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D.1
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: May  10, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Hearing to Consider Adoption of a Zoning Text Amendment Related to Sign Regulation (County File #ZT19-0002)

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   05/10/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Addendum

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Jennifer Cruz, (925) 655-2867
cc: Chris Howard    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     May  10, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

1. OPEN the public hearing on Ordinance No. 2022-03, RECEIVE testimony, and CLOSE the public hearing;  
  

2. DETERMINE that adoption of Ordinance No. 2022-03, is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3).  

  





RECOMMENDATION(S): (CONT'D)
3. FIND that Ordinance No. 2022-03 is consistent with the County General Plan.  
  
4. ADOPT Ordinance No. 2022-03, regulating the construction, placement, display, and maintenance of signs in the unincorporated area of the County.  
  
5. DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk.

FISCAL IMPACT:

The cost of preparing this ordinance has been funded by the Department of Conservation and Development, Land Development Fund.  

BACKGROUND:

This hearing item was continued from March 29, 2022.  
  
On February 4, 2020, the Board of Supervisors accepted a report on “Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County to Improve Both Economic Vitality and Sustainability” and directed staff to take the actions necessary to further evaluate and implement the recommendations in the report. There are 18 recommendations in the report, including updating the County’s sign regulations to allow directional signs in a public right-of-way to direct people to U-pick operations on agricultural lands in the county.  
  
There are currently three separate chapters (Chapter 88-6, Chapter 88-8 and Chapter 88-9) in the County’s Zoning Code that regulate signs. The current regulations were adopted in the mid-1960s and the mid-1970s and have not been recently updated. In addition to authorizing directional

signs in a public right-of-way, the proposed ordinance would update the County’s sign regulations to conform with developments in law to regulation of signs and the requirement that sign regulations comply with the First Amendment and other constitutional principles. The ordinance conforms with the County’s policy and intent to regulate signs in a manner that is content-neutral and consistent with the United States and California Constitutions.  
  
Proposed Zoning Text Amendments  
  
Deletion of Chapter 88-8 and Chapter 88-9  
  
The proposed ordinance would delete Chapter 88-8 (Sign Control Combining District) from the County Ordinance Code. There are currently no parcels in the county that are located within the Sign Control Combining District. This chapter was adopted in the early 1970s and is obsolete.  
  
The proposed ordinance would also delete Chapter 88-9 (S2 Sign Control Combining District) from the County Ordinance Code. The S2 Combining District includes parcels that are located within the Alamo Plaza Shopping Center on Stone Valley Road and Danville Boulevard in Alamo, and parcels directly east and directly south of the shopping center. Chapter 88-9 was adopted in the mid-1970s. The sign standards from the S2 Combining District would continue to apply to existing signs established under the S2 Combining District standards, but newly established signs would be subject to the countywide sign standards established by the proposed ordinance.  
  
Amendment of Chapter 88-6 to Establish Countywide Sign Standards  
  
The current Chapter 88-6 (Outdoor Advertising) in the County Ordinance Code was adopted in the mid-1960s. The proposed ordinance would amend Chapter 88-6 to establish countywide sign standards. Article 88-6.6 regulates signs placed or displayed on private property, or on land or facilities owned by public entities other than the County if the County exercises land use regulatory power over these lands or facilities. Article 88-6.8 regulates signs placed or displayed within a public right-of-way. The proposed sign standards in amended Chapter 88-6 would regulate signs in a manner that is content-neutral and consistent with the United States and California Constitutions.  
  
The proposed countywide sign standards would require that a person must obtain a sign permit before they construct, place, display, or maintain a non-exempt sign in the unincorporated area of the County. An application for a sign permit would be processed by the Department of Conservation and Development and approved by the zoning administrator under the administrative decision procedure found in Article 26-2.21 of the County Ordinance Code. If, after sending a notice to property owners within 300-feet, no request for a hearing is submitted to the Department, the Zoning Administrator may issue a sign permit administratively without a public hearing.  
  
Proposed sign standards include:
  • Limitations based on land use district.
  • Location requirements.
  • Height and size limitations applicable to different sign types (e.g., freestanding/monument signs versus attached signs).
  • Allowances for temporary signs.
  • Sign illumination standards.
  • Prohibited signs, including but not limited to: animated or moving signs; A-board signs; signs that flash, blink, or rotate; signs designed, placed, or oriented for freeway exposure; and vehicle signs.
  • Signs exempt from the permit requirement, including but not limited to: one flagpole and three flags per lot; a sign that cannot be seen from a public street, private road, or adjacent property; temporary signs; and signs required by law.
  • Master sign programs may be approved for a multi-tenant development or development in a P-1 district that deviates from the otherwise applicable sign standards.
The proposed ordinance would also amend provisions in the Code related to encroachment permits to allow for directional signs in a public right-of-way. Additional permit requirements would be required for signs in a public right-of-way to protect the health and safety of persons in the County. A permit for a sign in a public right-of-way would have a term of one year, consistent with the associated encroachment permit issued by the Public Works Department.  
  
The zoning text amendment will also amend other provisions of the County Ordinance Code to remove conflicting sign regulations and revise definitions related to sign regulation.  
  
General Plan Consistency  
  
Signs are currently allowed in various General Plan land use designations, as an ancillary use. Under the Transportation and Circulation Element, Policy 5-44 encourages the use of wayfinding and signage to help direct pedestrians and bicyclists to desirable destinations. The proposed zoning text amendment to allow directional signs and update the sign regulations would not conflict with the Goals and Policies of the County’s General Plan.  
  
County Planning Commission Hearing  
  
The County Planning Commission held a public hearing on the draft Ordinance on November 10, 2021. No public comments were submitted during the hearing. The County Planning Commission voted 7-0 to recommend that the Board adopt the proposed ordinance. The Commission also recommended that the Board consider adopting a flat fee or no fee for applications to renew the annual sign permit for signs located in a public right-of-way. Staff intends to include the Commission's recommendation in a proposed fee schedule update that is tentatively scheduled for presentation to the Board in the near future.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board does not approve the proposed ordinance, then the zoning code will not allow directional signs and will not be updated to establish countywide sign standards.  

CLERK'S ADDENDUM

CONTINUED to 9:00 a.m May 24, 2022.

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