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Home My WebLink About04-26-2021 Item 1, Sub Corporation n Appeal of Citations 22409 & 22410 City of San Luis Obispo Construction Board of Appeals By the Sub Corporation, LTD. Hearing Date: April 26, 2021 at l :00 p.m. Position Paper Submitted by Appellant the Sub Corporation Appellant the Sub Corporation appeals citations under the San Luis Obispo City ordinance prohibiting the use of banner signs in the City. The appellant requests that the Construction Board of Appeals withdraw, dismiss, or revoke the citations and permit the appellant to continue displaying the subject signs OR instruct the appellant as to how it can express its message through signage at its properties in a manner that complies with the ordinances of the City. BACKGROUND The citations affect parcels of real property located at the corner of Pismo and Higuera Streets in San Luis Obispo that was subject to a devastating fire on December 26, 2015. Since that time, the appellant has been working with the appropriate officials for the City of San Luis Obispo to rebuild and repair the structures on this property. At no time have any of these city officials informed the appellant in any manner whatsoever that the signage placed on the property was a violation of ordinance or otherwise a problem of any nature. The appellant was cited after a complaint was referred to the City. It is our understanding that the complaint was made by someone in the San Luis Obispo Fire Department. NATURE OF SIGNAGE During appellant's investigation of the fire, the appellant found: (1) That an unidentified person started the fire as arson, and (2) That the San Luis Obispo Fire t Department does not fight fires but instead accelerates fires to safely burn down buildings, instead of going inside and putting out the fire. This protects neighboring properties, but always sacrifices the fire victim's property in the name of fireman safety. The signage in question expresses the latter concern and gives a website where people can get more information about the fire and to help identify the arsonist. The text of the sign referring to firemen reads as follows: WHEN FIREMEN CUT HOLES IN ROOFS BUT DO NOT GO INSIDE & TRY TO PUT OUT THE FIRE — IT IS ARSON UNDER COLOR OF AUTHORITY BUT IS WRONG! The text of all three signs is attached hereto as an E�ibit. PROBLEMS WITH ORDINANCE THE BANNER SIGN ORDINANCE IS UNCONSTITUTIONAL The banner sign ordinance is unconstitutional on its face and as applied. In 2015 the United States Supreme Court decided Reed v. Town of Gilbert 576 U.S. 155 (2015) which examined the constitutional sufficiency of the signage ordinances for Gilbert, Arizona. The Court found that the signage ordinances violated the constitutional free speech guarantees of the first amendment. In the simplest terms, the United States Supreme Court tells us that signage ordinances that refer to the content of signage are not compliant with the United States Constitution's guarantee of free speech. After the Reed decision, the City of San Luis Obispo hired Urban and Regional Planners Dyett & Bhatia to review, analyze, and make recommendations concerning the City's signage ordinances. The consultants' report was issued in June 2016. htt�s://www.slocitY.org/homeishowdocument?id=10979 . A copy of the report is attached. Among the numerous recommendations to the City were the following: (1) Avoid content based references or criteria in the signage ordinance, and (2) Provide alternatives in the ordinance that provide for expressions of free speech. Refer to the consultants' report pages 2-10, 32-33, and 43-49. 2 No where in the San Luis Obispo signage ordinances are there stated any alternatives that guarantee free speech expressions. Section 15.40.200 part L is the closest to an alternative but constitutionally fails because it refers to content of the signs. This section fails in several ways to heed the warnings of the consultants and the decision in the Reed case. L. Temporary Signs in Nonresidential Zones. Three nonilluminated nonelectronic temporary signs not to exceed ten square feet for a total not to exceed one hundred twenty days per calendar year. Examples of such signs include campaign signs, real estate signs, or notice of special events. Temporary signs shall not include audio, movement, or other characteristics listed in Section 15.40.>00, Prohibited signs, which would be incompatible with area character and/or create distractions which could inhibit the safe movement of traffic. Temporary signs shall be posted below the roofline of the building and not obscure architectural features or cover windows. (Ord. 1667 § 3(2) (Exh. A (part)), 2019). THE SIGNAGE IS CONSISTENT WITH THE NEIGHBORHOOD AND HISTORICALLY Banner signs are common place in the commercial neighborhood of Higuera Street from Marsh Street to Madonna Road. Attached are photos of such signs as they exist today. The signs subject to the citations in this matter are located where signage has been traditionally located prior to the December 26, 2015 fire. Photos illustrating this are also attached. Just as historical signage on the property was never considered a traffic hazard, the signs subject to the citation in this matter have not created any traffic difficulties or hazards. ARE THE SIGNS SUBJECT TO CITATION REALLY BANNER SIGNS? Banner signs as defined by the ordinance and as shown in most of the photographs of their use in the neighborhood are a form of hanging sign. The signs are attached at both ends, able to blow in the wind, and hang or droop over the ground, street or building face. In fact, the SLO Parks and Recreation Department defines banner signs as: A sign which is installed across a public street, above traffic and is temporary in nature. The signs installed by the Sub Corporation, LTD are securely fastened to the wall at all relevant points to make them an attachment to the wall. The description of a wall sign is more apt than banner. The sign on the Pismo street building is on an existing grandfathered sign that dates back over 75 years. We have only tempararily changed the copy on an existing grandfathered sign and are not in violation of any sign ordinance. 3 PROOF OF SERVICE BY MAIL I am a resident of the County of San Luis Obispo. I am over the age of 18 years of , age and not a party to wit�iin matter. My business address is 2146 Pa.rker Street, Suite C-2, �� San Luis Obispo, California 9340 L On April 15, 2021 I caused the foregoing document described as Position Paper Submitted by Appellant the Sub Corporation with exhibits for Appeal of Citations ' 22409 & 22410 to be served on the interested parties in this matter by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Construction Board of Appeals c/o Community Developinent 919 Palm Street San Luis Obispo, CA 93401 Michael Codron, Community Development Director c/o Cassia Cocina 919 Palm Street San Luis Obispo, CA 93401 By Next Business Day Delivery: I enclosed the document in envelopes provided by a delivery carrier addressed as indicaCed above. I placed the envelopes for collecti�n and delively at an office of the delivery cai-��ier for seivice the following business day. By E-mail: In addition to the foregoing, I caused the aforementioned docwnent to be transmitted by e-mail to the following e-inail addresses: ►-rl�a�� iu�cz�slocity.o� and ccocina(cr�slocity.org . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 15, 2021 at San Luis Obispo, California. , ��Q.�� f�,> Sharliss Fer�is Higuera Sign 1 252.00" � _ _-----_ ___ __----- T -- T AA _ _ -- --- --I I�� C��i �� r �i�v�.�� ir� �cv�� fiD� �i�fiG� I�1SID� & TR� fi� P�Ifi �Ufi1HE FiRE- � IT IS ARS�N U�D�R ��OR Q� �iUTHO�ItY 6UT IS 1��NG! � Area: 12,096" = 84 sq ft Area for type: 50.575 sq ft Higuera Sign 2 _ 240 �r��, SEE WHAT ACTUAIIY HAPPENED AT OUR FIRE 1 � l� 1 � � 0 R !� • �� O LEARN UNPLEASANT TRUTNS ABOUT SLO CITY FIRE DEPARTMENT! C� Area: 14,400" = 100 sq ft Area for type: 72.292 sq ft Pismo Sign 144 �('�" SEE V�N�T �l��t��llY N,APRENED A� ��l� FI�E �1 1�1 �1 �� w �r -� _ . . • . - O LEARN UNPtEASANT �RUTHS ABOUT SLO CiTY FIRE DEPARTMENT! OJ ; Area: 5,184" = 36 sq ft Area for type: 29.967 sq ft Ci of San Luis Obis o �Y p �i�;�l l�e�;ul��tic�rls ��c��.te � � �w� � .� *��`�� , � •� �,ar��N,�, �' � i[.{, , / I � '� � �� / J y'� � ' �• � : ..'. n � � �� 'I� ...� ' .. ._. �_ ...:: v.F� � .. _ , .�. i ' . +�:: �� ..,, J ' _ . � i `� � •� � �. 4 ' .i,.' ¢q� �,� � � .�Azrt _ ^� /'-�/ +✓ � j _� � � � . �Fel �f�t .ir ' � �^3 , � � Y ./� ^ . , r � R �� A `� f: + iTAL 71L4[PI51ttt fll �� j� �Ir �' _� u � _� ,,..�+`��. �., � ' � �~ � :. � ` '�'.� i' �,� �� .��` Nk P�'��'�� ♦ � S �� .�"...�'� } ��. Issues and 0 tions Pa er p p June 2016 Prepared by , � � CITYOF DYETT & BHATIA �,f��'� ��iM.I� OBjS�Q Ur-ban and Regional Planners �� Ci of San Luis Obis o � p . ►�r��l ��u��:�c»ls ��J ��c��t� Issues and 0 tions Pa er p p June 2016 Prepared by . ::�u;��- CITYaF DYETT & BHATIA �,� s��j� �$��{}} Urban and Regional Planners Table of Contents Introduction...................................................•••.................................................................. I A. Background....................................................................•---.......................................................................... I B. Summary of Recommendations..............................................................................................................2 Principles for Sign Controls.................................................•--.......................................... 5 I.I Constitutional Principles....................................................................................................................5 A. Content-Neutral Time, Place, and Manner Restrictions..................................................................5 B. Reed v.Town of Gifbert...........................................................................................................................6 C. Implications for San Luis Obispo from Reed........................................................................................8 1.2 Design Principles..................................................................................................................................9 ExistingRegulations......................................................................................................... 1 I I.I Purpose and Applicability................................................................................................................ I 1 I.2 General Requirements for All Sign Types................................................................................... I 2 A. Setbacks...................................................................................................................................................... 13 B. Sign Location ....................................................•----.................................................................................... 14 C. Materials.....................................................�---�----•--...._...............................................................................14 D. Illumination................................................................................................................................................ I 4 1.3 Sign Types By District..................................................................�----............................................... 16 A. Consolidate District Requirements..................................................................................................... 17 B. Establish Special Downtown Signage Regulations.............................................................................18 C. Revise Standards for Maximum Area of Signage and Number of Signs Allowed...................... 18 I.4 Standards by Sign Type.................................................................................................................... 19 A. Building Signs..............................�-----...............................................••-........--•...--------�-•--•-••---...........----...... 19 B. Wall Signs.................................•--.........................................................--�--•--..............................................20 C. Window Signs..........•••..............................................................................................................................2 f D. Awning Signs.............................................................................................................................................22 E. Hanging and Suspended Signs................................................................................................................23 F. Projecting Signs.............................................................•••..........................................................................24 G. Roof Signs..................................................................................................................................................25 I.5 Freestanding Signs.............................................................................................................................26 A. Monument Signs.......................................................................................................................................27 City of San Luis Obispo Sign Regulations Update B. Pole and Pylon Signs................................................................................................................................28 I.6 Exempt Signs......................................................................................................................................30 1.7 Prohibited Signs.................................................................................................................................31 I.8 Temporary Signs...............................................................................................................................32 1.9 Murals..................................................................................................................................................34 I.10 Historic Signs..................................................................................................................................34 I.I I Administration and Enforcement...............................................................................................35 1.12 Exceptions to Sign Regulations.....................•---.................---------......................------�--•--..............36 I.I 3 Sign Programs.................................................................................................................................37 1.14 Design Review Guidelines............................................................................................................38 1.15 Nonconforming Signs....................................................................................................................39 1.16 Rules for Measurement................................................................................................................40 Appendix: Sign Type Definitions.................................................................................... 43 Issues and Options Draft for Public Review-June 2016 List of Figures Figure I: Graphic Example: Measurement of Sign Area..................................................................41 List of Tables Table I: Distinctions in Sign Types Addressed in Reed v. Town of Gilbert.......................................6 Table 2: Sign Standards by Zoning District........................................................................................ 17 Table 3: Building Sign Standards by Sign Type................................................................................... 19 Table 4: Non-Residential Freestanding Signs.....................................................................................27 Table 5: Residential Freestanding Signs...............................................................................................27 Table6: Exempt Signs..............................................................................................................................31 iii City of San Luis Obispo Sign Regulations Update This page intentionally left blank. iv Introduction A. BACKGROUND The quantity, quality, size, and appearance of on-premise business signs, directional signage and building identification signs in a place have a direct effect on the overall character of the community. They attract shoppers,help visitors find businesses,hotels,restaurants and services,and can also add to (or detract from) a community's charm,personality,and appeal. With these issues in mind, the City of San Luis Obispo is revising its sign regulations to ensure that the City's sign regulations are consistent with community desires to protect and enhance the charac- ter of San Luis Obispo's built and natural environment,as reflected in numerous policies of the City's 2014 General Plan Land Use Element. The project also provides an opportunity to craft regulations that will achieve the City's objective of enacting clear, concise, user-friendly and legally-defensible sign regulations. To ensure that the new sign regulations will accomplish what the City wants,Staff and Dyett&Bhatia, the consultant hired to prepare the new regulations, designed a process to obtain input from those most familiar with the current rules and procedures as well as from the broader community. The first group includes property and business owners, architects, representatives of the sign industry, and members of the Planning and Architectural Review Commissions and the Cultural Heritage Committee,who participated in a series of interviews and submitted written comments.The City has also created a website http://www.slocity.or�/government/department-directoi-�/community-devel- opment/�lanning-zoning/si rg�-regulations-u�date-1720, where the public can receive continuing updates on the project, review draft update documents, find out about workshops and public hear- ings,and submit comments. Public workshops and public hearings will include sessions with Archi- tectural Review Commission and Cultural Heritage Committee before the draft update documents are completed for review by the City Council for adoption. This paper is intended to explore strategies for incorporating desired flexibility in a way that meets citywide objectives for good design while meeting critical legal requirements for sign regulation. Overall,the framework for San Luis Obispo's Sign Regulations,including both standards and proce- dures,is sound.Stakeholders gave the City high marks in comparison to other Central Coast munic- ipalities with respect to both procedures and outcome. They were particularly complementary re- garding provisions that have shifted the majority of decisions to Staf£ At the same time, there were concerns about requirements that do not provide sufficient flexibility. With the City of San Luis Obispo's diversity of land uses,districts,and zones it is difficult to apply a single set of sign standards and expect that they will meet the needs of every user or be the right size for every situation. Most of the stakeholders who provided input for this paper have considerable I City of San Luis Obispo Sign Regulations Update familiarity with City procedures and sign technology as well as design expertise. However, San Luis Obispo has many small business owners who often have difficulty understanding the Regulations and for whom the time and expense of compliance is a burden. The Sign Regulations update provides an opportunity for San Luis Obispo to improve its regulatory framework by addressing these and other concerns and producing a set of equitable regulations that are easier for all code-users to implement. Applying"best practices" for sign regulation in ways that will meet the City's particular needs can help to achieve the community's desire for signs that are appropriate to their specific settings and effectively maintain and enhance San Luis Obispo's charac- ter while meeting the need for adequate communication and ensuring conformance with applicable federal and State requirements.To achieve these objectives,sign regulations need to be flexible while conforming to some basic principles that are discussed in the next section of this report. B. SUMMARY OF RECOMMENDATIONS Based on interviews with stakeholders and City staff as well as a technical review,several themes have emerged. These themes,outlined below,can be used to identify key issues for the update to address. • Increasing clarity about requirements and the basis for making discretionary decisions. • Ensuring that signage is appropriate for and enhances architectural and district character. • Providing increased flexibility that allows for variations in site and building design. • Reflecting current sign technology and promoting energy conservation. • Improving coordination with other municipal requirements and regulations applicable to signage. • Consistency with applicable State and federal requirements including,but not limited to,the U.S. Supreme Court's decision in Reed v. Gilbert. This paper explores several potential changes to San Luis Obispo's Sign Regulations to address these issues. These changes include the following: • Revising definitions to ensure that terms used in the current Sign Regulations and by Staff when reviewing applications appear in the list of Definitions (e.g.,channel letters,can lights, cabinet sign,etc.). • Establishing and clarifying (with graphics) rules for sign measurement that are easy to un- derstand and that accommodates content that does not neatly fit inside a rectangle. • Revising the requirements for window signs to address certain problems,including signs that blocks views into the interior of buildings by covering an excessive amount of window area. • Establishing more specific findings that will clarify bases for approving deviations from standards, including consideration of an approach that allows Staff approval of limited di- mensional variations and requires ARC approval only for more substantial modifications. Revised findings should clearly distinguish adjustments from variances. 2 Issues and Options Draft for Public Review June 2016 • Augmenting provisions for sign programs to include more detail about objectives of sign programs,applicability, and procedures for modification. • Identifying the Director's authority to publish separate requirements concerning the format of and information required in sign permit applications, rather than providing detailed ap- plication requirements in the regulations. • Including a statement of principles for sign regulation that is the basis for making discretion- ary decisions, including approving deviations from standards. Including this statement of principles in the guidelines for signs,as well. • Revising the Signage Guidelines to incorporate principles for sign regulation in order to pro- vide direction to ensure that signage is consistent with the City's aesthetic values. Clearly distinguishing the guidelines from standards. Including provisions in the Sign Regulations that state how Guidelines are used to review applications. Identifying Guidelines that may be more appropriate to incorporate as standards. • Revising provisions for temporary signs as necessary to be consistent with the U.S. Supreme Court's decision in Reed and incorporating provisions that will be easy and inexpensive to implement. Ensuring that Sign Regulations establish a clear and legally defensible public purpose for any type of temporary sign that is subject to a different standard(e.g.,temporary signs located on properties that are actively marketed for sale or lease). • Identifying any signs that are currently classified as temporary but might be categorized as exempt from review if they conform to specific requirements (e.g. building construction signs,way finding signs that identify specific businesses within retail complexes,etc.) • Revising application requirements and other applicable provisions to require design review applications to indicate where signage will be located on buildings and sites. • Improving provisions to clarify requirements applicable to signs on landmarked buildings or within historic districts,with cross-references to other applicable Municipal Code provi- sions,policies,and/or guidelines to improve ease of use. • Revising standards that unreasonably restrict the placement of signs in order to avoid the need for unnecessary variances. Examples of standards to potentially revise include those that restrict the placement of signs to the facade with a public entrance,even where entrance does not face public right of way, as well as standards prescribing the setbacks required for the visibility triangle. • Revising as necessary to ensure that standards reflect current sign technology and promote energy conservation. 3 City of San Luis Obispo Sign Regulations Update This page intentionally left blank. 4 Principles for Sign Controls I . I Constitutional Principles The First Amendment,applicable to states and municipalities through the Fourteenth Amendment, prohibits the making of laws that "abridge the freedom of speech."' The Supreme Court has not in- terpreted this right as absolute. Rather,in certain situations,government restriction of speech passes constitutional muster. In general, municipalities can exercise their police power to regulate signs - which constitute speech - in their jurisdictions. A. CONTENT-NEUTRAL TIME, PLAGE, AND MANNER RESTRICTIONS In order to survive judicial review, sign reg- � : t ... ulations must be content neutral. The most ' '. '+k �� • �� • � �,:_ `y I �� . �r..,�: . ��:�.::�t, : �. . common content-neutral regulations are - -��: '" ':� : ; ; ''` ' :`'. ` . ..+: �•_!., 1� _� "time, place, and manner" restrictions. As � , �� 's �~ ;> -�?, ,' ' f��• i � i .,�. . ��.;r�•.,. the name suggests,these are restrictions that ,r,� �� "�'=�'�.�_..-..f: � ' ' limit the time, manner, and place of the ' � � --ti' ; r'• `�'�" � '� ,�.� ` ;�"�':.�,��.' ' , speech at issue. For instance, time, place, � z� � ,�_..�_.__� �; �, and manner restrictions may include re- '' 1�s �' � 1 - � s,. � . ,,,� .�' strictions on the square footage of a sign, H�� ;:'.>. l `- ' + '�"'" �DN� -i:-�, �'�`��;'� �+� where a si n ma be located, the manner in '��..,... �;._�-�: _;. � �. g Y � y, .t� �. ..��----•_.. '�_ . which a sign is illuminated, and in the case �` ��;. - � ,i �-' � � j;. `;. : »- r +...��";'�t of portable signs, such as sandwich-board � 4:�'� ! � ;�:'�- signs, a restriction on the time they can be � � ,� �,�:,'�'`�� displayed (e.g., only during the operating .,.,�� = . !,•��_4- hours of the business with which they are as- •�'`�..'" '"'"""� sociated). Source:The New Yorker. November 9. 2015 Over the years, the courts have upheld a va- riety of sign ordinances as valid time,place,or manner restrictions. To be upheld as constitutionally valid, such regulations must be content-neutral, serve a significant government interest, and leave open ample alternative avenues for expression. `U.S.Const.,Amdt. I. 5 City of San Luis Obispo Sign Regulations Update B. REED V. TOWN OF GILBERT In June 2015,the Supreme Court broadly expanded upon what it means to discriminate on the basis of content in Reed v. Town of Gilbert.'As this decision impacts most municipalities' sign codes, in- cluding a few provisions in San Luis Obispo's current sign regulations,the case and its implications are discussed below. Majority Opinion Gilbert, Arizona had a sign ordinance that, as the table below shows, treated certain categories of noncommercial signs differently. Table I: Distinctions in Sign Types Addressed in Reed v. Town of Gilbert Maximum Allowed in Right-o f- Numerical Type of Sign Size Durational Limit Way? Limit Temporary Directional Re- 6 ft. tall, 6 Up to 12 hours before 4 per lated to a"Qualifying Event" sq.ft. and I hour after event No property Ideological 20 sq.ft. None Yes None Anytime before election Political 32 sq.ft. and up to 10 days after Yes None The Supreme Court, in a 9-0 decision, held that these distinctions, as adopted by the town, were content-based regulations of speech that could not survive strict scrutiny,and were thus unconstitu- tional. The majority opinion prepared by Justice Thomas reasoned that a regulation is content-based if: • On its face, the regulation "draws distinctions based on the message a speaker conveys," whether by regulating a particular subject matter of speech or defining the speech that is to be regulated by the speech's purpose or function.� • The regulation cannot be"justified without reference to the content of the regulated speech."4 • The regulation was adopted because of the government's "disagreement with the message [the speech] conveys."' z 576 U.S._, 135 S.Ct.2218(2015). 'Id.at 2227. 47d.(quoting Ward,491 U.S.at 791 (1989)(internal quotation marks omitted). 'Id.(quoting Ward,491 U.S.at 791(1989)(interna]quotation marks omitted). 6 Issues and Options Draft for Public Review June 2016 Here, Gilbert's sign code was treated as content-based on its face, because the relevant restrictions "depend entirely on the communicative content of the sign."6 The majority reasoned that: If a sign informs its reader of the time and place a book club will discuss John Locke's Two Treatises of Government �which would make it a "qualifying event sign"], that sign will be treated differently from a sign expressing the view that one should vote for one of Locke's fol- lowers in an upcoming election (a `°political sign"], and both signs will be treated differently from a sign expressing an ideological view rooted in Locke's theory of government (an "ideo- logical sign"].More to the point, the Church's signs inviting people to attend its worship services are treated differently from signs conveying other types of ideas.' As a result,despite the local government's benign,content-neutral motive for enacting the sign code, it failed to survive strict scrutiny, which requires the government to prove that a regulation is nar- rowly tailored to serve compelling state interests.It is exceedingly rare for regulations to survive strict scrutiny;indeed,the test is often called strict in theory,but fatal in fact. Justice Alito's Concurrence Justice Alito,with whom Justices Kennedy and Sotomayor joined,concurred in the Court's opinion, writing separately to provide clarity to municipalities whose sign codes would be called into question post-Reed. It should be noted that, unlike the Court's majority opinion, his opinion is persuasive, rather than binding,precedent;it does not have the force of law. Judge Alito listed the following rules that,in his opinion,would not be content-based and,as a result, would likely survive a constitutional challenge.x • "Rules regulating the size of signs. These rules may distinguish among signs based on any content-neutral criteria,including any relevant criteria listed below." • "Rules regulating the locations in which signs may be placed. These rules may distinguish between freestanding signs and those attached to buildings." • "Rules distinguishing between lighted and unlighted signs." • "Rules distinguishing between signs with fixed messages and electronic signs with messages that change." • "Rules that distinguish between the placement of signs on private and public property." • "Rules distinguishing between the placement of signs on commercial and residential prop- erty." • "Rules restricting the total number of signs allowed per mile of roadway." • "Rules distinguishing between on-premises and off-premises signs." • "Rules imposing time restrictions on signs advertising a one-time event."y 6 Id. 'Id. "Id.at 2233. �It should be noted that a rule imposing a time restriction for a sign advertising a one-time event is,under the analysis put forth in the majority opinion,a content-based regulation.Indeed,as Justice Kagan stated in her opinion,concurring in the judgment: 7 City of San Luis Obispo Sign Regulations Update C. IMPLICATIONS FOR SAN LUIS OBISPO FROM REED Reed clarifies the standard for what constitutes a content-based provision. Based on this standard, sign regulations should not include different treatments based on the sign's message. In response to the Reed decision, San Luis Obispo's Sign Regulations should be amended to include a number of general provisions intended to ensure compliance with the U.S.Constitution and the California Con- stitution. These include an affirmation of the City's policy to regulate signs in a manner that is con- tent neutral.Another necessary provision to add is one stating that a protected noncommercial mes- sage of any type may be substituted for any permitted commercial message, provided that the sign structure is legal. These provisions can protect the City from mistakenly prohibiting the display of a non-commercial message, such as campaign sign, where commercial sign would be allowed. The Sign Regulations should also be amended to include a severability clause, stating that if any specific language or provision in the regulations is found to be unconstitutional, the rest of the regulations remain valid. In addition, it would be advisable for the City to establish consistent standards for temporary signs based on the zone in which they are to be located (i.e. residential or commercial). These standards should not make distinctions based on whether the temporary sign has a commercial and non-com- mercial message or whether the sign is advertising a yard sale in comparison to another commercial message. With these exceptions, it appears that the existing Sign Regulations avoid a number of the trouble- some regulations that may conflict with the Reed decision and other provisions in statutory and case law. Except for rules for gasoline price signs and real estate signs, both of which are provided for in State law, the current regulations do not establish regulations that unreasonably distinguish among uses or impose other restrictions that would be considered content-based message regulation. The justification for some restrictions, such as the prohibition on day-glow painted signs in Section 15.40.300,presumably to avoid creating a distraction or confusion with traffic control signage,could be strengthened to ensure they survive strict scrutiny. Although the Sign Regulations do not include many provisions that are likely to be subject to chal- lenge as content-based regulation, it should be noted that comments from some stakeholders sug- gested that the City may be using its discretionary authority to impose restrictions on the height of letters, the number of business names, and other aspects of content. The updated Sign Regulations should establish procedures to would avoid this as proposed in Section 1.14. Even in trying(rommendably)to limit today's decisian,Justice Alito's concurrence highlights its far-reaching effects. According to Justice Alito, the majority does not subject to strid scrutiny regulations of"signs advertising a one-time event.But of caurse it does. On the majority's view,a law with an exception for such signs"singles out specific subject matter for differential treatment"and"define(s]regulated speech by particular subject matter."Indeed, the precise reason the majority applies strict scrutiny here is that "the Code singles out signs bearing a particular message:the time and location of a specific event." 8 Issues and Options Draft for Public Review—June 2016 1 .2 Design Principles A set of design principles for signage can establish a sound footing on which to base general require- ments and to review proposals for new signs.The principles should also be incorporated in the design guidelines,which could provide examples of how they can be expressed in different types of signage in different locations. One of the most basic principles is that signage must make a positive contri- bution to the general appearance of the street and to the district, which is particularly important in commercial areas. Some other widely accepted principles and policies for signage are: Architectural Compatibility. A sign (including its supporting structure, if any) should be designed as an integral design element of a building's architecture and should be architecturally compatible, including color and scale, with any building that the sign is to be attached to, as well as with sur- rounding structures. A sign that covers a window or that spills over "natural" boundaries or archi- tectural features and obscures parts of upper floors of buildings is detrimental to visual order and will not be permitted. Consistency with Area Character. A sign should be consistent with distinct area or district charac- teristics and incorporate common design elements,such as sign materials or themes.Where a sign is located in close proximity to a residential area,the sign should be designed and located to minimize visibility from adjacent residential neighborhoods and control effects such as spill-over light or glare. Legebility. The size and proportion of the elements of the sign's message, including logos, letters, icons,and other graphic images,should be selected based on the anticipated distance and travel speed of the viewer. Sign messages oriented towards pedestrians should be smaller than those oriented to- wards automobile drivers. Colors chosen for the sign text and/or graphics should have sufficient contrast with the sign background in order to be easily read during both day and night hours.Because the imposition of restrictions on sign colors, fonts, and font sizes may be viewed as a regulation of sign content,such requirements should not be imposed through the discretionary imposition of con- ditions but may be acceptable if incorporated as standards when supported by clear public purpose objectives such as maintaining traffic safety. Readability. A sign message should be easily recognized and designed in a clear, unambiguous and concise manner,so that a viewer can understand or make sense of what appears on the sign.Excessive use of large areas of several colors can create competition for the eye and significantly reduce reada- bility. Visibility. A sign should be conspicuous and readily distinguishable from its surroundings so a viewer can easily see the information the sign communicates. These principles are consistent with the stated Intent and Purpose of the Sign Regulations10 and are also reflected in the Signage Guidelines." The Sign Regulation update is an opportunity to also codify 10 See Section 15.40.110. '�See Section 15.40.470. 9 City of San Luis Obispo Sign Regulations Update these principles as a statement of principles or criteria that are used as a basis for making discretion- ary decisions. Doing so would help to address stakeholders'concerns about the need to spell out the findings and determination required for decisions.Furthermore,providing a clear statement of over- arching objectives for regulating signs is important to ensuring legal compliance. Providing an ex- plicit expression of a set of design principles for signage can help to establish a sound legal footing on which to base general requirements and conduct review of proposals for new signs. 10 Existing Regulations San Luis Obispo's Sign Regulations,located in Chapter 15.40 of its Municipal Code,establish general standards and requirements for on-premises signs as well as requirements applicable to different types of signs and different uses in specific zones. These regulations include a series of general pro- visions applicable to all on-premises signs (Article I) followed by a list of exempt signs (Article II), prohibited signs (Article III) and sign standards (Article IV). Article IV includes both general re- quirements applicable to all or most sign types (e.g. rules for measurement, setbacks, height and lo- cation,illumination,and clearance)and more specific sign standards by zone(Section 15.40.460)and sign type(Section 15.40.470). In addition to providing regulations that establish requirements appli- cable to different types of signs in different zones, Chapter 15.40 also includes Signage Guidelines (Section 15.40.470). Below,these existing provisions of the Sign Regulations are discussed and ana- lyzed. I . I Purpose and Applicability In general, the statement of purpose in a municipality's sign regulations is intended to establish the public purpose for the regulations and identify the significant government interest in the regulatory area. The statement of purpose can also be used to provide a basis for discretionary decisions.Article I(General Provisions)of the existing Sign Regulations establishes both the purpose for Chapter 15.40 and its applicability. The purpose includes a statement that the regulations are intended to regulate the time,place and manner and not the content of the signage. In the wake of the Reed decision,the City should consider whether the Regulations should specifically address its interest in regulating temporary signage and establish any basis for distinctions the provisions make between different types of temporary signs.The update also provides and opportunity to clarify the scope and applica- bility of the Sign Regulations. Article I now includes a relatively brief statement that the Chapter applies to all property and land within the "jurisdiction" of the City of San Luis Obispo. It would likely be helpful to users if the revised regulations offered further detail about the regulatory scope of this Chapter,such as by clar- ifying the Regulations' applicability to the public right-of-way and to any areas subject to specific or other special plans that include different or more restrictive regulations or guidelines. It should also explicitly state whether the regulations apply to property owned or used by the City of San Luis Obispo and other public entities. Article I should also be amended to define signs for purposes of the Sign Regulations and provide a non-exclusive list of items that are excluded from the definition of a"sign."This list should include murals that do not advertise or promote any business and are not general advertising for hire. This II City of San Luis Obispo Sign Regulations Update would replace the provisions in Section 15.40.470(J)of the existing regulations,which state that mu- rals without "text or any specific commercial message.... can be considered public art," but do not include a definition of mural. Other items that could be on this list of items that do not constitute a "sign"are shopping carts bearing the name of the establishment that owns them and certain insignia on vehicles (e.g. license plate frames). These items should be clearly distinguished from signs that are exempt from permitting requirements for reasons such as their purpose(e.g. railroad crossings), ownership (e.g. State agencies), or other attributes (e.g. non-commercial flags that comply meet di- mensional and location requirements). , � � �� .,:;_� i °�' .. �-.. ��^'� � ' -y �� F•�"� o `� , �Y.r}. �- ... �? � �,z''� �� ..�� .r t `,�,�, � ..._ � _f , .�; � � V+�' y�. � .� \;�'�� '►µ .az�p�. � �#� "'i' � ,�� /.� �� ;�� .. � t �..r " `3;��; i , , c��y �� i �: �j'� � k d'. _ �� rT �... � ��..Z .,. ' � + "� -� W� � m y� �, �,�t' �7a�''", � _ =��'� .� "-�` ,� �r k. � �,.. 3� ; r. �__�—+-+ �� g' �� x- '..� ��. : v': a �':"� . .��.',�.� � ,�� .R �� '� � 4 �F�,,w L� f . ::t9 ..: �.__ T�3`� �e � •� k � � �� ,., 9 ,�;. .m"'�'.. , �.::.� � . � � lt wouW be fielp(ul i(the Sign Regulaoons dari�ed dieir Mu►ds that do not indude any speu(K cornmerual rnes- applicabiity to the pubGc right o(way. sage should 6e expressly exduAed(rom the de(inition o( a..�g�.. Policy Questions • Does Section 15.40.110 adequately express the reasons for the Sign Regulations the City has enacted? • Are there other items that should be specifically excluded from the definition of a"sign"? I .2 General Requirements for All Sign Types Article IV of the current Sign Regulations includes rules that are applicable to all or a wide variety of signs regardless of the district in which they are located as well as the sign standards applicable in each of the zoning districts and the standards applicable to different types of signs. This section of the report focuses on the general rules that govern signage in San Luis Obispo,which include Article I (General Provisions) and the first part of Article IV (Sign Standards),which covers rules for meas- urement,setbacks,height,location,illumination,and clearance. The general requirements could include provisions that identify the Community Development Di- rector as the Staff authorized to enforce and administer Chapter 15.40 and should also specify who 12 Issues and Options Draft for Public Review June 2016 has authority for interpreting the regulations.The general provisions should include sections regard- ing message neutrality, substitution of non-commercial messages, severability, and a statement that the distinction between on-site/off-site signage only applies to commercial messages. Requirements like these are particularly important in light of case law. The General Requirements should be amended to consolidate provisions that are applicable to all signs that are currently located in other parts of the existing ordinance. These provisions include rules for measurement(Section 15.40.400),setbacks and permitted sign locations(Sections 15.40.410 and 15.40.420),and illumination (Section 15.40.430). This Article could also be amended to include the requirements for maintenance (Article VII, Sign Maintenance and Abandoned Signs). Most of the provisions in this part of the updated Sign Regulations would carry forward existing rules, augmented with graphics and clarifying text as needed. However, substantive revisions to ex- isting rules on setbacks (Section 15.40.410) and sign location (Section 15.40.420) should be consid- ered based on comments from stakeholders,as discussed below. A. SETBACKS The current regulations establish a"visibility triangle" at intersections. Within this"triangle," signs may not exceed three feet unless the Public Works Director and Community Development Director or the ARC approves an exception based on a determination that the proposed sign will not interfere with the line of sight of vehicles or pedestrians. This requirement generally conforms to Chapter 10.60 of the Municipal Code,which establishes a 3-foot height limit for plants,structures,and other solid objects at intersections not controlled by a stop sign or traffic signal, but authorizes the City Engineer to determine visibility requirements at controlled intersections.1z Section 17.16.020(E)(2)(fl of the Zoning Code incorporates the same requirement and also allows the City Engineer to deter- mine visibility requirements. In this situation and others that are governed by requirements in other parts of the Municipal Code the sign regulations should include a cross-reference that clarifies the City's requirements. Stakeholders expressed concern about the cost of obtaining ARC approval even when there is no evidence that the proposed height would create a safety hazard. Although the current regulations require approval of the Public Works Director if the sign is approved by the Community Develop- ment Director, it is unclear whether Public Works approval is also required if the ARC has to make the decision. Given that the decision must be based on a determination regarding traffic safety, a determination that may not be within the expertise of the ARC,it may make sense to allow approval by the Community Development and Public Works director (or City Engineer) in all cases or to cross-reference Section 10.60.020,which assigns responsibility for the traffic safety determination to the City Engineer. Restrictions on the height of signs,fences,and other features that may obstruct visibility are common, and height limits typically vary from 2.5 to 3.5 feet. There is variation,however,as to how the size of the triangle is measured.In some cases,the functional classification of the street(i.e.,local,collector, or arterial)determines whether the length of the two sides of the triangle is measured along the curb 12 See Section 10.60.020. 13 City of San Luis Obispo Sign Regulations Update line or the edge of the right-of-way.The length of the two sides may also depend on the rype of traffic control at the intersection. San Diego,for example, measures the two sides of the triangle from 15 to 25 feet depending on whether the area is at the intersection of a street and a driveway,a street and an alley, or two streets. The California Manual of Uniform Traffic Control Devices, which establishes Caltrans standards, requires no parking zones 20 feet from the curb return of an intersection. The result is that the triangle at the intersection of two arterials is larger than at the corner of two collector or local streets. B. SIGN LOCATION Section 15.40.420 requires that building signs be located on a building face with a public entrance. The current regulations authorize the Community Development Director to approve exceptions to this requirement when the orientation of the public entrance does not provide sufficient visibility. However, the need for an exception creates additional cost and delays for applicants. Revising the standard to explicitly allow signage to be on a wall that does not include an entrance,subject to com- pliance with all other applicable standards,would meet the intent of the existing rule and allow min- isterial approval of signs in such situations. C. MATERIALS Several stakeholders suggested that the regulations provide more detail about the type of materials that should be used for signs. The signage guidelines provide information about the materials that are appropriate for some specific types of signage,but there are no standards providing requirements for this aspect of design. Signs made of wood, metal or other materials with carved or"applied let- tering" are mentioned as appropriate for projecting signs that are "architecturally compatible" and the guidelines for free-standing post signs state that letter should be "carved, routed or applied" ra- ther than painted. Stakeholders mentioned acrylic or vinyl letters applied to a sign as examples of undesirable materials. The updated regulations should establish basic requirements for sign materials to ensure that per- manent signs are both aesthetically pleasing and durable. This could include a prohibition on using plywood,pressed board,non-exterior wood products,and paper. The regulations may provide more flexibility for temporary signs. Provisions indicating what constitutes appropriate use of vinyl or acrylic letters may be best incorporated in guidelines rather than as standards. The Community De- sign Guidelines (June 2010) state that internally illuminated cabinet signs (can signs) are "strongly discouraged" (p. 80). This advisory guideline could be expressed as a prohibition while allowing approval of an exception when justified. D. II.LUMINATION Section 15.40.030 of the existing Regulations establishes standards and requirements that are in- tended to ensure that lighting for signs do not create glare that is hazardous to pedestrian or vehicle traffic, intrusive and disturbing to surrounding uses, or inappropriate for the district. This section also prohibits illumination when a business is not open or after 10 p.m., whichever is later, and in residential zones (except for directory signs). The existing provisions include some restrictions on ma�cimum illumination levels, which are measured in luxes and foot-candles, which are a generally accepted unit of ineasurement for illumination. 14 Issues and Options Draft for Public Review June 2016 Most of the standards are quantified,which makes it easy to determine whether or not a sign meets the illumination requirements. Others, such as requiring that lighting does not create a hazardous glare,may require a more subjective determination and,as a result,may not always be applied in the same way or in a manner that achieves desired results. Stakeholders also identified situations where signage illumination is inappropriate given the design of other site features.It was also suggested that it would be helpful to refine the definition of sign area to address issues such as spillover illumination that makes a sign appear much larger than would otherwise be allowed. •,;.� � ��fi[�►►"` �-�_ . .�-� � � _. . ��. ��.. �,��: �� -� �'- � j ��`� �� ,;� : � .L� .� �,,,- �: , .� �- � _i�� ,� �t� � � Y - �s ' � �-� ,..�_�- , !� ' , - ,"� •�•-, -.�..� . �� ',r � , �� . , �� __ � . � . M� } �.�M i3 � ��F . . . � q �.,...'k. t ' � � _ � t�,:�,� 4 ;� �:, �,,,� . .w� --...r , ,, k ,�, ,,� _. - . �;.a:_.: .y, } � � � I ,;•.,,, � ; �n„ M . _ �i�� :.. � �. � :. �r �. � is.��(!:�, _ .:a- , ,:. . __ .„ +. � iiiurrur�tiie�;i tiigm, ;u:n u�,Uir un�� tu tnr�ie��(,c un u��.t�:,n,r uriU f��vtiun�iilty[0[fIP SVEEfi I�ICylIlOyO�SO CfEO[f 4 h�Of(ilf t�12y are too bright Several stakeholAers expressed objections to elertronic messoge displays(right). The Regulations include a general requirement that illumination may not create a hazardous glare and that the light source must be shielded from view. The Signage Guidelines do not include any additional guidance for illumination. Moreover, although the existing Regulations allow Electronic Message Centers in al] commercial districts subject to architectural review, there are no additional regulations or guidelines for signage with moving images except for requiring Architectural Review. The Federal Highway Administration and others who have conducted research on the potential ef- fects of electronic moving image signs use the term Commercial Electronic Variable Message Signs (CEVMS) to identify this type of signage. CEVMS is defined as a self-luminous advertising sign that depicts any kind of light, color, or message change which ranges from static images to image se- quences to full motion video. Digital sign is another term used to describe these signs,which use an electrical display, such as a liquid crystal display (LCD) or light-emitting diode (LED), to provide changeable messages or graphics. Several stakeholders expressed objections to electronic message displays and,in particular,those with moving images. In addition to requiring architectural review for any signage containing "moving, rotating, flashing or otherwise animated light or component," the regulations limit the size of an electronic message displays to 10 percent of the total sign area on a pole sign or 8 square feet if 15 City of San Luis Obispo Sign Regulations Update mounted on a building or freestanding."These standards would allow moving images,such as time- and-temperature displays,as well as other types of animation.The type of digital signage that gasoline service stations use would not be treated as"moving images"because the frequency with which price signs are changed sufficiently limited to avoid any perception of flickering or flashing. In addition to dimensional limits,another way to control the impact of electronic displays is to reg- ulate their brightness or luminosity.The brightness standard for these displays can be different from the restrictions applied to traditional illuminated signs because the latter do not usually operate dur- ing daytime.Other standards could regulate the interval between messages,intensity of illumination, and further restrict the types of sites to prevent annoyance such as a prohibition on CEVMS on signs adjacent to or visible from residential districts. The City could also require photo-sensors that adjust light output based on ambient lighting conditions. Policy Questions • Should the Sign Regulations for intersections be revised to allow the Community Develop- ment Director and City Engineer to approve adjustments to the view triangle requirements without requiring review by the ARC? Should the standards be modified to tie the length of the measurement to the street classification,type of traffic control and other factors? • Should the requirement for sign location be modified to specifically allow signage on a wall that is visible from the public right-of-way when there is no public entrance facing the right- of-way? • Should the new regulations include standards for sign materials and specifically prohibit cer- tain types of signs such as vinyl backlit signs or cabinet signs? • Should San Luis Obispo establish more specific standards for illumination? • Would it be a good idea to impose additional requirements on Electronic Message Centers and other digital signs? 1 .3 Sign Types By District San Luis Obispo's existing Sign Regulations establish standards that apply based on the zoning dis- trict in which the sign is located. See Section 15.40.460.The zoning district determines: • Which sign types are allowed; • The total number of signs allowed, either per street frontage (in residential zones) or per tenant space (in non-residential zones); • The maximum cumulative sign area allowed,per tenant space; • Any special restrictions on illumination;and • Any special size restrictions. 13 See Sections 15.40.470(K)&15.40.480. 16 Issues and Options Draft for Public Review June 2016 Table 2: Sign Standards by Zoning District, lists the current signage standards by district and also summarizes the applicable height and bulk standards and types allowed for each zoning district.The table also identifies and cross-references special restrictions regarding illumination and size applica- ble in some districts. Table 2: Sign Standards by Zoning District Total Number of Signs AI- Maximum Cumulative Sign Zoning Distrid Minimum Lot Area/FAR lowed Area Per Tenant Space 6000 sq.ft. and 7 units/acre /5000 sq.ft.and 12-35 All Residential units/acre I/frontage 20 sq.ft. O O�ce 5000 sq.ft and FAR I.5 2/tenant space 50 sq.ft. C-N Neighborhood Com- mercial 6000 sq.ft. and FAR 2.0 2/tenant space 50 sq.ft. C-R Retail Commercial 9000 sq.ft.and FAR 3.0 4/tenant space 200 sq.ft. C-D Downtown Commer- 3000 sq.ft. and FAR 3-3.75 cial w/o bonus 4/tenant space 200 sq.ft. C-C Community Commer- cial 6000 sq.ft and FAR 2.0 2/tenant space I 00 sq.ft. C-T Tourist Commercial 9000 sq.ft. and FAR 2.5 2/tenant space 200 sq.ft. C-S Service Commercial 9000 sq.ft. and FAR 1.5 2/tenant space 200 sq.f[. M Manufacturing 9000 sq.ft. and FAR 1.5 2/tenant space 200 sq.ft. PF Public Facility 6000 sq.ft and FAR I.0-2.0 2/tenant space 100 sq.ft. C/OS Conservation/Open Space/AG Agriculture 5 acres 2/tenant space 50 sq.ft. BP Business Park .5 acre and FAR .6-I.0 A. CONSOLIDATE DISTRICT REQUIREMENTS Stakeholders and Staff have suggested that while it may be helpful to enact separate regulations for the Downtown,the other non-residential districts may not be sufficiently distinct to warrant separate sets of regulations. Districts could be consolidated based on factors that contribute to their desired character such as the scale of development, types of use, and whether their primary orientation is toward pedestrian or vehicle traffic. Just as the current regulations have a single set of standards for the Agricultural (AG) and Conservation/Open Space (C/OS) zoning districts,it is likely that one set of standards could regulate signage in other groups of commercial zoning districts in a way that better reflects the objectives and policies of the General Plan and other adopted plans, without sacrificing the quality of permitted signage. For example, one group might include Retail Commercial (C-R), Tourist-Commercial (C-T), and Service Commercial (C-S) zoning districts that focus on arterial streets and serve the entire community as well as tourists and travelers. Providing standards for groups of zoning districts would have the benefit of enhancing of the usability of the regulations and be in alignment with the recommendations received from stakeholders. 17 City of San Luis Obispo Sign Regulations Update B. ESTABLISH SPECIAL DOWNTOWN SIGNAGE REGULATIONS Downtown San Luis Obispo is the heart of the city; nowhere in the city is design more important. As a result,it may be appropriate to establish a more detailed set of regulations and guidelines intended to maintain the quality and character of signage in the Downtown and its overall aesthetics. These regulations could incorporate provisions that would not be applicable to other areas, such as prohi- bitions on certain materials or certain styles of signs,such as channel letter signs,as some stakehold- ers proposed. Another option would be to allow extra sign area as an incentive to encourage signs that incorporate particularly desirable materials or styles. If the City establishes a sign overlay district for powntown, it would also be appropriate to have design guidelines that are specifically intended to provide additional guidance. The existing Com- munity Design Guidelines establish goals and provide very specific direction, much of which reads like standards for downtown development.The existing guidelines include a section on signs,which is discussed in further detail in another section of this document, and include some provisions that appear directly applicable to Downtown signage.However,the current guidelines do not provide any specific guidance for downtown signage. Guidelines specifically crafted for the Downtown can es- tablish principles for powntown signage and provide photographic examples of signs that would be appropriate and desired in order to provide business owners with a visual idea of optimal signage in the area. C. REVISE STANDARDS FOR MAXIMUM AREA OF SIGNAGE AND NUMBER OF SIGNS ALLOWED The current regulations limit the number of signs per tenant space (in non-residential zones). They also limit the maximum, cumulative sign area per tenant space. These limitations are based solely on the zoning district in which the tenant is located but do not take site design, lot area, building floor area, and other characteristics into consideration. This approach affords some businesses too much signage, particularly if they are located on small sites with one frontage, while others may be at a disadvantage because they are on a large site and/or a site with multiple frontages facing public streets or highways. For instance,under the current regulations,a small business with only 15 feet of frontage,located in the Downtown Commercial zoning district, is allowed a ma�cimum of four signs and a cumulative sign area of 200 square feet,which may result in sign clutter and signage that detracts from building design. On the other hand,a business occupying a 20,000 square foot corner lot in the Tourist Com- mercial zoning district would be allowed fewer signs than the hypothetical small business in down- town; it would be permitted a maximum of two signs and 200 square feet of cumulative sign area under the existing regulations. A different approach would be to establish a sliding scale that relates the number of signs and maximum cumulative sign area to the size of the site, the length of the frontage, and/or the number of frontages that face a public street or highway. As some stakeholders noted, it is best if a sign is proportional; tying the allowable size and number of signs to the site in this fashion would help to ensure signs are right-sized for the specific circumstances. 18 Issues and Options Draft for Public Review June 2016 Policy Questions • Would it be a good idea to revise the standards so they apply to grouping of districts that better reflect characteristics such as the desired scale of development, types of use, and whether their primary orientation is toward pedestrian or vehicle traffic? • Should the City establish a signage overlay district for the Downtown district with additional standards and specific guidelines? • Should the regulations be revised to incorporate a sliding scale or another approach that creates a better fit between the maximum number of signs and sign area per tenant space? I .4 Standards by Sign Type A. BUILDING SIGNS The term "building sign" means any sign that is painted, marked on, or attached to the face of a building wall,window, or canopy attached to a building. Table 3 summarizes the existing standards for all types of building signs. Table 3: Building Sign Standards by Sign Type Type Location Maximum Number Maximum Area Wall All districts on building face with pub- 2/tenant space 100 sq.ft. or I 5%of the building lic entrance face to which sign is attached, whichever is less. 6 sq.ft for changeable copy signs Window All commercial districts within 12 None 24 sq.ft. or 15%of window inches of window face area,whichever is less Awning All commercial districts; at least 8 feet I/tenant space Signs on awnings cannot exceed above public ROW or private side- 25% of the main area of the walk awning or 25 sq.ft. in size, whichever is greater. Projecting Office, Neighborhood Commercial, I/tenant space O: 6 sq.ft. Downtown Commercial, Community C-N, C-D, GC: 12 sq. ft. Commercial, Retail Commercial and C-R, C-T: 24 sq.ft. Tourist Commercial districts; at- tached to fa4ade with public entrance; at least 8 feet above public ROW or private sidewalk Hanging or Sus- All districts on building fa�ade with I/tenant space 8 sq.ft. pended public entrance; at least 8 feet above public ROW or priva[e sidewalk Directory Signs All districts on exterior wall if building I/development site I 2 sq.ft with individual letters has no setback up to 6 inches in height 19 City of San Luis Obispo Sign Regulations Update B. WALL SIGNS San Luis Obispo's current regulations require that wall signs and other sign types be installed on a building fa�ade with a public entrance, regardless of whether the entrance faces the public right-of- way or the building has more than one frontage.'^Several stakeholders pointed out that this has made it necessary for some tenants occupying interior spaces to obtain the ARC's approval for an excep- tion.Because the regulations do not take the size of a site or number of frontages into consideration, the current rules could also be problematic for establishments on large sites or sites with more than one street or highway frontage. In addition,to avoid the need for processing an adjustment for tenants occupying spaces that do not face the roadway,the City could revise the standard to stipulate that wall signs must be on a building face with a public entrance unless the entrance does not face the public right-of-way, in which case the sign may be on a frontage that abuts the public right-of-way. � -_ , ,� .. . a Wp�A`v n,,�,{ i�Y� �ti � r.. . �-� r§y „'9 C`� / w .� "d. d ✓ �( 5 ;.,y , . ' r , • /� �j.y � :, *'a� .�T' � I , ✓ 1"�• �5^E�� r�.i.+V�� ggg �} � Y � � t j qd� �,�� .. � �� „,� � . , ��{m��Y�� 9 ,1� ��;: � � � � i , '�,�� ,� � �,�n r ��, �� «�, .�� ' �� w �, ,r � � � in : F ��if' �� M"'Yi, �a'qd `A4 � . :r4� �n. �t�VI�N@,v' u ' , e � ' . ,.: ., � � : ._.— �' (.�� -,....'L��, { ,, i �}�'•�,� , �� Y�'...�.. - .._'t�dR$. .. � / } `�� r1 .f:�;�!'k y"Gi.�W�"1'�� µ ' . ... . 1. � ;'j s�b�.�.� � �, � � �:�� ;, , .' �. ,:,, , ,�.. A �� k'. " Y � k ,'q°.' . . n��, �. � Y . ��V �� .. i � / � — {t �: .j . . . '� �, . ^,.�. . . . _ .. ' , a.�� . 'w.. .._..._.. _____... � k v . " ___._ _" ; . .�"� 4�.y : - � � : a . ;`T"` " ''. ��r.., �+ '��, . _ � � ` �'��# �� .�7�,�.�' �� r�, � �`� . st �_. ,� � ;�,�+.�r'� �� "� w� �rv F� - �a �� N , ;� �� F� � +. n y 'L b -'.I v�v",ri�. . " • w ��e �;�4 n�fl,. ' na '��r��'t ,� a �� ,, - ,.� � .._. <_: , � ' '` - . � . �a' ,� � �y � , �, , �y. 7 r � � ` � - '�`,r�i��n�,e�u Eb��;m»r� .w_?;�� "`� �+�,�." ,: ,g, .� . .�. , .a _. . _ . . . .::Y... ., . .. '„"��r'e 7'p . e��a ...,, '��,::`w9'3F"F,�i'+,, Curren[iy. wall srgm, ur<�y t��- t� �nuxuutnu ut 1UU .yuare� �re[ ur � � �;�v�r�ut n( the bwldtng (aee where the ii;Kn n �u[�i�he�d, whichever is less. 14 Section 15.40.470(A)(1). 2� Issues and Options Draft for Public Review f une 2016 Policy Questions • Should the standards for sign placement be revised to allow wall signs on frontages that do not have a public entrance when the entrance does not face the public street? C. WINDOW SIGNS Window signs convey information about a business and the type of goods or services it provides,and they can also engage (or repel) pedestrians by the way they define the establishment's personality. San Luis Obispo's current Regulations do not limit the number of individual window signs in non- residential zones or specify where they can be located,aside from a provision stating that any display, graphic, or text located 12 inches or less from the face of a window is considered to be a sign. The Regulations restrict the maximum amount of window area that can be filled with signage to a maxi- mum of 24 square feet or 15 percent of the window area,whichever is less." The guidelines provide additional information stating that window signs "should not obscure the view into a store or place of business"and "should be limited to small graphics and text"that frame a window or provide information. � a��,�y :�..ri!; � �-� t ` a k�ru� �� r � � � <y�� — � �� a :� , �� r� , � w ��ti,� , '.;, ' ��:. - �Ai� � � �«� , �. F ,��,,, , ,.„A '� �1s s _ M,,�,.�� . .. ��: '� � . , -_, ` x , :' �� - eti..� .,` .. s� �., - � -:� . � `� � ' . �k ' �.n' _ 'R �...._... ��'^.J � t� '�^... �'!Y�i� 4 N- .♦ �"� ~;, �°, - i '! '� {� �� ,�,„' , ��` �J�� -.. �� __ �_ r .. � �� ,,`�. � �� :� �� 1� — .�- r.,.. �, -_ „ ,,,r,, �ctinTo�� F-• ",� �.� �f� .� — .� . �,.� ; , �_— „. • � �� .. .s F �; ,�;' v;_�1 � �� ..�" �;r» �� , s�� _ � � . _ Well�esigr�ed wirdow srgns can heip to posluvely defne the churucter u(on es�ablrzl�n�<•nc. �' Section 15.40.470.B.2. 21 City of San Luis Obispo Sign Regulations Update The Sign Regulation update should establish additional , limits for permanent window signage that reflects the direc- tion provided in the existing guidelines. To further prevent '�""�� -- •- ___.:�� - --- out-of-scale signs,especially along pedestrian frontages,the ''=TQf�^s aFc��, r -- :�:.. City should also consider revising the rules and allowances '" � ;: for temporary signage. Requiring inexpensive permits for , � � �`� ��' , _, ` :.� , all temporary signage,as proposed in another section of this � � � � ; �, � , ��_, report,would improve the City's ability to ensure that tem �z```� ' �� '' �''' porary window signs comply with all applicable regula ;�� `��'� .l� M�..:�-aWF�`b� �4n : tions. The updated Regulations should establish a basic . '�'°� °`��` ' "��A'*� '�' area allowance, augmented by additional area for tempo- ll„piuys, ��1�n u� u�r� �„�� ,t��. wiu�i�urr� ��- rary window signs. In addition to the current allowance of ��nore than 12 mches (rom the (ace o( 15 percent for window coverage for permanent signs, the �W;ndow we not considered signs under the updated Regulations could allow an additional 10 percent current regulor;ons. for temporary signs.The City may also want to consider re- vising the requirements to prohibit displays that obscure views into the commercial space. D. AWNING SIGNS Awning signs should be encouraged in places like San Luis Obispo, where they can shield patrons and display merchandise from sun and glare, and also because they can add character to otherwise undistinguished buildings.Although some awning and canopies are constructed as part of the build- ing,because they may also be made of fabric,the regulations and guidelines should include provisions to ensure that they are properly maintained and replaced if they become faded or tattered. The current Regulations allow one awning sign per tenant space in all commercial zones subject to compliance with specified requirements as well as ARC design review for new signs.The Regulations stipulate that signs may not cover more than 25 percent of the "main area" of each awning (a term that it not defined) or exceed 25 square feet in size. There is no restriction, however, on the total number of separate awnings allowed on a building. The Signage Guidelines provide further detail, stating that awning signs are only appropriate if there are no � '� other alternatives for wall,projecting,suspended,or other sign �'�`� �'"�""""`"� types. Moreover,there is no standard or guideline that specifi- � �. '��A "`""a' ,•'� �} �._ �,�;. cally restricts signs that hang from beneath an awning that also �,, � - �,�� '� ,� bears a sign. As a result, some buildings have both awning and `� wall signs and,as shown in the pictures below,this has created � ,# ra a cluttered appearance on some buildings. Several stakeholders ��; fi " ''� ',� also observed that because the design review of buildings does r�'; '?,� �, � *„ not include consideration of where signage will be located, in : r�"� �; _ some cases awnings might be the only alternative available to a =..�,�'°"+ ' business. ��R� �� ;��! _ 22 Issues and Options Draft for Public Review June 2016 � .. � Vi �� / � �� . sJ, � l F 1 .I .�W�t i,. L' �>'� '4r'�. '�y�1� . , � i �X � P :�A. 'Y _::i, � �r0]�+t I� .� . $ � � �'2 'f` � �w_ c �� — *�`�«1'�'� n' r.G'� .s��` � f � �T 4.M � /� . t � r{' � . .�� . .'t `' � � '., p O� �` � �� !k �. "i`� , . . � �� '�`.. f, �;± '� � ,/ � K' ".N''8 C�� - � 4F. P f . � - ' _ ��a ..�a Y*." . . t �.. t':l '. '� �. .. � t f@ r � � 4. �� - .. - � i �b k��- . � r�i_�� .r� ��a .�1 . � ~� 4.. �i�:�`'� �� K:s��" .,�" - ,�t � � , �`yrwi + ,. : 1u.�,, w'�` �1� � � rw � � �c ;{' ' .._ ' .a�� . ,�� . �� •. ��. � � �;!Idings.but�un �ontnbu[e to s�gn clutter i(used ui combmauon with prqecung or suspended s�gns In addition to specifying that awnings and canopies must be 8 feet above the sidewalk, the Sign Guidelines state that the sign lettering and/or logo should not comprise more than 30 percent of the total exterior surface of an awning or canopy. Chapter 15.40 only includes standards for projecting signs on historic structure or in historic districts,which require a minimum clearance of 10 feet for vehicle-oriented projecting signs and 8 feet for pedestrian-oriented signs. Some municipalities re- quire awnings and canopies to be at least nine or ten feet above the surface of the pavement or ground. E. HANGING AND SUSPENDED SIGNS Signs that hang from the underside of awnings,marquees,or covered walkways provide an additional way for commercial tenants to identify their businesses. These signs are a positive addition to the street scene,but, in some cases, may need to be more limited in size. The current Regulations allow one hanging or suspended sign per tenant space. As a result,there may be several signs hanging one from another or under an awning,so long as they maintain at least 8 feet of clearance above the right- of-way or sidewalk. Some stakeholder concerns could be addressed by revisions,such as the following: • Limiting the number of suspended signs within a specific length of frontage; • Allowing only one shingle sign to be suspended from a marquee,covered walkway or canopy, in addition to other permitted signs; • Requiring the sign area of the hanging or shingle sign to be debited against the allowable wall sign area for the premises; • Permitting a maximum size for hanging and shingle signs to not exceed four square feet for a single face area; • Increasing the required clearance for hanging signs to 9 feet;and • Requiring a suspended sign to be directly adjacent to the business to which it refers. 23 City of San Luis Obispo Sign Regulations Update ��;;��=�°»� � � L ,� �.` �` . � ,. � � �';��r-� ' �m. .< ;� ,.. ��",�3� '� � ��,� p /�� '�?. _ ..4-��'q,. .xa��r'" '. aa , . =:°"s� - _ h r ..�.e^.: �� r,� ' aa��""M",�5,� �'�'w��.N .V ��M �r 1i.�$. " � ,."� . -; � . " .. � s '�R �� #�2� 1�.i '.� . .�::..�� q aW.4�;,: y� .riI�IR "�` �.t Fy� -+�+f,� . y , ii f � M1Yt�. .. ��l � � � [�! .;, , x �.M, - :�C`� .��2'i� � �� ., r- .,�� . �w .2� . �� .t `� �t��. -�: �' �L ��,, ,.� � � � -�' � ��1�i k' "�,�� „ �� '� X . r�< ,� i _ � ��,.... �t��. �+r y^ -� � n �:��,, .. , . 5 y y', � A ; � 5 �� M , �' �.. �f� � � �i� � : � §y . � ,.. . yA�'Y 3. y� � .... a�, . � __ _ ; �i � � N,ow �� f"� ,`�.`� � �� °" � �"s `�`� -�2�"4'.�,�',ig'�,�� .„ +�. ' r � ... �k�,'�, .��:,. .r..}��q�i1+�.. Hungmg unu tu,p��n<��•�i si,kn, <<�i� n�� a posiuve addiUon fo Ihe Streef scene an�help pedes(nans nuv��,t�� t�; tur�r �r�t�v+�lyd deslina0on. F. PROJECTING SIGNS �,�� - r,�� s �m`�� ,.t �. Projecting signs can be a helpful and attractive way to identify es �' �'�"' .�'� �„ ��`��.,� tablishments in pedestrian-ariented districts, and they can also be �; �y". � � ` a.� + '� �' f . particularly attractive on older buildings. The current regulations . ,� ;, ,"� allow projecting signs in all commercial districts except for Service �� Commercial (GS) Public Facilities (PF), and Manufacturing (M) '��- � n , zoning districts. ,.¢�"� �.,4 �� --. _ The current Regulations allow a variety of projecting signs. How- � . �` ever, standards that limit the sign area to six square feet in Office �"'� districts and 12 square feet in the Neighborhood Commercial, •��: � •� ' � Downtown Commercial, and Community Commercial districts T �" may preclude some signs that would be appropriate on older build- �� - ,, � � �i ings without an exception. Moreover, the sign area limit would ,� likely prevent marquee signs, such as those on some hotels and en- , " tertainment venues like the Fremont Theater. A marquee sign is a : 4'� � si gn that advertises an event,performance, or other messa ge that is � , ��'�� . � � � � ;`��' dis pla yed on a permanent roof-like structure or cano p y, made of � ,� "` rigid materials supported by and extending from the facade of a � �`�� ` `�` �,�, >�: building. Because of the typically larger size and/or visibility of �� Y� � marquee signs they should, if allowed, require review by the ARC u;' j°v�r!+�` , and could be limited to historic buildings or districts. ;��`::��,�`°. '� * `,f�Y ,:�.� . fi; - k � ,. rr i��r x� ,: +�� •� �f`' � � .�; .�r� � _ ��. 24 Issues and Options Draft for Public Review June 2016 Neither the standards nor the guidelines limit how far a projecting sign may extend from the building wall. The guidelines advise that multiple projecting signs should not be installed within 10 feet of one another on the same property and should be at least 10 feet from projecting signs on adjacent properties. These limits could be expressed as standards that also include findings that provide ad- ditional clarity regarding the circumstances that mav warrant appro��al �f an exception. M��.� ��• .�,. .� . . , � . �,, . , •.. � ; � ;�„"'' 'M ' {� . �� a: � � Y ,� , � , � ", •. . � � ., .� �, - < i (•�� '".9N.�� s�'. C.. (��"�� t��B i� , .y.��.aia�t� ._e�o. �'h �.� �: . �� t� .!�� -��.�F 4 ��5 �� ! VI r �{ �.i,�� .9 �� - . � � .':��°. � ''��,�...�a� -��:�� , � � �y� '�`�"� y4 � t"y _.,.,�,_.�„ z�ta ,� „!�„`,�,�� , ��- �' .Y,��;��'�� ?� '�` �. "A9i'-�.___,____—_ �� The current Sign Regulauons would 6kely prevent d�e installauun o(a n�uryuee s�gn, such as die konic s�gn on the Fr�vnun[ Theater. G. ROOF SIGNS The current Regulations define a roof sign as one"where any part of the sign is on or over any portion of any roof, eave, or parapet of a building or structure," but include no other provisions that either prohibit such signage or indicates where they are allowed. Many municipalities specifically prohibit signage above the roofline, except for signs attached to a mansard roof. Because of their potential impact on the skyline or interference with views of the hills surrounding San Luis Obispo,this may be an appropriate prohibition,with specific exceptions for designated historic structures and build- ings that contribute to designated historic districts. Other exceptions might include situations where the building design does not provide sufficient wall area on a fa4ade below the roof eave. Policy Questions • Should the updated regulations specifically prohibit roof signs except for historic structures or buildings where the design does not offer sufficient display area below the roof eave when such signage is architecturally integrated with the design of the roof? 25 City of San Luis Obispo Sign Regulations Update . ... . ��a�`�� . �v '�,:':`^e, �� .. .,.. �._ oor�rF S� le1�i 'Y�?' ,�R — �� a�; � �y,�, � �.�� - , ��,��- T•.u- �, ,�� r r a �' ' `�" 'R � �� .� ; �� ,�r�`�,�� __ . ,. ,i.�"' �. yp, y� � � � �� r�eJ�b-a t�,4.� x.�dG ��.`�C� ' y ; i'�� ,w...�, �� 4' . , 'r a ' ..�l_�,. � r• �. ..: � . + ,y` _. � �,,y� ��st7'��1U.7 �. � - ''�SS�iu%��j�,R T�-,.." �" ,... .-'�nyFj..f�. :P poqb �- — . s� �..^• �ti,� .. . : " .:w ...,. '. : .. "... '�a: �, ;, �.. ��---" , . '' :. . . .. �-x.! *�st_._ - ____.._._--.............— Sonie nuuucipuliues speulicully prohrGrt vgns abuve die roujluie but make exceptions in certdn instances,such as(or hstoric swctures or where the building design does not provide wffcient area on a(qode below the roo(eave. I .5 Freestanding Signs San Luis Obispo's current Regulations allow several different kinds of freestanding or ground signs that can be generally divided into four types—pole,post,monument,and sandwich-board signs.The regulations further distinguish these sign types by medium (e.g.,electronic message centers),type of use (e.g.,shopping center,residential subdivision),and function (e.g.,directory signs). 26 Issues and Options Draft for Public Review—June 2016 Table 4: Non-Residential Freestanding Signs Use Type Number Maximum Area and Height Monument I per premises, per General:24 sq.ft., 6 ft. in height. street frontage C-R, C-D: I 2 sq.ft.,4 ft. in height. Free-Standing Post 2 per premises, per street frontage Pole I/premises Max. height: I 6 ft. Max.area: 72 sq.ft. Sandwich-Board I/tenant space Max.area: 8 sq.ft. Max height:4 ft. Residential Subdivision I/frontage Max.area: 20 sq.ft. Max. height:4 ft. Shopping Center lden- I/frontage Max height: I 6 ft.,subject to ARC approval tification Flags I/premises Size of flag must be commensurate with the height and di- ameter of the pole, per recommended industry standards. Max height of pole is the same as the max. height for structures, unless ARC determines that additional height is necessary to achieve compatibility. Directory I/premises Max area: I 2 sq.ft. Individual letters may not exceed 6 inches in height. Table 5: Residential Freestanding Signs Type Maximum Height Maximum Area Other Requirements Post 6 feet 20 sq.ft. One per premises in required street yard; external illumination per Section I 5.40.430 Directory Individual letters may not ex- 12 sq.ft. Illumination per Section 15.40.430 ceed 6 inches in height; no height specified for entire sign Residential 6 feet 20 sq.ft. Subject to ARC approval; no internal Subdivision illumination A. MONUMENT SIGNS Section 15.40.470(F)of the Regulations allows monument signs to be located in required street yards in any commercial or public facility zoning district,subject to approval by the Community Develop- ment Director. The current Regulations permit only one monument sign on each frontage for the entire development site, regardless of the number of establishments or tenants located on the site. Monument signs may have up to 24 square feet of sign area on the largest face. Monument signs are restricted to six feet in height (or four feet if located in the Retail Commercial or powntown Com- mercial zoning districts); this restriction, in addition to the limitation on the number of permitted 27 City of San Luis Obispo Sign Regulations Update signs, may be problematic in some circumstances. The Signage Guidelines state that signs should be designed so the style of the sign and its base"are consistent with the architecture of the buildings on the site." Because the height of freestanding signs includes the height of the structure such as a dec- orative stone base, applicants may be inclined to skimp on the height of the structure in order to maximize the area available to display the message. An approach that may improve the utility of monument signs could include maintaining the current height limits but allowing an increase in the height limit based on the distance to the public right-of- way to which the sign is oriented. Another alternative would be to allow more than one monument sign or increased sign area based on the size of the site and/or the length of the frontage. Instead of requiring the ARC's approval of an adjustment to allow such changes,the updated regulations could establish standards that permit an increased number of monuments signs if the site area or frontage exceeds a specified threshold.For example,the Regulations could allow two monument signs on each frontage if the site is larger than six acres and has 200 or more lineal feet of frontage on a major street, as defined in the code. °� � �4�� "�a ; ,s�.,� � �� . � �� s �� ;:�'+F'� ��li . „�„ �"'.�.�.� 7 < .,.�,�.— �;.� , I� � � M� � .�,�r�: �,�i -�.J� � w. � r,� 3�y A �,_�. .3:w- � /Y� � � � � _. ..� ' . _ - __: p - . ... vT` � e:. � �U� , � r� R��'� ��'d� � ��'� , �. �.�� , [ � ! � � ��r1;1 , t \ ,�� 'r�:. .J � �'�#'�;ti��"'�t� �'y�l�#,.?�' + ��^" - .� ' � '�I°& � c� a, g��.-., . . �� `.F� (� . . --s . ..Y� � � ., . � ;'r�� ,1�' � . ,�� '��j'� � '" . .� t, � � �' _ . -� �;- _�� :�,. � _ ��:,�1-.� The Sign Regulauons permrt on rnawment sign per(rontage,r��gurd!<�cs u(the rwn�h�v u( ��,� „��r�,��" , �, ,��n,�rrn iucutr�i on the site. B. POLE AND PYLON SIGNS The current regulations allow pole signs in the Commercial Retail (C-R), Commercial Service (GS) and Commercial Tourist (C-T) zones, subject to ARC approval. However, the Sign Regulations do not define this type of signage. The Regulations also allow freestanding post signs,which are a type of signage that some municipalities would classify as pole or pylon signs because they are supported by two posts or poles. Moreover,the images of"pole" signs in Section 15.40.470(H) depict what is typically defined as a"pylon"sign. A common definition of"pole"sign is,"A freestanding sign supported by one or more exposed poles that are permanently attached directly into or upon the ground."Pylon signs are typically taller than 8 feet and supported by one or more structural elements other than poles, which are either solid monumental structures (i.e. a pylon) or sheathed with materials similar to the design of the sign or nearby buildings. Some municipalities that prohibit pole signs or allow them only on freeway-ori- ented properties do allow the type of pylon and post signs that the code offers as an example. 28 Issues and Options Draft for Public Review June 2016 In contrast to pole signs,freestanding post signs with a maximum height of six feet and a maximum sign area of 20 feet are allowed in all districts including residential zones. � � '6�T' e�.._, �`� 'r� �` 1 � . � � / � . �� r fi s�`1�� ` ' .�. , ' -` ��.� _�t �� ' �L�.s:--�► �`,�,�.��,�,�. _ �.. �i�c� . .M,.�.,,,,,,,�,s, : � � �� -fI3! _ � �� E Aerf�r7ss r«,,. �,�,� �,�, � ' � .. .. ~, , ' �� t��, '� L` �'��"- �: . ' ��..t�� .,�y.�'., � -.-�,......n._.,._.......... i rM�+��„Nyy,��'- � ��; "`'.� - . _. '! ", �'� �,a.. .l��t . .,.al�_>.1f�: .�:r. �.�:�aAt. The above signs would, typicaBy,be characterized as pylon rather than pole signs. Policy Questions • Should the City impose additional restrictions on pole signs to discourage their use? • Where should pole signs be allowed? • Are additional standards needed to improve the appearance of pole signs? • Should pylon signs be encouraged as an alternative to pole signs? • Other Freestanding Signs There are a variety of other types of freestanding signs that the updated Regulations could include such as directional signs,informational commercial signs,and entry gateways. Directional signs that direct or guide pedestrian or vehicular traffic are appropriate especially on sites that have multiple buildings or establishments. These and other incidental business signs that provide information such as hours of operation or the location of restrooms could be exempted from permit requirements if they do not include advertising for hire and adhere to standards for size,height,and placement. The current Regulations include no apparent restraints on these types of signs. Therefore, unless a sign program includes requirements for such signs,they can contribute to visual clutter and detract from the overall appearance of the complexes where they appear. Entry gateways are another type of freestanding sign that most codes, including San Luis Obispo's, do not specifically regulate. Entry gateways like the one on the Pixar campus in Emeryville are most often constructed on large business and institutional campuses as well as some business complexes. 29 City of San Luis Obispo Sign Regulations Update . i �r� `�,,, ; � � . �� v ,:. . . _ � � -..„.. , , . . ..._,,. . - '� R �;" �"`� ' -a•"``�-.� _ te+ . . � i:_ 'I �.'t^ MA •'�� - ��^� i � `�i � �-�,,,. . �C�►.,,��r� .� �r � y - �'= Si�t� -� � x � �� - "';� � � � - -�- — �1'"� `� ��ni��°`s�. _ .r,... a' �� ti=. � � r . . ; _. � ,. __�.�.W_, _ � • r� t � _. - _ _ '�,„� — _ i They are distinguished from entry arches and signage such as the one on the right in San Diego that are installed by a municipality or with its approval in the public right-of-way. Signs may have 3 foot high letters extending across a substantial length of street frontage and as high as 20 feet above the ground. Signs such as this would not conform to any of the previously discussed sign type standards. Gateway signs could be approved with a Sign Program and design review approval by the ARC. Standards need not be set as long as they do not exceed the aggregate sign area for the site. To provide further direction,the Signage Guidelines could be revised to include this type of signage. Policy Questions • Should San Luis Obispo set standards for entry signs? • Are there any other types of freestanding signs that the updated regulations should either specifically allow or prohibit? I .6 Exempt Signs Article II specifically exempts a variety of sign types from the sign permit requirement. The require- ments are unclear in some cases, however, especially with respect to temporary signs and non-com- mercial speech not associated with an election. Although all temporary signs appear to be exempt from permit requirements,the regulations do not make this exemption explicit except for real estate and temporary window signs on commercial properties. Table 6lists these and other types of signs that Section 15.40.200 specifically exempts. 30 Issues and Options Draft for Public Review—June 2016 Table 6: Exempt Signs Sign Category Sign Types Exempted Signs Address Construction Gasoline Price Government Miscellaneous Small No Trespassing Signs Traffic Safety Signs Real Estate Temporary Window Transit Utility Vehicle Policy Questions • Should the City continue to exempt all temporary commercial signs from permit require- ments?Are there any other exemptions in the existing regulations that need reconsideration? • Are there any other types of signs that should be exempt from permit requirements? 1 .7 Prohibited Signs The Sign Regulations prohibit a variety of sign types.16 Some sign types are always prohibited, such as billboards and backlit translucent awning signs. Others are allowed as temporary signs (e.g.,ban- ners), if approved by the Public Works Director (e.g., signs in the public right-of-way), or if posted in an appropriate location (e.g., not on street trees or utility poles). The Sign Regulations update provides an opportunity to determine whether some of the current prohibitions should be main- tained or modified. It also provides an opportunity to consider whether there are additional sign types that negatively impact the character of the city and should be prohibited. Unless otherwise permitted by a specific provision,the following types of signs are prohibited under the existing regulations: • Attention Getting Devices • Banner(except as temporary or intermittent signage) • Backlit Translucent Awning 16 Section 15.40.300,Prohibited Signs. 31 City of San Luis Obispo Sign Regulations Update • Outdoor Advertising Displays and Off-Site • Highly Reflective and Fluorescent • Signs on Utility Poles or Traffic Control Devices • Signs on Street Trees • Signs that Block Ingress or Egress • Signs in the Street Right of Way(without approval by Public Works Director) • Simulated Traffic Signs • Vehicle Signs One type of signage that is not on San Luis Obispo's list of prohibited signs and that some munici- palities prohibit is "commercial mascots." Commercial mascots are persons or animals,whether or not costumed or decorated,that serve or function as a commercial advertising device. These can run the gamut from "sign twirlers" and human sandwich boards to individuals dressed like chickens or the Statue of Liberty. Instead of a complete ban on commercial mascots,a preferable approach may be to impose reasonable time,place, and manner restrictions on them. In addition, it may be appro- priate to clarify that in-person protestors and demonstrators expressing non-commercial messages are not included within the definition of a commercial mascot. Policy Questions • Should commercial mascots be identified as a type of prohibited signage citywide or in spe- cific districts? I .8 Temporary Signs San Luis Obispo's current Sign Regulations define "temporary sign" as one that is "temporary in nature and that is displayed for no more than 45 days in a row, or no more than 90 days within any 365 day period.""The Sign Regulations exempt some temporary signs from its permit requirements, such as real estate signs and temporary window signs.'$ The Regulations also provide that banners, pennants,streamers,spinners,balloons,inflatable signs and other types of"attention getting devices" may be approved as temporary signage in conjunction with a temporary use permit, special event permit, or Architectural Review.'y The regulations also allow temporary banner signs with a sign permit,pending installation of an approved permanent sign.20 Additional provisions for temporary signs appear elsewhere in the Municipal Code,including Chap- ter 2.40 (Election Campaign Regulations) and Title 17 (Zoning). Section 17.08.010 states that the ��Article X(Definitions). �"Sections 15.40.200(H)&(I). 19 Article III(Prohibited Signs). zo Id. 32 Issues and Options Draft for Public Review June 2016 zoning regulations for temporary uses are "not intended to serve the primary purpose of allowing flexibility from sign regulations," requires a sign permit for temporary signs for Christmas tree lots and other seasonal produce sales,and establishes a maximum sign area of 32 square feet.The zoning ordinance also allows temporary signs up to four square feet for garage and yard sales. The current regulations impose the same size restrictions on election and real estate signs (three square feet in residential zones and 10 square feet in commercial zones),but temporary window signs on commercial properties are allowed to be larger(4 square feet of sign area or 10 percent of the each window area,whichever is greater). Moreover,the regulations are silent on other types of temporary signs with non-commercial messages, such as those announcing religious services (which were the subject of the Reed decision) or views on non-campaign political issues. In order to make the rules for temporary signs easier to understand, administer, and enforce and to help ensure that the City's regulations pass constitutional muster post-Reed, it would be preferable to consolidate all the rules regarding temporary signage in one place in the Sign Regulations, with cross-references to related provisions in other sections of the Municipal Code. Restrictions on tem- porary signs should be based on the type of zone (i.e. residential or commercial). They should not distinguish between commercial and non-commercial messages. No distinction should be made based on the content of sign,such as by allowing larger signs for Christmas tree sales than for garage sales when located in the same district.The updated Sign Regulations should require a permit for all temporary signs;that being said,the City should consider establishing an expedited process for these signs when they are not being approved in conjunction with a temporary use, such as a Christmas tree lot. A modest application fee would help the City cover the cost of processing and tracking applications. The procedure could allow for self-certification, where the applicant signs a form acknowledging receipt of requirements and agrees to comply with them,including by removing the signs within the specified time period. Enforcement would be simplified if applicants were required to print the num- ber of the sign permit on all temporary signs, which would allow code enforcement staff to easily check the permit's expiration date. These rules would allow the City to easily and accurately distin- guish permitted temporary signs from those that are not. A new consolidated set of regulations for temporary signs could include provisions that establish: • Permits are required for temporary signs; • The maximum number and size of temporary signs; • What materials are permitted for temporary signs; • The duration that temporary signs can be posted and if/how extensions are handled; • Procedures for temporary sign review and approval Policy Questions • Should San Luis Obispo establish an expedited permit process for temporary signs? • Should the City's requirements for temporary signs be more prescriptive in terms of height, location,and sign type? 33 City of San Luis Obispo Sign Regulations Update 1 .9 Murals The current Sign Regulations establishes rules for murals,Z' which suggests that they are a type of signage. However, the Regulations do not include a definition of a mural to distinguish them from signage. The Signage Guidelines attempt to make a distinction,providing, "Murals that do not con- tain text or any specific commercial message can be considered public art."22 The Guidelines also provide that murals"should not contain text or any specific commercial message."At the same time, the Regulations establish rules for murals,including a requirement for ARC approval. Another approach would be to establish a definition for the term "mural" and to specify that any "mural" is public art and, therefore, not subject to the Sign Regulations. It may also be desirable to specify that a"mural" does not include artwork that uses an image,logo,or trademark to promote a commercial product or service; rather,this will be treated as a sign, and its area will counted toward the total sign area of a project. Such a provision may not provide a sufficient basis for the City to regulate so-called "lifestyle graphics,"which are wall or window signs that do not include a logo or text, but incorporate an image that is intended to promote a business or commercial product. An example would be a mural showing skiers,cyclists,or mountain climbers in the window of a sporting goods store or a picture of fruits and vegetables that covers several windows of a supermarket. Life- style images either portray the merchandise as it is used or"images of related items or models that convey an image conducive to buying a product."�' Policy Questions • Should San Luis Obispo define establish requirements for regulating"lifestyle graphics"as a type of signage? I . 10 Historic Signs San Luis Obispo's Historic Preservation Ordinance establishes regulations for designating and de- molishing historic resources and enforcing the ordinance's requirements.24 It also assigns certain responsibilities to the Cultural Heritage Committee and the Community Development Director for administering the ordinance's provisions. The ordinance includes criteria for designating historic signs.25 It does not,however,include any requirements for the review and approval of either historic signs or signs proposed on properties that have been designated as historic or are contributing prop- erties in a historic district. The Sign Regulation update is an opportunity to clarify the requirements Z' Section 15.40.470(J). ZZ ld.(emphasis added). 23 Patrick M.Dunne et al.,Retailing,Southwestern Cengage Learning Inc.,7�'Edition,2011,p.518.<http://pre- vi ew.t i n yu rl.c o m/h d k uyh j> z4 Chapter 14 of San Luis Obispo's Municipal Code. Z'Section 14.01.055(C). 34 Issues and Options Draft for Public Review June 2016 that are applicable to signs on historic resources or within historic districts,with cross-reference to applicable Municipal Code provisions,policies,and/or guidelines. City Staff have expressed interest in establishing a process for allowing the City to approve the instal- lation of plaques or other signage on designated historical properties and cultural sites. One way to do this is to allow for the display for small,noncommercial signs, subject to specified size limits and other standards,which could include plaques with historical information as well as small signs indi- cating hours of operation or directing patrons to restrooms. The regulations could provide an ex- emption for a limited number of signs with non-commercial messages that covers permanent historic plaques but a regulation that restricts such signage to historic plaques would constitute regulation of content.Such signage could be subject to approval by the Director or the Cultural Heritage Commit- tee based a determination of compliance with standards regarding design and placement. ��,�'�y��,h _� - _ � A f Y�t��,,��' .. z � - � _ �. ;y.� -�,� ; .. � ... •. � � '.g'1 '�d �"� �`� � �'1�"�' � . i� ;��,� �n�: � '. � +� 6r�. � �� • ��' .� �+w x�c '�'.�. ��w,= w..��' � .. �,�,e, r �1"# �J�Y�.f . :;. ae.. : ' x ...:� �. � � �nufP 'i� __ �� "GY � FY,'"'t�� {,u.d `Sxl � fi �` $y9.. � � „ �..�' �. , � �'�"' �+ .7 � g � �,�..�"�, � . ��-� ,�" �i �I" ��; nr� '"r^i�•� a r�' � r " '•s�w' - 'tir � ��` � � f '" —. ... Y � .. � , 4 -��riV3.�.� � � � 1f � � - �, � , .. ... 'iT'� . ,. The S�gn Regulation update is an opportuniry to clar�(y the requirements that ore applica6le to signs on IandmarkeA build�ngs or within historic dstricts I . I 1 Administration and Enforcement Chapter 15.40 has several different articles that establish requirements for administering and enforc- ing the Sign Regulations: 15.40.480. Signs requiring architectural review. 15.40.485. Sign programs. Article V. Sign Permits,Application and Processing Procedures Article VI. Exceptions to Sign Standards Article IX.Enforcement 35 City of San Luis Obispo Sign Regulations Update In addition to consolidating, reorganizing, and, in some cases, revising the existing provisions, the revised Sign Regulations could include several new sections. These would be intended to better ex- plain some of the existing requirements as well as respond to concerns that have been raised about the inflexibility of the existing Regulations and how they are enforced.The proposed new and revised sections are discussed in further detail in the following sections of this report. I . I 2 Exceptions to Sign Regulations The existing Sign Regulations allow the City to approve exceptions when warranted due to unusual site conditions or other factors,subject to approval by the ARC.26 Although several stakeholders rec- ognized the importance of flexibility, most also expressed concerns about the present process, in- cluding the requirement for ARC approval and what they perceive as a lack of consistency in deci- sions. Under the Regulations, granting an exception requires that least one of the following findings be made: • There are exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning,such as,but not limited to: (1)the presence of a legal,nonconforming use; (2)visual obstructions;(3)unusual build- ing location on-site; or (4) unusual building design, architectural style, or historic signifi- cance. • The sign for which an exception is requested is a nonconforming sign that acts as a neigh- borhood landmark or focal point while not disrupting views of prominent community land- scape features. When granting an exception, the ARC or the Director shall require that as many nonconforming elements of the sign as possible be eliminated while allowing its basic form and character to remain. • The exception is consistent with the intent and purpose of the sign regulations and will not constitute a grant of special privilege or entitlement inconsistent with limitations applied to other properties in the vicinity with the same zoning. • The sign exception is for superior design, will not result in visual clutter and is consistent with the intent and purpose of these sign regulations.�' Although the exception process is intended to provide a type of relief that is an alternative to the variance process established in the zoning regulations, these findings are very similar to those re- quired to approve a variance. In order for a variance to be approved, each of the following findings must be made: Z6 Section 15.40.600. 27 Section 15.40.610. 36 Issues and Options Draft for Public Review—June 2016 • That there are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning; • That the variance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; • That the variance will not adversely affect the health, safety or general welfare of persons residing or working on the site or in the vicinity.Z� The Sign Regulation update is a potential opportunity to reduce the number of applications that re- quire exceptions. For instance, revising the provisions that require signs to be on the same frontage as the entrance could reduce the number of applications that need exceptions. Establishing separate requirements for signs on designated historic resources or contributing properties in designated dis- tricts could also eliminate the need for approving adjustments pursuant to the exception process. Other changes the City may want to consider would be to establish a dimensional limit for exceptions (e.g., not exceeding the area or height standards by more than 10 percent) and to provide further detail concerning what constitutes a visual obstruction, unusual building design, or unusual archi- tectural style.Augmenting the required findings in this way may make it unnecessary to have a find- ing that the exception will not constitute a grant of special privilege or entitlement. 1 . 13 Sign Programs The current Regulations are unclear about procedures for review and approval of sign programs or their intended purpose.Sign programs are often an effective way to ensure coordinated signage com- patible with architectura] design in complexes with multiple tenants or structures. The Regulations state that the ARC "may approve" a sign program for a development or property. The Regulations also grant broad discretion to the ARC to allow sign programs to supersede the Sign Regulations' prohibitions as well as its standards. There should be triggers for projects that must submit signage plans,which will help decision makers understand the overall intent for signage and ensure that sign- age is designed to be compatible with the development and surrounding community. Sign programs can also speed up the permit process and reduce time and costs. The Regulations should explain how approved sign programs are used to review signs that are sub- mitted and establish rules for modification of approved sign programs. In most cases, once a sign program is approved,administration can be an"over-the-counter"process.When future tenants are unknown, generic signs can be approved, with details evaluated once tenants are signed up. Some municipalities provide for the approval of sign programs that allow some signs within a development to exceed otherwise applicable requirements as long as the program does not allow signs that the regulations specifically prohibit. Approval of a sign program should require review for consistency with applicable sign guidelines and for compliance with any criteria the regulations establish for granting approval. The updated Regulations could specify which standards can be modified and whether the aggregate limit on total sign area can be adjusted at all. One approach may be to require sign programs to vary 2e Section 17.60.040. 37 City of San Luis Obispo Sign Regulations Update dimension standards by sign type,up to 25 percent,and to allow transfers of sign allowances between sign types,but not allow any increase in the aggregate sign area. Alternatively, the City could allow for adjustments of up to,say, 10 or 25 percent of total sign area upon making certain findings. The Sign Regulations could also allow a sign program to be substituted for sign-by-sign approval in any development with multiple tenants or buildings. Requiring sign programs in such circumstances might simplify the signage approval process for business owners and could also help to achieve more harmonious design. Policy Questions • Should San Luis Obispo establish additional requirements for Sign Programs applicable to all multi-tenant non-residential projects? Should they be required or optional? Should Sign Programs be required or allowed as an option for any building or development with multiple tenants or buildings? • How much flexibility should be provided through a Sign Program? For example,changes in dimensional standards and transfers of sign area from one sign type to another,but no in- crease in the overall sign area"budget"? I . I 4 Design Review Guidelines San Luis Obispo has adopted Signage Guidelines that are embedded in Section 15.40.470 and are, presumably, intended to provide additional information about the City's signage preferences. In contrast to prescriptive standards, guidelines are typically advisory and applied as part of a discre- tionary review process. Chapter 15.40 does not, however, explain how the City uses the guidelines, aside from a statement that the Community Development Director will forward to the ARC any sign or visual device that does not comply with the guidelines. These guidelines do not provide the same level of detail as other design guidelines that San Luis Obispo has adopted or sign guidelines adopted by other municipalities. The Community Design Guidelines,which the City adopted in June 2010,provide guidance on spe- cific design considerations to help designers, business owners, and developers to understand the City's expectations with respect to signs. The statement of intent explains that: The City encourages signs that effectively identify individual business establishments and support public safety and convenience by providinggood directions. The design and con- tent of signs are important in shaping the image of the city in the minds of visitors and residents, and how they feel about the city, and themselves. While in most cases the City cannot regulate the content of signs, and the ARC will not consider sign content in its deliberations, businesses are encouraged to think about how the images and words on signs will affect not only their business interests, but also how they will affect and relate to the attitudes and values of families and children within the community.zy Zy Community Design Guidelines,Section 6.6 p. 78. 38 Issues and Options Draft for Public Review June 2016 An alternative to the current approach would be to consolidate and augment the provisions for signs in the Community Design Guidelines with the Signage Guidelines, which are now incorporated in the text of Chapter 15.40. Expanding the sign guidelines in this manner would allow incorporation of additional illustrative graphics and photographs as well as guidelines that suggest appropriate ap- proaches for different types of buildings. Both the updated Regulations and the guidelines should be revised to clarify that the guidelines are intended to provide examples of techniques and approaches that applicants can use to meet City expectations,but are not intended to illustrate all approaches that may be appropriate on a specific site. If the updated Regulations include a statement of principles for signage, the revised guidelines could also include these. Moreover, the updated Regulations need to make clear that the City may not use its discretionary authority to impose restrictions on the height of letters,the number of busi- ness names, and other aspects of content. Such conditions may constitute impermissible regulation of inessage content in conflict with Constitutional principles. Policy Quesiions • Should the Signage Guidelines that are now incorporated in Chapter 15.40 be consolidated with the provisions regarding signs in the Community Design Guidelines and expanded to provide additional examples,graphics, and other material to assist applicants? • Should the Sign Regulations include more detail about the role of the guidelines and how they will be used in the review process? I . I 5 Nonconforming Signs Under the current provisions for nonconforming signs in Article VIII, signs that were legally estab- lished and continuously maintained before March 12, 1983 are subject to abatement. This require- ment seem inconsistent with the provisions for approving exceptions, which specify that a sign's nonconforming status is a basis for granting an exception to the existing requirements. State law distinguishes nonconforming billboards (i.e. signs with display space for hire) from on-premises signage,which is one reason why many jurisdictions have eliminated provisions for amortizing on- premise signage. Under California Business&Professions Code 5490 et seq.,if a municipality enacts Sign Regulations that are more restrictive and require amortization,it must conduct an inventory of all signs to determine which will be subject to amortization, allow 15 years for the owner to recoup the investment in the sign,or pay compensation based on a 15-year straight line depreciation sched- ule. If the City decides to retain the amortization provisions, it is probably advisable to cross-reference the requirements in the Business and Professions Code rather than incorporating an amortization schedule such as the one in existing Section 15.40.820. Business and Professions Code Section 5495 defines"fair and just compensation"as"compensation which is equal to 1/15 of the duplication cost of construction of the display being removed multiplied by the number of years of useful life remain- ing for the sign...." Another approach would be to retain and modify the requirements to exempt nonconforming signs if the sign area does not exceed the maximum permitted by more than a spec- ified percentage (e.g.,50 percent). 39 City of San Luis Obispo Sign Regulations Update Instead of requiring amortization of billboards,an approach that some municipalities have chosen is to establish provisions for relocating signage pursuant to Business and Professions Code Section 5412. The statute was enacted to enable jurisdictions to implement their policies and regulations "without expenditure of public funds while allowing the continued maintenance of private invest- ment and a medium of public communication." The updated Regulations could also include provisions that provide more specific direction about the type of alterations that can be made to nonconforming signs,which would simplify the process for granting exceptions. The regulations should also provide for routine maintenance and repairs that do not expand any nonconforming feature. Maintenance requirements for conforming signs should be included among the general requirements for all types of signs. I . I 6 Rules for Measurement Article IV (Sign Standards) as well as Article X (Definitions) establish some rules for calculating the area of signs and making other measurements necessary to determine whether a sign conforms to standards. To make the Sign Regulations easier to use, the updated Regulations should include a consolidated set of Rules for Measurement with explanatory graphics in an article entitled General Provisions for All Sign Types. Separate sections should set forth clear rules for calculating the area of single-faced, multi-faced, and three-dimensional signs. The next page includes some examples of graphics that can be used to illustrate the rules. 40 Issues and Options Draft for Public Review—June 2016 Figure I: Graphic Example: Measurement of Sign Area Sign Area=Height x Width —r-�. . __ . _ __.. . . . _ — __. ;...- -- � FRAMED T , _ , = SIGN � ; SPLIT . _ ; LETTE RS � Widch . � Width � --�------------ ----------------------� ��: v �NB � r ; � _ �P � ��----�Q��C�_I��-- ---- -- __ -- . Width i _ Widch � C��R C� � Em6lem 1 � � � _ �or Decal j = v-�� . . Width > • Width r�, y ,�------ ---— '• � - - - ---- - - --- _ ' Odd Shape � ��V�(� _ �- - - - �-- - -- _ _ v�Q�pe II. --Widch —� --.-Widch - . -- _ _ _ __ _._ I Multiple " ° LOGO ` � v = Odd Shope I ElementS ' �_ _+ _ - --' �I. Width� .-.-...__.__.. Width--� 41 City of San Luis Obispo Sign Regulations Update This page intentionally left blank. 42 Appendix: Sign Type Definitions This is a preliminary list of definitions that incorporate and,in some instances,propose revisions to definitions in Article X of the existing Sign Regulations. The proposed revisions are, for the most part, intended to clarify the meaning of terms used Chapter 15.40 but also to remove or revise pro- visions that are expressed as standards or requirements and include them in the appropriate section of the regulations. This part of the regulations should include graphics where necessary to clarify terms such as Channel Letter Sign and Feather Banner that may be unfamiliar to some users. The following text uses underlinin�and��'�R to show substantive changes from the current regula- tions. The followin�words and Qhrases shall have the followin� meanin�s when used in this Chapter. In the event of a conflict between the definitions in this section and in Article TBD, Definitions, of the Zonin�Ordinance,the terms in this section shall apply. A-frame Sign. A portable u�ri�ht, ri�id,self-su�porting frame si�n in the form of a triangle or letter "A". Other variations of such signage may also be in the shape of the letter T (inverted) or the letter H.Also called Sandwich-Board Si�n. FIGURE TBD:A-FRAME SIGN Architectural review. �e€e�s-t�s The architectural review process authorized by Municipal Code Sec- tion 2.48.090. �rR�-a�Architectural Review Commission ARC .�s The Commission with the jurisdiction to perform architectural review,per Chapter 2.48 of the municipal code. When these sign regulations refer specifically to the ARC or Architectural Review Commission, review by the Commission is re- quired. Area of Signs (Sign Area). The area within the perimeter of one or two contiguous or overlappin� rectangles of a size sufficient to enclose the outer limits of any writing,representation,emblem,logo, �ure or character. Sign Area does not include sup�orting structures such as si_gn bases and columns that contain no lettering or gravhics except for addresses or required ta�s. (See Section TBD, Calcu- lation of Sign Area,for specific rules for measuring the area of different sign types.) Attention-getting sign means any sign with moving parts,flashing lights,and/or neon colors,or signs incorporating pennants, streamers, large helium balloons or any similar visual device used for the purpose of drawing attention. 43 City of San Luis Obispo Sign Regulations Update Banner sign.�ea-r�s A flexible sign including Feather Banners and Pennants of lightweight fabric or similar material typically supported at two or more points and hung on a building or otherwise sus- pended down or across its face,or across a public right-of-way.This definition does not include Fla�s as defined by this Article. Billboard.A si�n used for the pu�ose of general advertising for hire when some or all of the display area is used to displa�the messages of advertisers or sponsors other than the owner or an occupant of the property on whose property where the sign is located. Such signs are sometimes called Off- Premises Si�ns or Outdoor Advertisin�. Blade Sign A double-sided sign oriented perRndicular to the building wall on which it is mounted. (See Pro�ecting Sign) Building face.The whole of a building visible in an elevation view,excluding sloped roof surfaces. Buildin Fg rontage As used in this Chapter the linear measurement of exterior walls enclosin i� nte_ rior spaces which are oriented to and most nearly_parallel to public streets,public alleys,parking lots, malls or freewavs. Cabinet Si�n An internallX illuminated si�n consisting of frame and face(s),with a continuous trans- lucent message vanel� also referred to as a panel sign. FIGURE TBD: CABINET SIGN I Chan�eable CoQy Sign A s�n dis�laying a message that is changed by means of moveable letters, slats lights ]i�ht emittin�diodes or moveable background material."Digital signs,""dynamic signs," Electronic Message Centers and CEVMS(chan�eable electronic variable message signs)are all within this definition. Channel Letters Three-dimensional individual letters or figures typically made of formed metal, usually with an acrylic face with an�en back or front illuminated or non-illuminated, that are affixed to a buildin�or to a freestanding sign structure by sliding the letters into channels. FIGURE TBD:CHANNEL LETTERS Channel Letter S�n A s�n with multiple components each built in the shape of an individual di- mensional letter or sXmbol each of which may be inde�endently illuminated with a separate trans- lucent panel over the letter source for each element. Commercial S�eech or Commercial Message An image on a sign that concerns primarily the eco- nomic interests of the message sponsor or the viewin�audience or both or that proposes a commer- cial transaction. Commercial zone.All nonresidential zones,regardless of how the property is actually used. Co�y The visuall�communicative elements mounted on a sign. Also called sign covv. Digital Displa� A dis�lav method utilizing LED (light emitting diode) LCD (liquid crystal disvlav), plasma disklav vrojected images or any functionally equivalent technolo�y and which is cauable of 44 Issues and Options Draft for Public Review June 2016 automated,remote or computer control to change the image,either in a"slide show"manner(series of still images),or full motion animation,or any combination of them. Directory Sign. A freestanding or wall sign that identifies all businesses and other establishments located within a commercial or industrial com�plex or an institutional establishment. Electronic Message Center (Electronic Message Dis�laX). A sign that uses digital display to present variable messages displays by_pro�ecting an electronically controlled�attern and which can be pro- grammed to periodically change the message display. See Digital Displa� - � - — � . 4 _ . I � , ° __ - - � �.-'""--- Establishment. Any legally established use of land involving buildings or structures subject to the Building Code but not includin�permanent residential occupancy uses or residential care facilities. Feather Banner. A tXpe of vertical banner made of flexible materials, (e.g., cloth,�a�er, or�lastic), the longer dimension of which is t�pically attached to a pole or rod that is driven into the ground or supported by an individual stand.Also called a"swooper"or"teardrop"banner.Also known as yuill si�ns or quill banners. FIGURE TBD: FEATHER BANNER Flag. A piece of fabric or other flexible material,usuall�rectangular, of distinctive design,used as a �mbol,which is capable of movement,or fluttering in moving air or wind and which displays a non- commercial messa�e. Freestanding Si�n. A sign su�ported by structures or supports that are placed on,or anchored in,the ground and which are structurally independent from any building including "monument signs", "pole si n�s","�ylon signs"and"ground signs." (Also called Ground Signs). Fuel Pricing Sign. A si�n that indicates, and is limited to,the brand or trade name, method of sale, grade designation and price per�allon of gasoline or other motor vehicle fuel offered for sale on the business premises,and such other information as may be required by county ordinance or state law, such as California Business and Professions Code section 13530 et seq. Frontage.The horizontal distance along a lot line adjacent to a public street, or the side of a lot adja- cent to a public street. (See Building Frontage). 45 City of San Luis Obispo Sign Regulations Update General Advertising for Hire.The enterprise of advertising or promoting other businesses,establish- ments or causes using methods of advertising, t�ically for a fee or other consideration, in contrast to self-_promotion or on-site advertisin�. Hanging Si�n. See Shingle Si�n. Height of a sign.The vertical distance from average grade (ground level) immediately below the sign to the top of the sign including the support structure and any projecting design elements. Illegal sign. Any sign that does not meet the requirements of this e�e Ch�ter and •�•'��'� '�� ~�� , did not comply with a�licable legal requirements at the time it was established. Illuminated Sign. A sign that is illuminated with an artificial source of light incorporated internally or externally. Also called a Lighted Si�n. Major street frontage.Any arterial road shown in the city's circulation element. Mansard Sign. A sign attached below the deck line or princi�al roofline of a mansard roof or similar roof-like fa�ade. FIGURE TBD:MANSARD SIGN Marquee.�A building element constructed of rigid materials su�orted by and extending from the fa�ade of a buildingthat is part of a permanent entryway or entry canopy. •..:�'� ��s A marquee sometimes includes a projecting vertical or blade sign,which may extend above the cornice line of a building consistent with the provisions of this Chapter. FIGURE TBD:MARQEE SIGN Monument Sign. A low-profile freestanding sign erected upon or supported solely by a planter,ped- estal base, or similar ground structure a�proximately the same width as the sign and which is de- signed to incorporate the architectural theme and building material of the building on the premises. Internal su�ports,poles or�ylons,if any,are enclosed by decorative covers or otherwise not exposed to view. Mural. A work ofgranhic art on an exterior building wall that m�or may not contain a commercial loeo or trademark but does not serve to advertise or promote any business,product,activity,service, interest or entertainment and is not�eneral advertising for hire. Non-Commercial Messa�e. A message or image on a sign that directs public attention to or advo- cates an idea or issue of public interest or concern but is not advertising for hire and or does not promote any business,product,activity,service,interest,or entertainment. Nonconforming sign.A sign, which was erected legally,but which does not now comply with these subsequently enacted sign regulations. 46 Issues and Options Draft for Public Review—June 2016 Nonresidential zone is any zone other than the R-1, R-2, R-3, or R-4 zone,including the Mixed-Use Overlay Zone,as designated by Title 17,Zoning,of the Municipal Code,regardless of how the prop- erty is actually used. , , . Off- Premises Sign. A sign that advertises commercial products, accommodations, services or activities not provided in or on the property or premises upon which it is located.The on-site/off-site distinc- tion does not apply to non-commercial messa�es. (See Billboard) Pennant. A device made of flexible materials, (e.g.,cloth,paper,or plastic)that is tXpically triangular or swallow-tail in shape, may or may not contain copy, and which is installed for the purpose of attractin�attention. Does not include pennants used for watercraft si�naling.purposes. Permanent Sign. "Permanent sign" means a sign that is solidly attached to a buildin�, structure, or the ground by means of mounting brackets,bolts,welds,or other combination of attachment meth- ods,thereby rendering the sign non-moveable or difficult to reposition without the use of machinerX, cutting devices,or mechanical devices.Contrast:temporary si� Pole Sign. A freestanding sign that is su�ported by one or more exposed�oles that are permanentlX attached directly into or upon the ground. Post Sign.A low-profile free-standing sign su�ported by_posts that has a single si�n face and is gen- erally oriented�arallel to the public right-of-wa� Premises. �ea�-�A lot or series of lots under common ownership and/or developed together as a single development site,regardless of how many uses occupy the site. Projecting Sign.A building wall si�n,the surface of which is not parallel to the face of the su�orting wall and which is sup�orted whollv by the wall.See Blade Si�n. � r�� r�Y—, `_1�_� � � ,�� , ��,_ � '`jii i r� Public entrance. One or more places of entry to an establishment or premises that are accessible to the general public. 47 City of San Luis Obispo Sign Regulations Update Pylon Sign. A freestanding sign that is supported and in direct contact with the ground or one or more solid, monumental structures or pylons and which typically has a sign face with a vertical di- mension that is greater than its horizontal dimension. FIGURE TBD: PYLON SIGN Real Estate Sign. A temporary sign posted on any property that is bein actively marketed for sale or for lease. Right-of-way. See Municipal Code Section 16.26.330. Roof sign. Any sign su�ported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. Any portion of any roof, eave, or para�pet of a buildin�or structure. Roof si�n does not include a sign attached to a mansard roof pursuant to the definitions of building sign and mansard roof or a vertical sign as defined in this Section. Sandwich-board Si�?n. See A-Frame sign. Shingle Sign.A sign that hangs from a canopy or awning or from the roof of an arcade or passagewa� (See Under-CanoQy Sign.) �'',' � ` � "�`�, , �� ..�� '' - y � r,� . � ,v��€.► . „r, �, �� °� ��'�� „ h� �°�. �s��+ ' � Sign.Any visual device or representation designed or used for the purpose of communicating a mes- sage or identifying or attracting attention to a premises,product,service,person,organization,busi- ness or event,with or without the use of words. Sign Area. . See Area of Signs. Sign face.�The visible portion of the sign, induding all characters,symbols,and structural or non- structural trim or background (e.g., cabinet frame or painted border), but not including the base of a pole sign,monument sign,or free standing sign. 48 Issues and Op[ions Draft for Public Review—June 2016 Storefront. A distinct architectural feature that is immediately accessible from a public sidewalk and consisting of window displays and entry doors to one or more uses. , , •, > , , , Temporary sign. A sign or advertising display constructed of fabric, cardboard, plywood or other light material,with or without a frame that is and that is designed or intended to be displayed for , a short period of time. Tenant's building face.That portion of the building face enclosing the area of the building occupied by the tenant. In multi-tenant buildings with interior tenant spaces,each tenant's building face shall be the proportionate share of the building face enclosing the area occupied by all tenants. Under-Cano�y or Under-Marquee Sign. See Shingle Si�n. V sign. �A sign ee�si�rg-e€ with two,essentially equal,sign faces positioned at an angle�ess-t-�a rather than�arallel to each other. Vehicle Sign.A si�n mounted,attached,affixed or�ainted on a vehicle,trailer or similar conveyance �arked in a position and location for the primar�purpose of promoting any business, product, ac- tivity,service,interest or entertainment. Visibility Triangle. A�enerall�triangular area at an intersection that defines a zone necessary for a motor vehicle driver, bicyclist, or pedestrian to have a clear view of oncomin� cross-street motor vehicle,bicycle or pedestrian traffic or traffic control devices including,but not limited to,intersec- tions of streets,alleys,drivewavs. Window display. A sign with a single face of co�y or an arrangement of inerchandise, including graphics and text that is painted or installed on a�lass window or door or displayed within 12 inches . from the inside of the window, . . , , . , �884}• 49 City of San Luis Obispo Sign Regulations Update This page intentionally left blank. 50 DYETT & BHATIA Urban ind Rc�io�.� Pl�nn�r; 755 Sansome Street,Suice 400 San Francisco,California 941 I 1 f. 415 956 4300 -- 415 956 73 I 5 ��`'�' I -�, -.�' -,� i : l � I -,, _,�`, -� � �� 1 _ . - �_- .'� � _ _ ._._�--.------„----.. r ; .. - �� .�4, . .. . , �� ]� . "'1�w�.��++��...�� _ . , . . . .'. ".. T # _ _ ."��'�'.--."_...._..�..� ' ' . � S � WNEN FIREMEN CUT HOIES INTO ROOFS ' SEE WNAT AC1UAlLV HAPPENED AT OUR fIRE ,,,,�r."�,: BUT DO NOT 60 INSIDE 8 TRY TO VUT OU11NE FIRE- SUBBURNDOWH��O� +�''ff�'yy''�f�`�y`;;',, IT IS ARSON UNDER COIOR OF AUTNORITY-IT IS WRONG! :.iF��`i,i �, – - � .IE�RII UN11E�211M1 TRYTNS�iOUT Sl0 CITV iIRF DEPAR/M[�R. ._� . 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'I � � ._. . � � ' . x ;�~f " Banner and Flag Policy & Procedures , . - ,,,- :�;' �� , , City of San Luis Obispo Banners Definition A sign which is installed across a public street, above traffic and is temporary in nature. Event Definition Any meeting, display, exhibit, parade or show that is open to the general public and takes place: 1. On public property within the City limits and for which the City has issued a permit specifically authorizing the use of said property. 2. On the Cal Poly campus for which Cal Poly has authorized the use of said property. Banners require a Parks and Recreation Department "Banner Application and Permit" and are exempt from the Municipal Code Sign Regulations. 7he Special Events Section of Parks and Recreation Department is responsible for the issuance of banner permits. Purpose and Application Banners are displayed to inform the general public of upcoming community events. Affected City Departments Parks and Recreation Department Public Works Department (Parks& Urban Forestry Division) Finance and Information Technology Department Banner Palicy 1. A banner may be displayed only to announce an event. SLO Downtown Association holiday decorations may be displayed in lieu of banners during the months of November and December. 2. Banners shall use the following format: (a) The name of the event shall be printed in the largest and boldest type. (b) The location and date shall be printed in a type size smaller than that of the event. (c) The name and/or logo of the non-profit organization sponsoring the event may be displayed in a type size smaller than that of the date and location. (d) Other message or statements are strictly prohibited. Page 1 of 5 � . :� -', i, - �.` � �� Examples: An Old-Fashioned Fourth of July July 4th Mission Plaza City of San Luis Obispo Rib Cook-Off Thursday Night Farmers' Market SLO Downtown Association SCOUT-A-RAMA Mission Plaza August 12`n Boy Scouts of America 3. Banner wording shall be approved by the City prior to issuance of a banner permit to insure consistency with this policy. The approved wording shall be in the form as shown above and plainly stated on the banner permit. Existing banners which meet the intent but not exact form as shown above shall be allowed until replaced or changed. Deviation from the approved wording is cause for the City to either refuse to install or to remove any banner. 4. Banners shall be installed for a period of one (1) calendar week. A single banner or multiple banners advertising the same event shall not be hung in consecutive time slots. a. Major events or festivals of at least two weeks'duration may be allowed a banner at a single location for a two-week period(no greater than 16 calendar daysJ if it is demonstrated to the satisfaction of the Parks and Recreation Department that the major event or festival has at least ten(10) prescheduled activities or concerts(broadly publicized and open to the general public for a fee or freeJ extending over a two-week period. 5. Banners shall be installed and removed by the City's Parks and Urban Forestry Division. 6. Banners shall be installed and removed on Mondays; if Monday is a holiday,the banner will be removed the next working day. NO EXCEPTIONS! 7. A banner permit fee ($181 per week; subject to change) will be charged which is representative of the City's estimated cost associated with the installation/removal of banners. (Note: All fee updates are processed through the Director of Finance and Information Technology and approved by resolution of the City Council). 8. The San Luis Obispo Downtown Association is partially sponsored by the City of San Luis Obispo. Therefore, all fees charged to the SLO Downtown Association will be fifty(50) percent of the normal fee. All banners installed for an event or non-profit organization which is financially co-sponsored by the City or SLO Downtown Association will be charged fifty(50) percent of the normal fee. Events which are solely City-sponsored events will not be charged a fee. Page 2 of 5 �= �:```��'� i -t� -1 �� i __��, � 9. Banner Specifications: a. Maximum Banner Size: 4 feet high x 24 feet long b. Minimum Banner Size: 3 feet high x 8 feet long c. Recommended Banner Size: 4 feet high x 15 feet long d. Banner Composition: i. Banners shall be constructed of a fabric which will be able to withstand typical weather conditions. ii. Banners shall have wind relief cuts, 1 foot on center(4 inches x 4 inches, horseshoe cuts). iii. Grommets must be placed at the top and bottom of the banner and from each corner and spaced every two feet from each other. Each corner must have a grommet and the corner must be reinforced. Grommets must be place within 1 to 2 inches of the borders. iv. Banners with missing,torn or ripped out grommet pieces WILL NOT BE HUNG! v. Each corner shall be quadruple-stitched for 1 foot from each corner and across the support lines. 10. Banners are to be delivered to the City's Corporation Yard, 25 Prado Road, by 12:00 noon on the Friday before the banner is scheduled to be hung(if Friday is a holiday,the last business day before the holiday). If the banner is not delivered on time,the City will not hang the banner and the permittee will forfeit the banner fee. 11. Banner event name must be written in marker on both ends of the reverse side of the banner. 12. All banners must be picked up from the City's Corporation Yard within 2 weeks after the banner is removed from the downtown location. Unclaimed banners will be discarded. Banner Submittal Procedure By the third week in December of each calendar year, a schedule for the upcoming year of SLO City and SLO Downtown Association banners shall be established. All City Departments wishing to reserve a banner locations and time shall do so by first week of December.The SLO Downtown Association wishing to reserve a banner location and time shall do so, in writing, prior to the second week of December with the Parks and Recreation Department. Once all initial City and SLO Downtown Association banners are reserved, all other banner requests (including subsequent City and SLO Downtown Association banner requests) shall be reserved on a first-come,first-served basis starting on the last Wednesday of December(excluding holidays). NO EXCEPTIONS! Groups making a request to hang the same banner at a second location will be given consideration after all initial public requests have been processed in early January. Banner applications received after the initial request period will be processed on a first-come, first-served basis and if space is available. Upon receipt of a written request to hang a banner,the Parks and Recreation Department shall verify that the proposed banner complies with City policy and specifications. If staff is uncertain whether a banner complies with City policy, the matter shall be referred to the Parks and Recreation Director for review/approval. Page3of5 • -�� . ,� , �`'� I'��J'i -.�.�s%_ `�/.' �`.............___�/ A"Banner Application and Permit"shall be completed and issued and ail appropriate fees collected before any banner is installed. Banner applications are all completed online at: https://apm.activecommunities.com/sloparksandrec After a banner permit is completed, a copy of the permit is given to the permittee and one copy is filed in the Banner Permit File. A banner schedule is provided to the City's Urban Forest Technician. At the end of each calendar year,the banner schedule(calendar)and issued permits are removed from the Banner Permit File and placed in an archive file in the Parks and Recreation Department until disposal. SLO Downtown Association Flag Contract Flags in the Downtown core fall under the sole jurisdiction of the SLO Downtown Association and are subject to the guidelines described below. Flag Definition A decorative sign hung vertically from horizontal supports attached to a City street light in the downtown core. Purpose Flags are disptayed to inform the public of upcoming events and/or decorate the downtown in conjunction with an organization's downtown event. Flag Policy 1. A participant must be a nonprofit (501c3) organization or other eligible not-for-profit organization. 2. The event or activity promoted on the flag must occur in the SLO Downtown Association district or promote the SLO Downtown Association goals and programs of promotions and beautification. 3. The name of the event or activity shall be displayed on the flag and may also include date and agency. No other messages, statements, names or paid sponsors' logos are allowed. Example: Clean Air Month July Air Pollution Control District Page 4 of 5 f \ �.. ,�y� \ � 4 r`�-1 \ `��e� � —/. 4. All participants must purchase products and services through the SLO Downtown Association program. 5. All sponsoring organizations must sign a contract for a specific period of time during the year, not to exceed six weeks, and this period of time may be reserved for up to three consecutive years, as determined by the SLO Downtown Association, at which time the application may be renewed. 6. When a contract is not renewed by an organization, all local non-profit agencies will be provided an opportunity to apply for the vacancy, pursuant to the terms of the policy. 7. All participants' artwork and messages will be subject to approval by the SLO Downtown Association to insure consistency with the policy. 8. Any art changes to flags will be billed to the permittee. 9. The Downtown Association is responsible for coordinating installation of all flags in the downtown area Flag Submittal Procedure Organizations shall apply to the SLO Downtown Association at any time during the year. Applications will be reviewed by the SLO Downtown Association Design Committee and are subject to acceptance on a first-come,first-served basis. Applications are available at the SLO Downtown Association office located at 1108 Garden Street, Suite 210. If accepted, a permit will be issued with one copy given to the permittee and one filed at the SLO Downtown Association office. Page 5 of 5