MEMORANDUM
August 8, 2024
TO: PLANNING AND DEVELOPMENT COMMITTEE
Manpreet Kaur, Chair
Bruce Freeman
Bob Smith
FROM: Phillip Burns, Development Services Director
SUBJECT: Review of Sign Ordinance in Commercial Centers and Enforcement of Sign standards
BACKGROUND
During public statements a t the May 22 , 2024, City Council meeting , two individuals spoke regarding feather banner signs.
Bill Sandrini stated that he owns a multi-tenant shopping center at 1400 Calloway Drive (The Plaza on Calloway). In approximately December 2023, one of his tenants was flying a feather banner when City Code Enforcement instructed the business owner to remove the sign since it was a violation of the ordinance. The banner was removed; however, replaced several months later and Code Enforcement once again instructed the owner to remove it . Mr. Sandrini requested the sign ordinance be looked at because it is written in a manner that is against small businesses in Bakersfield and enforcement is inconsistent.
Rocky Escobedo, owner of the Northwest Barber Shop at The Plaza on Calloway stated that approximately 40% of his business has decreased since the feather banners were removed. Mr.
Escobedo also stated that other businesses throughout Bakersfield have feather banners flying and there should be consistency.
Councilmembers Bob Smith requested to meet with staff and identify if there were solutions to the issues raised. Councilmember Patty Gray requested staff meet with Mr. Sandrini and Escobedo and identify solutions since there appears to be a double -standard and inconsistency with Code Enforcement. Vice - Mayor made a referral to Planning & Development Committee to revisit the sign ordinance. Additionally, the referral was to look at the current policy of enforcement being complaint -driven since that has a perceived feeling of being a double-standard and identify alternative practices to employ enforcement in the future.
FOLLOW-UP ACTION
Following the City Council meeting, s taff met with Councilmember Smith and discussed existing options under the current sign ordinance. Separately, staff met with the property owner and business owner to discuss options. In part, the issue is the design and placement of the buildings that limit the street frontage exposure to those businesses furthest away from Calloway Drive. While there are options, f eedback provided to staff was that these options do not provide the desired outcome.
SIGN ORDINANCE - PURPOSE
The stated purpose of the sign ordinance (Bakersfield Municipal Code Chapter 17.60) is to promote the growth of the city in an orderly and attractive manner and to provide standards to safeguard life, health, property and public welfare by regulating and controlling the type, number, area, height , quality of materials, construction, illumination, location and maintenance of all signs and sign structures. The sign regulations are intended to accomplish the following results (not all inclusive):
1. Promote and maintain healthy commercial centers and p roperty values for effective identification and communication of the nature of goods and services and avoidance of wasteful and unsightly competition in signs.
2. Attract and direct persons to various activities and enterprises, in order to provide for public convenience.
3. Provide a reasonable system of sign control throughout the city.
4. Encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing.
5. Encourage a desirable urban character.
6. Enhance the economic value of the community and each area thereof through the reasonable regulation of such things as type, number, area, height, location and illumination of signs.
7. Encourage signs which are harmonious with adjacent land uses and to encourage architectural compatibility.
8. Reduce possible traffic and safety hazards through good signing.
SIGN ORDINANCE - STANDARDS
To achieve the intended purpose, sign standards are primarily based on zone district of the property, location of the property (i.e., Auto Mall), or nature of development (i.e., shopping and business centers) and include, specialized signs, exempt signs, and prohibited signs.
Zone District & Location
The sign ordinance contains a matrix identifying the types of signs permitted in each zone district and within the Auto Mall area regardless of the zone district. For reference, The Plaza on Calloway is located in the C -2 (Regional Commercial) zone and the matrix for that zone is included as Attachment A. This matrix provides for the sign type, sign style, maximum number, maximum area, maximum height, illumination options, any special location restrictions, and clarifying remarks.
Shopping and Business Centers
The comprehensive sign plan is a program that may allow developers or business owners of a shopping/business center to request special consideration of signs that are specifically integrated into the overall architectural style or theme for that project. Because signage can play an important role in the overall site design in order to set it apart from other similar projects, a comprehensive sign plan can create an effect both desired and unique that will enhance the overall environment of the development.
However, it is not the intent of this section to be used to request relief of the sign regulations in order to circumvent any requirements or purpose of this chapter.
Specialized Signs - Special Event
Special event signs can be used as a means of publicizing events such as grand openings, carnivals, parades, charitable events, community holiday activities, and other such events. Special event signs shall be limited to the following provisions:
1. Signs shall be limited for each business to 60 days a calendar year. This time may be utilized in any combination of durations; however, the number of special events shall not exceed 8 a calendar year, and no single event shall exceed a duration of 15 consecutive days.
2. Balloons and inflated devices provided they do not exceed a height of 100 feet, search lights, beacons, pennants, flags, banners and streamers may be allowed subject to approval by the building director.
3. Copy on a banner or balloon shall not exceed an area of 100 square feet, and may include the name, symbol or logo of the business or sponsor, but in no event shall such name or logo exceed 1/4 of the total permitted copy area.
4. Signs may be illuminated and contain movement upon approval.
Exempt Signs
Certain signs are exempt from the sign ordinance and only require the necessary building permits. This includes the following (not all inclusive):
1. Business or merchant directory provided not exceed ing an area of 16 square feet and height of 6 feet.
2. Directional or informational signs such as entrance/exit signs, open/closed signs, signs indicating business hours, and similar such signs, provided they contain no commercial advertisement, and not exceed 6 square feet in area and 6 feet in height.
3. Holiday decorations, in season, displayed for an aggregate period not to exceed 90 days per calendar year.
4. Interior signs within a public or private structure, not intended to be seen from a public street or adjacent properties.
5. No trespassing, solicitation, hunting, minors, and similar such signs, provided they do not exceed 4 square feet in area and 6 feet in height.
6. Official and legal notices issued by a court, or governmental agency.
7. Promotional signs by the city of Bakersfield that promote or advertis e city -wide celebrations, awards, recognition, or other events.
8. Public utility signs placed by public utilities for the safety, welfare or convenience of the public.
9. Commercial vehicle signs on licensed commercial vehicles; provided, however, that such ve hicles shall not be utilized as parked or stationary outdoor display signs.
10. Taxicab signs as authorized and approved as to size, form and contents by the city manager.
11. Advertising signs that are in or on public buses as permitted by the city council.
Prohibited Signs
The following signs are specifically prohibited except as specified in Chapter 17.60:
1. Animated, moving, revolving and rotating signs.
2. Banners, flags, pennants and balloons.
3. Bench signs.
4. Electronic message displays.
5. Flashing, blinking, and reflecting signs.
6. Outdoor advertising signs.
7. Permanent “for sale” signs.
8. Portable signs including A-frame signs.
9. Projecting signs.
10. Roof signs.
11. Signs which may interfere with, mislead, or confuse pedestrian or vehicular traffic.
12. Vehicle Signs.
CURRENT CODE ENFORCEMENT PRACTICES FOR PROHIBITED SIGNAGES Code Enforcement sections currently address sign violations both by complaints and proactively. Sign violations are a low priority and proactive enforcement historically has been limited to violations related to prohibited signs and sign location restrictions. Examples of these types of sign violations are included in Attachment B. Staff focus most of their efforts within major corridors throughout the City removing signs primarily cheap paper/plastic signs taped, tacked, nailed or otherwise attached indiscriminately to utility poles, traffic signs, freeway/canal fencing or staked into the ground with wire stands within the median, landscape areas within the public right-of ways. These signs are typically off premises of the services or events advertised.
Businesses maintaining on premises prohibited signs or signs in restricted locations on the commercial properties are addressed reactively in response to a complaint or referral sent to Code Enforcement.
Many times, the prohibited signs are located within the city right-of-way (sidewalk, landscape areas and medians) which is also an encroachment violation. In some locations the prohibited signs encountered are traffic hazards. The complaint may be against a single location. Upon investigating the complaint staff may proactively address multiple other locations within proximity for the same or similar violations.
Enforcement activities have been limited to issuance of corrections notices to the property owner and/or business with follow-up inspections to verify compliance. Staff also provide education and awareness through a brochure and guide them to staff with the Planning Department to assist with their signage needs and the requirements to comply with the Municipal Code. Currently, failure to comply following the issuance of a correction notice has resulted in additional attempts to educate and seek compliance with additional visits from staff.
Code Enforcement has not imposed criminal action or administrative fees for these sign violations to date.
CONCLUSIONS
City staff continues to take steps in educating business owner s on the signage regulations along with working with business owners on ways further to promote their business. There is a delicate balance between providing adequate signage that is in harmony with our development and creating more of a distraction that reduces desired character. Staff feels current code does provide more than adequate signage opportunities for most center. However, a minor comprehensive sign plan for small centers and additional time for promotional signs could be researched and brought back to this committee for further discussion.
NEXT STEPS
Staff will take the direction of the Committee. Potential options include:
1. Direct staff to research minor comprehensive sign plan for small centers and additional time for promotional signs to our comparable cities and bring back to committee.
2. Direct staff to research topics within the sign ordinance to our comparable cities and bring back to committee.
3. Provide Alternate direction to Staff.