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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 stFðrq&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
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UndeFeaGh
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may
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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-
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926 4.'-=. 5. SAME.
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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.
_
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"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
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shall be at least
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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
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of advertising
nGF (4) squaFe feet
the for
44
rent,
purpose
property sale, lease
o
(1) Sig
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f
square area per faGe may
be
and
of a design
approved
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Development
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f
di6nlay
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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
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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
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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
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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
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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)
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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
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"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
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PRELIMINARY EXEMPTION ASSESSMENT
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(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