REPORT TO THE PLANNING COMMISSION Meeting Date:
July 26, 2017
Location
Citywide
Owner/Applicant:
City of Saratoga
Staff Planner:
Sung H. Kwon, Senior Planner
SUBJECT: Consider changes to the regulations for temporary off-site signs in residential districts.
RECOMMENDED ACTION: The Planning Commission approve the attached resolution 17-022 recommending that the City Council adopt changes to Section 15-30.135 (Temporary off-site signs in residential districts) of the City Code.
BACKGROUND: During their regularly scheduled June 21, 2017 meeting, the Saratoga City Council directed the Planning Commission to consider changes to regulations for temporary off-site signs in residential districts to reduce visual clutter in the community. An off-site sign is defined by City Code Section 15-30.020 as “an advertising sign that identifies or advertises a location, service, activity, or good sold” at another location. The vast majority of temporary off-site signs found in residential parts of the City are signs directing people to open houses and homes for sale. Other examples include garage sale or estate sale signs or signs advertising youth sports league enrollment. To achieve the direction established by the City Council, staff has suggested the following draft regulations for the Commission to consider: 1) Prohibit placement of signage on any median, street, travel lane, sidewalk, or landscaping/parkway strip located between a sidewalk and street. 2) Limit the number of signs to one per residential lot and specifically only in the front yard. The attached resolution contains the specific recommended changes to the City Code.
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OUTREACH: This Planning Commission Hearing was noticed in the Saratoga News along with other agenda items. In addition, staff will email this Planning Commission Staff Report (and Attachment) to the Silicon Valley Association of Realtors and local Realtors in the area when the Planning Commission Packet is made publically available. Planning Commission packets are typically made publically available on the Thursday or Friday of the week before the Planning Commission Hearing.
ENVIRONMENTAL DETERMINATION: The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. The proposed amendments are also Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New Accessory Structures.
ATTACHMENTS: 1. Resolution recommending that the City Council approve the proposed amendments to the sign Ordinance, Section 15-30.135 of the Saratoga Municipal Code. Exhibit 1 - Revised Section 1530.135, with strikeout (deleted) and underlines (added) and replacement text.
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RESOLUTION NO. 17-022 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CHANGES TO THE SIGN ORDINACE SECTION 15-30.135 - TEMPORARY OFF-SITE SIGNS IN RESIDENTIAL DISTRICTS.
WHEREAS, on June 21, 2017, the Saratoga City Council directed staff to propose changes to Zoning Code Section 15-30.135 - Temporary off-site signs in residential districts. WHEREAS, the change to the Sign Ordinance is determined to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. The proposed amendments are also Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New Accessory Structures; and WHEREAS, on July 26, 2017, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby recommends the following to the City Council: 1) The Council determine that the proposed Sign Ordinance change is Categorically Exempt from CEQA. 2) The Council approve the revisions to Section 15-30.135 (Temporary off-site signs in residential districts) as outlined in the Revised Sign Ordinance in Exhibit 1.
RECOMMENDED by the City of Saratoga Planning Commission this 26th day of July 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Tina K. Walia Chair, Planning Commission
Page 2 Exhibit 1
PROPOSED CHANGE STRIKETHROUGH (DELETED) AND UNDERLINED (ADDED) 15-30.135 - Temporary off-site signs in residential districts. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in residential districts without a permit: Any number of One temporary commercial off-site signs (including, but not limited to, real estate open house signs) are allowed, is allowed on each lot, provided that: (1) No individual sign shall The sign shall not exceed two square feet in area and three feet in height. (2) No more than two identical signs per intersection shall be displayed. The sign shall be located in the front yard. (3) The signs shall only be displayed between dawn and dusk. (4)(3) No sign shall include balloons, ribbons, streamers, or other attention-getting devices. (5)(4) No off-site signs shall be located on property without the permission of the property owner. The property owner has granted permission for the sign placement. (6)(5) No sign shall be located on any median, street, travel lane or on any, sidewalk, or landscaping/parkway strip located between a sidewalk and street. where it impedes pedestrian travel.
PROPOSED CHANGE REPLACEMENT TEXT 15-30.135 - Temporary off-site signs in residential districts. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in residential districts without a permit: One temporary commercial off-site sign is allowed on each lot, provided that: (1) The sign shall not exceed two square feet in area and three feet in height. (2) The sign shall be located in the front yard. (3) No sign shall include balloons, ribbons, streamers, or other attention-getting devices. (4) The property owner has granted permission for the sign placement. (5) No sign shall be located on any median, street, travel lane, sidewalk, or landscaping/parkway strip located between a sidewalk and street.
CITY OF SARATOGA Memorandum
To: Saratoga Planning Commission From: Sung H. Kwon, Senior Planner Date: July 21, 2017 Subject: Sign Ordinance Staff received a comment from the Silicon Valley Association of Realtors. The comment letter is provided below. Please note that the City of Saratoga does not regulate content of signs.
From: To: Cc: Subject: Date: Attachments:
Jessica Epstein Planning Sung Kwon Realtor letter commenting on sign ordinance revision Friday, July 21, 2017 11:27:28 AM image001.png Realtor letter on sign ordinance revision.pdf
Chair Walia and Commissioners – Attached please find our letter commenting on the proposed changes to the Saratoga sign ordinance. Please do not hesitate to reach out to our Executive Officer, Paul Cardus, at
[email protected] or (408) 200-0100. Thank you. Jessica Epstein Government Affairs Director Silicon Valley Association of REALTORS® Direct: (408) 200-0108 Cell: (415) 596-2976 Fax: (408) 200-0101
CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Sung H. Kwon, Senior Planner Date: July 24, 2017 Subject: Sign Ordinance – Supplemental Attachment 2
A couple of Commissioners had questions about the sign ordinance. provided below.
Answers to the questions are
Please note that a number of questions were posed to the Silicon Valley Association of Realtors by a member of the Planning Commission. Staff has contacted this organization and will provide information to the Planning Commission as soon as it is received.
Question 1 What is the definition of “commercial?” Commercial has not been specifically defined in the Zoning Code. Commercial could include anything that would involve a business use or financial transaction. Commercial activities could include the following activities: open house, garage sale, youth sports league enrollment, bake sales, wedding reception, auction, non-profit community events, etc. Question 2 How many signs are allowed on the property where the event is taking place (i.e.: the open house location) since technically, the sign would be on-site (not off-site)? One temporary sign is allowed onsite for sale or lease for residential and commercial properties. See Section 15-30.140 and 15-30.145. 15-30.140 - Temporary on-site sign on lots with residential properties actively marketed for sale or lease. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with residential properties actively marketed for sale or lease without a permit: (a) One temporary on-site sign may be located on a property that is actively marketed for sale or lease, provided that: (1) The sign shall not exceed four square feet in area and six feet in height. (2) The sign shall not include balloons, ribbons, streamers, or other attention-getting devices. 15-30.145 - Temporary on-site sign on lots with commercial properties actively marketed for sale or lease. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with commercial properties actively marketed for sale or lease without a permit: (a) One temporary on-site sign per use may be located on a property that is actively marketed for sale or lease, provided that: (1) The sign area for any one use shall not exceed ten square feet. If the sign is advertising three or more uses, it shall not exceed twenty-four square feet in area. (2) No sign shall exceed six feet in height. (3) No sign shall include balloons, ribbons, streamers, or other attention-getting devices.
Question 3 Are the properties on Saratoga Ave (between Cox and Vineyards townhomes) considered commercial property? Would the proposed changes apply to this property? These properties are zoned Professional Administrative (PA). The proposed changes only apply to residential districts. Temporary commercial off-site signs are not specifically allowed nonresidential zoning districts. Institutional Uses (educational, residential or health care services to the community at large, residential developments, health care facilities operated by non-profit organizations, public and private schools or colleges.) can have temporary signs according to Section 15-30.120.
15-30.120 Signs on lots with institutional, public, or quasi-public uses. (c) Temporary signs: On-site temporary signs are allowed without a sign permit, provided that the aggregate area of all such signs shall not exceed forty square feet or one-eighth square foot of area for each lineal foot of street frontage, whichever is greater. In no case shall the aggregate total of all temporary on-site signs exceed eighty square feet. If the property has more than one street frontage, the total area of on-site temporary signs shall be proportional to the lineal feet of such street frontage. (1) No individual temporary on-site sign shall be displayed on a building for more than thirty consecutive days. (2) Up to two temporary on-site signs may be displayed on a single permanent, freestanding, dark-colored, durable, all-weather wood or metal frame structure. a. The maximum height of the structure shall be six feet. b. One structure may be located on each street frontage. c. No individual sign shall be displayed on such freestanding structure for more than one hundred eighty consecutive days. Question 4 Residents may not want people knocking on my door for permission to put up their sign. Anyone knocking on the door of a residence selling something needs a permit? Under Article 4-50, any Peddler or Solicitor engaged in business in the City of Saratoga needs a permit. This is typically for people who go to multiple addresses. One person going to one house may not necessarily need a permit. Staff would not necessarily want to create another code enforcement issue regarding tracking down people who may or may not have a peddlers or solicitors permit for a sign that may or may not be legal. Most enforcement cases are based on complaints. Staff can address issues on a case by case basis when there are formal complaints. Question 5 How will the regulations be enforced? That partially depends on what is adopted by the City Council. As proposed, any sign that is not allowed will be picked up by our code enforcement officer and held for a period of time. The signs will be discarded if there is no request to pick up the signs. The Planning Commission may make recommendations about the enforcement process to the City Council. Staff can clarify challenges to code enforcement processes. Question 6 City Code Section 15-30.020 (y) defines "Temporary sign" as "a sign that is displayed for a limited period of time." What is the duration for the allowed signs? Any specific days/time? Staff recommends that the current allowed time period be deleted from the ordinance. If the deemed appropriate, the Planning Commission could discuss and/or recommend a time period for temporary off-site signs to the City Council.
CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Sung H. Kwon, Senior Planner Date: July 24, 2017 Subject: Sign Ordinance – Supplemental Attachment 3
A Commissioner had questions for the Silicon Valley Association of Realtors. The responses are provided below.
From: To: Cc: Subject: Date: Attachments:
Paul Cardus Sung Kwon Suzanne Yost RE: Questions related to Real Estate Signs Tuesday, July 25, 2017 12:35:04 PM image001.png
Good afternoon Mr. Kwon, As you requested during our conversation yesterday, please find the information I shared with you: 1. There are approximately 9000 REALTORS® in Santa Clara County who are members of the two local REALTOR® Associations headquartered in the county. 2. In 2016, there were 341 sales in the City of Saratoga. This includes single family homes, townhouses and condos. For the 1st quarter of 2017, there were 92 residential properties listed and 44 sales. The average days on market (DOM) is 39 days. This information is courtesy of MLSListings Inc. 3. Our Association does not collect, aggregate, or distribute production information regarding sales by our members. We do not rank our members by the number of listings, number of sales sides, sales volume, or any other production metric. 4. Real estate agents are independent contractors. They have unique arrangements with their brokers/brokerages. There are as many business plans and marketing models as there are agents. Agents and their brokerages would consider much of this information proprietary. Therefore, there is no standard template of ranked “effective actions” regarding the marketing and sale of a home. Each individual agent brings their experience and expertise to their client’s particular needs, market conditions, etc.
Paul Cardus, CIPS, RCE Executive Officer Silicon Valley Association of REALTORS® 19400 Stevens Creek Blvd., #100 Cupertino, CA 95014 www.silvar.org Phone: 408.200.0100 Direct: 408.200.0105 Mobile: 650.224.2046
[email protected] From: Sung Kwon [mailto:
[email protected]] Sent: Monday, July 24, 2017 7:55 AM To: Paul Cardus Cc: Barbara Ruthig Subject: Questions related to Real Estate Signs
Hi Paul, A member of the Planning Commission had a question for you. Would you be able to provide the information by Tuesday? Thank you in advance In reference to the letter written by Paul Cardus, I have questions. For at least 30 years, Real Estate Associations have tracked ALOT data. The following questions can be easily answered by Paul Cardus, Executive Officer of Silicon Valley Association of REALTORS. Can you forward the questions below to him? He should be able to provide all the answers by COB Tuesday, July 25, 2017. How many realtors are there in Santa Clara County? How many real estate agents had listings in Saratoga in the last full calendar year that data is available? How many listings were there in Saratoga in the last full calendar year that data is available? Who are the top 15 listing agents in Saratoga? List the actions (i.e.: print advertising, social media, business cards, open house, club membership, cold calls, etc.) that Real Estate Agents employ, ranked in order from most effective to least effective, that are attributed as the reason for a sale. Real Estate Agents rely on this information so they can be efficient and effective in spending their time and money… so I know this data is available! Please include the percentages (ie: of all home sales, X% can be attributed to signs, X% can be attributed to social media, etc.) Sincerely, Sung H. Kwon, MCRP MBA AICP Senior Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 (408) 868-1212
[email protected] CITY OF SARATOGA Memorandum
To: Saratoga Planning Commission From: Sung H. Kwon, Senior Planner Date: July 26, 2017 Subject: Sign Ordinance – Supplemental Attachment 4 A Commissioner had a question about the daily number of listings. Please see response from Paul Cardus, Executive Officer of the Silicon Valley Association of REALTORS.
From: To: Cc: Subject: Date: Attachments:
Paul Cardus Sung Kwon Suzanne Yost RE: Sign Ordinance Wednesday, July 26, 2017 11:08:07 AM image001.png
Good morning Sung, Homes listed for sale in a given month or season in Saratoga, or any city, can cover quite a range. I have found some information that the Commission may find helpful. Once again, these statistics are courtesy of MLSListings Inc. There are currently 77 active and pending listings in Saratoga. On Monday that number was 75. Over the past two years the monthly number of active and contingent listings has ranged from a high of 110 in the spring (April-June) to a low of 30-40 in December and January of 2016/2017.
Paul Cardus, CIPS, RCE Executive Officer Silicon Valley Association of REALTORS® 19400 Stevens Creek Blvd., #100 Cupertino, CA 95014 www.silvar.org Phone: 408.200.0100 Direct: 408.200.0105 Mobile: 650.224.2046
[email protected] From: Sung Kwon [mailto:
[email protected]] Sent: Wednesday, July 26, 2017 10:05 AM To: Paul Cardus Subject: Sign Ordinance
Hi Paul, The Commission had another question. Do you have any information about this? On any given day in Saratoga, how many homes may be listed for sale? I understand it varies from day-to-day but a range would suffice.
Sincerely, Sung H. Kwon, MCRP MBA AICP Senior Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 (408) 868-1212
[email protected]