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agenda-report Introduction of Ordinance No. 2024-143 Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code.

Gonzales City Council
May 6, 2024

Document
agenda-report Introduction of Ordinance No. 2024-143 Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code.
Meeting
May 6, 2024
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Gonzales City Council
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City of Gonzales

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 6, 2024
FROM: Taven Kinison Brown, Community Development Director THROUGH: Carmen Gil, City Manager
SUBJECT: Introduction of Ordinance No. 2024-143 Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying in All Districts of the Gonzales City Code.

RECOMMENDATION
It is recommended the City Council introduce, read by title only, open the hearing, allow for public testimony, close the hearing, consider staff’s housekeeping adjustments to the revised sign ordinance (to be presented further in this staff report), waive first reading Ordinance No. 2024-143, An Ordinance of the City Council of the City of Gonzales, Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code.

BACKGROUND
The City has an opportunity to generate revenue if we enable free-standing off-site advertising billboard signs to be permitted in the City in a limited manner. Additionally, staff believes that public safety and information distribution will be enhanced with such a sign.

Staff has approached the City Council on previous occasions to determine their interest in allowing such a sign on a city-owned property, where the community would benefit from the lease revenue and rental agreement that would accompany such a sign. The City Council acknowledged the potential public benefits and gave their support to staff advancing such a proposal.

The next order of business would be to revise the City of Gonzales Sign Code to enable the consideration of free-standing off-site advertising billboard signs, and the second order would be to later entertain a specific development proposal from a sign company to construct and establish such a sign.

AGENDA
ITEM
13 Following staff’s update to the City Council, February 5, 2024, staff prepared revisions to the City of Gonzales Sign Ordinance (Zoning Code Section 12.116) to enable Freeway Oriented Reader Board signs.

On Monday, April 8, 2024, the Planning Commission considered revisions to the Sign Ordinance to enable such signs. The Planning Commission adopted PC Resolution 2024-01 recommending that the City Council support the revisions to the sign code and Adopt a revised ordinance as attached to that resolution. (See Attachments 1 and 2).

REVIEW AND ANALYSIS
Since the April 8, 2024, recommended action by the Planning Commission to adopt the sign ordinance revisions as attached to Resolution PC 2024-01, staff has become aware of several clarifications that would enhance and improve a revised sign ordinance. Staff considers these minor housekeeping-type adjustments and believes there would be no value-added returning the item to the Planning Commission.

The particular adjustments and the staff reasoning follows:
• In Section 12.116.03 PROHIBITED SIGNS. The following signs are prohibited. o Part C. “Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following:

1. National, state and local governmental flags properly displayed upon flagpoles.

2. Holiday decorations, in season.

3. One corporate flag displayed upon a single flagpole.

4. Grand opening and special event displays which comply with the regulations of this section.

5. One decorative flag per residence.

Staff does not consider holiday decorations as “signs,” and even as an “exception” item here, Number 2 is non-contributory and out of place to the intent of the sign ordinance to provide regulation for signs for advertising and identification purposes. • In Section 12.116.040 GENERAL REGULATIONS REGARDING SIGNS:
o No portion of the surface of any illuminated sign or any visible lamp illuminating a sign shall have a brightness exceeding one hundred fifty (150) foot-lamberts. Off-site digital advertising billboards shall be at a maximum of 0.3 foot-candles over ambient light levels.
o F. Illumination Generally: Light produced by an off-site advertising sign should not exceed 0.3 footcandles over ambient light levels. Measurement should be taken utilizing a footcandle meter from 250 feet perpendicular to the face of the digital sign.

This housekeeping measure provides clarity on what distance from the sign the brightness shall be measured and keeps the “light-units” consistent with other city code references to light measurements in footcandles, dispensing with the less familiar “foot-lamberts.” • 12.116.125 OFF-SITE ADVERTISING BILLBOARD SIGNS:
o A. No new outdoor advertising sign may be less than 2,500 feet from an existing outdoor advertising sign.
o A. No new permitted off-site advertising sign may be less than 3,000 feet from an existing permitted off-site advertising sign.

The Intent of new section 12.116.125 A. is to reduce the potential of an additional off-site advertising sign being proposed in another part of the City, potentially distracting and cluttering the visual landscape of the City and drivers’ experiences passing through on the freeway. As we don’t have an exact location of where such a sign could be placed in the industrial zoned landscape, staff realized (a little late) that potential existed that two signs could be placed more than 2,500 feet apart in the Industrial Designation on the west side of Hwy 101. This was always the intent of staff to write the new code sections narrow enough that we can allow such a sign, but not open the code to more than one. This housekeeping measure, bumping the distance to 3,000 feet should allow flexibility on the placement of the City’s first eventual sign of this nature, and close the door on a second sign.

For the reasons discussed above, staff recommends that the City Council consider and incorporate staff’s housekeeping changes and adjustments to PC 2024-01 as described in the staff report and adopt the revised Sign Ordinance 12.116 as attached to the staff report.

Renderings of potential signs the revised sign ordinance hopes to enable Potential location in the city landscape where a free-standing off-site advertising billboard sign could be permitted with a revised sign code
Explain the Recommendation and How it Supports the Vision Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.

Explanation: While such a sign may be modern and new, the technology and architectural opportunities of such a sign can enhance the economic prosperity of local businesses and complement the local landscape. Being able to display community alerts and immediate emergency information will enhance public safety.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.

Explanation: To realize this revenue opportunity for the City, Community Development Department staff committed to revise the sign ordinance on regular staff time and present the opportunity to the Planning Commission and City Council. Should such a free-standing off-site advertising billboard sign eventually be erected in the City, the revenue opportunity for the City, and the advertising opportunity for local businesses and the public safety aspect of immediate informative directions and messages to the community may be realized; each in turn, enhancing the quality of life for our diverse community.

City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.

Explanation: See above explanations.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explanation: Please see the Vision above.

ALTERNATIVES
The following alternatives are presented for City Council consideration:
• Do not introduce the revised ordinance, and maintain the current sign ordinance; or • The City Council may consider Planning Commission Resolution PC2024-01 and the draft Sign Ordinance from April 8, 2024; or
• The City Council may consider staff’s housekeeping changes and adjustments to PC 2024-01 as described in the staff report, and adopt the revised sign ordinance as attached to the May 6, 2024, City Council staff report; or
• The City Council may ask for additional work or study of the matter and send the draft ordinance back to staff and the Planning Commission; or
• The City Council may table the matter.

FISCAL IMPACT
There is no direct cost from the proposed action, but a revenue opportunity could result. Staff time applied to the matter to date, has been in the context of the daily and regular activities of the Director.

Should a free-standing off-site advertising billboard sign be permitted in a limited manner, the City of Gonzales could realize rent or lease revenue if placed on City property. Indemnification and potential revenue sharing conventions would be negotiated per the new code Section 12.116.125.

It is also the intent of the City Manager and Economic Development Division to facilitate advertising and awareness of our local city businesses, who will likely be offered sign time at a reduced “local business” rate (a standard industry practice). Increased business activity in Gonzales would have a positive secondary impact on municipal revenues, as increased retail sales tax revenues would return to the city.

A future use permit application for an actual sign structural proposal will be subject to a $1,200 deposit and staff time will be compensated on a time and materials basis, at no cost to the city.

ENVIRONMENTAL REVIEW
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) on grounds that it can be seen with certainty that the proposed ordinance will not have a significant, adverse effect on the environment as written as only one sign can be allowed and would be placed on a highway-adjacent location without the opportunity for significant impact to the community.

Drawing upon the allowances of the revised sign ordinance, any off-site advertising billboard sign proposal will be subject to individual and specific environmental review under CEQA.

CONCLUSION
It is recommended the City Council introduce, read by title only, open the hearing, allow for public testimony, close the hearing, consider staff’s housekeeping adjustments to the revised sign ordinance (to be presented further in this staff report), waive first reading Ordinance No. 2024-143, An Ordinance of the City Council of the City of Gonzales, Amending Chapter 12.116 Signs of Title 12 - Part 5 Regulations Applying In All Districts of the Gonzales City Code.

Attachments:

1. Planning Commission April 8, 2024, staff report

2. Resolution No. PC 2024-01 w/ Exhibit A

3. Ordinance No. 2024-143 w/ Exhibit A

4. Proof of Publication

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