contractor Signs Ordinance April 7, 2015 Page 8 of 8 RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2324 amending portions of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in order to update the City's Single - Family Residential Real Estate sign and Developer- Contractor sign regulations. Approved Dominic Lazzar City Manager Attachments: Ordinance No. 2324 City Survey Matrix Preliminary Exemption Assessment City Real Estate Real Estate Developer- Contractor "For Sale" Signs "Open House" Signs Signs Arcadia (Current) One per street frontage, 4 sq. ft. 2 signs — one at property and one 6 signs, 4 square -feet in area per in area, 6' tall. Max 3 riders 1 sq. off -site at /near an intersection. 3 sign. 5' setback from curb and 3' ft. in area. Min. 5' setback from sq. ft. in area, 3 feet in height. Min. from sidewalk. curb and 3' from sidewalk. 5' setback from curb and 3' from sidewalk. Arcadia (Proposed) One per street frontage (2 max), 4 4 signs — one at property and three 1 sign, 16 sq. ft. in area, 6' in sq. ft. in area, 6' tall. Max 2 riders off -site at /near an intersection. 3 height. Private property and /or 1 sq. ft. in area. Private property sq. ft. in area, 3 feet in height. Ok directly adjacent to approved only (except when tall hedge or in public parkway, but not allowed construction fencing. wall is present). on a sidewalk. Chino Hills One sign, 6 sq. ft., 4 -feet in No regulations. Not allowed. 32 sq. feet and 6 feet in height. height. Requires approval of a Temporary Use Permit. Diamond Bar One sign per street frontage. 4 4 "open house" signs not One sign per street frontage, not sq. ft. in area, 6 feet tall. exceeding 2 sq. ft. in area to exceed 20 sq. ft. and 6 feet in Location: Not allowed on public height. property. Duarte One sign, max 6 sq. ft. A One sign per change in direction 6 square -feet max sign area, and 6 maximum of 3 riders allowed. up to a max of 5 open house signs. feet max height. Must be setback Must be setback 5 feet from right Max 6 square feet of sign area (per a min. of 5 feet from public of way and outside of driver sign). Not allowed on public property or attached directly to visibility areas. property. construction fencing. El Monte One sign, max 8 sq. ft. in area. Six square feet in area, and 4 feet No regulations that address these in height. Not on public property. signs. Monrovia 2 signs, max 6 square feet per None. Technically not allowed. 1 sign, Max 12 square feet in area sign per sign face. Pasadena 1 sign per street frontage, max 3 No regulations. Technically not 1 per street frontage. Max 16 square feet in area and 4 feet in allowed. square per sign, and no more than height. Max 2 riders per sign, 25 square -feet cumulative. max 1 sq. ft. per rider. Private Outside driver visibility areas. property only. Rancho Cucamonga 1 sign, 4 square feet and 5 feet in 4 signs, each sign not to exceed 8 132 square foot sign, max 8 feet in height. Outside of visibility areas. square feet and 3.5 feet in height. height, setback minimum of 10 Minimum of 20 feet from other feet from front property line and real estate signs. Not allowed on outside of visibility areas. public property or within visibility areas San Marino 1 sign, 3.3 sq. ft. in area. Width of No formal regulations. Not No regulations. Not allowed. no greater than 28 ". Height max allowed. 36" above grade. Sierra Madre 1 sign, max 6 sq. ft. in area. No formal regulations. Not One sign, max 32 square -feet allowed on public property. South Pasadena 1 sign, 6 square feet in area, max No formal regulations. Not Technically not allowed but 4 feet in height. allowed on public property. informally allow max 32 square feet. Temple City Must be on subject lot. No other No formal regulations. Not Max 32 square feet per sign, and regulations. allowed on public property. no freestanding sign in excess of 12 feet in height. Walnut One sign, max 6 sq. ft. and 6 feet One open house sign, max 2 sq. ft. No regulations. in height. Information limited to: and 3 feet in height. Private a) property for sale, b) owner's or property only. agent's name, c) owner or agent's address and telephone # From: Kirk Olsen [mailto:kwolsen sbc lobal.net] Sent: Thursday, April 09, 2015 11:30 AM To: City Council Email; Dominic Lazzaretto Subject: Arcadia Resident Feedback on Ordinance 2324 To Arcadia City Council and Mr Lazzaretto- In regards to your discussion of proposed Ordinance 2324 at the City Council meeting on April 7, 2015,1 ask that you follow the recommendation of fellow Council Member Beck and change the ordinance to not allow any subcontractor signs on the typical green mesh/netting that is commonly used on construction property. As Mr. Beck mentioned, why should the city provide free advertising to these subcontractors, while in return the residents get to look at the eyesores that the signs create ? With the incredibly high amount of homes being demolished and rebuilt in Arcadia, the signs have littered our city, as evident in the attached photo taken at 925 Second Ave on 4/9/2015 that shows 10 such contractor signs. The benefit of these signs is certainly questionable. There is no proof the advertising brings the subcontractors work. In addition, I've heard no argument from any subcontractor to keep the signs. Developers select building materials and various trades (electrical, plumbing, etc) based on who they routinely use, not by other contractor signs they may have noticed on other projects. I ask that you also forgo with the staff idea of having one 4 ft by 4 R sign where all the smaller signs would be attached. I ask that you eliminate these eyesores and change the ordinance to ban all construction signs within the city. Thank you, Kirk Olsen 1209 Greenfield Ave Arcadia, CA 91006 818 640 -8479 ,.,,s- From: Andrew Cooper [mai Ito: andrew@theaar.com] Sent: Thursday, April 16, 2015 1:37 AM To: Tim Schwehr Subject: RE: Real Estate & Contractor Sign Ordinance Hi Tim, Thanks for the opportunity. The Arcadia Association of Realtors is concerned of the following: • The time limit of the open house signs. Many open houses start at 1:00pm which means signs will need to be placed well before the start time of 1:00pm. • The proposed post height reduction. We feel this is an unnecessary burden on Realtors and Brokers. The Council's goal is to reduce "clutter" which is admirable and well - intentioned however this proposal will cause an additional issue the Council may not have considered. The city will now have 2 different sizes of real estate signs within the city because we wont be able to educate and inform all offices listing homes in Arcadia. The ending result will now create "inconsistant clutter" for the Council . Code Enforcement officers should be prioritizing health and safety issues and not real estate signs. Thank you for this opportunity to voice this Association's stance. Thanks, Andrew Chief Executive Officer, CIPS Arcadia Association of REALTORS 626.446.2115 AndrewATheAAR.com www.ThcAAR.com From: irene daly [ mailto :irene.dalyCcbdilbeck.com] Sent: Sunday, April 26, 2015 5:56 PM To: Dominic Lazzaretto Subject: For Sale Signs - Height and Open House Hours .9p8m, Mr. Dominic Lazzaretto City Manager Dear Mr. Lazzaretto: The proposed reduction of the For Sale sign post height from 6 feet to 3 feet is not practical for many properties that have fences and hedges /plants. Also, parked cars in front of the property can block the For Sale signs. This problem occurs with our Open House tent signs on properties. With the security problems and lack of privacy today, many owners prefer to have fences and landscaping near their boundary lines. Reducing the height of the For Sale sign post will most likely affect these owners in a negative way when they decide to sell their homes. Buyers drive through the neighborhoods where they would like to live. The "For Sale" sign is extremely important to attract buyers. The Flyer I saw addressed the Open House hours. "Times Allowed to be 1:00 PM to 6:00 PM." Is this for both Saturdays and Sundays, since real estate agents regularly hold open houses on both days of the weekend? Caravan Days 10:00 AM to 1:00 PM. The Arcadia Association of Realtors holds their Brokers' Caravans on Wednesdays from 10:00 AM to 1:00 PM; however, the Pasadena Association of Realtors holds their Brokers' Caravans on Thursdays, from 10:00 AM to 2:00 PM. It is a common practice to hold a property open both days to make it convenient for more agents to see the property. Many agents have to hold their own listings open on one day, so they can see the property the other day. The more exposure the property gets, the more the Seller benefits. I would appreciate your clarifying what exactly the proposed changes are and notifying the Arcadia City Council of my concerns. Please advise if you have any questions. Thank you very much. Best regards, Irene Daly Dilbeck Real Estate 626- 827 -3647 A ��.1POgryf PRELIMINARY EXEMPTION ASSESSMENT 0 (Certificate of Determination When Attached to Notice of Exemption) �doelrs of µN a 1. Name or description of project: Text Amendment TA 15 -02 to revise the City's real estate sign regulations and developer- contractor sign regulations 2. Project Location — Identify street Citywide address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. City of Arcadia — Development Services Department project: B. Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑■ The project is otherwise Per Section 15061(b)(3) of the CEQA Guidelines, exempt on the following basis: this project does not have a potential for causing a significant effect on the environment. h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 11, 2015 Staff: Tim Schwehr, Associate Planner FORM "A" — Preliminary Exemption Assessment