City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00095 3/7/2023 Discussion Item 4.
Workshop: Considerations for Amending City Code to Include a Process for Allowing Digital Street-Light Pole Banners in the City of Sacramento
File ID: 2023-00095
Location: Citywide
Recommendation: Provide direction on whether to pursue an ordinance to revise Sacramento City Code Chapters 3.76 and 15.148 for purposes of allowing installation of digital street-light pole banners within the public right-of-way.
Contact: Michael Hanebutt, Senior Planner, 916-808-7933, [email protected], Kevin Colin, Principal Planner, 916-808-5260, [email protected], Community Development Department; Jennifer Johnson, Supervising Engineer, 916-808-7754, [email protected], Public Works; Darin Arcolino, Assistant IT Director, 916-808-0403, [email protected], IT Operations
Presenter: Michael Hanebutt, Senior Planner, 916-808-7933, [email protected], Community Development Department.
Attachments:
1-Description/Analysis
2-Background
3-Resolution 81-845
4-Current City Street-Light Pole Banner Policy
Description/Analysis
Issue Detail: At the January 10, 2023 City Council meeting, Councilmember Guerra requested that staff bring forward information to the Law and Legislation Committee regarding current City Code provisions on banners. The request seeks general information and potential exploration of City Code amendments to allow digital banners as another option to the current banner policy allowing fabric banners only. The City of Sacramento and many other cities and towns across the state use banners (typically made of printed vinyl material) affixed to street-light poles for placemaking and the
File ID: 2023-00095 3/7/2023 Discussion Item 4.
promotion of community events. The City presently permits fabric banners throughout the City and which often display local and neighborhood identity and even larger city-wide events.
Digital banners refer to the same style, size and placement of banners, but instead replace the typical fabric banner with a digital display screen encased within an all-weather cabinet. These digital devices are an emerging technology and staff is not aware of any agency or jurisdiction implementing such devices. Currently, the City permits fabric banners with a revocable encroachment permit (see Attachment 4).
Attachment 2-Background, includes both a summary of the existing regulatory scheme for banners and preliminary considerations intended to inform the Law & Legislation Committee discussion on the topic and, ultimately, help facilitate direction for staff on next steps .
Staff seeks the Committee’s feedback regarding:
· street-light pole banners in the City and their role in promotion of amenities/events using the typical vinyl fabric;
· whether or not digital banners should play a part in this endeavor either at specified locations, allowing a city-wide approach, or other method;
· the role of private advertisers, appropriateness of private commercial messages on city light poles, and potential revenue from advertising on the banners; and · consideration of potential challenges or risks of digital banners versus vinyl fabric banners.
Policy Considerations: The 2035 General Plan includes the following key policies related to messaging and image that is typical of banner sings:
ED 1.1.2 City Image. The City shall continue to promote Sacramento among its citizens and the wider business community as a livable community and an excellent place to do business.
ED 1.1.5 Tourism and Related Businesses. The City shall continue to work with the Sacramento Convention and Visitors Bureau (SCVB), the Metro Chamber, and interested stakeholders to expand local amenities and to market Sacramento as a tourist destination and convention venue.
Economic Impacts: Similar to fabric banners, digital banners would also support the promotion of business districts, civic pride (e.g., specific neighborhoods), community events (e.g., Wide Open Walls), and public institutions (e.g., Sacramento State University). Expanding the current banner policy to allow general advertising could result in an additional revenue source for the City.
Environmental Considerations:
California Environmental Quality Act (CEQA): City Council rules of procedure generally require that all proposals for ordinances must be reviewed by the Law and Legislation
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Committee prior to Council review and adoption. This update to the Law and Legislation Committee is not itself a project under the California Environmental Quality Act (CEQA) because it is a request for input as an administrative activity that will not result in any direct or indirect physical change in the environment. (CEQA guidelines section 15378(b)(5).) Environmental review pursuant to CEQA will be conducted prior to any adoption of an ordinance.
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: This report is in response to a request to facilitate a workshop on digital banners. Future updates and guidance on this matter may be directed from the Committee.
Financial Considerations: None at this time.
Local Business Enterprise (LBE): Not applicable.
Attachment 2-Background
Existing City Regulations
The current process for permitting fabric banners within the City is administered by the Public Works Department with a revocable encroachment permit. The authority for the City’s revocable permit process is found in City Code Chapter 3.76 (Revocable Permits) <https://library.qcode.us/lib/sacramento_ca/pub/city_code/item/title_3-chapter_3_76?view=all>. This section covers a range of permitted work types in the public right-of-way (e.g. paving, landscaping, construction of landscape planters, other minor uses, groundwater monitoring wells, and privately owned utilities within public streets and alleys) and also physical elements such as dining patios.
Fabric banners are permitted under this chapter as “other minor uses.” Banner installation activities are authorized through an encroachment permit which is temporary and limited to that activity. City Council Resolution No. 81-845, which approved general provisions to the revocable encroachment permit, is authorized under City Code Chapter 3.76. Resolution No. 81-845 allows for revocable encroachment permits to apply to a variety of physical elements within the public right-of-way. This process is further performed under internal policy guidance from 2015 which directs staff on implementation related to these permits for street-light pole banners specifically.
The revocable nature of the permit allows the City to demand removal of any temporary improvement in the public right-of-way at will. Any potential future allowance for digital banners could be considered alongside any potential regulatory changes to the revocable permit process but may need
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their own separate legislative process for consideration relating to sign type and the expansion of billboards. Changes to the sign code have been identified by staff in the Planning and Zoning work program and could be resource intensive compared to potential changes to the revocable permit process.
The signage regulation relevant to street-light pole banners comes from City Code Chapter 15.148 (Signs) <https://library.qcode.us/lib/sacramento_ca/pub/city_code/item/title_15-chapter_15_148> which regulates signs with commercial messages. Fabric banners installed on street-light poles are currently not regulated under this chapter because their location within the public right-of-way is considered to be within the realm of a “government message” which is expressly excluded in this code section. Though the current 2015 banner policy does allow event sponsors (e.g., commercial businesses) to be identified, their ancillary space on the banner has not been determined as advertising to date. However, these sponsors must not dominate the banners’ purpose or message.
Digital banners would have the ability to show multiple messages during a set time period and could be considered billboards similar to other outdoor digital signage regulated in the City if allowed to display general advertising.
Existing Application and Landscape
In practice, the existing City revocable encroachment permit process for fabric banners is typically utilized by Property Business Improvement Districts (PBID) or established neighborhood associations. Jibe is the only non-profit organization that is not PBID or neighborhood association that has had a banner permit is issued. Banner permittees are responsible for the maintenance and liabilities associated with the banners. Additionally, the permittee is required to carry liability insurance listing the City of Sacramento as an additional insured. Example locations where banners are often seen are in the downtown and midtown areas (Downtown Sacramento Partnership and Midtown Business Association), the Oak Park Business District, and the area served by Jibe in North Natomas.
While researching background information and whether other city or counties have allowed digital banners, staff has not been able to identify any examples of policy or implementation of digital banners in place of or in addition to fabric banners.
Policy Questions and Practical Considerations
When considering placement, installation, and aesthetics, digital banners mounted on street-light poles have many variables needing attention. The list below is intended to assist the Committee with framing a conversation about their potential use within the public right-of-ways of the City:
1. General Advertising in the Public Realm . Existing fabric banners within the City may not be used for commercial advertising or for political or religious purposes; the City permits only event sponsors able to be identified. While City Code allows for general advertising on billboards, the regulatory scheme is very restrictive and seeks to amortize and reduce the number of billboards over time. Allowing the expansion of general advertising onto public property/right-of-way may raises questions and/or concerns about the regulation of
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advertising content. There is potential for certain businesses which may be perceived as carrying out practices that are inconsistent with local values (e.g., fossil fuel manufacturer ad may be perceived to conflict with local efforts at carbon neutrality).
2. New, Untested Technology . While outdoor digital signage itself is not new, the application to street-light poles is novel in practice. Initial research by staff has not found any jurisdiction that has implemented digital banners in place of fabric.
3. Weight and Structure. There are structural and foundation implications for existing light poles carrying the additional weight which were not designed for this use. This may include replacement of the light poles and new foundations. Wind loads would also affect the proposed signage as most locations will be subject to higher loads prevalent in the urban environment, especially downtown. Vinyl signs typically have cutouts and a spring tensioner that helps them flex wind load. Digital banners would have to address this through structural means (e.g., in the post and/or foundation).
4. Electricity Source and Demand. City streetlights currently obtain power through a special agreement with SMUD. Digital banners would need a separate source of power to ensure proper and accurate metering. Additionally, the electrical load of a typical outdoor digital screen is approximately 20 watts per square foot, further supporting the need for additional electric supply for additional load at each street-light location. To accommodate this electrical supply, additional electrical service panels and meters may be needed, and would take up additional space in the public right of way.
5. Urban Heat Island. Digital signs do generate a fair amount of heat and depending on the type may need additional cooling fans which would increase energy consumption. Depending on the number and location of signs there could be a possibility of localized affects to the devices’ immediate surrounding.
6. Data Infrastructure. Either a hardwired or wireless connection would be needed to push content and control light emittance levels which may need additional infrastructure where not currently installed. Data infrastructure is currently found predominantly at intersections to serve traffic operations and is typically not at mid-block locations where many banners could be located. This would necessitate extensive retrofit of city street lighting infrastructure and requiring construction within the sidewalk and streets in many locations.
7. Light and Glare. Additive light pollution and glare, regardless of ambient light levels, could impact drivers and pedestrians during evening hours in areas outside of the Entertainment and Sports Center (ESC) Sign District. Traffic safety was a primary consideration for locational criteria of the ESC Sign District and would be expanded to a much wider geography with digital banners lining City streets. Light from existing poles may also produce additional glare off cabinet and sign faces.
File ID: 2023-00095 3/7/2023 Discussion Item 4.
8. Device Turnover. Digital signage has a finite lifespan of 7 years before it needs to be replaced which adds to the digital technology waste stream. Digital kiosks within the ESC Sign District have proven ineffective as the solar gain overheated them and they have switched to vinyl applied signs on existing kiosks.
9. Safety. Digital banners would be much heavier as discussed above, making any failure potentially hazardous and extremely dangerous for anyone underneath during a failure event. Additionally, moving images and display changes could distract drivers or pedestrians travelling in the right of way. The ESC Sign District has standards for image and color transitions. These could be evaluated for application to digital banners within the right of way and directly facing traffic.
10.Resource Commitment. Similar to the ESC Sign District, additional legislative action in City Code Chapter 15.148 would be required to establish time, place, manner, and agreements related to this new type of signage. This action could take a considerable amount of research and study given current industry changes in technology and how to futureproof the legislative action. City Code Chapter 3.76 will also require revision to specifically include digital banners.
11.Precedent. The precedence set for other digital sign types throughout the City and other areas outside of the Central City has been a growing concern amongst staff as inquires for additional digital signage types and locations have increased outside of current regulatory allowances. The ESC Special Sign District was a testbed for new sign types to activate the ESC specifically and digital signs have proven effective to that end, though the aforementioned digital kiosks in the ESC plaza ultimately failed. Staff would need policy direction on whether other areas should or even need to be activated at this time with digital signage to the same degree and outside of large civic gathering spaces such as the ESC.
12.Content Regulation. Once installed, fabric banners do not have the ability to change content without applying for a new revocable encroachment permit through Public Works and an encroachment permit to physically replace the banner. Conversely digital banners could be programmed with different content remotely without the need for any Public Works permits. Policy would need to be developed to regulate the process for changing content, review of content changes for approval before changing content, and the frequency for changing content. Staff resources for administering content regulation and potential regular inspections of digital banners should be evaluated.
Should further consideration of digital banner devices be directed, the following options could be considered by the Committee:
File ID: 2023-00095 3/7/2023 Discussion Item 4.
1) Direct staff to develop an ordinance to amend Chapter 3.76 with direction given whether to include digital banners as an authorized use within public property, and including any necessary changes to existing implementation policy.
2) If the Committee supports digital banners with general commercial advertising, direct staff to research and evaluate amendments to Chapter 15.148 (Signs) including standards for time, place, and manner.
If the Committee is supportive of both items one and two above, staff recommends the completion of prior research relating to the technical feasibility of installing digital banners (e.g., foundations, pole type, electricity, internet connectivity). Staff invites the Committee’s input and consideration of the many issues raised above when deliberating the merits of additional digital signage infrastructure in the city.