The purpose of this chapter is to
create a zoning overlay district and strict regulations applicable
to this district which will implement the general plan by assuring
appropriate development consistent with the goals and policies of
the general plan; deter the inappropriate demolition, destruction,
alteration, misuse and neglect of architecturally interesting and
significant structures in and the built context of the district; revitalize
the economic growth and health of and foster civic pride in downtown
Pleasanton; stabilize and enhance the value of property; create and
renew proper relationships between tax revenues of real property and
the cost of municipal services; implement the downtown hospitality
guidelines by assuring special downtown accessory entertainment uses
located in the downtown operate in a manner consistent with the intent
of the downtown hospitality guidelines; and thereby promote and protect
the health, safety, comfort, appearance and general welfare of the
community.
(Prior code § 2-2.3401; Ord. 1225 § 1, 1985; Ord. 2055 § 2, 2012)
There is hereby created a zoning
overlay district known as the Downtown Pleasanton Revitalization district
(hereinafter referred to as "district") the boundaries of which are
as shown on Figure 18.74.020 at the end of this chapter.
Within this district are two overlay
areas, the downtown hospitality central core area and the downtown
hospitality transition area as designated on the Downtown Hospitality
Area map shown on Figure 18.74.025 at the end of this chapter. The
downtown hospitality transition area overlay includes the public park,
Civic Park, at the intersection of Main Street and Bernal Avenue.
The regulations applicable to the
district contained in this chapter are in addition to regulations
otherwise applicable to the area within the district; provided, however,
that where regulations conflict the provisions of this chapter shall
control.
(Prior code § 2-2.3402; Ord. 1225 § 1, 1985; Ord. 2055 § 2, 2012; Ord. 2194 § 2, 2019; Ord.
2216 § 2, 2021)
The city council, following recommendations
by the planning commission, shall adopt downtown Pleasanton design
guidelines for the district. Such guidelines may be amended from time
to time following the same procedure. The zoning administrator, planning
commission and the city council shall adhere to the adopted guidelines
in reviewing all applications for permits, licenses, certificates
or other approval or entitlement of use relating to improvements or
demolition proposed within the district, and no such applications
shall be approved unless consistent with the adopted guidelines.
(Prior code § 2-2.3403; Ord. 1225 § 1, 1985; Ord. 1591 § 2, 1993; Ord. 1656 § 1, 1995)
A. The zoning administrator shall review the design of each improvement for which a building permit, license, certificate or other approval is required pursuant to this code. If a proposed improvement within the district would require planning commission or city council approval, then such body shall review the design. The zoning administrator may adopt standards for determining which applications comply on their face with all applicable regulations for improvements under this chapter and which will, if approved, have an insignificant effect both on the district as a whole and on the particular built context of the proposed improvement. The zoning administrator may also determine that applications for certain improvements do not need all the information required by Section
18.74.050 of this chapter.
B. The term "improvement" as used in this
chapter shall be literally interpreted and shall include the construction,
alteration and repair of all signs and all property and appurtenances
thereto. The term "improvement" shall not include demolition. No improvements
subject to design review shall hereinafter be constructed, located,
required, altered or thereafter maintained except in accordance with
the architectural plan approved as provided in this chapter.
C. The zoning administrator or planning commission shall consider the architectural plan within 30 days following the applications being deemed complete, unless the applicant agrees to a later date. After consideration of the architectural plan, the zoning administrator or planning commission shall issue its determination setting forth its decision to approve, disapprove or conditionally approve the architectural plan. The applicant or any aggrieved person may appeal any decision of the zoning administrator to the planning commission and of the planning commission to the city council in the manner provided in Section
18.20.060 this code.
(Prior code § 2-2.3404; Ord. 1225 § 1, 1985; Ord. 1520 § 2, 1991; Ord. 1586 § 4, 1993; Ord.
1656 § 1, 1995)
Any person proposing to construct or locate any improvement subject to design review shall file, prior to filing for the first required permit, an application for design review with the zoning administrator. Such application shall be in the form and contain the materials required by the zoning administrator under Chapter
18.20 of this title.
A. Architectural drawings, including:
2.
Four elevations to include all sides
of development.
3.
Elevations to scale and renderings
which include adjacent structures in the existing built context.
4.
(Optional) Perspectives. Model or
other suitable graphic materials.
B. Renderings and complete building elevations
indicating the wording, style, location, size, shape and type of illumination
of each proposed permanent sign together with a palette of proposed
colors, materials and textures.
C. Design plan and guidelines comprising the
conceptual scheme proposed to be adopted for all temporary signage
relating to site uses.
D. Preliminary landscaping plan.
F. Color photographs of the existing built
context including the site.
G. Color, materials and texture palette.
H. Other information which the zoning administrator
determines to be necessary or convenient or which the zoning administrator
or planning commission may by general policy require all applicants
in the district to furnish.
(Prior code § 2-2.3405; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)
Where the application is solely for a sign permit, items constituting the proposed architectural plan shall be those items required by Section
18.74.050 of this chapter for all elevations from which the proposed signs are visible and such additional items as are established by the zoning administrator as necessary or convenient to the review and decision.
(Prior code § 2-2.3406; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)
If the architectural plan is approved
and the applicant agrees to the conditions of approval, the applicant
shall file the following information with the planning division prior
to receipt of a building permit, license certificate or other approval:
C. Color chips.
Final architectural plan approval is deemed approval of the certificate of appropriateness required by Section 18.74.170 of this chapter. The zoning administrator or his or her designee shall certify that the final architectural plan submitted under this section accords with the architectural plan as approved by the zoning administrator or planning commission.
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(Prior code § 2-2.3407; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995; Ord. 2000 § 1, 2009)
The zoning administrator shall examine
the material submitted with the application by considering the following
aspects for conformance with the purpose of this chapter:
A. General site utilization considerations.
B. General architectural considerations:
1.
Height, bulk and area of buildings.
2.
Colors and types of building and
installations.
3.
Physical and architectural relationship
between the proposed structures and the existing built context.
4.
Site layout, orientation and location
of buildings and relationship with open areas and topography.
5.
Height, materials, color and variations
in boundary walls, fences or screen planting.
6.
Location and type of landscaping
including but not limited to off-street parking areas.
7.
Appropriateness of sign design and
exterior lighting.
C. General landscape considerations.
D. Graphics.
The zoning administrator shall be
guided in his or her review of improvements within the district by
the adopted downtown Pleasanton design guidelines.
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(Prior code § 2-2.3408; Ord. 1225 § 1, 1985; Ord. 1589 § 5, 1993; Ord. 1656 § 1, 1995)
A. No sign shall be erected, altered or moved
without a sign permit.
B. The following signs shall be exempt from
these regulations:
1.
Any sign erected and maintained pursuant
to and in discharge of any governmental function or required by any
law, ordinance or government regulations.
2.
Political campaign signs maintained in accordance with Chapter
18.100 of this title.
3.
Signs not visible from any public
place.
C. The zoning administrator or his or her
designee shall approve the sign permit prior to said sign's erection
if the plan conforms to the architectural plan for the sign and/or
conceptual scheme for temporary signage.
(Prior code § 2-2.3409; Ord. 1225 §1, 1985)
All signs not specifically permitted,
excepted or exempted by provision of this chapter are prohibited.
Once a use ceases to exist on a site, all signs (both conforming and
nonconforming) identifying said use shall be removed within 30 days,
and the surface on which the sign was mounted or attached shall be
patched, painted and otherwise repaired to remove all evidence of
the former sign.
(Prior code § 2-2.3410; Ord. 1225 § 1, 1985; Ord. 1396 § 1, 1989)
The zoning administrator, within
six months of the effective date of the ordinance codified in this
chapter, shall complete a sign inventory of all signs within the district,
both conforming and nonconforming.
(Prior code § 2-2.3411; Ord. 1225 § 1, 1985)
A. Every sign lawfully in existence at the
time of the adoption of the ordinance codified in this chapter which
is neither specifically permitted under these regulations or exempted
from these regulations is an existing nonconforming sign. All existing
nonconforming signs shall be permitted to remain and not subject to
amortization, subject to the limitations contained in this section.
B. Except for nonconforming historic signs meeting the requirements of subsection
D below, existing nonconforming signs shall not be moved, altered or modified in any way. Any such sign so removed, altered or modified shall immediately become an illegal nonconforming sign and shall be removed or abated as provided in this code. Any alteration or modification to a nonconforming historic sign shall be consistent with and shall not detract from the historic character of the sign.
C. A nonconforming sign shall become unlawful and shall be removed immediately upon any modification or alteration of the premises to which such sign relates, except that a nonconforming historic sign meeting the requirements of subsection
D below shall be permitted to remain upon any modification or alteration of the premises to which the sign relates.
D. For purposes of this section, an historic
sign is a sign which meets at least one of the following criteria:
1.
The sign has been existing within
the downtown revitalization district for at least 50 years.
2.
The sign has been designed according
to a distinct architectural period found in downtown architecture
and is consistent with the architecture of the building.
3.
The sign has attained a landmark
status due to a prominent locale or association with a continuous
use with the same business of 15 years or more.
E. A nonconforming sign shall become unlawful
and shall be removed immediately upon any change in use or business
to which the sign relates.
(Prior code § 2-2.3412; Ord. 1225 § 1, 1985; Ord. 1562 § 1, 1992)
A. Signs on lots having frontage on Main Street
in the district shall be permitted in accordance with the provisions
of Table 1 herein. The total area of all signs facing any street shall
not exceed one square foot for each linear front foot of business
establishment on such a street; provided, that a business having less
than 20 feet of frontage on a street shall be permitted up to 20 square
feet of sign area. All sign areas shall be measured in accordance
with the provisions of this code.
B. All first-floor retail and office uses
shall include pedestrian-oriented signage in the signs identifying
their businesses. A maximum of 75 percent of the total permitted sign
area for a site may be utilized as vehicular-oriented signs (e.g.,
signs which are primarily visible from a public street). The remaining
allowable area may be used for pedestrian-oriented signs (e.g., projecting
signs, window signs, overhang signs under building projections or
street-oriented directory signs) as determined by the zoning administrator.
C. Sign content shall be limited to the identification
of the site or use (e.g., business name). In addition, references
to generic product-types or services offered may be incorporated into
window signs, awnings, freestanding sidewalk signs, or flags. Such
signs shall be subject to design review approval.
D. All signs for businesses not having any
frontage on Main Street shall conform to the requirements set forth
in the downtown Pleasanton design guidelines and this subsection.
The total area of all signs facing any street shall not exceed one
square foot for each linear front foot of business establishment on
such a street; provided, that a business having less than 20 feet
of frontage on a street shall be permitted up to 20 square feet of
sign area.
1.
Any sign permitted under Table 1
Main Street Signs shall be allowed for businesses not having frontage
on Main Street except as superseded by subsection (D)(2) or (D)(3)
below.
2.
Residential properties lawfully converted
to nonresidential uses shall be allowed one sign only and it shall
be either a wall sign or a freestanding sign.
3.
Freestanding signs as allowed under
this section shall conform to the following:
a.
Twelve square feet maximum size;
b.
Four feet maximum height;
c.
Sign must be placed parallel to the
principal street frontage and set back from the street at least one-third
the distance between the edge of the sidewalk nearest the existing
structure and the place of the front façade of that structure;
d.
The base of the sign must be incorporated
in a landscaped solution;
e.
The materials and colors used in
the sign should be compatible with the materials and colors of the
existing structure; and
f.
Illumination of the sign is prohibited.
Table 1
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MAIN STREET SIGNS
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A.
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Definitions:
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1.
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"Wall sign" means a sign which is
mounted flush and affixed securely to a building wall, projected no
more than 12 inches from the face of a building wall, and not extending
sideways beyond the building face or above the highest line of the
building wall to which it is attached and shall not include internally
illuminated metal framed box signs.
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2.
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"Projecting sign" means a sign which
projects more than 12 inches and which is supported by a wall of a
building with the display surface of the sign possessing a plane not
parallel to the plane of the supporting wall and shall not include
internally illuminated metal framed box signs. Projecting signs may
be directly or indirectly illuminated.
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3.
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"Window sign" means a sign which
is painted, posted upon or displayed within three feet of an interior
translucent or transparent surface, including windows and doors, or
any interior sign which is clearly visible from a public street or
sidewalk.
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4.
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"Awning or canopy sign" means a sign
which is painted, sewn, stained, etc., onto the exterior surface of
an awning or canopy and which does not extend beyond the edge(s) of
the awning or canopy.
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5.
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"Temporary sign" means any window
sign maintained for a continuous period of less than 30 days.
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6.
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"Overhang sign" means a small pedestrian-oriented
sign suspended from, or mounted to, a permanent building projection.
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7.
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"Freestanding sign" means a sign
which is not attached to any building surface and which is supported
in the ground by a pole, post, pedestal or similar structural base.
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8.
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"Directory sign" means a sign which
displays the multiple names and locations (e.g., suite numbers) of
second-story tenants or businesses in buildings without direct frontage
on a public street.
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9.
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"Special event flyers" means temporary
signs promoting events sponsored by civic, charitable, educational
or other nonprofit organizations.
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10.
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"Freestanding sidewalk sign" means
a detached sign placed in the sidewalk area in front of a business
establishment identifying the business name or generic product-types
or services offered.
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11.
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"Menu display" means either a freestanding
or building-mounted display for advertising the menu of a restaurant
or bar.
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12.
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"Flag" means a decorative fabric
or cloth sign which contains wording and is attached to a pole or
post on the building and is not stretched crosswise on the building.
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13.
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"Temporary banner" means a banner
sign used to advertise a grand opening of a new business for a continuous
period of less than 30 days.
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14.
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"Decoration" means an attractive
display comprised of fabric or cloth flags, pennants, streamers, and
similar colorful attention-getting devices, including small balloons,
on or in front of a business establishment.
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B.
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Wall Signs. Maximum of one square
foot per linear foot of business establishment to be located not higher
than the lowest of the following:
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1.
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Twenty-five feet above grade;
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2.
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Bottom of the sill line of the second
floor windows; or
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3.
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Cornice line of the building.
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Note: For any business occupying
a corner location, the allowable square footage for a wall sign on
one street frontage cannot be transferred to increase the allowable
size for a wall sign on the other street frontage. Businesses which
are located on lots having frontage on Main Street may have signs
on the rear or side building elevations subject to design review approval.
The area of such signs shall not be counted as part of the maximum
allowable sign area for the site; provided, that the signs are not
directly visible from Main Street.
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C.
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Projecting Signs. Maximum of 40 square
feet, 20 square feet per side per business establishment, to be located
no less than eight feet above grade and to project no more than five
feet from the building wall and to be situated not higher than the
lowest of the following:
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1.
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Twenty-five feet above grade; or
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2.
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Cornice line of the building. No
projecting sign shall be located less than five feet from any common
wall or other point common to two separate business establishments
on the same property. No projecting sign shall be located less than
15 feet from any other projecting sign whether located on the same
property or not. No projecting sign shall be located directly above
a wall sign or above a building projection such as an awning or similar
shading device.
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D.
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Window Signs. Coverage shall not
exceed 25 percent for any individual window or door area visible from
the exterior of the building. Window signs are prohibited above the
second level.
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E.
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Awning or Canopy Signs. On ground
floor level, 30 percent maximum coverage allowed of the total exterior
surface area of each awning or canopy, not to exceed a total of one
square foot per linear front foot of business establishment. On the
second floor level and above, 20 percent maximum coverage allowed
of the total exterior surface area of each awning or canopy, not to
exceed a total of one square foot per linear front foot of business
establishment.
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F.
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Temporary Signs. Temporary signs
for all business may be displayed and maintained for not more than
30 days at a time, and may not occupy more than 25 percent of the
total window area of a business. Special event flyers may be erected
on private property up to two weeks in advance of the event being
promoted and must be removed within 48 hours following the conclusion
of the event.
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G.
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Overhang Signs. The following types
of overhang signs may be mounted to or suspended from fixed, permanent
building projections (but not on top of sloping surfaces or roofs):
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1.
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Signs mounted to the vertical face
of the building projection and therefor parallel to the storefront.
Such sign shall not exceed an overall average height of two feet;
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2.
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Signs suspended from a building projection
and therefor perpendicular to the storefront. Such signs shall not
exceed an overall average height of nine inches.
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H.
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Freestanding Signs. Freestanding
signs shall be permitted at residential structures which have been
converted to commercial use and at service stations and public buildings
with frontage on Main Street.
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I.
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Directory Signs. Directory signs
shall be permitted for multi-tenant buildings and for businesses in
buildings without direct frontage on a public street as follows:
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1.
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Directory signs may be building-mounted
and placed near a common building entry or stairway; additional directory
signs may be allowed at other building locations subject to design
review approval. Directory signs shall be placed only on the building
occupied by the tenants whose names appear on the sign.
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2.
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Directory signs may be freestanding
signs which are incorporated into a landscape area. Freestanding directory
signs may be pole or post signs but may not be monument signs. These
signs shall be limited to five feet in height and 12 square feet in
area and may be nonilluminated or indirectly illuminated (such as
spot lit).
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3.
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Directory signs may include a floor
plan or similar graphic diagram for the building or site. Directory
signs which are not visible from a public street shall not count toward
the allowable sign area for a site.
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J.
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Second-Story Signs. Second-story
signs shall be permitted for second-story businesses in accordance
with the following restrictions:
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1.
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Window signs may be allowed; provided,
that the coverage shall not exceed 25 percent for any individual window
or door area visible from the exterior of the building;
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2.
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Awning or canopy signs may be allowed;
provided, that the total sign message does not exceed 20 percent of
the total exterior surface area of each awning or canopy, not to exceed
a total of one square foot per linear front foot of business establishment;
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3.
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Overhang signs identifying second-story
businesses may be allowed at the ground level subject to the same
restrictions as noted in subsection G of this section;
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4.
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Signs that are mounted or affixed
parallel to the building façade may be allowed above the second-story
sill line where it is determined that the building architecture can
effectively accommodate such signs (e.g., buildings with street-oriented
second floor entrances or large, "arcade-type" overhangs), and where
such signage could be aesthetically integrated with the building architecture.
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K.
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Temporary "For Sale/Lease" Signs.
Signs pertaining to the sale, lease, rental or display of a structure
or land. Said signs are subject to the sign standards for location
and placement as prescribed in this chapter and subject to the standards
of subsection G of this section.
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L.
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Freestanding Sidewalk Signs: Freestanding
sidewalk signs shall be permitted if determined to be unique, creative
and attractive or which artistically reflect the unique type of business
they are identifying. Traditional A-frame signs are not permitted.
Signs shall be limited to a vertical dimension of 36 inches, a horizontal
dimension of 24 inches, and a total height not exceeding 48 inches
above the ground; exceptions may be permitted subject to a determination
by the zoning administrator that the unique design warrants a larger
sign. These signs shall be set back at least three feet from the street
curb and 10 feet from the side street curb on a corner site, and shall
be positioned to maintain an unobstructed area on the sidewalk of
at least four feet for pedestrian access. Sidewalk signs shall be
removed from the sidewalk by the close of business each day and shall
not be attached in any way to the sidewalk.
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M.
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Menu Displays. Menu displays, either
freestanding or building-mounted, shall be permitted. Freestanding
menu displays shall be unique, creative designs which may include
a wipe-off board or other area for menu copy which shall be limited
to a size of 36 inches by 18 inches in area. The total size of the
freestanding menu display shall be the same as for freestanding sidewalk
signs. Building-mounted menu displays shall consist of either changeable
lettering or a copy of the menu itself enclosed in a transparent case
(plastic or glass). Freestanding menu displays shall be removed from
the sidewalk by the close of business each day and shall not be attached
in any way to the sidewalk.
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N.
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Flags. High-quality designed cloth
or fabric flags with wording, symbols, or logos shall be permitted
to be mounted on a pole on a building wall or a post. Flags shall
be complementary to the building design and individual flags shall
not exceed two feet by six feet in area. Wording shall be limited
to business name, generic product-types or services offered. No flag
may be stretched crosswise on a building.
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O.
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Decorations. Decorations, except
for lights, shall be permitted to be attached to a building or its
supports, may be part of a freestanding sidewalk display, and may
overhang the public sidewalk as long as the vertical clearance is
not less than eight feet; the clearance requirement may be waived
where the decoration would not create an obstruction or hazard to
vehicles or pedestrians. Decorative lights which are an integral part
of a window display are permitted.
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P.
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Temporary Banners. Temporary banners
on the outside of buildings advertising the grand opening of a new
business shall be permitted for a maximum period of 30 days after
initial occupancy by the business. Banners shall not exceed two feet
by 10 feet in size.
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(Prior code § 2-2.3413; Ord. 1225 § 1, 1985; Ord. 1396 § 2, 1989; Ord. 1492 § 4, 1990; Ord.
1562 § 2, 1992; Ord. 1652 §§ 1, 2, 1995; Ord. 2216 § 2, 2021)
No building façade shall have
more than two different types of signs, menu boards excepted, otherwise
allowed by this chapter. No building or business may have more than
one removable freestanding sign (e.g., menu display, freestanding
sidewalk sign) on display at any time.
(Prior code § 2-2.3414; Ord. 1225 § 1, 1985; Ord. 1652 § 3, 1995)
The following signs shall be removed
by the person in possession or control of the premises within 30 days
of the effective date of the ordinance codified in this chapter:
A. Any sign which has been maintained continuously
for 60 or fewer days prior to the date of introduction of the ordinance
codified in this chapter, except signs erected pursuant to a valid
city approval.
B. Any sign constructed on or of paper or
similar material, or by chalk, felt pen, tempera, grease pencil or
similar medium.
C. Any sign relating to an event which has
been completed or which will be completed or commenced within 30 days.
D. All signs relating to sales except signs
relating to registered going-out-of-business sales are deemed to relate
to events which have been or will be commenced or completed within
30 days and are temporary signs.
(Prior code § 2-2.3415; Ord. 1225 §1, 1985)
A. No person shall alter or materially change
the appearance of any structure, portion of a structure, or sign,
visible from a public street or way, nor shall any permit of such
actions be issued without such person first having applied for and
been issued a certificate of appropriateness by the zoning administrator.
The zoning administrator may refer an application for a certificate
of appropriateness to the planning commission for review and action
if deemed necessary.
B. Certificates shall be issued for all such
proposed actions determined by the zoning administrator or planning
commission to be consistent with the purpose of the district. The
zoning administrator or planning commission shall be guided in their
determination by the provisions of this chapter and the adopted downtown
Pleasanton design guidelines. Certificates of appropriateness shall
be in addition to and not in lieu of any other required permit.
(Prior code § 2-2.3416; Ord. 1225 § 1, 1985; Ord. 1586 § 6, 1993; Ord. 1656 § 1, 1995)
No person shall demolish or remove an existing structure, including a structure of primary or secondary significance, without first obtaining a certificate of appropriateness from the planning commission. Structures of primary or secondary significance are those determined to be so by the city council, from time to time, and adopted pursuant to the regulations governing adoption and changes in the downtown Pleasanton design guidelines. all applications for demolition permits shall be forwarded upon receipt by the chief building official to the planning commission. If the application for demolition is clear the property of a structure, which in the opinion of the chief building official could be subject to proceedings for the abatement of hazardous buildings under this code, then the applicant shall not be required to submit, with this application, materials sufficient to enable the planning commission to determine that the proposed future use including the design is consistent with the adopted guidelines. In all other cases the applicant shall submit material sufficient for such review. The commission has the authority to deny a certificate of appropriateness or to delay the issuance of the certificate in accordance with the standards set forth under Section
18.74.190 of this chapter. The commission may delay issuance for 90 days for a structure of secondary significance and 180 days for a structure of primary significance.
(Prior code § 2-2.3417; Ord. 1225 § 1, 1985; Ord. 1586 § 7, 1993)
Upon receipt of an application for
a permit to demolish, the commission shall set a time and place for
review and public hearing on the application and shall give the owner
or applicant and all other persons who have indicated their interest
in the application written notice. Such hearing shall be held not
later than 30 days after receipt of the application by the commission.
The commission shall issue a final decision not later than 15 days
after closure of the public hearing. If the commission fails to hold
the hearing or take final action within the time period specified
or as extended by mutual agreement, the application shall be deemed
to be approved. Whenever an application is so deemed approved it shall
automatically be deemed appealed to the city council. The city council
shall hear the appeal in accordance with the procedures set forth
in this code for appeals. In case of a denial or delay, the commission
shall state its reasons therefor in writing. In case of approval of
the application, the commission shall issue a certificate of appropriateness.
(Prior code § 2-2.3418; Ord. 1225 § 1, 1985; Ord. 1586 §8, 1993)
If the commission finds that: (1)
the proposed demolition of a structure would be inappropriate or inconsistent
with the purposes of this chapter, or that (2) the proposed demolition
would have an adverse effect on adjoining property, or on the built
context, or that (3) the proposed future use and design of the property
would be inconsistent with this chapter or the adopted guidelines,
then the commission shall deny the certificate of appropriateness,
unless the applicant establishes to the satisfaction of the commission
that there is unnecessary hardship in the strict application of this
chapter. To establish hardship, the applicant must show that no reasonable
use of the property can be made unless the structure is demolished.
The applicant must also show that the hardship is the result of the
application of the chapter and is not the result of any act or omission
by the applicant or the applicant's predecessor in interest. If the
commission finds that such unnecessary hardship exists, it shall approve
the certificate of appropriateness unless the proposed demolition
would alter the essential character of the built context. In such
case, the commission shall delay issuance of the certificate for 180
days for structures of primary significance and 90 days for structures
of secondary significance. During the delay period, the commission
shall take such action as it deems necessary to preserve the structure.
Such action may include negotiations with civic groups, public or
private agencies or individuals for the purchase, lease or relocation
of the structure. The Commission may also suggest eminent domain proceedings
be initiated by the city council.
(Prior code § 2-2.3419; Ord. 1225 § 1, 1985; Ord. 1586 § 9, 1993)
Every person in possession or control
of a nonsingle-family residence structure and appurtenant premises
in the district shall maintain and keep in good repair such structure
and premises. Structures and appurtenant premises in good repair present
no material variance in apparent condition from surrounding structures
in compliance with these requirements. "Good repair" means and includes
that level of maintenance and repair which: (1) clearly ensured the
continued availability of such structure and premises for lawful reasonable
uses; (2) prevents deterioration, dilapidation and decay of any exterior
portion of such structure and premises; and (3) avoids impairment
to surrounding structures of the benefits of the district.
(Prior code § 2-2.3420; Ord. 1225 § 1, 1985)
The following vehicle related uses
of property and structures along Main Street within the district are
not required to make reasonable use of such property or structures,
are inconsistent with the architectural character and purpose of the
district, and are prohibited:
A. Vehicle ingress onto and egress from property
and structures;
B. Parking lots or structures;
C. On-site parking of vehicles closer than
50 feet to the Main Street property line.
(Prior code § 2-2.3421; Ord. 1225 § 1, 1985)
Setback of structures from property
lines along Main Street is prohibited. Setback of structures located
elsewhere within the district is permitted and may be required in
those cases where the zoning administrator finds that the architectural
character of the district and the built context of the improvement
will be enhanced while not depriving the owner of substantially all
reasonable use of his or her property.
(Prior code § 2-2.3422; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)
Along façades on Main Street
only, the zoning administrator may allow projections consistent with
the adopted guidelines and may, where necessary to the design solution,
allow such projections to turn the corner onto another façade.
The zoning administrator may allow awnings anywhere in the district.
With the exception of sign and building ornamentation as otherwise
allowed under this chapter and of projections permitted by the zoning
administrator under this section, no part of any structure may project
onto or overhang the public right-of-way.
(Prior code § 2-2.3423; Ord. 1225 §1, 1985; Ord. 1656 § 1, 1995)
No building permit, license, certificate
or other approval or entitlement shall be issued or given by the city
or any department or employee thereof with respect to any matter subject
to the provisions of this chapter except in strict conformity with
the requirements of this chapter and none shall be issued or given
until the time to appeal has run without appeal. No certificate of
use and occupancy or similar approval shall be issued or given for
any improvement subject to design review until the zoning administrator
has certified that the improvement has been completed in accordance
with the final architectural plan approved pursuant to this chapter.
Any permit, license, certificate or other approval or entitlement
given in violation of this chapter is void.
(Ord. 2216 §
2, 2021; Prior code § 2-2.3424; Ord. 1225 § 1, 1985)