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HomeMy WebLinkAboutTC Res 2011-11-02 (4)RESOLUTION NO. 53-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 03- 2009 AND ADOPTING A REVISED POLICY REGULATING SIGNS ON TOWN PROPERTY AND ON THE PUBLIC RIGHT-OF-WAY Section I. Recitals. WHEREAS, the Town Council adopted Resolution No. 03-2009, regulating signs on its proprietary land holdings and on the public right of way ("Sign Policy"); and WHEREAS, the Town Council finds that the Sign Policy should be revised to reflect changes made in the policies and management of the Blackie's Pasture and Blackfield Drive signs, among other things; and WHEREAS, the Town Council finds that for implementation purposes and for the public convenience, it is appropriate to rescind the existing policy and re-adopt a revised policy in total; and WHEREAS, the Town Council finds that this revision of the Sign Policy is exempt from the requirements of CEQA pursuant to Section 15061 [b(3)] of the CEQA Guidelines and is also also categorically exempt purusant to Sections 15305 and 15311 of the CEQA Guidelines WHEREAS, the Town Council finds that the Sign Policy, as revised, is consistent with the goals and policies of the Tiburon General Plan and Tiburon Sign Ordinance, will further their obj ectives. Section II. Rescission of Sign Policy (Resolution No. 03-2009). Town Council Resolution No. 03-2009, adopted February 18, 2009 and effective March 20, 2009, is hereby rescinded. Section III. Adoption of Revised Sign Policy. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon hereby adopts a revised Sign Policy, set forth in attached Exhibit "A", which is hereby incorporated and made a part of this Resolution. Section IV. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 2, 2011 by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz Town Council Resolution No. 53-2011 11/02/2011 page I NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: r DIANE CRANE IACOPI; `TOWN LERK Town Council Resolution No. 53-2011 11/02/2011 Page 2 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 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; (6) To advance the goals, policies and programs of the General Plan; and (7) To allow private parties to place signs on certain areas of Town Property, subject to the rules and policies stated herein. Section II. Basic Policies A. Compliance Required No person or entity, other than the Town, shall build, display, erect or maintain any sign on Town Property, as defined herein, except as explicitly authorized by this Policy. Authorization shall take the form of an approved application or an exemption from a sign permit requirement. Exhibit "A " to Town Council Resolution No. 53-2011 Page 1 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.5 I 0(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 public forum of any kind, except such specific portion as this Policy may expressly designate as a particular type of forum. 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. Banner. A flexible type of sign allowed for display on the Blackie's Pasture Signpost and the Blackfield Drive Signpost, subject to Town approval and conformance with detailed specifications established in writing by the Town Manager. Business days. Days during which Tiburon Town Hall is open for public business. Blackie's Pasture Signpost. A structure located at the eastern corner of the intersection of Tiburon Boulevard with Blackie's Pasture Road, to which signs have traditionally been attached. Blackfield Drive Signpost. A Town-owned structure located at the eastern corner of the intersection of Tiburon Boulevard with Blackfield 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. 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. Exhibit "A " to Town Council Resolution No. 53-2011 Page 2 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 Vista 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. B. Display Right In an area qualifying as a traditional public forum, private persons may display signs expressing non-commercial messages that are within the protection of the First Amendment, without a permit, but subject to: (1) The signs must be personally held by a person, or personally attended by one or more persons. (2) 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 (30) minutes after such meeting is officially adjourned. . (3) The maximum aggregate area of all signs held by a single person is six (6) 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. (4) The maximum area of any one sign that is personally attended by two (2) or more persons is forty (40) square feet, measured one side only. (5) The sign must have no more than two display faces and may not be illuminated, inflatable or air-activated. (6) 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. (7) Provided the foregoing rules are followed, no permit is required for display of signs Exhibit "A " to Town Council Resolution No. 53-2011 Page 3 authorized by this Section. C. Prohibited Sign Display Other than as stated in subsection IV. B. above or subsections VII. B. or VIII below, no private party signs may be mounted, erected, maintained, or displayed on Town Property. Section V. 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. Section VI. Blackie's Pasture Signpost and Blackfield Drive Signpost A. Intent as to Forum In adopting this Section, the Town Council does not intend these signposts to create or designate an open forum for public expression. The purpose of these signposts is to serve as a limited public forum to promote significant community events or Town-sponsored events or messages. Use of the signposts is expressly limited to achieve those purposes. B. Authorized Parties The following parties may use the Blackie's Pasture Signpost and the Blackfield Drive Signpost: (1) Governmental agencies, including the Town of Tiburon, City of Belvedere, Belvedere- Tiburon Joint Recreation Agency, and the Belvedere-Tiburon Library Agency; (2) Tiburon peninsula accredited or licensed schools (pre- kindergarten through 12th grade, both public and private non-profit, which offer instruction that satisfies in whole or in part the mandatory education requirements of state law); (3) Non-profit organizations located on the Tiburon Peninsula with tax exempt status under Internal Revenue Code Section 501(c)(6); and (4) Other non-profit organizations located on the Tiburon peninsula with tax exempt status under Internal Revenue Code Section 501(c)(3) organized to promote the health and welfare of the Tiburon peninsula community. C. Qualifying Events; Signs Limited to Banners; Copy Rules This Section authorizes private party use of the Blackie's Pasture Signpost and the Blackfield Drive Signpost for significant community events that meet all of the following criteria: (1) The event's sponsor is an Authorized Party under subsection B of this section; (2) The event will be located on, or will exclusively benefit, the Tiburon peninsula; Exhibit "A " to Town Council Resolution No. 53-2011 Page 4 (3) If the Authorized Party is not a governmental agency, the public must be invited to the event on the same basis as the members of the sponsoring organization. (4) Permissible signs are limited to vinyl banners meeting established specifications. (5) The Town Manager shall promulgate written specifications regarding banner copy (text and images), including but not limited to size, font, style, legibility and contrast with background. Said written specifications may be amended from time to time. D. Approval Required An approved application is required prior to the posting of any banner. The application form is available at Tiburon Town Hall, and such form shall address items required for submittal, including but not limited to posting fees, signatures, and indemnifications. A banner must comply with the written specifications promulgated by the Town Manager. Requested dates for posting of the banner must be specific. Complete applications must be received by the Town at least thirty (30) days, but not more than one hundred eighty (180) days, in advance of the requested date for initial posting. E. Other (1) The Town will approve applications for qualified events as space allows on a "first come-first serve" basis, but reserves the right to remove or preempt a banner for a larger community event or for Town-sponsored events or messages. (2) Banners will be posted for up to seven (7) consecutive days; however, the Town may elect to keep some banners up longer at its discretion. (3) Only Town employees are authorized to install and remove a banner, which authorization may be delegated at the Town's reasonable discretion. (4) A reasonable fee may be collected to off-set the Town's costs; said fee shall not exceed actual Town costs to process the application and post and remove banners. Section VII. Portable Signs on Town Property and Public Right-of-Way A. A-Frame signs, H-Frame signs, 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 except as expressly permitted under Subsection B of this Section. B. Portable signs are allowed between the hours of 12:30 p.m. and 5:30 p.m. on Sundays and between the hours of 10:00 a.m. and 4:00 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 pursuant to this section must comply with Section 16A-800(d) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code); including as follows: (a) Maximum of three (3) signs per parcel and no more than three (3) square feet of sign area per sign. (b) No illumination (other than ambient light) is permitted. Exhibit "A " to Town Council Resolution No. 53-2011 Page 5 Section VIII. Neighborhood Signs Neighborhood signs. Near any major street entrance to a neighborhood or housing development, the developer or the homeowners' association may install a sign, subject to: maximum height, five (5) feet; maximum length, six (6) feet; maximum area of display face, twelve (12) square feet; illumination, not permitted; copy, permanent image only with no changeable or changing images and no off-site commercial messages. An encroachment permit is required following issuance of a sign permit by the Town. Section IX. 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 that project over the public right of way, or otherwise extend into or over Town Property, are authorized subject to: (1) The sign must satisfy all requirements of the Sign Ordinance; (2) The sign may not project more than six (6) feet from a building face nor project to a distance nearer than two (2) feet from the street curb; (3) The sign must be mounted so as to provide a ground clearance of at least eight (8) vertical feet; (4) The message substitution policy of the Sign Ordinance (Section 16A-210 of Municipal Code Chapter 16A) shall apply to signs authorized by this Section. Section X. Town Expression of its Own Messages Nothing in this Policy limits iii any way the Town's ability to use Town property for the expression of its own messages. Section XI. 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 XII. Enforcement Unless no permit is required pursuant to this Policy, any unauthorized, unapproved, non- exempt sign on Town Pro})crty is subject to immediate removal and impoundment without notice. 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 recovery of Town's costs. Impounded signs, which remain unclaimed after thirty (30) days, may be disposed of in any manner whatsoever at the discretion of the Town. The Town may use the procedure set forth in Business and Professions Code Sections 5-199.1 through 5499.16 as a guide. Exhibit "A " to Town Council Resolution No. 53-2011 Page 6