1 DATE: April 15, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Monica Ly, Planning Manager
James Atkins, Senior Planner
DEPARTMENT: Community Development
SUBJECT: AMEND TITLE 15 BUILDING AND CONSTRUCTION AND TITLE 17 ZONING OF THE FOSTER CITY MUNICIPAL CODE, BY
REPEALING CHAPTER 15.12 SIGN CONTROL AND
REPLACING IT WITH A NEW CHAPTER 17.59 SIGN CONTROL
(RZ2024-0004)
RECOMMENDATION
It is recommended that the City Council introduce and pass to second reading the Ordinance (Attachment 1) amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control, and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
EXECUTIVE SUMMARY
Chapter 15.12 Sign Control was originally codified in 1989 under Title 15 Building and Construction of Foster City Municipal Code. The Chapter contains general regulations for signs including rules and regulations for the erection, display, safety, and maintenance of signs.
2 Since the sign ordinance’s adoption in 1989, there have been a few amendments, including in the years 2006 and the most recent amendment in 2022. The last two (2) amendments were related to temporary noncommercial signs.
In this amendment, staff is proposing a comprehensive update to the existing ordinance to ensure that sign regulations continue to balance the interests of various stakeholders with the need to preserve the visual character and safety of our community. The comprehensive update also aims to improve the sign permit review process and enforcement of regulations for new and existing signs.
On March 7, 2024, the Planning Commission held a study session to review the draft amendments to Chapter 15.12 Sign Control, and the new draft Chapter 17.59 Sign Control, and solicit feedback from the public. See link to the meeting details.
Subsequently, on March 21, 2024, the Planning Commission held a public hearing to review additional draft amendments to Chapter 15.12 Sign Control and the new draft of Chapter 17.59 Sign Control. At the meeting, the Commission voted 4-0-1 (one absent) to adopt Resolution P-06-24, (Attachment 3) recommending to the City Council to adopt an ordinance to amend Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control, and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3). See Meeting Minutes for March 21, 2024, Planning Commission meeting (Attachment 4). See link to the meeting details.
BACKGROUND/ANALYSIS
The Foster City Municipal Code contains general regulations for signs in Chapter 15.12, Sign Control, and requires permits for certain signs.
The City’s General Plan Land Use and Circulation Element includes goals and policies for Economic Development. The General Plan specifically calls out signage as a part of enhancing existing retail centers & opportunities.
LUC-I-1-a Enhance existing retail centers & opportunities. Promote retail opportunities through coordinated sign guidelines and way-finding programs to create a “sense of place” in older shopping centers.
Signage constitutes an integral aspect of the urban landscape within the City, serving economic functions such as enhancing business visibility and fostering brand recognition.
Additionally, signs play a crucial role in offering directional assistance, regulatory information, and general guidance. As a result, signage is highly regulated to ensure a balance in the interests of various stakeholders with the need to preserve the visual character and safety of our community. In this comprehensive update, staff is proposing to achieve these goals while also improving the sign permit review process and enforcement of regulations for new and existing signs.
3 COMMUNITY OUTREACH
Prior to proposing revisions to the sign regulations, staff conducted comprehensive community outreach. Staff solicited feedback from the businesses and residents through two (2) surveys. The surveys were published on the webpage from January 19 through February 22, 2024 (see Attachment 3 in this link for survey questions). Furthermore, staff held open office hours for anyone interested in learning more about the sign regulations and the proposed revisions.
In total, staff received 37 responses, seven (7) from businesses and thirty (30) from residents.
Responses from businesses:
•All of the responders noted that they are aware that a sign permit is required prior to installing new signs or changing existing signs.
•Two (2) out of seven (7) responders noted that they are not aware of sign regulations. •Four (4) out of seven (7) responders noted that they faced challenges related to compliance with sign regulations.
•One of the responders noted the City’s failure to enforce oversized signage and one of the private schools noted their difficulty with temporary signs and the rigidity of sign regulations.
•Out of seven (7) responders, three (3) noted that the amount of signage is too little, three (3) noted it as appropriate and one (1) of the responders noted it to be excessive.
Responses from residents:
•Out of the 30 residents, 12 respondents indicated that they are not aware of the signage regulations in Foster City. On the other hand, eight (8) respondents stated that they are aware, while 10 respondents mentioned having partial awareness of the signage regulations.
•The majority of respondents, numbering 17, believe that the current amount of signage in Foster City is appropriate. However, five (5) respondents expressed the opinion that there is too much signage, three (3) respondents felt there is too little, and five (5) respondents were unsure about the adequacy of signage in the city.
Staff also met with representatives from Gilead and the Chamber of Commerce to discuss the sign regulations and considered their feedback while making amendments to sign regulations. Furthermore, staff attended a meeting on February 28, 2024, organized by the Chamber of Commerce to provide information on the updates to the City’s sign regulations.
The feedback from the community outreach was helpful in guiding some of the proposed amendments to the sign regulations, including:
•Many responders noted that the current amount of signage in Foster City is appropriate. Thus, staff is not proposing major amendments to sign regulations pertaining to major uses, including residential, commercial, office, and industrial uses. •Based on the feedback received from a private school noting difficulty with temporary signs and the rigidity of sign regulations, staff is proposing to include quasi-public uses, 4 including schools under “Master Sign Program.” A Master Sign Program allows applicants to propose their own sign guidelines and regulations based on their needs, which are then reviewed by the Planning Commission. At present, major shopping centers and office/R&D centers have their own established Master Sign Programs. •One of the large businesses in the City inquired about flexibility regarding sign regulations for one of their sites to match that of their different sites for branding and consistency. Under the Master Sign Program, staff included “Commercial or Industrial Uses with lot size five (5) or more acres” to provide the ability for businesses to develop their sign regulations.
•Lastly, based on concerns expressed by some residents regarding temporary non- commercial signs, staff made minor revisions to the regulations.
FIELD ANALYSIS
In order for staff to develop an understanding of the current state of signage in Foster City, field analyses were conducted to evaluate the existing stock of signs. Spanning several days, staff visited several residential, commercial, industrial, and quasi-public locations. In comparison to the requirements outlined in Chapter 15.12 Sign Control, staff’s findings confirmed that all uses generally comply with the City’s regulations. In many cases, there is a diverse mix of signage types that complement one another and provide clear identification for specific uses.
Additionally, staff observed instances where certain sites implemented Master Sign Programs, offering increased flexibility regarding the permitted quantity, types, and placements of signage; none of the sites appeared to have an inordinate amount of signage or include signage in locations that appeared inappropriate.
PROPOSED REVISIONS
The proposed revisions to Chapter 15.12 Sign Control which will be in the new Chapter
17.59 Sign Control are summarized in Table 1 below:
Table 1: Summary of Existing and Proposed Regulations
EXISTING CHAPTER 15.12 PROPOSED CHAPTER 17.59
Ordinance Title
Title 15 Building and Construction Moved the Ordinance from Title 15 Building and Construction to Title 17 Zoning. At
present, Chapter 15.12 Sign Control is under
Title 15. Title 15 includes Chapters pertaining
to building code. Sign Control is the only
chapter that includes standards for signage
that are a purview under “Zoning”.
Sections
5 22 Sections Condensed to 14 Sections
Purpose, Objective and Intent
Section 15.12.010 Section 17.59.010
Freedom of Speech for Signs Minor revisions
Applicability
None Added Section 17.59.020 Applicability
Definitions
Section 15.12.020 Section 17.59.30
Business Face and Frontage Combined as terms are synonymous.
New definitions Added definitions for “Billboard”; “Cabinet”; “Can”; “Lightbox”; “Panel Sign”; “Canopy Sign”;
“Channel Letter”; “Commercial Office Building”;
“Halo Lighting”; “Inflatable Sign”; “Marquee
Sign”; “Master Sign Program”; “Monument
Sign”; “Off Premise Sign”; “Office Use”;
“Painted Wall Sign”; “Pylon Sign”
Canopy Clarified definition of “Canopy”
Freestanding Sign Clarified definition of “Freestanding Sign” Neon Revised definition to include tube signs
illuminated by LED and other light sources
such as “LED Neon Signs.”
Illumination (external)
Illumination (internal)
Clarified definition of “Illumination (external)”
and “Illumination (internal)”
Mural Removed definition for “Mural”
Projecting Sign Clarified definition for “Projecting; Blade Sign” Sign Clarified definition of “Sign”
Sign Area Removed definition and referred to Section
17.59.050 Measurements of Signs.
Sign Guidelines Removed definition for “Sign Guidelines” Use Permit Sign Request Replaced “Use Permit Sign Request” with a definition for “Sign Use Permit” and added
clarification
Under Canopy Sign Removed definition for “Under Canopy Sign” Sign Permits
Sections 15.12.030, 15.12.040,
15.12.060, 15.12.070,
15.12.080, 15.12.090, 15.12.100,
15.12.110, 15.12.120 15.12.130
Section 17.59.040
Sign permits required, Permit
application, Sign permit review
process, Criterial for sign approval,
Sign permit issuance, Additional permit
limitations, and Expiration of sign
permits.
Consolidated several sections related to sign
permit applications, standard requirements for
submitting permits, criteria for review and
approval, notice of decision, appeals, sign
permit issuance, permit limitations, and
expirations.
Measurements of Signs
6 Section 17.59.050
“Sign Area” Added Section 17.59.050 to provide clear
direction on how to measure the sign area.
Construction and Maintenance
Section 15.12.140 Section 17.59.130
Prohibited Signs
Section 15.12.160 Section 17.59.070
15.12.160 Balloons, Inflatable Signs,
Streamers, Pennants, and other
Attention-Getting Devices
Separated sign types and formatted them into
a definition style with added clarification.
Added prohibition of mobile billboards.
Expanded “Attention-Getting” types of signs to
include inflatables, streamers and pennants.
Added language allowing businesses without
street frontage to apply for an administrative
sign permit since those businesses have less
visibility.
Exempt Signs
Section 15.12.170 Section 17.59.060
Formatted to definition style for ease of
identification and clarified and/or added
location, number, size and height, and timing
of display
Exempt signs
Added Historic plaques and commemorative
signs, mobile vendor signs, commercial signs
carried by persons, and commercial mascot
signs.
Temporary commercial signs Combined several sign types into a single category and clarified and/or added location,
number, size and height, and timing of display.
Clarified the language to be less restrictive.
Removed language regarding days of the
week due to the challenges related to
enforcement.
Added section addressing the duration of
display.
Temporary noncommercial right-of-way
signs
Clarified and/or added location, number, size,
height, duration of display and other
provisions.
Temporary noncommercial signs
placed on private property
Clarified and/or added location, number, size,
height, duration of display and other
provisions.
Temporary Signs
Section 15.12.180 Section 17.59.080
15.12.180 Temporary signs Formatted to definition style for ease of identification and clarified and/or added
location, number, size and height, and timing
7 of display. Revised reference from planning
director to community development director.
Added provision permitting A-frame and other
portable sidewalk signs for commercial
purposes, based upon input from the Chamber
of Commerce regarding the necessity of such
signs for certain types of businesses. Added
location, number, size, duration of display and
other provisions for A Frame signs.
Grand opening signs Clarified and/or added location, number, size, duration of display (60 days) and other
provisions.
Promotional sale signs Clarified and/or added location, number, size, duration of display and other provisions.
Removed the language that limits the display
period to four or two promotional periods to
streamline the permitting process but still
limiting to 60 days per year.
Table 1-A Real Estate and
Construction Signs
Reformatted and clarified Table 1-A Real
Estate and Construction Signs. Added
language linking the removal of temporary real
estate and construction signs to the completion
of construction, successful sale, or lease of the
development. This revision aims to prevent
outdated signs from lingering even after
construction, sale, or lease activities are
concluded.
Public Convenience signs
Section 15.12.190 Section 17.59.090
Minor revision – replacing “approving authority”
with “community development director.”
Sign Development Standards
Section 15.12.200f Section 17.59.100
Signs allowed for specific uses Formatted the section to facilitate placing the required development standards for signage in
particular land use categories, including
residential, commercial, office, industrial and
quasi public, in a tabular format.
Added specific signs type regulations including
awning, canopy signs, and projecting signs.
Quasi Public Uses Replaced the words, churches with religious institutions; and schools with private schools
given that the City cannot regulate signage for
public schools.
Moving quasi-public uses to “Master Sign
Program.” A Master Sign Program allows
8 applicants to propose their own sign guidelines
and regulations based on their needs (see
below).
Monument Sign Revised the language to prevent required
landscaping plantings from obstructing the
visibility of the sign message area.
Gas Station Service Station Added provision for wall signs, eliminated language regarding three feet set back from
the interior surface of the window for window
signs.
Enforcement
Section 15.12.210 Section 17.59.140
Minor revisions - replacing “planning director”
with “community development director.”
Master Sign Program
Section 15.12.220 Section 17.59.120
Sign guidelines for specific
developments
Replaced with Section 17.59.120 Master Sign
Program.
Applicability of the Master Sign Program to
include:
•Townhomes and/or Condominiums
developments of fifty (50) or more units
•Retail/Shopping Centers with five (5) or
more tenants
•Commercial Centers of five (5) or more
acres in size
•Commercial or Industrial Uses of five (5)
or more acres in size
•Religious Institutions, Private Schools,
Hospitals, and other uses of a quasi-
public nature
Included sub-sections on review authority,
application requirements, lessees, and
findings.
The proposed text amendments are included in Attachment 1, Exhibit A (clean version) and Attachment 2 (redline version).
Staff recommends that the City Council introduce and pass to second reading the Ordinance (Attachment 1) amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code by repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(B)(3).
If approved, the Ordinance shall take effect and be enforced thirty (30) days from and 9 after the second reading.
CEQA
The proposed amendments to Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code by repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control, is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” the proposed amendments and new Chapter 17.59 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS
Attachment 1 – Ordinance for Chapter 17.59, including Exhibit A - Chapter
17.59 Sign Control
Attachment 2 – Chapter 17.59 Sign Control with Redlines Attachment 3 – Planning Commission Resolution P-06-24
Attachment 4 – Minutes for March 21, 2024 Planning Commission meeting