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Pinole Overview
Pinole, CA Municipal Code
PINOLE, CA MUNICIPAL CODE
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS LICENSES AND REGULATIONS*
Title 6 ANIMALS
Title 7 (RESERVED)
Title 8 HEALTH AND SAFETY*
Title 9 PUBLIC PEACE, MORALS AND WELFARE*
Title 10 VEHICLES AND TRAFFIC
Title 11 (RESERVED)
Title 12 STREETS AND SIDEWALKS
Title 13 PUBLIC SERVICES
Title 14 (RESERVED)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISIONS*
Title 17 ZONING CODE
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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17.12.080 ADMINISTRATIVE DESIGN REVIEW.
   A.   Purpose. The purpose of Administrative Design Review is to provide an efficient process for promoting the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city, and to ensure physical and functional compatibility between uses. Administrative design review is intended to provide a process for consideration of minor development proposals to ensure that additions and alterations to the design and layout of existing development will constitute suitable development and will not result in a detriment to the city or to the environment.
   B.   Applicability. Administrative design review is required for all structural additions to single family, multi-family and non-residential structures. Additions for multi-family and non- residential structures that are five hundred (500) square feet or larger require comprehensive design review. Furthermore, all new single family homes shall require comprehensive design review. Issues related to fire and public works compliance are addressed during the plan check process. Issues related to Building Code compliance are addressed at time of building permit issuance.
   C.   Approving Authority. The designated approving authority for administrative design review is the Community Development Director. Administrative design review approval is required prior to issuance of any building permits or site improvement plans.
   D.   Application Contents. The application for an administrative design review shall be on a form prepared as prescribed by the Community Development Director.
   E.   Procedure. The procedures for administrative design review shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
      1.   No public hearing shall be required unless required below.
      2.   The city shall provide mailed notice pursuant to Section 17.10.050B.2. that the city is considering an application for administrative design review. In addition to the content required under Section 17.10.050B., the mailed notice shall advise persons that plans for the project are available for public review at City Hall and that the application will be decided unless a written request for hearing is received by the City Community Development Department on or before a date specified in the notice, which shall be at least ten (10) working days after the date of mailing.
      3.   If no timely written request for hearing is filed, the application shall be administratively approved by the Community Development Director if it is deemed to be consistent with the provisions of this title.
      4.   If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be processed in accordance with the procedures for comprehensive design review.
      5.   The Community Development Director may elevate any project to the comprehensive design review process if in the opinion of the Community Development Director, such project, because of location, size, design, or other aspect of the project, warrants a hearing before the Planning Commission.
   F.   Approval Findings. The approving authority shall make the following findings to approve or conditionally approve an administrative design review application:
      1.   Compliance with the general plan and any applicable specific plans.
      2.   Compliance with applicable provisions of the Zoning Code.
      3.   Compatibility with the surrounding neighborhood.
      4.   Qualifying single-family residential, multi-family residential, and residential mixed-use projects shall comply with all relevant standards and guidelines in the city's currently adopted design guidelines for residential development.
   G.   Appeals. Appeal of the approving authority's action on the request for administrative design review permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
   H.   Expiration. All approved administrative design review permits are subject to the provisions set forth in Section 17.10.120 (Revocation).
(Ord. 2020-01, § 2, 2020: Ord. 2012-07 § 2, 2012: Ord. 2010-02 § 1 (part), 2010)
17.12.090 SIGN PERMIT.
   A.   Purpose. Sign permits provide a mechanism for administrative review and determinations to ensure that new or replacement signs are consistent with the general plan and provisions of the Zoning Code, including a previously approved sign program.
   B.   Applicability. A sign permit shall be required for all permanent signs, as defined by this title, as follows. Where a sign is proposed, no building permit may be issued until a sign permit has first been approved and issued.
      1.   Prior to the establishment or erection of a new sign or the replacement, alteration, or relocation of an existing permanent sign, as specified in Section 17.52.030 (Permit Requirements and Review Procedures).
      2.   Signs where use permit or variance approval have already been given to a particular business use and a new or existing owner of that business use wants to change a sign face but still be in conformance with the location, size, shape, and height of the original permit.
      3.   Signs proposed for locations where a sign program has been previously approved by an approving authority.
   C.   Approving Authority. The designated approving authority for a sign permit is the Community Development Director. The Community Development Director approves, conditionally approves, or denies sign permits in accordance with the requirements of this title.
   D.   Application Contents. The application for a sign permit shall be on a form prepared as prescribed by the Community Development Director and shall be accompanied by the information required by such form. The information shall include, but is not limited to, the following:
      1.   The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form.
      2.   Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property.
      3.   All required materials for issuance of a building permit.
      4.   Location, size, colors, shape, type of illumination, copy design, and manner of installation of the proposed sign and affected building elevation or the frontage of the premises. Information shall also disclose all existing signs on the premises, including exempt signs, giving the size and location of each.
      5.   Such other information on site or environmental conditions as the Community Development Director may reasonably request to determine that the proposed sign is in full compliance with the provisions of this title, the Municipal Code, and other applicable law. The message proposed to be displayed on the sign is not required but may be shown at the option of the applicant.
   E.   Procedures. The procedures for sign permit shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
      1.   Multiple sign applications. When an application proposes two (2) or more signs on the same property and/or as part of the same tenant, the applications may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
      2.   Public Hearing. The city shall provide notice and a public hearing for continuation of the approval, modification, revocation or appeal for an application for a sign permit, or an equivalent development permit, in accordance with Section 17.10.050.
      3.   Revocation or cancellation. The Community Development Director shall revoke any approval or permit upon refusal by the permit holder to comply with the provisions of the permit after written notice of noncompliance and at least thirty (30) days opportunity to correct. The opportunity to correct does not apply in the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety.
      4.   Timing. An application for a sign permit for a permanent sign shall be submitted to the Community Development Director at the time the building permit application is submitted.
      5.   Appeals. Appeal of the approving authority's action on the request for a sign permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
   F.   Approval Findings. The approving authority may approve a sign permit when the sign permit application and the sign itself complies with the standards and requirements of this title. A sign permit application may be approved subject to conditions, so long as those conditions are not in conflict with this title or some other applicable law, rule, or regulation. Permits which do not clearly meet such requirements shall be referred to the Planning Commission.
   G.   Appeals. Appeal of the approving authority's action on the request for a sign permit shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
   H.   Expiration. All approved sign permits are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
17.12.100 CREATIVE SIGN PROGRAM.
   A.   Purpose. The purpose of a creative sign program is to provide a process for property owners and businesses to propose special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign program also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign program is to:
      1.   Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
      2.   Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
   B.   Applicability. An applicant may request approval of a creative sign program in order to allow a sign that may require standards that differ from the signage provisions of this title, but comply with the purpose and findings for a creative sign program. Establishments that are eligible for creative sign programs include any commercial, office, or industrial use in the city.
   C.   Approving Authority. The Community Development Director shall be the designated approving authority for creative sign programs.
   D.   Application Contents. The application for creative sign program shall be made on a form as prescribed by the Community Development Director and shall be accompanied by the information identified on the form. The information shall include the following:
      1.   The name, address, contact information, and signature of the applicant, as well as the name, address, and contact information for the contractor or installer and property owner. If the applicant is someone other than the sign owner, then the sign owner's signature is also required on the application form.
      2.   Proof of consent of the property owner or other person(s) having the immediate right to possession and control of the property.
      3.   Preliminary information indicating how the sign will be constructed and/or mounted to a building or structure.
      4.   Location, size, structure, and other descriptive information required by the Community Development Director.
      5.   Such other on site or environmental conditions as the Community Development Director may reasonably request to determine that the proposed application is in full compliance with the provisions of this title, the city municipal code, and other applicable law. The message proposed to be displayed on the sign is not required but may be shown at the option of the applicant.
   E.   Procedures. The procedures for creative sign program shall be as provided in Chapter 17.10 (General Application Processing Procedures) except as provided below:
      1.   Multiple signs. One (1) creative sign program may be submitted for multiple signs, provided all signs are on the same property or contiguous parcels within the same zoning district and/or as part of the same tenant. In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice or the action shall be provided to the applicant and shall specify the ground(s) for such denial.
      2.   Public hearing. No public hearing shall be required for a creative sign program, except as set forth below:
         a.   Notice of the filing of an application for a creative sign program shall be mailed to persons owning property within three hundred (300) feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice of application shall advise persons that plans for the project are available for public review at City Hall. The notice shall also indicate that the approving authority will take final action on the application unless a written request for hearing is received by the Community Development Director on or before the date specified in the notice, which shall be at least ten (10) working days from the date of mailing.
         b.   If no timely written request for hearing is filed, the application shall be decided by the designated approving authority.
         c.   If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the Planning Commission.
         d.   Notwithstanding the foregoing, the approving authority may elevate any project to a Planning Commission decision if, in the opinion of the approving authority, such project is not in substantial conformance with the intent of the creative sign permit or if the approving authority determines that the location, size, or design of the project warrants a hearing before the Planning Commission.
      3.   Revocation or cancellation. The Community Development Director shall revoke any creative sign program upon refusal by the permit holder to comply with the provisions of the creative sign program after written notice of noncompliance and at least thirty (30) days opportunity to correct. In the event that the sign, by nature of its physical condition, poses an imminent or significant threat to public safety, the Community Development Director shall revoke the creative sign program and order immediate correction of the safety hazard.
      4.   Timing. An application for a creative sign program shall be submitted to the Community Development Director prior to submittal of an application for a sign permit.
   F.   Deviations. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign program and may, upon written findings, be approved by the approving authority:
      1.   Increases in maximum allowed area for permanent signs on the subject site;
      2.   Allowances for types of lighting not otherwise permitted by this title;
      3.   Allowances for types of signs not specifically permitted by this title; and
      4.   Allowances for signs to exceed the maximum height requirement(s).
   G.   Criteria for Deviations. In approving an application for a creative sign permit and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets the following criteria:
      1.   Design quality. The sign shall:
         a.   Have a positive visual impact on the surrounding area;
         b.   Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
         c.   Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
         d.   Complement and enhance architectural elements.
      2.   Contextual criteria. The sign shall contain at least one (1) of the following elements:
         a.   Creative image reflecting current or historic character of the city; or
         b.   Inventive representation of the logo, name, or use of the structure or business.
      3.   Architectural criteria. The sign shall:
         a.   Utilize or enhance the architectural elements of the building; and
         b.   Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.
      4.   Impacts on surrounding uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses, especially residential uses.
   H.   Approval Findings. A creative sign program shall be granted only when the designated approving authority makes all of the following findings:
      1.   The proposed creative sign permit is consistent with the objectives of the general plan;
       2.   The proposed signage is consistent with the purposes of the creative sign program; and
      3.   The proposed deviations from the signage standards of this section are consistent with the deviations allowed and the considerations and basis for deviations listed in this section.
   I.   Appeal. Appeal of the approving authority's action on the request for a creative sign program shall be made in accordance with the procedures specified in Section 17.10.070 (Appeals).
   J.   Expiration. All approved creative sign programs are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)
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