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HomeMy WebLinkAboutTC Agd Pkt 2008-09-17 (3) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting September 17, 2008 Agenda Item: /11-- / STAFF REP()RT To: Mayor & Members of the Town Council From: Community Development Department Office of the Town Attorney Subject: Sign Ordinance---Consider Repeal and Adoption of a New Chapter 16A of the Tiburon Municipal Code Regulating Signs, Introduction and First Reading; and Adoption of a Resolution Approving a Policy for Signs on Town Property and on the Public Right-of-Way ~. Reviewed By: BACKGROUND The Town of Tiburon's current sign regulations, codified as Chapter 16A of the Municipal Code, date from 1992. Much has changed in the legal framework of sign regulation in the past 16 years and the time has come to undertake a comprehensive update of the Town's sign regulations. Due to the complex, highly litigious and specialized nature of sign law, the Town retained Randal Morrison, with the San Diego law firm of Sabine & Morrison, as outside legal counsel to assist with the drafting of the ordinance and an accompanying policy resolution regarding signs on Town Property and public right-of-way. Mr. Morrison is a nationally-recognized sign law expert and he will be present at the Council meeting. ANAL YSIS Evolving Legal Framework Over the years, a series of federal and state court decisions have expanded our understanding of the constitutional constraints on sign regulation. The courts continue to make a distinction between commercial speech - regular advertising; "debate in the marketplace of goods and services" - and "non-commercial speech" - debate in the marketplace of ideas, typically religion and politics. The two most important rules for regulating signs on private property are: 1) the government may not favor commercial speech over non-commercial speech; and 2) the government may not favor one type of non-commercial speech, such as "labor protest," over another, such as "election signs." It is all too easy to violate one or both of these rules inadvertently. Tmvn Council Meeting September ]7, 200S When reviewing sign regulations, most judges want to see rules that are "narrow, objective. and do not turn on message content." Discretion is permissible so long as it is exercised as to structural and location rules, such as size, height, set back, illumination, spacing, and physical methods of presenting the image (neon, glow letters, etc.) When planning discretion is allowed. judges want to see specific factors (not including message content or graphic design) listed in the ordinance. There has been much litigation in recent years over the degree of planning discretion which is permissible. The proposed new sign ordinance has been drafted to avoid the problems identified in recent court decisions. All of these factors, especially the limits on decision maker discretion, have contributed to a draft sign ordinance that is much longer and more detailed than its predecessors. For the same reasons, we have found it simpler and legally more prudent to prohibit certain physical sign types and sign accessories rather than allowing conditional approval subject to some form of discretionary review. Tiburon's Downtown property owners and merchants have a long-standing tradition of sensitivity to maintaining the small town village character by providing and maintaining attractive, tasteful signage. The continuation of that fine tradition becomes even more critical as local discretion over aesthetic issues of sign regulation decreases. Comprehensive Re-write The draft ordinance (Exhibit 1) constitutes a comprehensive re-write of the Town's sign regulations, making a detailed description of the amendments infeasible for the purposes of this report. Instead, staff provides below a synopsis of the similarities and differences between the current and proposed sign ordinances. What Stays the Same? a. The application process is similar but with more staff-level approvals anticipated and fewer applications referred to the Board. Staff would create new application forms and handouts b. Sign square footage allowed is still based on the same formula (1 sq. ft of signage per each 4 linear ft. of building frontage) c. Non-conforming signs may still be maintained; except that non-conforming sign reconstruction is now allowable if a building is listed on the Town's historic inventory, and except most that non-conforming portable signs must be removed within 5 years following adoption of the ordinance What Changes? a. There are many more and detailed definitions and procedures. For example, the definition of "sign" is an entire page long, mostly detailing what is not considered a sign under current legal interpretations b. The ordinance adds a Basic Policies Section to clarify the context of the regulations; this section functions as the "basic law" or "little constitution" for the sign ordinance T O\\'N OF TIEl TRON Page 2 of 5 Town Council Meeting September ]7. 200S c. The ordinance adds a message substitution provision to protect against claims of message discrimination. This says to any owner of any legal sign "if you want to change the message on the sign to any kind of non-commercial message, you may do so, without any further permitting." d. The ordinance adds a Billboard Policy and definition. The policy bans the construction of new billboards. e. The ordinance more heavily encourages Sign Programs for multi-tenant buildings/parcels f. Sign regulation is generally set forth by type of use (e.g. residential versus non- residential use) g. The ordinance prohibits more physical types of signs (see below) Newly-Prohibited Signs a. On-site portable (A-frame, H-frame, I-frame, i.e. sandwich-board) signs b. Off-site portable signs (except for temporary purposes during specified days and hours in locations outside of the Downtown area, for purposes such as open house realty-type signs, garage sales, wedding receptions, etc.) c. Internally illuminated signs (where light passes through the face of the sign; incl uding internally-illuminated box -type signs) d. Electronic (LCD, LED, video, digital, etc.) signs e. Florescent paint or florescent material signs Amelioration Efforts Due to the length and complexity of the proposed ordinance, staff intends to provide several new tools to help ease the transition and make the complex sign regulations .more user-friendly. These incl ude: a. More and better sign permit-related handouts b. Simple to fill out application forms c. Faster processing times for sign applications that do not require "exceptions" d. More staff-level approvals of sign permit applications e. Free staff site visit and/or consultation upon request before filing for complicated sites or situations For comparison purposes, the current sign ordinance is attached as Exhibit 3. Signs on Tow;1 Property and Public Right-of-Way As compared to regulating signs on private property, the constitutional rules are considerably different when the Town is setting policies for private party use of its own properties (and public right of way, even if technically owned by a private party). The Town currently has an administrative policy; it requires a comprehensive re-write based on evolving legal principles and case law. The proposed re-write is attached as Exhibit 2. The policy resolution substantially limits placement of signs on Town Property (other than by the Town), and establishes the Blackie's Pasture and Blackfield Drive changeable copy signs, and the Banner occasionally strung over Main Street, as permissible areas for community event signage under specific criteria TO\\'N OF TIEl TRON Page 3 of 5 Town Council Meeting September]7,200S and permit control of the Town. With the exception of temporary event signs limited to specific days and hours, use of any Town Property or Town-controlled right-of-way is prohibited. This is consistent with current Town policy and practice. For comparison purposes. the current policy on public signs is attached as Exhibit 4. DESIGN REVIEW BOARD COMMENTS The Design Review Board reviewed a draft of the Sign Ordinance update on June 16, 2008. The minutes of that meeting are attached as Exhibit 5. BUSINESS COMMUNITY REVIEW On June 4, 2008, Staff made a presentation to the Tiburon Peninsula Chamber of Commerce Board of DirectorS regarding the sign ordinance and a draft was made available for review at that time. The Town Manager has continued to provide periodic updates to the Board regarding the sign ordinance, including certain changes to the draft provisions in response to concerns expressed by the Chamber Board. ENVIRONMENT AL DETERMINATION Staff has preliminarily determined that the proposed sign policy and sign ordinance amendments have no potential to result in adverse impacts on the environment, and are therefore exempt from the requirements ofCEQA pursuant to Section 15061 [b(3)] of the CEQA Guidelines. FISCAL IMPACT Staff anticipates no direct fiscal impact from adoption of the updated sign regulations. STAFF RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on the item. 2. Introduce and hold first reading of the Ordinance (Exhibit 1) by moving to read by title only, passing the motion, and holding a roll call vote following reading of the title. 3. Continue the item to the meeting of October 1, 2008 for second reading of the ordinance and consideration of adoption of the Resolution regulating signs on Town Property and Right-of-Way (Exhibit 2). TO\\'N OF TIEl TRON Page 4 of 5 Town Council Meeting Septemberl7.200S EXHIBITS Prepared by: 1. Draft Sign Ordinance 2. Draft Resolution Regulating Signs on Town Property and Right-of Way 3. Current Sign Ordinance 4. Current Policy for Signs on Town Property 5. Design Review Board Minutes of June 16,2008 Scott Anderson, Director of Community Development~ Ann Danforth, Town Attorney /~ S:\AdministrationlTown CouncillStaff Reports\2008lSeptember 17 DRAFTSIsign ordinance update report. doc TOv\'N OF TIEl TRON Page 5 of 5 Town of Tiburon Sign Ordinance Chapter 16A Tiburon Municipal Code Public Review Draft August 28, 2008 EXHIBIT NO. I TABLE OF CONTENTS Chapter 16A - Signs Article I Introduction 16A.100 Title 16A.105 Authority 16A.110 Purpose 16A.115 Regulatory Scope Article II Basic Policies 16A.200 Scope 16A.205 Permit Generally Required 16A.210 Message Substitution 16A.215 Enforcement 16A.220 Interpretation 16A.225 On-Site/Off-Site Distinction 16A.230 Billboard Policy 16A.235 Non-Communicative Aspects 16A.240 Discretionary Approvals 16A.245 Mixed Uses or Overlay Districts 16A.250 Legal Nature of Sign Rights 16A.255 Owner's Consent 16A.260 Prospective Regulation 16A.265 Severance Article III De:fmitions 16A.300 Scope 16A.305 Definitions Article IV Applicability and Interpretation 16A.400 Compliance as of Effective Date of this Chapter 16A.405 Compliance with Applicable Laws, Rules, and Regulations 16A.410 Requirements for Associated Town Permits and Approvals 16A.415 Automated Teller Machines (ATM's) 16A.420 Interpretation of Provisions of this Chapter Article V Sign Application and Permit Procedures 16A.500 Sign Permit Generally Required 16A.505 Application and Completeness Review 16A.510 Review Authority 16A.515 Criteria for Approval of Sign Permit Applications; Conditions 16A.520 Exceptions (Major and Minor) 16A.525 Sign Programs 16A.530 Permits Issued in Error; Revocation or Cancellation 2 16A.535 16A.540 Processing and Noticing Requirements Expiration of Sign Permits Article VI General Sign Provisions 16A.600 Compliance Required 16A.605 Types of Signs 16A.610 Sign Area: Computation/Determination of Permitted Sign Area 16A.615 Location, Placement and Safety Rules 16A.620 General Design Principles 16A.625 Illumination Standards Article VII Sign Standards 16A.700 Regulation by Use 16A.705 Allowance - Number of Signs Permitted 16A.710 Signs on Residential Uses 16A.715 Signs on Public Right of Way and Signs on Town Property 16A.720 Signs on Non-Residential Uses 16A.725 Other Non-Residential Use Signs Article VIII Temporary Signs, Prohibited Signs, and Exempt Signs 16A.800 Temporary Signs 16A.805 Prohibited Signs 16A.810 Exempt Signs 16A.815 Nonconforming Signs, in General Article IX Violations and Enforcement 16A.900 Violations Unlawful 16A.905 Violations an Infraction 16A.910 Nuisance and Abatement 3 Article I Introduction 16A.I00 Title. This Chapter shall be known as the Sign Ordinance of the Town of Tiburon. 16A.I05 Authority. This Chapter is adopted pursuant to California Government Code sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq. and 5490 et seq.; Civil Code section 713; and other applicable state laws. 16A.I10 Purpose. The provisions of this Chapter shall regulate the location, size, type and number of signs allowed [this includes both signs subject to a permit and those exempt from a permit requirement] within the Town of Tiburon, and guide the design, aesthetics, materials, and illumination of signs within the Town of Tiburon. The purposes of this Chapter are: (a) To safeguard and enhance property values. (b) To protect the public and private investment In buildings, improvements and open spaces. (c) To preserve and improve the visual appearance and aesthetics of the Town as a place to live and work and as a desirable destination for visitors and tourists. (d) To encourage sound signage practices as a means to aid existing and new establishments and provide information to the public. ( e) To ensure the preservation of freedom of speech. (f) To preserve and promote vehicular and pedestrian safety. (g) To protect the public health, safety and general welfare of the community at large. (h) To promote and implement the goals, policies and programs of the Tiburon General Plan. 16A.115 Regulatory Scope. (a) This Chapter regulates all signs that may be erected, installed, maintained, or displayed on private property and other property, not including Town Property or public rights of way, which is located within the limits of the Town of Tiburon. (b) Signs on the public right of way and signs on Town Property are regulated by Town Council Resolution No. _, or the most current successor thereto. 4 Article II Basic Policies 16A.200 Scope. The policies, rules and regulations stated in this article apply to all signs within the regulatory scope of this Chapter and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. 16A.205 Permit Generally Required. Only signs authorized by this Chapter may be built, displayed, erected or maintained within the Town. All signs are subject to a permit requirement, unless expressly exempted. Signs exempted from the permit requirement still must satisfy all applicable laws, rules and regulations, including but not limited to building code, electrical code, and grading permits. 16A.210 Message Substitution. Subject to the property owner's consent, a non-commercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. Message substitution is a continuing right, and may be exercised any number of times. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. In addition, anyon-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is legal without consideration of message content. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message. In each instance and under the same conditions to which this Chapter pertains, any sign, a sign containing an ideological, political, or other non- commercial message shall be permitted, to the same physical dimensions and character as a commercial message sign in the same location. Il1A.215 Enforcement. The Director of Community Development is authorized and directed to enforce and administer the provisions of this Chapter. 16A.220 Interpretation. Interpretations of this Chapter shall be made initially by the Director of Community Development. Said interpretations shall be subject to appeal provisions as set forth in Section 16A.420. All interpretations of this Chapter are to be exercised in light of the message substitution policy and the purposes of this Chapter. Where a particular type 5 of sign is erected, displayed or proposed, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the Zoning Ordinance or the Building Regulations of the Town, then the Director of Community Development shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter, in light of the policies stated in this Chapter. 16A.225 On-Site / Off-Site Distinction. Within this Chapter, the distinction between on-site (also known as "on-premise" or "point-of-sale") and off-site (or off-premise or non-point-of-sale) applies only to commercial speech messages. 16A.230 Billboard Policy. Billboards, as defined herein, are prohibited. The Town completely prohibits the construction, erection, installation or use of billboards. No permit shall be issued for any billboard that violates this policy, and the Town will take immediate enforcement or abatement action against any billboard constructed or maintained in violation of this policy. In adopting this provision, the Town Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The Town Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. 16A.235 Non-Communicative Aspects. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. 16A.240 Discretionary Approvals. Whenever any sign permit, exception, variance, conditional use permit, Sign Program, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc. Graphic design may be evaluated only for compliance with a Sign Program, and then only as to commercial messages. 16A.245 Mixed Uses or Overlay Districts. Wherever both residential and non-residential uses are allowed on the same parcel, the sign-related rights and responsibilities applicable to that parcel or land use shall be determined as follows: residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and non-residential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or other discretionary process. 6 16A.250 Legal Nature of Sign Rights. As to all signs attached to real property, the sign age rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter or other applicable law), or the ownership of sign structures. This provision does not apply to hand-held signs, portable or movable signs, or images that are aspects of personal appearance. 16A.255 Owner's Consent. No sign may be placed on private property without the consent of the property owner or persons holding the present right of possession and control. 16A.260 Prospective Regulation. This Chapter applies only to signs whose structure or housing has not been lawfully and permanently affixed to its intended premise on the date on which the ordinance or regulation is effective. This Chapter does not affect signs that were legally installed and that exist as of the date this Chapter first takes effect. This provision does not legalize existing signs that were built, construct~d or erected without required permits or other approvals. 16A.265 Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter that can be given effect without the invalid portion. In adopting this Chapter, the Town Council affirmatively declares that it would have approved and adopted the Chapter even without any portion that may be held invalid or unenforceable. Article III Definitions 16A.300 Scope. For the purposes of this Chapter, words and phrases have the definitions stated in Section 16A.305 of this article. Grammatical inflections shall be adapted to the context. For words not defined in this article, other definitions may be applied from other sources, in this order: first, from the Zoning Ordinance (Chapter 16 of the Tiburon Municipal Code); second, from any applicable definition in Town law; third, from any applicable definition in California statutory or decisional law; fourth, from any applicable definition in any respected dictionary of the English language; and fifth, from common usage, as applied to context. 16A.305 Definitions. For the purpose of enforcing, implementing and interpreting the provisions of this Chapter, certain terms and words are defined, as set forth is this section. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 7 Abandoned sign. Any sign that has been abandoned for a period of one- hundred eighty (180) days or more following the closing of an establishment on the site where the sign is located; or a sign that pertains to a time, event, or purpose that no longer exists. Accessory use. A use customarily incidental and subordinate to the principal legal use. Animated or moving sign. A sign or sign structure capable of frequent or regular movement, including pennants, airborne balloons, moving or flashing lights, and flags, banners, or other non-stationary devices, intended or used for commercial purposes. Automated Teller Machine (ATM). A mechanical device that allows for automated banking services to be performed. Awning sign. A sign located on the face or surface of an awning. Banner. A sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement. Billboard. A permanent structure sign that meets anyone or more of the following criteria: 1) it is used for the display of off-site commercial messages; 2) it constitutes a principal, or separate use, as opposed to an accessory or appurtenant use, of the parcel on which it is located; 3) it is used for general advertising or advertising for hire (in other words, display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel); or 4) the display space is routinely made available to advertisers or sponsors other than the owner or operator of the sign, or the owner of the land upon which the sign is located, regardless of whether the display space is made available for a fee, in exchange, donation, or otherwise. However, despite the generality of the foregoing, a sign is not within this definition when display space on it is furnished or rented to establishments located on the same parcel, or in the same development. For example, an on-site shopping center sign or kiosk, listing uses or establishments in the center, is not a billboard. Changeable copy sign. A sign that, in part or whole, provides for periodic changes in the sign copy. Examples include signs for an auditorium, theater, library, place of worship, meeting hall or similar use having changing programs or events, but do not include electronic reader board signs or signs on which the message is changed more than one time each day. Commercial message. A visual image that primarily concerns the economic interests of the speaker and/or the audience; or that primarily concerns the promotion, sale and purchase of goods and/or services, or that proposes an economic transaction. Commercial mascot. A human or live animal wearing apparel, costumery, or decorations which are intended to attract attention and present a commercial advertising message. Includes "sign twirlers," "human sandwich boards," "sign clowns" and the like. Construction sign. A sign temporarily located on a site where construction that is subject to a building or other safety permit is underway. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 8 Design Review Board. The Design Review Board of the Town of Tiburon or any successor thereto. Directional sign. A small sign, which is designed and erected solely for the purpose of vehicular or pedestrian direction, placed to provide direction to the public. Director of Community Development. The Director of Community Development or his/her designee. Double-faced sign. A sign consisting of two sign faces, which are placed so that only one sign face is visible from anyone location at anyone time. Electronic sign. A type of internally-illuminated sign that uses electronic (LED, LCD or other video-type) lighting displays and is capable of remotely changing messages on a frequent (more than daily) basis. Erect. Build, construct, place, hang, relocate, install, enlarge, structurally alter or modify, affix, suspend, paint, post, or display a sign. Establishment. Any legal use of land, other than long term residential, which involves the use of structures subject to the Building Code and the presence of human beings on the premises more than thirty-two (32) hours per week. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries but does not include single family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums. Automated facilities which normally operate without the presence of human beings are not within this definition. Establishment frontage. The portion of a building, measured in linear feet, containing a single establishment, which is parallel to and fronts on a public street, public right-of-way, public parking lot, public parking garage, or a publicly-traveled waterway, including San Francisco Bay. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol. Flashing sign. Any sign that is perceived as an intermittent or flashing light. "Flashing" is a light or message that changes more than once every four (4) seconds. " Freestanding sign. Any sign that is designed and constructed as a stand- alone structure, which is self-supporting on the ground and not materially affixed to or attached to a building. Types of freestanding signs include pole or pylon signs and monument signs, but not Portable signs as defined herein. Halo or halo-type sign. A sign where the light source is concealed behind an opaque face and the rays of illumination are projected outwards toward the edge of the sign forming a "halo" effect around the exterior of the sign. Light does not pass through the face of a Halo sign. Height. The plumb vertical distance measured from the uppermost part of a sign to the grade below lowest part of a sign (or to the ground level if appropriate ). Illuminated sign. Any sign intentionally illuminated from an internal or external artificial light source. Ambient lighting does not qualify as illumination of a sign. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 9 Informational sign. A small sign that is designed and erected for the purpose of communicating information for the safety or convenience of the public. Examples of such signs include, but are not limited to "no smoking", "restrooms", or "telephone". Internally-illuminated sign. A sign where the light source is internal to the sign and the illumination passes through the face of the sign. Neon signs are not included in this definition. Mansard sign. Any sign attached to or supported by a mansard roof. Marquee sign. Any sign that is on top of, or attached to, the face of a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the building. See also Under Marquee sign. Monument sign. A freestanding sign that is supported by a solid base or foundation rather than by one or more poles, posts, or pylons. Multiple-tenant building. A building containing more than five (5) uses or establishments, not including residential apartment buildings. Multi-tenant sign. A sign that displays a list of multiple tenants, businesses or establishments in one or more buildings located on one site or contiguous development. Nameplate. A small sign identifying the name and/or address of an occupant or establishment. Neon sign. Any sign containing neon or other visible discharge gas. Official sign. A sign required, authorized by, or displayed by a governmental agency. Off-site sign. A sign that is not located on the property or premises of the use, business, profession, commodity, service or entertainment for which it advertises. The on-site/off-site distinction applies only to commercial speech messages. On-site sign. A sign which pertains to commercial activities or interests of an establishment on the same site or within the same development. The on-site/off- site distinction applies only to commercial speech messages. Pole or pylon sign. A freestanding sign that is supported by one or more poles, posts, or pylons, whether visible or covered with cladding. Portable sign. Any sign not permanently affixed to the ground or to a building or structure, including, without limitation, "pedestal", "A-frame", H- frame" and "I-frame" signs. This also includes signs on wheels or mounted on wheeled but non-motorized vehicles. Projecting sign. Any sign that projects from the face of a building by more than twelve inches and is supported by brackets, a projecting post, frame, or similar device, which is anchored to the building face. Real Estate sign. Any sign, temporary in nature, the copy of which concerns a proposed economic transaction involving real property. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels and motels. All signs within the scope of Civil Code 713 are within this definition.] Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 10 Roof sign. Any sign erected upon or above a roof or parapet wall of a building, or placed above the apparent flat roof or eaves of a building, or the top of a mansard roof. Shopping Center. Any combination of twelve (12) or more establishments on a single or commonly owned or leased group of parcels where common vehicular access from the street and common on-site parking facilities are provided. Sign. Any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public, when such image is visible from any public right of way. Notwithstanding the generality of the foregoing, the following are not within this definition: 1) Automated teller machines (ATM's), as defmed herein; 2) Architectural Features, including decorative or architectural features of buildings (not including lettering, trademarks or moving parts); 3) Fireworks, including the legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter; 4) Grave stones, grave markers, headstones, and other markers of the deceased; 5) Holiday and cultural observance decorations on private residential property and that are on display for not more than forty-five (45) days per year (cumulative, per parcel or use) and which do not include commercial advertising messages; 6) Interior signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal; 7) Manufacturer's marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; 8) Graphics or images mounted on buses, ferries or duly licensed mass transit vehicles that legally pass through the Town; 9) News racks and news stands; 10) Overhead signs such as graphic images, which are visible only from above, such as those visible only from airplanes or helicopters, only if not visible from the street surface or public right-of-way; 11) Personal appearance items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots); 12) Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or kleig lights used as attention attracting devices for commercial or special events; 13) Shopping carts, golf carts, personal scooters, human-powered taxis, horse drawn carriages and similar devices (but not including any motorized device which may legally be operated on any public road); 14) Non-commercial symbols embedded in architecture including, but not limited to, by way of example and not limitation, stained glass windows, carvings on doors, frieze and bas relief statuary, color bands around buildings, foundation stones, corner stones, when such are permanent! y integrated into the structure of a permanent building which is otherwise legal; 15) Vehicle and vessel insignia on street-legal vehicles and properly licensed watercraft: license plates, license plate frames, ~egistration insignia, non-commercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 11 vessel; 16) Vending machines that do not display offsite commercial messages or general advertising messages; 1 7) Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area within fifty (50) feet of water frontage, where primarily intended to be viewed from the water and which do not display commercial messages; and 18) Displays of merchandise in a store window. Sign area. The surface area of a sign, as measured using the procedure described in section 16A.610. Sign Program. A program providing a coordinated signing plan for multiple establishments or uses, in specified situations set forth in Section 16A.525, and which utilizes one or more common elements such as color, materials, lettering, illumination, sign type, and sign shape. Subdivision or neighborhood identification sign. A sign placed near the entrance to a development or subdivision and used to identify the area. Town Property. Real property over which the Town: a) holds an interest; including, without limitation, fee title ownership, easement, leasehold, and public street right-of-way; and b) has the present right of possession and control. Under marquee sign. Any sign hung or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, but that is not directly attached to a building in the manner that a projecting sign would be. Such signs are also known as overhead-mounted hanging signs or blade signs. Visibility triangle. That portion of both public and/or private property at any corner bounded by the curb line or edge of a roadway of the intersecting streets and a line joining points on the curb or edge of the roadway fifteen (15) feet from the point of intersection of the extended curb lines or edges of the roadway. Wall sign. Any sign painted on or attached parallel to the wall of a building and projecting not more than twelve (12) inches horizontally outward from the building wall. Wind blown device. Any sign activated by air or gas that visibly moves when activated. Window sign. A sign painted on or attached to a window, or inside a building within ten (10) feet of a window, and designed to be viewed by the general public from outside the building in which the window is located. Article IV Applicability and Interpretation 16A.400 Compliance as of Effective Date of this Chapter. The provisions of this Chapter shall apply to all signs erected on or following [insert effective date of this ordinance] and shall apply to all signs unlawfully erected prior to [insert effective date of this ordinance] and shall apply to all incomplete, unprocessed or undecided sign permit applications as of [insert effective date of this ordinance] . 16A.405 Compliance with Applicable Laws, Rules, and Regulations. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 12 All signs posted, erected or constructed on or following [insert effective date of this ordinance] shall comply with this Chapter and all other applicable laws, rules, and regulations. 16A.410 Requirements for Associated Town Permits and Approvals. Any associated Town permit or approval required for a sign, including but not limited to a building permit, electrical permit, encroachment permit, or zoning permit (e.g., conditional use permit or site plan & architectural review permit) shall be obtained before the sign is erected. Application review for such permits shall not consider message content or graphic design of the proposed sign. Applications for such permits may be pursued simultaneously, and such permits may be approved subject to approval of all other required permits. 16A.415 Automated Teller Machine (ATM). The provisions of this Chapter shall not apply to an automated teller machine (A TM) or the affiliation logos that are an integral part of the ATM. This Chapter shall apply to signs or advertising that are not essential to the functioning of the ATM. Any ATM shall be subject to Site Plan and Architectural Review approval pursuant to Chapter 16 of the Tiburon Municipal Code. Article V Sign Application and Permit Procedures 16A.500 Sign Permit Required. Except for those signs that are specifically exempt under Sections 16A. 710, 16A.725, 16A.800, or 16A-810, all signs shall require the approval of a Sign Permit and shall follow the permit procedures set forth in Sections 16A.500 through 16A.540. Only signs authorized by this Chapter may be built, installed, displayed, erected or maintained within the Town. All signs are subject to a permit requirement unless expressly exempted. Signs exempted from the permit requirement still must satisfy all applicable rules. 16A.505 Application and Completeness Review. Any person seeking a permit for a sign, for which a permit is required, shall submit to the Director of Community Development a written application for such sign permit. The Director of Community Development shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single application may be filed to apply for multiple signs on the same site or for the same establishment. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount Tiburon Municipal Code Chapter 16A - Signs (Draft 8/11/2008) 13 set by resolution of the Town Council. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled. The application form may call for the following information: (a) Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number, as well as the contractor's license number, if any, of the sign contractor; (b) Street or site address, assessor parcel number, and zoning district of the property where the proposed sign( s) are to be displayed; (c ) Accurate, dimensioned, and scaled site plan showing the location of property lines, buildings, parking areas, driveways, landscaped areas, and existing and proposed signs on the site; as to existing signs, information as to whether each was permitted or exempt from permitting; (d) Accurate and scaled elevation drawings depicting proposed signs and the proposed colors of the signs, and accurate and scaled elevations showing existing signs located elsewhere on the property; (e) Existing and proposed sign area of each individual sign associated with the establishment or residential use and the combined area of all signs (including those already existing or previously approved but not yet installed) in relation to the maximum allowed sign area for the establishment or residential use; (f) Written evidence of all owners' consents, such as land owner or lessor; (g ) A statement as to whether the sign is intended to be used in whole or in part for off-site commercial messages, advertising for hire or general advertising; (h) A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical devices: sound; odor, smoke, flashing images, changeable electronic display, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other visible discharge gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; use of live animals or living persons as part of the display; mannequins or statuary; (i) A statement as to whether the specific permitted use for which the sign is proposed to be erected or displayed, or any currently existing sign thereon associated with the specific permitted use, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application; (j) Current photographs of the existing property, parcel, and/or building on which a sign is proposed to be erected or displayed; (k) In the case of any proposed sign that is subject to a discretionary process, such as a variance, conditional use permit, site plan and architectural review, or sign program, all relevant information required by such process( es); (1) The Director of Community Development is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty (30) days public notice. The Director of Community Development shall determine whether the application contains all the required information or contains sufficient information to act on the application. If it is determined that the application is not complete, the applicant shall be so notified in writing within thirty (30) days of the receipt of the application; the notice Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 14 shall state the points of incompleteness and identify any additional information necessary to make the application complete. The applicant shall then have one opportunity, within thirty (30) days, to submit the required information; failure to do so within the thirty-day period shall render the application void. In the case of a timely resubmission, the application fee need not be paid a second time. 16A.510 Review Authority. Review authority over Sign Permits pursuant to the provisions and requirements of this Chapter is vested with the following review authorities: (a) Director of Community Development. The Director of Community Development has the authority to: (1) Act on a Sign Permit application, as set forth in Section 16A.535(a). (2) Act on requests for Minor Exception, as set forth in Section 16A.535(b). (3) Act on requests for time extension to an approved Sign Permit, pursuant to Section 16A.540. (4) Act on requests for time extension to an approved Sign Program, pursuant to Section 16A.540. (5) Refer any Sign Permit application to the Design Review Board for action, pursuant to Section 16A.51 O(b). (b) Design Review Board. The Design Review Board has the authority to act on: (1) Sign Permit applications referred by the Director of Community Development. (2) A Sign Program, and any amendments thereto, as set forth in Section 16A.525. (3) Signs requiring a Major Exception, as set forth in Section 16A.520. (4) Appeals of Sign Permit decisions of the Director of Community Development. ( c) Appeals. (1) General Provisions of Appeal. The appeal right arises at the earlier of: a) whenever a written decision is delivered to the applicant, or b) the time for decision has run without a written decision. In this context, "delivered" means personally delivered or placed in the U.S. Mail, first class delivery, whichever occurs first. (2) Appeals of Decisions of the Director of Community Development. A decision of the Director of Community Development may be appealed to the Design Review Board by any affected person within five working (5) days of the decision. The appeal process is begun by filing a written notice of appeal with the Town Clerk particularly stating the matter appealed from and the grounds for the appeal. The Design Review Board shall hear the appeal and render a decision on the appeal within thirty (30) Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 15 days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant. (3) Appeals of Decisions of the Design Review Board. A decision of the Design Review Board, except on appeal from a decision of the Director of Community Development, may be appealed to the Town Council by any affected person within ten (10) days of the decision. The appeal process is begun by filing a written notice of appeal with the Town Clerk particularly stating the matter appealed from and the grounds for the appeal. The Town Council shall hear the appeal and render a decision on the appeal within forty-five (45) days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant. Following a final decision by the Town Council, the applicant or any appellant may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure Section 1094.5 and or 1094.6 or 1094.8, as applicable. Such judicial review must be filed within thirty (30) days of notice of final decision, unless State law otherwise provides. (4) Status Quo. During the pendancy of appeal or judicial review, the status quo of the subject sign(s) shall be maintained. This does not apply when an existing sign, or sign under construction, by virtue of its physical condition, constitutes a significant and immediate threat to public safety. 16A.515 Criteria for Approval of Sign Permit Applications; Conditions. (a) If a Sign Permit application complies with all requirements of this Chapter and with all other applicable laws, rules and regulations, the permit shall be approved and issued within the required time limits set forth in Section 16A-535. (b) A Sign Permit application may be approved subject to conditions, so long as those conditions are required by this Chapter or some other applicable law, rule or regulation. Compliance with all applicable safety codes, including but not limited to building and electrical codes, shall be a condition of all Sign Permit approvals, where applicable. 16A.520 Exceptions (Major and Minor). When a proposed sign( s) deviates from the provisions and standards of this Chapter pertaining to sign area, height, setback, spacing, location, placement, type, number, orientation, illumination, or safety factors for construction materials and methods, an Exception request may be filed with a Sign Permit application, subject to the following: (a) Minor Exception. A Minor Exception applies to requests that deviate from the sign provisions for sign area or sign height by less than twenty (20) percent. Notwithstanding the foregoing, any sign area Exception involving no more than five (5) square feet, or involving transfer of sign area from one frontage to another pursuant to Section 16A. 720( c), shall be deemed a Minor Exception. (b) Major Exception. A Major Exception is any Exception other than that described in subsection (a) above as a Minor Exception. (c) Findings for Approval of an Exception. The following findings shall be made in rendering a decision on a request for Exception: Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 16 (1 ) The Exception is necessary to overcome special or unusual site conditions such as exceptional building setbacks, and lack of or limited visibility due to orientation, shape or width of the property and building improvements; (2) The Exception is appropriate in that it would allow signage that would be in proper scale with the building and site improvements, would be compatible with other conforming signs in the immediate vicinity, and would promote a good design solution; and (3) The Exception would permit an improvement that would not be detrimental or disruptive to the safety or flow of vehicular or pedestrian traffic either on-site or off-site. (d) Not applicable to Prohibited Signs. The Exception process shall not apply or be used to permit any prohibited sign, as set forth under Section 16A.805 of this Chapter. Exceptions may not be used to authorize off-site commercial messages on permanent structures in fixed locations. 16A.525 Sign Programs. The establishment of a Sign Program is encouraged as an alternative to the sign standards and provisions contained in this Chapter under certain circumstances, as follows: (a) Purpose. Sign Programs are specifically intended for unusual use or property circumstances with the purpose of addressing multiple uses on one site or multiple signs for uses with special sign needs. Sign Programs shall be used to achieve aesthetic compatibility among the signs within a project, and may allow some flexibility in the number, size, type and placement of signs. (b) Applicability. Sign Programs are permitted specifically for shopping centers, multiple-tenant buildings, lots or parcels with more than five (5) buildings under the same ownership, motor vehicle fueling stations, and movie or live stage theaters. Sign programs shall not be used to allow signs that are expressly prohibited by this Chapter. (c) Design Continuity. Sign Programs shall be designed so that all signage has a consistent and common structural and physical design theme and placement, utilizing common materials, colors and illumination. (d) Findings required for approval of a Sign Program. The Design Review Board shall make the following findings in rendering a decision on an application for a Sign Program: (1) All of the signs contained in the program have one or more common design elements such as placement, colors, architecture, materials, illumination, sign type, sign shape, letter size and letter type; (2) All of the signs contained in the program are in harmony and scale with the materials, architecture, and other design features of the buildings and property improvements they identify, and the program is consistent with the General Design Principles specified in Section 16A.620. (3) The amount and placement of signage contained in the program are in scale with the subject property and improvements, as well as the immediately surrounding area. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 17 16A.530 Permits Issued in Error; Revocation or Cancellation. (a) Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the Director of Community Development upon written notice, to the holder, stating the reason for the revocation. '"Issued in error" means that the permit is not in compliance with rules, regulations or other provisions contained within this chapter and therefore should not have been issued in the first place. (b) Revocation or Cancellation. The Director of Community Development may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit or this Chapter after written notice of non- compliance and at least fifteen (15) days opportunity to cure. The notice and opportunity to cure does not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety. 16A.535 Processing and Noticing Requirements. The following processing and noticing procedures shall be followed prior to rendering a decision on a Sign Permit, an Exception or a Sign Program: (a) Sign Permit, administrative approval. Following review of a Sign Permit application for compliance with the provisions of this Chapter and other applicable laws, rules and regulations, the Director of Community Development, or hislher designee, may render a decision on the application. A decision on a Sign Permit application may be rendered without notice to surrounding property owners. (b) Minor Exceptions. Following review of an application for and prior to rendering a decision on a Minor Exception, property owners contiguous to the subject property shall be mailed a notice informing them of the Director of Community Development's intent to act on the application. Good faith efforts to provide a copy of the notice to adjacent establishments shall also be made. The notice shall indicate that the Director of Community Development will take action on the application, on or after a specified date, which date shall be at least ten (10) days following the date of the notice. (c) Major Exceptions and Sign Programs. Major Exceptions, Sign Programs (including amendments thereto), neon or visible discharge gas signs, appeals, and other sign-related applications requiring Design Review Board action shall require notice of the hearing date to be mailed to property owners within three hundred (300) feet of the subject property a minimum of ten (10) days prior to the hearing. Good faith efforts to provide a copy of the notice to adjacent establishments shall also be made. (d) Prompt review and decision. Review and decision on any Sign Permit, Exception, or Sign Program application shall be prompt and expeditious and in no event shall exceed thirty (30) days after the application is accepted as complete. If a decision is not rendered within the required time limit the application shall be deemed denied. In the case of an appeal, the appeal shall be heard and acted upon within thirty (30) days of its filing. Time limits may be waived by an applicant and/or appellant. Judicial review may be in accordance with the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 or 1094.8, as applicable. (e) Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the reviewing authority shall specify in writing the grounds for such denial. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 18 (f) Disqualification. No Sign Permit application will be approved if: (1) The applicant has installed a sign in violation of the provisions of this Chapter and, at the time of submission of the application, each illegal or non- permitted sign has not been legalized, removed or a remedy included in the application; (2) There is any other existing municipal code violation located on the site of the proposed sign(s) with the same specifically permitted use (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment), which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application; (3 ) The sign application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application; (4) The applicant has not obtained any required encroachment permit, site plan and architectural review permit, conditional use permit, variance, or other zoning permit. However, applications for such permits may be processed simultaneously with a sign permit application. 16A.540 Expiration of Sign Permits. (a) Initial time limits. All Sign Permit, Sign Program and Exception approvals shall expire one hundred and eighty (180) days from the action date, unless the approved sign(s) has been erected and has passed all final inspections, or is underway on such date and is thereafter diligently pursued to completion. . (b) Time limits for extensions. Prior to expiration of a Sign Permit, Sign Program or Exception, the applicant may apply to the Director of Community Development for an extension from the date of expiration. Upon such application, the approval may be extended one time only for one hundred and eighty (180) days from the original date of expiration. Article VI General Sign Provisions 16A.600 Compliance Required. All signs subject to the provisions of this Chapter shall comply with the following general sign provisions. 16A.605 Types of Signs. Examples of sign types are presented in Figure 16A-1. A definition for these sign types is provided in Section 16A.305 of this Chapter. The type of sign that is permitted for an establishment shall be regulated by type of use, as specified in Section 16A.700 et seq. of this Chapter. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 19 16A.610 Sign Area: Computation/Determination of Permitted Sign Area. To determine sign compliance with sign area limitations of this Chapter, sign area shall be measured as follows: (a) Measuring surface sign area. Surface area of a sign shall be calculated as follows: (1) By enclosing the extreme limits of all framing, writing, logo, representation, emblem and other display including, but not limited to, telephone numbers and internet web site addresses within a single continuous perimeter composed of squares or rectangles. This method of sign measurement is depicted in Figure 16A-2. (2) When a sign is comprised of individual letters, which appear as an unframed surface, the script and logo for each line shall be calculated separately. When distance between two lines of script is more than twice the height of the script, each line shall be counted as one sign. This method of sign measurement is depicted in Figure 16A-2. (3) The area of the sign shall be taken as the area of one face. (b) Measuring three-dimensional objects. Signs that are spherical, conical, cylindrical or non-geometric three-dimensional shapes shall be measured as the area of their maximum projection upon a vertical plane. The method of such sign measurement is depicted in Figure 16A-3. (c) Measuring double-faced (back-to-back) signs. The area of a double-faced sign where only one sign face can be seen at one time from any location shall be calculated as a single sign face. (d) Measuring double-faced or multiple-faced signs where more than one sign face is visible from anyone location. The maximum area of all faces that can be viewed from anyone direction at one time shall be counted in the calculation of sign area. ( e) Tubing or strings of lights. Illuminated tubing and strings of lights used to outline a sign or portions thereof shall be included in the calculation of permitted sign area. The tubing or strings of light shall be deemed to have a minimum width of six (6) inches in the calculation of the sign area. When illuminated tubing and strings of lights border an area that forms a substantially closed geometric shape, which contains signage within this shape, all area within the closed shape shall be considered sign area. (t) Clocks and temperature display. Elements of a sign displaYing time of day and temperature shall be included in measuring the surface sign area. Such elements are prohibited if they constitute an animated or moving sign as defined herein. (g) Supporting framework, bracing, pedestals or foundations. Supporting framework, bracing, pedestals or foundations that are clearly incidental to or separate from the sign display shall not be computed as sign area. Examples of this condition would be a solid foundation or pedestal base on a monument-type sign. When such members are designed or illuminated so as to contribute to the advertising qualities of the sign display, the area of such members shall be computed as sign area. (h) Sign Frames. Signs that are framed or have distinguishing color background shall be measured by the entire area of the sign and background, including the framing surfaces. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 20 Figure 16A-l: Types of Signs Awning Roof (Not Permitted) #"~~ Monument Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) ~~-'^-~'-:":l': r:':~ 'i:;':'~ : i7j i IJ . liB: 'J ,,' ~:_~=~ t~,t~~:J lJ:kJ Wall 51liN Projecting Mansard Sign Typt'$ of Freestanding Signs SIGN Under Marquee Wlndow (diagram represents two framed windows) Marquee Sign ChanQable Copy Panel Multi-Tenant Monument POle/Pylon Changable Copy 21 Figure 16A-2: Measuring Surface Sign Area ,w,~ l..5' I zs~'JANES SHOE SHOP: l' t5' 4' "":;: ~ j ~ tS' lu' I 1 ..,#' J II 1\, ',!,' J AN E S Ii SHOE SHOP ! l4f SHOE SHOP J 6f Siqn "rea t: 15 sq. Ft. 4'" Slqn AnN- U..$ 11;l. P.. tfI Sj~ArH II 24 sq.. fi"t.. Figure 16A-3: Measuring Three-Dimensional Signs 2' , Sign Area:: 6 sq. Ft. 16A.615 Location, Placement and Safety Rules. The location and placement of a sign shall be subject to the following: (a) On-site location only. All signs displaYing commercial messages shall be located on the same site, building or development as the subject establishment, except as otherwise permitted by the provisions of this Chapter. (b) Hazardous Location. No sign may be placed or located in such a manner as to constitute a safety hazard or to impede the public use of the public right of way, by factors including, but not limited to, sight distance and tripping hazard; and no sign shall be erected, mounted or displayed in such a manner that it blocks or impedes the normal pedestrian use of public sidewalks. ( c) Prohibited Mountings. Other than official government signs or warning signs required by law, no sign shall be placed in or upon median strips or islands, retaining walls, bridges, benches, traffic signals, utility poles, utility equipment, street lights, traffic signs, traffic sign posts or supporting structures, or on anchor wires or guy wires. No sign may be cut, burned, marked or in any other manner displayed on a cliff, hillside or tree. (d) Intersection Visibility. Signs erected or maintained at or near any street intersection may not obstruct the free and clear vision of drivers and pedestrians. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 22 Other than traffic control signals, no sign shall be installed in the visibility triangle at intersections. (e) No obstruction of exits, windows and safety equipment, etc. No sign shall be erected in any manner where a portion of the sign or its supports would interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator, window, handicapped ramp or access, or required parking space. (f) Maintenance of adequate sight distance. No sign shall be erected in any manner or location where it will physically impede or cause hazardous obstruction to the visibility of vehicles or persons entering or exiting doorways or driveways. (g) General placement of signs. The permitted sign(s) for an establishment shall be placed on the street front face or elevation of the building where the establishment is located (see definition for establishment frontage in Section 16A.305). Where an establishment is located in a building that has no street frontage, is located on a one-way street, or where public visibility of the front face or entrance of an establishment is limited or impaired, the permitted sign may be placed on the side or rear face or elevation of the building where the establishment is located, provided that the provisions for sign area and number are not exceeded. (h) Establishment frontage on corner lots. On corner lots where establishment frontage exists on two streets, signs may be placed on both frontages, but the permitted square footage for each establishment frontage may be transferred from one frontage to another only by granting of an Exception. (i) Establishment frontage on a public parking lot or public parking structure, or publicly-traveled waterway. Where establishment frontage exists on a public parking lot, public parking structure, or publicly-traveled waterway, this establishment frontage shall be considered the same as establishment frontage on a public street when determining permitted sign area. G) Placement of Wall and Window Signs. No wall sign shall project more than twelve (12) inches from the wall to which it is affixed; nor shall any portion of a wall sign extend above a roof line in such manner that it becomes a roof sign. No more than twenty-five (25) percent of the area of a framed window or a continuous window area shall be used for a sign or signs. When a window contains multiple panes, the framed area of the whole window, inclusive of the individual paned areas, shall be used in calculating the permissible sign area. Window signs shall be counted against the overall permitted sign area and number, and shall be subject to the same provisions and limitations as for wall signs. (k) Location and Placement of Marquee and Under Marquee Signs. The location and placement of marquee signs and under marquee signs shall be subject to the following provisions: (1) A minimum vertical clearance of eight (8) feet above the sidewalk, path, public property, public right-of-way or easement shall be maintained. (2) Signs shall not project beyond the ends or sides of the marquee. (3) Signs placed on the face of a marquee may extend above the top of the marquee provided that this extension is not more than one-half the height of the marquee face and is below the building roofline. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 23 (4) An under marquee sign shall not exceed ten (10) square feet in area. (5) When marquee and under marquee signs are illuminated, the conduit and wiring that provides the source of illumination shall be concealed or screened, to the extent feasible. (1) Location and Placement of Projecting Signs. The location and placement of projecting signs shall be subject to the following provisions: (1) A projecting sign shall not exceed ten (10) square feet in area. (2) A minimum vertical clearance of eight (8) feet above the sidewalk, path, public property, public right-of-way or easement shall be maintained. (3) Signs shall be placed at or below the sill of the second floor windows in a multi-story building or below the eave line of a single-story building. Projecting signs shall be permitted for a ground floor establishment only. (4) Signs, including any structural members, shall not project more than a distance of six (6) feet from the building face. In no case shall any sign project to a distance nearer than two (2) feet from the street curb. (5) Signs placed near the side property line or side building wall line facing two streets or rights-of-way shall be set back from the corner to maintain appropriate sight distance. (6) When projecting signs are illuminated, the conduit and wiring that provides the source of illumination shall be concealed or screened, to the extent feasible. (7) No projecting sign shall extend above the top level of the wall or in any other manner such that it becomes a roof sign. (m) Location and Placement of Mansard Signs. Mansard signs shall be located on the lower two-thirds (2/3) of the roof slope and shall not project more than three (3) feet from the sloped roof face at any point. The sign ends of a mansard sign shall be designed to return and be flush with the mansard roof, so that the rear of the sign and the sign bracing are not visible. (n) Location, Placement and Illumination of Awning Signs. The location and placement of awning signs shall be subject to the following provisions: (1) Signs may be placed on the front and sides (ends) of the valance of the awning. However, each sign placed at these locations shall be counted as one of the permitted signs for the establishment. (2) The sign shall cover no more than fifty (50) percent of the front face area of the awning and no more than fifty (50) percent of the awning sides ( ends). (3) When awning signs are illuminated, the illumination shall be limited to the sign script and/or logo only. Illumination designed to light the entire awning is not permitted. (4) Lettering on awning signs shall be contained in a single line limited to the awning face (valance) perpendicular to the ground below. (0) Location and Placement of Freestanding Signs. The location and placement of freestanding signs shall be subject to the following provisions: Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 24 (1) Signs shall be placed so that the sign face is perpendicular to the public street or right-of-way, to the extent possible. (2) No freestanding sign shall be placed in any location that the Town determines would interfere with vehicular or pedestrian safety. (3) A freestanding sign shall not exceed twenty-four (24) feet in height. (4) Freestanding signs are permitted on lots or parcels that have a minimum frontage width of fifty (50) feet and minimum building setback of fifteen (15) feet. (5) No freestanding sign shall be less than three (3) feet from any other sign, building, or structure. (6) Freestanding signs for commercial establishments shall be monument signs except where lack of space renders this infeasible. (7) Freestanding signs are prohibited in Downtown Tiburon except along Tiburon Boulevard, and then are allowed only in locations along Tiburon Boulevard where there is sufficient space so that the sign will not impede normal pedestrian flow or otherwise pose a hazard; (P) Placement of Changeable Copy Signs. Changeable copy signs may be permitted only in conjunction with the approval of a Sign Program. In the event the signage is not part of a Sign Program, a changeable copy sign may be proposed with a request for an Exception on any non-residential use, subject to the following limitations: (1) The changeable copy face shall be no more than fifty (50) percent of the sign face area; and (2) The Exception shall require approval by the Design Review Board pursuant to Section 16A.520. (q) Signs on Historic Buildings. Signs located on buildings designated by the Town Council as Historical Landmarks, or on buildings listed on the Local Historic Inventory of Buildings Located in Downtown Tiburon. adopted by Resolution of the Town Council, shall be compatible with, and shall not detract from, the historic character and defining elements of the building. 16A.620 General Design Principles. The Town encourages signs requiring a Sign Permit to employ the following principles of design: (a) Sign design. Should be physically compatible with the building/ surroundings. Sign colors and materials. Should be: (1) Physically compatible with the building/surroundings. (2) Metal/reflective materials to be matte or non-glare surface. (3) High quality and durable materials. (c) Multiple- Tenant Buildings, Uniform Treatment. A uniform treatment of sign type, colors, materials, design and illumination is encouraged for shopping centers and multiple-tenant buildings. When new signs are proposed for existing buildings with multiple tenants and signs, such signs should reflect where possible the general sign type, colors, materials, design and illumination that is prominent on the building. Adoption of a Sign Program pursuant to Section 16A.525 is highly (b) Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 25 recommended for shopping centers and multiple-tenant buildings to reduce processing time for sign permit applications and facilitate compliance with Town regulations. (d) Downtown Area Signs. The following additional principles of design are encouraged for signs located in Downtown Tiburon, and are derived from the Downtown Tiburon Design Handbook, at pages 49-55, which may be referenced on the Town of Tiburon website for further guidance. (1) Physically complement the architecture of the building or storefront. (2) Preserve the transparency of the storefront. 16A.625 Illumination Standards. The illumination of signs from an artificial source shall be minimized to avoid light spillage, nuisance, momentary blindness or other hazard, unreasonable brightness, glare, or other annoyance, disability, or discomfort to persons within view of such light sources. Exterior lighting shall be designed to eliminate off-site spread of light through the use of hooded, low-level, low-wattage light fixtures, which cast light in a downward direction. When illumination is proposed, it shall be subject to an electrical permit. The required sign illumination standards are as follows: (a) Sign illumination regulated by type of land use and sign type. The type of sign illumination (if any) permitted is as specified in Section 16A.700 et seq., and as otherwise set forth in this Chapter. (b) Allowable Illumination. All lighting shall comply with the current lighting code requirements adopted pursuant to Chapter 13 of the Tiburon Municipal Code. The following types of illumination are allowable: (1) Halo-type illumination. The light source is concealed behind an opaque face and the rays of illumination are projected outwards toward the edge of the sign forming a "halo" effect around the exterior of the sign. Lighting that passes through the face or individual lettering of the sign is not allowed. (2) External, indirect illumination. The light source is exposed and directed toward the sign face but is shielded or concealed from view with proper shields or glass lenses to avoid glare. Examples of external illumination include gooseneck light fixtures and ground mounted light fixtures. (3) Reflective illumination. Illumination that is not florescent or electrically charged, but that responds to light, such as from passing vehicle headlights, by shining or glowing. (4) Neon. Neon or other visible discharge gas may be used only on non-residential establishments and shall not exceed ten (10) percent of the sign area. (c) Exposed Lighting. Signs using exposed light sources, such as neon tubing, or unshielded light bulbs or fluorescent tubes, may receive final approval only when the Design Review Board finds that the light from the sign does not cause unreasonable glare or annoyance to passersby or neighbors. A permit to construct such a sign may be issued conditionally, and is not final until the Design Review Board makes the necessary finding. Such finding may be made only at a duly noticed hearing at which evidence is taken and a written decision is issued. The Design Review Board's inquiry shall not include consideration of the message content of the sign, and shall be restricted to the physical method of presentation of the message. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 26 (d) Illumination that is prohibited. The following types of illumination are prohibited: (1) Blinking, flashing or fluttering lights or illumination that has a changing light intensity, brightness or color. (2) Animated or moving messages. (3) Searchlights used for commercial advertising purposes. (4) Internal illumination that passes through the face of a sign. Article VII Sign Standards 16A.700 Regulation by Use. The size, type, number and illumination of signs shall be regulated by the residential or non-residential nature of the use. Except for those signs not subject to a Sign Permit under Sections 16A.800 and 16A.810 of this Chapter, or signs authorized through approval of a Sign Program under Section 16A.525 of this Chapter, all sign applications shall comply with the standards and limitations set forth in this section. 16A.705 Allowance - Number of Signs Permitted. The maximum number of signs that are permitted shall be regulated by use as specified below. Where more than one sign is permitted for a use, the combined area of the signs shall not exceed the sign area limit that is allotted. 16A.710 Signs on Residential Uses. (a) Residential Signs. Legal residential uses may erect, maintain and display signs as described in this section. Unless otherwise stated, the signs described in this section are not subject to a permit, but still must conform to the rules stated in this section. Transient occupancy uses (hotels, motels, bed and breakfast establishments, etc.) are not governed by this section. (b) Single Family and Two-Family Residences. On legal, detached, single family residential uses and on legal, attached or detached two-family residential uses, each dwelling unit may display, at all times and in all zones, a total of eight (8) square feet of sign face, subject to: (1) Number of sign faces: not limited; maximum area of anyone sign face: eight (8) square feet; maximum height of any freestanding sign: eleven (11) feet; illumination: not allowed; mounting methods: wall, window, door, fence, or fr~estanding; (2) Acceptable message types: non-commercial; nameplate, garage-sale signs, and signs described in Civil Code 713 (temporary real estate signs), as follows: a. Nameplates (which may include address) may not be taller than eighteen (18) inches. b. Other temporary signs for special events, such as garage sales, wedding receptions, etc., on display on the day of the advertised event only, sunrise until event closes, but not later than sunset; maximum area per sign: four (4) square feet; maximum display Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 27 area of all signs: eight (8) square feet; total number of signs (on- site plus off-site): four (4). c. Temporary on-site signs as permitted by California Civil Code 713, subject to: maximum number: three (3) per parcel; maximum display face area per sign: four (4) square feet; illumination: not allowed; physical type: attached or freestanding; display time: when the subject property is on the market and up to ten (10) calendar days thereafter. (3) Pre-election period. During the time period that begins forty-five (45) days before and ends five (5) days after a special, general, or primary election, the total display area for non-commercial messages on temporary structures may be increased to sixteen (16) square feet. Such signs may be displayed only with the consent of the owner or legal occupant, may not project above the roofline of any building on the same parcel, and may be posted on walls or fences or windows, but not on trees or other plants. Illumination is prohibited. ( 4) Flags, pursuant to Section 16A. 810, are not included within the limits of this subsection. Flags are subject to: number of freestanding poles per parcel: one (1); maximum height of freestanding flag pole: twenty-four (24) feet; height of the flag: no more than one-fourth (1/4) the height of the pole; number of flags per free standing pole: not limited; total display area of all flags (measured one side only): sixty (60) square feet; image types: no commercial images on residential uses. Illumination is prohibited. (c) Multi Family Residential - Units. On legal, attached, multiple family residential uses, at all times and in all zones, each individual dwelling unit may display signs, subj ect to: (1) Number of sign faces: not limited; maximum size of anyone sign face: eight (8) square feet; illumination: not allowed; mounting methods: wall, window, door, fence; freestanding signs are not allowed; (2) Acceptable message types: non-commercial; nameplate, garage-sale signs, and signs described in Civil Code 713 (temporary real estate signs), as follows: a. Nameplates (which may include address) may not be taller than eighteen (18) inches; b. Other temporary signs for special events, such as garage sales, wedding receptions, etc., on display on the day of the advertised event only, sunrise until event closes, but not later than sunset; maximum size per sign: four (4) square feet; maximum display area of all signs: eight (8) square feet; total number of signs (on- site plus off-site): four (4). c. Temporary on-site signs as permitted by California Civil Code 713, subject to: maximum number: three (3) per parcel; maximum display face area per sign: four (4) square feet; illumination: not allowed; physical type: attached or freestanding; display time: when the subject property is on the market and up to ten (10) calendar days thereafter. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 28 (3) Pre-election period. During the time period that begins forty-five (45) days before and ends five (5) days after a special, general, or primary election, the total display area for non-commercial messages on temporary structures may be increased to sixteen (16) square feet. Such signs may be displayed only with the consent of the owner or legal occupant, may not project above the roofline of any building on the same parcel, and may be posted on walls or fences or windows, but not on trees or other plants. Illumination is prohibited. (4) Flags, pursuant to Section 16A-810, are not included within the limits of this subsection. Flags are subject to: number of flags per dwelling unit: not limited; total display area of all flags (measured one side only): sixty (60) square feet; image types: no commercial images on flags on residential uses. Illumination is prohibited; no freestanding flag poles allowed. 16A.715 Signs on the Public Right of Way and Signs on Town Property. Signs on the public right of way and on Town Property are regulated by Town Council Resolution No. , or the most current successor thereto. 16A.720 Signs on Non-Residential Uses. Signs located on non-residential uses shall be permitted sign area based on the linear distance in feet of establishment frontage (as defined in Section 16A.305), as follows: (a) The allowable sign area for any establishment shall be one (1) square foot of sign area for each four (4) linear feet of establishment frontage. Second and third floor uses (if different uses than ground floor uses) shall have equivalent establishment frontage allowances, i. e. one per four. (b) For establishments or uses with less than twenty (20) linear feet of establishment frontage, a sign area allotment of five (5) square feet shall be allowed without the granting of an Exception. (c) For a parcel with more than one (1) establishment frontage, or where an establishment is contained in more than one (l) building, each establishment frontage shall be considered and calculated separately in determining permitted sign area. Transfer of sign area from one establishment frontage to another where an establishment has more than one (1) establishment frontage may be permitted with the granting of a Minor Exception. (d) A maximum of two (2) permanent signs shall be permitted per frontage for each establishment except as follows: (1) There shall be no more than one (1) freestanding sign per lot or parcel. (2) There shall be no more than one (1) projecting sign per estab lishment. ( e) Shopping Centers may erect and display signs listing information about tenants within the center, subject to: maximum area: eighty (80) square feet; location: may be freestanding. (f) Multiple-tenant buildings may display a multi-tenant sign listing information about tenants in the building, subject to: maximum area: twenty-five (25) square feet; location: may be freestanding. Tiburon Municipal Code Chapter 16A - Signs (Draft 811112008) 29 16A.725 Other Non-Residential Use Signs. (a) On non-residential uses, temporary and incidental signs may be erected, maintained and displayed according to this section. Unless otherwise stated, the signs described in this section may be displayed in addition to those described in Section 16A.720, and are not subject to a permit. (b) Non-Commercial Messages. In addition to signs authorized or exempted by other sections, and in addition to those signs allowed under the message substitution provision, all legal non-residential uses may erect, maintain and display signs exclusively used for non-commercial messages, as described in this section. If the mounting device qualifies as a "structure" under the Building Code, then all relevant requirements of that and other safety codes must be satisfied. Total number of such signs is not limited, but the total sign area is limited to four (4) square feet at all times. ( c) Pre-election period. During the time period that begins forty-five (45) days before and ends five (5) days after a special, general, or primary election, the total display area for non-commercial messages on temporary structures may be increased to sixteen (16) square feet, with no individual sign to exceed eight (8) square feet. Such signs may be displayed only with the consent of the owner or legal occupant, may not project above the roofline of any building on the same parcel, and may be posted on walls or fences or windows, but not on trees or other plants. (d) Temporary on-site signs as permitted by California Civil Code 713, subject to: maximum number: two (2) per parcel; maximum display face area: six (6) square feet per sign; display time: when the subject property is on the market, and up to ten (10) days thereafter. (e) Flags. Non-residential uses may display flags with non- commercial images or on-site commercial images, subject to: Maximum number of poles per parcel: one (1); maximum height of any free standing pole: twenty-four (24) feet; maximum number of flags: three (3); maximum size of anyone flag: twenty (20) square feet; total area (measured one side) of all flags on a given parcel or use: sixty (60) square feet; mounting: directly or on shafts attached to a wall, door, window or fence, or on a freestanding pole. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 30 Article VIII Temporary Signs, Prohibited Signs, and Exempt Signs 16A.800 Temporary Signs. The following signs are considered temporary and may be posted for a limited period of time without first obtaining a Sign Permit in accordance with the provisions of this Chapter. If the message is commercial in nature, then the sign must be on-site. (a) Grand Opening and Other Special Event Signs. Grand opening and other special event signs of a short-term and temporary nature may be erected without a Sign Permit subject to the following: (1) No more than two (2) such signs, not exceeding twelve (12) square feet in total or combined sign area, shall be displayed per establishment at one time; (2) No such sign or signs may be displayed for a period exceeding thirty (30) consecutive or non-consecutive days in any calendar year, after which time the signs shall be promptly and completely removed. Thus, by means of example, if an establishment displays a sale sign or signs without a permit for a period of twenty-one (21) days beginning on January 1, and subsequently, on February 1, begins displaYing a different sale sign or signs without a permit, the new sign or signs must be removed by February 10, and no additional signs may be displayed in reliance on this section during that calendar year without being in violation of this section. (3) Examples of special event signs include, but are not limited to, signs displaYing a special sale, grand opening, business closing, or a fund drive for a non- profit establishment. (b) Temporary construction signs. Maximum of three (3) in number per site, and no more than six (6) square feet per sign for residential construction and twelve (12) square feet per sign for non-residential construction. No illumination is permitted. Such signs shall be permitted through the duration of construction and shall be removed no later than ten (10) days following completion of construction. ( c) Temporary use signs. Signs for temporary uses, including but not limited to outdoor, temporary or seasonal sales lots, such as Christmas tree or pumpkin sales lots, may be erected for a period not to exceed thirty (30) days. Temporary use signs shall not exceed twenty-five (25) square feet on any parcel. (d) Temporary off-site signs. Maximum of three (3) in number per parcel and no more than three (3) square feet of face area per sign. No illumination is permitted. Display times allowed: between 12:30 p.m. and 5:30 p.m. on Sundays and on one additional day, as the Town Council may establish by Resolution. Location: (i) private property not located in the Downtown with the permission of the property owner; or (ii) on public property not located in the Downtown as allowed by Town Council Resolution No. _, or the most current successor thereto. 16A.805 Prohibited Signs. A prohibited sign is a sign that is not allowable under the provisions of this Chapter, with or without a permit. The Town may require the removal or abatement of a Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 31 prohibited sign. Failure of a property owner and/or lessee to remove or abate a prohibited sign within fifteen (15) days of the property owner and/or lessee's receipt of written notification (or refusal to accept delivery of such) from the Town ordering the removal or abatement, shall be deemed a violation of this Chapter enforceable as provided in Section 16A.900 et seq. and Chapter 31 of the Tiburon Municipal Code, or Business and Professions Code section 5499 et seq., or any other method provided by law. The following types of signs and devices are prohibited: (a) Portable signs, as defined in Section 16A.305, including "pedestal", "A-frame", "H- frame" and "I-frame" signs, except where allowed pursuant to Section 16A-800( d). (b) Abandoned signs. Signs that have been abandoned for a period of one hundred eighty (180) days or more following the closing of an establishment on the site where the sign is located; or signs that pertain to a time, event, or purpose that no longer exists. (c) Animated and moving signs. Animated and moving signs include: (1) Electronic message display, blinking, flashing, change in light intensity, or moving signs. (2) Wind blown devices such as balloons, inflatable objects, pennants, ribbons, streamers. (3) Signs producing sound, odor, smoke, fumes steam, or other substances. (d) Billboards, as defined in section 16A.305 and as set forth in Section 16A.230. (e) Dilapidated signs. Where elements of the sign surface, structural support, frame members, panels or other sign elements are clearly dilapidated, have cause to compromise the ability of the sign to identify an establishment, or are in a condition to cause a hazard or affect public safety. (f) Electronic signs, as defined herein. (g) Imitative of official signs. Signs (other than those used for traffic direction) that contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning or similar words; or signs that imitate or may be construed as other public notices, such as a zoning violation, building permit, business license, etc. (h) Internally-illuminated signs, as defined herein. (i) Natural despoliation. No sign shall be cut, burnt, limed, painted or otherwise marked on a cliff, hillside, field, tree, rock or other natural feature. (i) Roof signs, except where permitted as a mansard sign under the provisions of this Chapter. G) Signs likely to cause traffic confusion or traffic hazard. Signs or lighting that is of a size, location, movement, coloring, or manner of illumination that it: (1) Is likely to be confused with or construed as a traffic control device. (2) Will hide from view any traffic or street sign or signal. (3) Is not be effectively shielded to prevent glare or where the lighting is of an intensity that causes glare or impairs the vision of a driver or pedestrian. (k) Signs surfaced with or made offlorescent paint or material. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/11/2008) 32 16A.810 Exempt Signs. The Town has a compelling public health, safety and welfare interest in the clear, accurate and effective identification of governmental and private buildings, public streets and public facilities and amenities, the safe and efficient control of traffic and parking within the Town, and the expeditious notification to the public of information affecting emergency and essential public services. Therefore, the following signs, when not illuminated and when not containing reflective paint or material, are exempt from the Sign Permit requirement, provided that they conform to the stated rules of this Chapter and all other laws, rules and regulations: (a) Building and street address signs. Each sign shall not exceed three (3) square feet in area and one (1) per building for each street frontage. Such signs must comply with the Town's adopted Building Code requirements. (b) Flags. Flags displaying non-commercial images, subject to limitations set forth herein for residential and non-residential use (see Sections 16A.710 and 16A.725). (c) On-site directional or informational signs of a non-commercial nature. Non-illuminated, private directional or informational signs placed on-site, which are intended to provide public safety or convenience, not exceeding one (1) square foot in area per sign and not to exceed five (5) square feet in aggregate sign area per establishment. Examples of such signs include, but are not limited to, parking lot directional signs, location of restrooms, telephones, "parking in rear," "restricted area", "valet parking", and "employees only". (d) Official Signs. Signs displaying information that is authorized or required by law or regulation, other than this Chapter, may be displayed according to the authorizing law or regulation, and shall not count toward the otherwise applicable limits of total sign number or area. Such signs include, but are not limited to official signs for traffic control, fire and police signs and other regulatory purposes, signs for public information and safety, street signs, fueling station price signs, public notices, emblems and other forms of official identification. (e) Informational Signs. Signs displaying consumer information are not included in the calculation of the allowable sign area or number, if such signs do not individually exceed one (1) square foot and, in aggregate, do not exceed five (5) square feet in area per establishment. Such signs shall not be illuminated and shall not contain reflective paint or material. Examples of such signs include, but are not limited to, signs displaying hours of operation, nameplates, association affiliations, credit cards that are accepted, und "now hiring", "hours of operation", "help wanted", "no smoking", "open", and "closed" signs. (f) Restaurant Menus. For non-residential uses serving food on the premises to the public, a menu may be displayed on private property adjacent to the main public entrance; the menu must be identical in size and all other respects to those made available to diners. Permit not required unless the menu is to be illuminated by other than ambient light; menu display does not count toward the otherwise applicable total sign area. (g) Nonstructural repairs to and maintenance of conforming signs. Repairs to, or maintenance of, a conforming sign, when such changes are non-structural. Tiburon Municipal Code Chapter l6A- Signs (Draft 8/11/2008) 33 Repair and/or maintenance does not include a change in colors, materials, or illumination, which modifications shall require the approval of a Sign Permit under Section 16A.500 et seq. of this Chapter or other applicable laws, rules, or regulations. 16A.815 Nonconforming Signs, in General. (a) A nonconforming sign is a sign that was legally established and maintained in compliance with the provisions and requirements of all applicable laws in effect at the time of the original installation but does not now comply with the provisions of this Chapter. (b) Changes to sign materials are allowable, subject to a Sign Permit, provided that any such changes comply with the provisions of this Chapter. Changes to sign color or text only do not require a Sign Permit. (c) The following additional provisions shall apply to nonconforming signs: (1) Any structural modification to, or structural alteration of, any nonconforming sign or elements thereof, or movement or relocation of a non-conforming sign, shall require immediate compliance with this Chapter. (2) A nonconforming sign may not be changed to another nonconforming sign or structurally modified or altered to extend its useful life. (3) Use of a nonconforming sign may not be re-established or continued after a use or establishment, with which the sign was associated, IS discontinued for more than one hundred eighty (180) days, i.e., is an abandoned sign. (4) Signs located on, and materially associated with, the historic character of any building located on the Local Historic Inventory of Buildings Located in Downtown Tiburon. adopted by Resolution of the Town Council, may be allowed to be re-constructed or replaced despite their non-conforming status, with the granting of a Major Exception. (5) Any nonconforming sign shall be removed or made to conform to the provisions of this Chapter if the sign has been more than fifty (50) percent damaged in terms of replacement value, or is destroyed. 16A.816 Nonconforming Portable Signs (a) Notwithstanding any other provision of this chapter, nonconforming portable signs with an expected useful life of less than fifteen (15) years must be removed as set forth in this section. (1) Unless otherwise established by the permit holder, portable signs are presumed to have an expected useful life of five (5) years or less and must be removed within five (5) years of [insert effective date of this Ordinance]. (2) If a permit holder demonstrates that a portable sign has an expected useful life of more than five (5) years, the Director of Community Development, or his designee, shall grant additional time for the sign to remain in place for the remainder of its useful life, not to exceed a total of fifteen (15) years from [insert effective date of this Ordinance]. (b) The Town Council may adopt a resolution establishing a program for the elimination of signs with an expected useful life of fifteen (15) years or more in compliance with Division 3, Chapter 2.5 of the California Business and Professions Code, Section 5490 et seq. or any successor statutes. Tiburon Municipal Code Chapter 16A- Signs (Draft 8/1l/2008) 34 (1) Prior to adopting the resolution, Town staff will prepare a report that inventories and identifies any sign that would be affect by the program. The Council will consider this report at a public hearing on the resolution. (2) The resolution adopting the program shall include a finding that there is a need for the regulations set forth therein. (c) Nothing in this section shall preclude the Town and a permit holder from mutually agreeing to remove a sign with an expected useful life of fifteen (15) years or more upon the Town's payment of reasonable compensation for the value of the sign. Article IX Violations and Enforcement 16A.900 Violations Unlawful. It is unlawful for any person to violate any of the provisions of this Chapter or to violate any of the terms or conditions of a Sign Permit or Sign Program issued pursuant to this Chapter. 16A.905 Violations an Infraction. Any violation of the provisions of this Chapter, or violation of any conditions of a Sign Permit or Sign Program approval, shall be deemed an infraction and shall be subject to penalties pursuant to Section 36900 of the Government Code, as amended, and Chapter 31 of the Tiburon Municipal Code, or otherwise as provided by state law. 16A.910 Nuisance and Abatement. Any violation of the provisions of this Chapter is hereby declared a public nuisance and shall be subject to summary abatement as provided by law, including Business and Professions Code Sections 5499.1 to 5499.16, Government Code sections 38773.1 and 38773.5, and Chapter 31 of the Tiburon Municipal Code. (a) This section does not exclude any other lawful method of remedy available to the Town. (b) Each and every day that any violation of this Chapter continues shall be regarded as a new and separate offense or violation. ( c) The remedies provided in this section shall. be cumulative and not exclusive. (d) Any Sign Permit or Sign Program approved by the Town may be subject to review and modification or revocation for cause under due process of law. (e) Signs that present an immediate and significant threat to public safety may be impounded immediately by any official of the Town to protect the public safety and welfare. Impounded signs will be held for thirty (30) days. The Town will make reasonable attempts to contact the sign owner and provide the owner with ten (10) days' notice to reclaim the sign upon payment of fines. Impounded signs, which remain unclaimed after thirty (30) days, may be disposed of in any manner whatsoever at the discretion of the Town. S: IPlanning\Regulations\Sign Ordinance \ Chapter 16A draft ordinance 8-28-2008.doc Tiburon Municipal Code Chapter l6A- Signs (Draft 8/11/2008) 35 RESOLUTION NO. -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A POLICY FOR SIGNS ON TOWN PROPERTY AND THE PUBLIC RIGHT-OF-WAY Section I. Findings. WHEREAS, the Town Council finds that the current Town policy regarding signs on Town Property and the public right of way is in need of updating; and WHEREAS, the Town is currently considering adoption of an ordinance comprehensively updating its sign regulations, as set forth in Tiburon Municipal Code Chapter 16A; and WHEREAS, the Town Council held a public hearing on September 17,2008 to consider a Resolution Approving a Policy for Signs on Town Property and signs on the public right-of-way, at which it received and considered comments from interested persons; and WHEREAS, the Town Council finds that the regulation of signs of its proprietary land holdings and on the public right of way are necessary for the public health, safety, welfare and convenience; and WHEREAS, the Town Council finds that the Policy attached hereto is consistent with the goals and policies of the Tiburon General Plan and will further its objectives. Section II. Adoption. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon hereby adopts a policy for signs on Town Property, as set forth on attached Exhibit "A", and incorporated herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. XX-2008 --/--/2008 EXHIB1IT NO. J.. EXHIBIT "A" POLICY FOR SIGNS ON TOWN PROPERTY AND SIGNS ON THE PUBLIC RIGHT-OF-WAY Section I. Authority, Purpose, Scope and Intent A. Authority This Policy is adopted pursuant to the Town's general and police powers, property rights, Government Code Sections 65850(b), 38774, 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq. B. Capacity In adopting this Policy, the Town Council acts in its proprietary capacity as to Town Property, as defined herein, and pursuant to its police powers as to portions of the public right of way in which the fee title is not held by the Town. C. Scope This Policy states the intent, rules, regulations, and procedures regarding private party placement of signs on Town Property, as defined herein. D. Intent The purposes and intents of this Policy include, but are not limited to: (1) To preserve and enhance the aesthetic appearance and natural beauty of the Town; (2) To serve the public interest in safety, both pedestrian and traffic; (3) To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs on Town Property; (4) To enhance the visual attractiveness of the Town, for residents and visitors. (5) To accommodate the need for orderly expression in traditional public forum areas, such as streets, parks and sidewalks; and (6) To advance the goals, policies and programs of the General Plan. (7) To allow private parties to place signs on certain areas of Town Property, subject to the rules and policies stated herein. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit "A " to Town Council Resolution XX-2008 Adopted --/--/2008 1 Section II. Basic Policies A. Compliance Required As to private parties and governmental units other than the Town, only signs authorized by this Policy may be built, displayed, erected or maintained on Town Property, as defined herein. Authorization shall take the form of a permit requirement or an exemption from the permit requirement as explicitly stated in this Policy. B. Enforcement The Town Manager is authorized and directed to enforce and administer the provisions of this Policy. C. Interpretations Interpretations of this Policy shall be made initially by the Town Manager, whose decision may be appealed to the Town Council under the appeal procedures set forth in Section 16A.510(c)(3) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code). D. Intent as to Public Forum The Town declares its intent that no Town Property shall function as a designated public forum, unless some specific portion of Town Property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. Section III. Definitions A. Partial Incorporation of Sign Ordinance Definitions All definitions from the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code) are incorporated, unless they are limited or modified by this Policy. B. Special Definitions The following definitions apply to this Policy. Business days. Days during which Tiburon Town Hall is open for public business. Hand-held Sign. A sign that is held by a natural person or a live animal, not including insignia on apparel or aspects of personal appearance. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit "A " to Town Council Resolution XX-2008 Adopted --/--/2008 2 Blackie's Pasture Sign. A sign made of material similar to plywood, masonite, or other like substance and located on a structure near the southeast corner of the intersection of Tiburon Boulevard with Blackie's Pasture Road, to which signs have traditionally been attached. Blackfield Drive Sign. A sign made of material similar to plywood, masonite, or other like substance and located on a structure at the northeast corner of the intersection of Tiburon Boulevard with B1ackfield Drive, to which signs have traditionally been attached. Director of Public Works. The Town of Tiburon Director of Public Works, or his or her designee. Main Street Banner. A sign made of material similar to heavy canvas or reinforced plastic, attached to poles or buildings, and suspended over Main Street from time to time. Merchants Association. An organization representing merchants and related businesses to promote local businesses. Tiburon Peninsula. Any incorporated or unincorporated territory located on the greater Tiburon Peninsula, including but not limited to the Town of Tiburon, the City of Belvedere, the Paradise Drive unincorporated area, and the Strawberry/EagleRock/Bay V ista unincorporated area. Town Manager. The Town Manager of the Town of Tiburon, or his or her designee. Town Property. Real property over which the Town: a) holds an interest; including, without limitation, fee title ownership, easement, leasehold, and public street right-of- way; and b) has the present right of possession and control. Traditional Public Forum. The surfaces of Town-owned streets, Town-owned parks, sidewalks that are connected to the Town's main pedestrian circulation system, and the pedestrian area immediately surrounding Town Hall (not including the interior thereof). In consultation with the Town Attorney, the Town Manager shall interpret this phrase for compliance with court decisions. Section IV. Traditional Public Forum Areas A. Applicability This Section applies only in Traditional Public Forum areas as defined in Section III. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit "A " to Town Council Resolution XX-200B Adopted --/--/2008 3 B. Display Right In areas qualifying as traditional public forums, private persons may display signs displaying non-commercial messages that are within the protection of the First Amendment, without a permit, but subject to: (1) (2) (3) (4) (5) (6) (7) (8) Section V. The signs must be personally held by a person, or personally attended by one or more persons. The signs may be displayed only during the time period of sunrise to 10 p.m., except on occasions when the Town Council, Planning Commission, or other reviewing authority of the Town is holding a public hearing or meeting; on such occasions, the display period is extended to thirty minutes after such meeting is officially adjourned. The maximum aggregate area of all signs held by a single person is six square feet, measured one side only. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area. The maximum area of anyone sign that is personally attended by two or more persons is forty (40) square feet, measured one side only. The sign must have no more than two display faces and may not be inflatable or air-activated. In order to serve the Town's interests in traffic flow and safety, persons displaying signs pursuant to this Policy may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaYing signs on public sidewalks must give at least five (5) feet width clearance for pedestrians to pass by. Signs and persons holding signs may not block the free and clear vision of drivers, bicyclists and pedestrians. So long as the foregoing rules are followed, no permit is required for display of signs authorized by this Section. The message substitution policy of the Sign Ordinance applies only to the traditional public forum areas and is subject to the rules stated in this Section. Official Signs The following signs may be erected and displayed on Town Property, subject to the rules set herein: (a) Traffic control and traffic directional signs erected or authorized by the Town or another governmental unit; (b) Official notices required or authorized by law; (c) Signs placed by the Town in furtherance of its governmental functions. No permit is required for the signs authorized by this Section V. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit "A " to Town Council Resolution XX-2008 Adopted --/--/2008 4 Section VI. Blackie's Pasture Sign, Blackfield Drive Sign, and Main Street Banner A. Intent as to Forum In adopting this Section, the Town Council does not intend to open or designate a forum for expression on controversial topics of public debate, but instead intends to allow private parties to display messages on the Blackie's Pasture Sign, Blackfield Drive Sign, and/or Main Street Banner to announce special events that are Tiburon Peninsula-based in nature. B. Parties The use of the Blackie's Pasture Sign, Blackfield Drive Sign, and/or Main Street Banner is limited to: Town- sponsored events, Tiburon Peninsula accredited or licensed schools (pre- kindergarten through 12th grade, both public and private schools); Tiburon Peninsula youth organized sporting events, organizations located on the Tiburon Peninsula that have current tax exempt status pursuant to Internal Revenue Code Section 501 (6), and merchants associations located on the Tiburon Peninsula. C. Qualifying Events; Copy Rules This Section authorizes private party use of the Blackie's Pasture Sign, the Blackfield Drive Sign, and the Main Street Banner for special events only. The copy on these signs may include only the title of the event (including the sponsoring organization(s)), time, and location of the event. D. Permit Required A Blackie's Pasture Sign, Blackfield Drive Sign, and Main Street Banner application form shall be available at Town Hall, and such form shall address required submittals, cost recovery fees, and signatures. Requested dates for use of the signs must be explicit. Complete applications, including a rendering of the sign, must be received at least thirty (30) days in advance of the requested date for initial posting. A decision on the request shall be reached no later than ten (10) business days after receipt of the application. In no event shall any sign be permitted to be posted for more than fourteen (14) consecutive days. Only Town employees are authorized to install and remove a sign, but are authorized to delegate that authority in their reasonable discretion. Signatures of approval on a permit shall include all of the following: Town Manager and the Director of Public Works. Once such sign has been approved under this system, a same event sign or banner for a subsequent event shall require only the signature of the Director of Public Works. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit itA " to Town Council Resolution XX-2008 Adopted --/--/2008 5 E. Safety Rules Such Blackie's Pasture Sign, Blackfield Drive Sign, and Main Street Banner shall be subject to safety rules regarding construction methods and materials, and mounting methods, as established by the Building Official. Section VII. Portable Signs on Town Property and Public Right-of-Way A. A-Frame signs, H-Frame signs, and I-Frame signs, and similar portable signs displayed by parties other than the Town, are not allowed on Town Property or Public Right-of- Way controlled by the Town, except as expressly permitted under Subsection B of this Section. B. Portable signs are allowed between the hours of 12:30 p.m. and 5:00 p.m. on Sundays and between the hours of 10:00 a.m. and 2:00 p.m. on Wednesdays, provided that they meet the following criteria: (1) No sign may be placed so as to obstruct pedestrians or vehicles or render any sidewalk or other pedestrian pathway impassible to persons using wheelchairs or walkers. For purposes of this Section, a sidewalk or pathway is presumed to be impassible to persons using wheelchairs or walkers if the sign causes the sidewalk or pathway to be less wide than required by applicable state and federal accessibility laws. (2) No sign may be placed so as to cause damage or create safety hazards. (3) Any sign placed on Town Property or on Public Right-of~Way controlled by the Town pursuant to this section must comply with Section 16A-800(d) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code). Section VIII. Encroachments A. Encroachment Policy With the exception of those signs described in Section VI of this Policy, signs that are mounted on private property but which project over the public right of way, or otherwise extend into or over Town Property, are authorized subj ect to: (1) The sign must satisfy all requirements of the Sign Ordinance; (2) The sign may not project more than six feet from a building face nor project to a distance nearer than two feet from the street curb; (3) The sign must be mounted so as to provide a ground clearance of at least eight vertical feet; (4) The message substitution policy of the Sign Ordinance shall apply to signs authorized by this Section. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit itA " to Town Council Resolution XX-2008 Adopted --/--/2008 6 Section IX.' Town Expression of its Own Messages Nothing in this Policy limits in any way the Town's ability to use Town property for the expression of its own messages. Section X. Cross-Reference from Sign Ordinance The Town Council of the Town of Tiburon intends for this Resolution to satisfy the references in the Sign Ordinance, namely Sections 16A.115 (b) and 16A.715, which state that signs on the public right of way and signs on Town Property are regulated by Resolution of the Town Council. Section XI Enforcement Unless no permit is required pursuant to this Policy, any unauthorized, unapproved, non- exempt sign on Town Property is subject to immediate removal without notice. Town ofTiburon Policy for Signs on Town Property and Public Right-of Way Exhibit "A" to Town Council Resolution XX-2008 Adopted --/--/2008 7 CHAPTER 16A. SIGNS Section 16A-1. Purpose and Intent. Section 16A-2. Sign Permit Required. Section 16A-3. Sign Permit Application and Processing. Section 16A-4. Principles of Review. Section 16A-5. Sign Standards. Section 16A-6. Exception to Regulations. Section 16A-7. Signs Not Requiring Permits. Section 16A-8. Prohibited Signs. Section 16A-9. Enforcement. Section 16A-I0. Nonconforming Signs. Section 16A-ll. Definitions. Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through Ordinance No. 468 N.s. Effective 5/1/2002 EXillBIT No.3 Section 16A-l. Purpose and Intent. Tiburon's setting, natural environment, history, and climate combine to provide it with unique beauty, charm and character. The purposes of this chapter are to ensure that signs are appropriate and compatible with the environment and character of the community, and to promote traffic safety. When appropriately regulated, signs can promote traffic safety and provide clarity, aesthetic appeal, and harmony which enhance a community's character. Left unregulated, signs can result in traffic and pedestrian safety hazards and can detract from, rather than enhance, the character of a community. Standards provided in this chapter are intended to promote the health, safety, and general welfare by regulating the design, materials, construction, illumination, location, and maintenance of all signs. It is the intent that the provisions of this chapter will provide functional flexibility, encourage variety, and create an incentive to relate signs to basic principles of good design while eliminating visual blight and potential traffic and pedestrian safety hazards. Section 16A-2. Sign Permit Required. No person shall erect, move, alter, replace, or repair any sign without prior issuance of a sign permit as required in this chapter. An existing sign refinished for a use or business other than the previous use or business shall be considered a new sign. Any required encroachment permit, building permit, electrical permit, or other permit shall also be obtained prior to the erection of a sign. Section 16A-3. Sign Permit Application and Processing. Applications for sign permits and a list of materials necessary to file an application may be obtained from the Planning Department. Once an application is determined by Town staff to be complete, it shall be transmitted to the Planning Director for consideration. The Planning Director shall review the application and determine whether the proposed sign conforms to application regulations and to the purpose and intent of this chapter. Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 2 Ordinance No. 468 N.s. Effective 5/1/2002 The Planning Director may approve, approve with modifications or conditions or deny any sign application. The Planning Director may also approve, approve with modifications or conditions or deny any application for a series of signs for a building, to be used on a rotating basis throughout the year. The Planning Director shall have the discretion to refer any application to the Board for review and action, in which case the Board shall have all of the authority and discretion of the Planning Director in acting on sign permit applications under this chapter. The Planning Director's decision may be appealed to the Board. The Board's decision, either on appeal or on the original application, may be appealed to the Town Council. The decision of the Town Council shall be final. Section l6A-4. Principles of Review. GENERAL Signs shall be designed such that they are architecturally a part of the design of any building, rather than a feature independent of, and in conflict with, the design of any building. Signs shall be in harmony with their surroundings, and shall not be garish, excessively brilliant or obtrusive, or otherwise inappropriate to the character of the Town. This includes color and materials as well as design of the sign. Materials used to construct a sign should be compatible with the exterior treatment of the building which they serve. Signs should be designed to relate to the pedestrian scale, and should also be of appropriate scale to the structure, building or use which they serve. SPECIFIC Freestanding signs should generally be low and understated in character, i.e. monument SIgnS. Projecting signs should be used with restraint and should complement the architecture of the building rather than detract from it. Neon, when used creatively and in an artistic manner, may be allowed in very limited amounts in signs where deemed appropriate. At all times, neon elements of a sign shall be unobtrusive and non-glaring, and shall be considered in context with both the building and its surroundings. The Board shall review neon elements carefully on a case-by-case basis. Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 3 Ordinance No. 468 N.s. Effective 5/112002 "A-frame" and other portable signs should be used sparingly, but may be allowed where deemed appropriate. Such signs must be placed on the private property served by the sign and shall not be placed on the public right-of-way or on public property. Section 16A-5. Sign Standards. The following standards shall be applied when reviewing applications for sign permits: (1) SIGN NUMBER A maximum of two signs for each place of business in each building maybe displayed at any given time, provided that: (i) a sign whose primary function is to identify the name of the business shall not be counted under this section; (ii) a third sign may be allowed if determined to be necessary for the reasonable visibility of the business; and (iii) a building that fronts on more than one street may be permitted two signs per side of building fronting a street. Shopping Centers may have, in addition, an identification sign not to exceed 100 square feet in area. (2) SIGN AREA The maximum allowable sign area for any business shall be one square foot of signage for each four linear feet of frontage of such business, as defined herein. Second floor businesses shall have equivalent frontage allowances. No single sign (except a shopping center sign) shall exceed 48 square feet in area, and no projecting sign shall exceed 16 square feet in area. No more than one portable sign shall be permitted for each business. No more than one freestanding sign shall be permitted on any property. (3) SIGN HEIGHT No freestanding sign (including the sign structure) shall exceed 12 feet in height. No projecting or wall sign shall extend above the top level of the wall or in any other manner such that it becomes a "roof sign" as defined herein. The minimum overhead clearance for any sign which is suspended or proj ects over any public or private walkway or walk area shall be 8 feet. Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 4 Ordinance No. 468 N.s. Effective 5/1/2002 (4) SIGN SETBACK AND PROJECTION No projecting sign shall project more than four feet from any wall surface, nor project above the top level of the wall or in any other manner such that it becomes a "roof sign" as defined herein. Signs projecting over the public right-of-way shall require an encroachment permit from the Department of Public Works. No freestanding sign shall be located within any public right-of-way or in any location that the Town determines it would not interfere with vehicular and pedestrian circulation and safety. No wall sign projecting over a property line shall exceed a thickness of 12 inches. (5) SIGN ILLUMINATION The visual intensity of illumination shall be appropriate within the context of the size, location, and surroundings of the sign. The Town may condition the approval of an illuminated sign based upon its actual visual intensity after operation begins, and may order dimming or other modification if the illumination is found to be excessively brilliant or garish, or not in keeping with the surrounding environment. Section 16A-6. Exception to Regulations. Where a strict adherence to the provisions of this chapter will result in an unnecessary hardship or prohibit creative design, the Board may grant an exception to any regulation of this chapter if it makes the following findings: 1) Exceptional physical circumstances or conditions exist which apply to the site or location under consideration. 2) The exception is not inconsistent with the purpose of this chapter. Section 16A-7. Signs Not Requiring Permits. The following signs shall not be counted in the tabulation of sign area or number of signs, and may be erected without a permit provided that they are not illuminated and contain no reflective paint or material (see exception for street numbers): AFFILIATION SIGNS not to exceed 3 square feet in aggregate area are permitted. CONSTRUCTION SIGNS provided that only two signs not to exceed 6 square feet in area each in residential zones and 25 square feet in area each in non- Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 5 Ordinance No. 468 N.s. Effective 5/1/2002 residential zones are permitted per construction site. Such signs shall not be erected prior to commencement of constniction and shall be removed within 5 days of final release of the construction by the Building Inspector. INFORMATION SIGNS, such as "open" and "hours of business" when not exceeding one square foot in area. OCCUP A TIONAL NAMEPLATES not to exceed one square foot in area. OFFICIAL TRAFFIC SIGNS or other government signs, legal notices, advertisements prescribed by law, signs indicating the location of buried utility lines or any notice posted by a government officer in the scope of duty. POLITICAL SIGNS are permitted on any property if placed there by the owner or tenant provided that no single sign exceeds 8 square feet in area. Each sign shall be erected no sooner than 120 days prior to an election and must be removed within 10 days following the election. REAL ESTATE SIGNS provided that only one sign not to exceed 3 square feet in area is allowed per parcel. A maximum of four "open house-type" signs, each not in excess of 3 square feet, may be located on private property with the permission of the owner, or on public property provided that they do not obstruct pedestrians or vehicles or cause damage or create safety hazards. Open house-type signs are permitted only between the hours of 12:30 P.M. and 5:00 P.M. on Sundays and on one additional day, as the Town Council may determine by resolution. STREET ADDRESS SIGNS of reasonable size are permitted and may be illuminated or contain reflective paint or material. GRAND OPENING AND OTHER SPECIAL EVENT SIGNS of a short-term and temporary nature, provided that (1) no more than two such signs (in addition to any other signs permitted under this Chapter) shall be displayed per business at one time; (2) No such sign or signs may be displayed for a period exceeding 30 (thirty) consecutive or non-consecutive days in any calendar year, after which they shall be promptly and completely removed; and (3) no business shall display any sign or signs without a permit under this exception for a total of 30 (thirty) consecutive or non-consecutive days in any calendar year, after which period is exhausted, the display of any sign without a permit that is not exempt under some other exception to the permit requirement shall constitute a violation of this chapter. Thus, by means of example only, if a business displays a sale sign or signs without a permit for a period of21 days beginning on January 1, 1997 and subsequently, on February 1, 1997, begins displaying a different sale sign or signs without a permit, the new sign or signs must be removed by February 10, 1997, Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 6 Ordinance No. 468 N.s. Effective 5/1/2002 and no additional signs may be displayed in reliance on this exception during that calendar year or the proprietor will be in violation of this chapter. Section 16A-8. Prohibited Signs. The following signs are prohibited at all times and may not be approved by the granting of an exception as described in Section 16A-6: MOVING SIGNS, as defined herein. OFF-SITE SIGNS, as defmed herein. ROOF SIGNS, as defined herein. VEHICLE SIGNS, as defined herein. Section 16A-9. Enforcement. In general. Any violation of the provisions of this chapter is hereby declared a public nuisance and shall be subj ect to summary abatement as provided by law, including Business and Professions Code Sections 5499.1 to 5499.16. Any person violating provisions of this chapter, or violating any conditions of a sign permit approval, shall be deemed guilty of an infraction and shall be subject to penalties pursuant to Section 36900 of the Government Code, as amended. Each and every day that any violation of this Chapter continues, is committed or is p~rmitted shall be regarded as a new and separate offense. The remedies provided in this Section shall be cumulative and not exclusive. Any sign permit issued by the Town may be subject to review and modification or revocation for just cause under due process of law. Work without ,g permit. Whenever work has been commenced without benefit of a permit, an investigation of the work shall be made before such permit is issued. The fee for such investigation shall be paid in addition to the sign permit fee. Abandoned ~ No person shall maintain on any premises controlled by him any sign which has been abandoned, as defined herein. fuw hazardous to the public. Signs located within the public right-of-way, or within 20 feet of the intersection of the curb lines at any street intersection, and which constitute a hazard to public safety and welfare may be impounded immediately by any official of the Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 7 Ordinance No. 468 N.S Effective 5/1/2002 Town to protect the public safety and welfare. Reasonable attempts to contact the sign owner shall be made following removal of the sign. Non-hazardous ~ on public property. Signs located on the public right-of-way or other public property, for which required permits have not been obtained, may be removed by any official of the Town upon due notice given by the Town, or following reasonable efforts to contact the sign owner. The notice to remove said sign shall cite this chapter as authority and shall provide that such sign shall be removed within two (2) days from the date of such notice. Failure to remove the sign shall be cause for the Town to impound the sign. Impounded ~ shall be retained without guarantee by the Town for a period of 30 days and may be reclaimed within that period by the owner upon application and payment of impound/storage fees at the Tiburon Town Clerk's Office. Impounded signs remaining unclaimed after 30 days may be disposed of in any manner whatsoever at the discretion of the Town. Obstructing or confusing ~ No sign shall be erected such that it will interfere with the free use of any fire escape, exit, or standpipe; or obstruct any required stairway, door, ventilator or window; or interfere with, obstruct, confuse, or mislead traffic. Such signs are declared public nuisances and are subject to abatement. Section 16A-I0. Nonconforming Signs. All nonconforming signs lawfully existing as of the effective date of this chapter may be continued in use, without expansion, alteration or other substantial change. No nonconforming sign shall be expanded, altered, reconstructed or moved without being made to comply with the provisions of this chapter, provided that the normal maintenance of any nonconforming sign is permitted. Section 16A-ll. Definitions. Unless specifically defined herein, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. Abandoned sign. Any sign which has been abandoned for a period of 90 days or more or which pertains to a time, use, event, purpose, or business which no longer exists. Town ofTiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 8 Ordinance No. 468 N.S Effective 5/1/2002 Advertising sign. A sign which is used or designed to direct attention to a business, profession, commodity, service, or entertainment. Mfiliation sign. A sign announcing membership in an association or business of the type which occupies the premises on which the sign is located; a sign announcing the types of credit cards honored; or other similar sign types which are determined by the Town to be included in this definition. Area (of sign). The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one exposed exterior surface. Signs with more than one surface shall be measured as the aggregate area of all sign surfaces, except that two-faced signs (back-to-back surfaces) shall be considered to have only one face. If any structural element which supports a sign is designed, painted, or otherwise arranged to substantially contribute to the advertising qualities of such sign, such structural elements shall be included in the measurement of sign area. Board. The Design Review Board of the Town of Tiburon or the successors thereto. Building face. The general outer surface of a main exterior wall of a building. For example, a building whose plan is rectangular has four main exterior walls and four building faces. Construction sign. A sign located on a site where construction is underway, giving information concerning what is being constructed and by whom the work is being done. Directional sign. A sign which gives direction to, or the location of, a point of general interest or a public or quasi-public building or institution such as a school, church, library, museum, or civic center. Directional sign shall also include signs which facilitate or control the efficient or safe movement of pedestrians or vehicles. Reasonable uniformity of such signs is strongly encouraged. Erect. Build, construct, place, hang, relocate, enlarge, substantially alter, attach, affix, suspend, paint, post, maintain or display. Freestanding sign. A sign which is self-supporting and non-portable, standing on the ground in a fixed location and not attached to or proj ecting over any building or building projection. Such signs may be supported from the ground by one or more uprights, poles, or posts, with or without braces. Town oj Tiburon Sign Ordinance Chapter 16A oj the Tiburon Municipal Code As amended through 9 Ordinance No. 468 N.s. Effective 5/112002 Frontage. The portion of a building parallel and adjacent to a public street or adjacent to a publicly-traveled waterway. Height. The plumb vertical distance measured from the uppermost part of a sign to the lowest part of a sign (or to the ground level if appropriate). Identification sign. A sign used to identify the name of the occupant or the names or type of business located on the premises where such sign is displayed. Illuminated sign. Any sign having illumination from an internal or external light source. Information sign. A sign used to convey information concerning the property upon which the sign is located. Moving Sign. A sign or sign structure capable of frequent or regular movement, including pennants, airborne balloons, moving or flashing lights, and flags, banners, or other non-stationary devices intended or used for commercial purposes. Neon sign. Any sign containing neon or other visible discharge gas. Occupational nameplate. A sign limited to name, occupation, and hours of business. Off-site sign. An advertising sign, as defined herein, which is not located on the property or premises of the use, business, profession, commodity, service or entertainment for which it advertises. Certain signs, such as directional signs, shall not be automatically deemed off-site signs. Person. Any individual, firm, partnership, corporation, or other legal entity. Planning Director. The Planning Director of the Town ofTiburon or his designee. Political sign. Any sign advocating preference for political parties, platforms, ideologies or candidates for public office. Portable sign. Any sign not permanently affixed to the ground or to a building or structure, including, without limitation, "pedestal" and "A-frame" signs. Town of Tiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 10 Ordinance No. 468 N.s. Effective 5/1/2002 Projecting sign. Any sign, other than a wall sign, which is erected or supported by a building wall or roof and which proj ects outward or upward therefrom. Any sign under a marquee, porch, walkway covering or similar covering structure and . in place generally perpendicular to the wall of the adjoining building shall be deemed a proj ecting sign. Real Estate sign. Any sign advertising the sale, rent, lease, or other disposition of a property. This definition shall be broadly interpreted. Roof sign. Any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering or similar structure, and supported by or connected to the building or roof. Any sign which extends above the top level of the wall upon it is situated, or projects above the plane or eave of the roof shall be deemed a roof sign. Shopping Center. Any combination of five or more businesses on a single or commonly owned or leased parcel of land ~here common vehicular access from the street and common on-site parking facilities are provided. Sign. Any writing, pictorial representation, symbol, insignia, banner, placement of lighting or any other feature of similar character of whatever material which is used to identify, announce, direct attention to or advertise, or which is used to decorate or illuminate for commercial purposes, which is erected on the ground or on any bush, tree, rock, wall, post, fence, building, structure, vehicle or in or on any place whatsoever and which is visible from outside a building. Sign area. See definition of "Area". V ehicle sign. Any advertising sign attached to or suspended from a motor vehicle, operable or inoperable, when located or displayed such that the primary purpose of the vehicle is the display of the sign. Wall sign. Any sign posted or painted on, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat position, or with the exposed face of the sign in a place approximately parallel to the front of a wall, canopy, porch or similar covering structure, or any sign permanently secured to the inside or outside of any window approximately parallel to the glass thereof, so located to be normally visible from the exterior of any building shall be deemed a wall sign. Window sign. See Wall sign. \shared\planning\regulations\municode\chapter 1 6A \sign handout.doc Town of Tiburon Sign Ordinance Chapter 16A of the Tiburon Municipal Code As amended through 1 J Ordinance No. 468 N.S Effective 5/1/2002 TOWN OF TIBURON Administrative Policy and Procedure Nunnber: 6 Effective: March 31, 2002 Authority: Town Manager I Public Sign Policy I PURPOSE: As a matter of public interest, the Town provides space for the announcement and promotion of community events, activities and matters of general interest. POLICY: The Town provides two permanent signs along Tiburon Boulevard for the promotion of community events, activities and matters of general interest. The present locations are at Blackie's Pasture and at the corner of Tiburon Boulevard and Blackfield Drive. The Town also controls the air rights above Main Street for the occasional posting of signs and banners. The signs will be used for the purpose of promoting community events, activities and matters of general interest. Priority will be given to the Town followed by local public agencies, and not-for-profit organizations. At no time shall the signs be used for promotional purposes for the benefit of private entities. PROCEDURE: The Town's Public Works Department will be responsible for maintaining and administering the sign program. Completed applications must be submitted to the Superintendent of Public Works at least 30 days in advance of the dates for the sign space to be used. Applications must include the name and telephone number of the contact person for the organization sponsoring the sign. The requested dates for use of the signs must be explicit. Signs will be posted for no more than 14 consecutive days at either location. Public Sign Policy Page 1 of2 EXHIBIT NO.~ The rendering of the sign must also be included. A $50 application fee will be charged to hang and remove the sign. The fee will be waived for any public agency on the Tiburon Peninsula as well as the Tiburon Peninsula Chamber of Commerce, Landmarks Society and the Tiburon Peninsula Foundation. Only Town employees are authorized to hang and remove signs on Town- owned property. Signs must be constructed of 1/2 inch plywood and measure 4-feet by 8-feet. Once the Superintendent of Public Works has approved the application, he/she will schedule the installation and removal of the signs. The Town Manager has unilateral authority to remove all signs. APPROVED: Alex D. Mcintyre, Town Manager Date Public Sign Policy Page 2 of2 Boardmember Chong pointed out that the Board needs to be careful not to create a situation where applicants get what they want by simply asking enough times. However, he said that Red Hill Circle has some of the most beautiful views. He understood the original intent of the carports and noted that some trees now block views between the homes. He said that he has observed people going into the carports to enjoy the views and felt that the advantages gained by enclosing the carports outweighed what would be lost. Boardmember Corcoran said that he lives in a condo with carports and does not understand why they designed them. He said that if his complex had come before the Design Review Board three times before asking for permission and permission had been denied, he would not have come a fourth time. He said it was a really tough decision to make because it is important that for Board to be consistent and this could open the door for others in Town to request the same. He said that when the Town approved this project, the carports were a condition of that approval and this would change the terms of that bargain. He understood that the applicants feel violated, but he noted that people can be attacked when parking on the street. He said that there was no compelling reason to change the previous decisions, but he sympathized with the desire to enclose the carports. Chair Doyle described the history of Red Hill Circle in the incorporation of the Town and said that he liked the idea of two rows of frosted glass on the bottom of the garage doors and a row of clear windows on top, and a window on the side. Boardmember Corcoran said one of the things that this Town bemoans is the "walling off' effect caused by garage doors. He said that he was not completely opposed to the project, noting that this is a unique piece of property and that enclosing these particular carports would not result in a severe impact. Vice-Chair Glassner agreed that this should not be construed as a precedent-setting decision regarding carport conversions, noting that every single application, including those for carports, is reviewed on a case-by-case basis. ACTION: It was M/S (Chong/Glassner) that the project is exempt from the California Environmental Quality Act and approving the project with the attached conditions of approval, with the additional condition of approval requiring windows in the sides of the carports and two rows of glass on the garage doors, and the recommendation that the trees behind 50 and 52 Red Hill Circle be windowed. Vote: 3-0-1 (Corcoran abstained). 7. 2 ROLLING HILLS ROAD GARVEY, ADDITIONS - CONTINUED TO 7/17/08 78. DISCUSSION OF DRAFT SIGN ORDINANCE Planning Manager Watrous explained that the Town is preparing a new sign ordinance. He stated that because sign law has gotten more complicated over the years, the new ordinance is more detailed. He stated that the current draft ordinance would not change TIBURON n.R.B. MINUTES #9 6/19/08 EXHIBIT NO.~ most of the existing standards but it would prohibit portable A-frame signs, all internally illuminated signs, electronic signs, and signs using fluorescent materials. He said that the Town is currently soliciting comments and is asking the Board to review and comment on the sign ordinance, and will forward the Board's comments to the Town Council for use in its deliberations. Boardmember Corcoran asked if realtors advertising open houses would be in violation of this ordinance. Planning Manager Watrous responded that all portable signs would be prohibited, but other real estate signs planted into the ground would not be in violation. He noted that the Council is expected to wrestle with this issue, but all sign ordinances must be content neutral. He noted that one possible approach would be to not allow portable signs in downtown or other locations but to allow them elsewhere. Vice-Chair Glassner characterized the new sign ordinance as a quantum leap forward and said that his preference would be to eliminate portable signs altogether. He said that it is important to begin to deal with the look of the town and felt that portable signs simply involved businesses jockeying for position. He felt that portable signs look tacky and that it was time uphold a higher standard and establish a look for signage in the town. Boardmember Corcoran said he likes to see portable real estate signs because they point to where there are homes for sale. He suggested the Town explore the option of banning portable signs in certain locations and intersections, such as the intersections of Trestle Glen Boulevard, Lyford Drive and Beach Road with Tiburon Boulevard. He noted that the City of Ross only allows smaller real estate signs and he expressed his opposition to prohibiting all portable signs. Boardmember Corcoran asked whether the definition of a roof sign included holiday decorations. Planning Manager Watrous said that holiday decorations would not generally be considered signage if there is no commercial message. Boardmember Corcoran said that if a menu box would not count as signage, this could lead to every restaurant in town putting out a menu box. Boardmembers discussed this and generally indicated support for this requirement. Boardmember Chong asked about signs that are grandfathered in. Planning Manager Watrous said that a sign would only be grandfathered in if it was legally approved at the time. For example, if a business puts out a portable sign without a permit now and the ordinance goes into effect, that sign is not grandfathered in. Chair Doyle stated that he supported prohibiting portable signs, but encouraged the possibility of substituting smaller, more creative, better looking signs. G. APPROVAL OF MINUTES #8 OF THE 6/5/08 DESIGN REVIEW BOARD MEETING Boardmember Corcoran requested the following amendments: TIBURON D.R.B. MINUTES #9 6/19/08 11