Ordinance 3082
CITY OF ALAMEDA ORDINANCE NO. 3082
New Series
AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE TO ALLOW
PORTABLE FREESTANDING SIGNS UNDER CERTAIN CONDITIONS,
INCLUDING SECTIONS 30-6.7 SIGNS EXEMPT, 30-6.9 PROHIBITED
SIGNS, 6-3.2 ADVERTISING PROHIBITED OR RESTRICTED, AND 22-21.5
OBSTRUCTION OF SIDEWALK BY BOXES AND OTHER OBJECTS
WHEREAS, the City of Alameda currently prohibits Portable Freestanding
Signs in the public right-of-way but a recent survey of businesses found that a
majority (78.6 percent) of respondents were in favor of allowing Portable
Freestanding Signs; and
WHEREAS, the survey revealed that one-third of respondents felt that
“portable signs provide useful information to customers, such as sales, bargains,
dinner specials, and/or future events” and over one-quarter responded that “portable
signs help local businesses by encouraging people to stop in;” and
WHEREAS, many “Main Street” retailers want to place signs on the sidewalk
adjacent to the business or adjacent to the curb; and
WHEREAS, Alameda City staff reviewed Municipal Codes of various other
cities and noted many cities allow portable freestanding signs with certain provisions,
including the cities of Hayward, San Jose, Berkeley, El Cerrito, Cupertino and
Portland, Oregon; and
WHEREAS, an interdisciplinary City team reviewed the Portable Freestanding
Signs proposal and included provisions to safeguard the public while allowing
retailers increased exposure; and
WHEREAS, the project is Categorically Exempt from additional environmental
review pursuant to California Environmental Quality Act (CEQA) Guidelines, Section
15305, Minor Alterations in Land Use Limitations, as sign regulations are land use
limitations and the amendment represents a minor change.
BE IT ORDAINED by the City Council of the City of Alameda:
Section 1. SECTION 30-6.7 Signs Exempt of the Alameda Municipal Code is
hereby amended to include new subsection u. to read as follows:
u. Portable Freestanding Signs. Notwithstanding other code
sections regulating Portable Freestanding Signs, Portable
Freestanding Signs are exempt when each of the following
conditions are met:
(a) Sign is limited to one per tenant;
(b) Sign will not exceed four (4’) feet in height, nor three (3’) feet
in width;
(c) Sign area will not exceed eight (8) square feet per side;
(d) Sign is placed adjacent to the building frontage where the
business is located;
(e) Sign location will be entirely within the first three (3’) feet of
the sidewalk, starting at the building face;
(f) Sign placement maintains a clear pedestrian access area of at
least five (5’) feet and does not block street corner, pedestrian
crossings, visibility zones, Americans with Disabilities Act (ADA)
ramps, ADA parking, bus stop zones or fire exits;
(g) Sign shall remain standing and shall not be locked or chained
or in any other way attached or secured to public property (e.g.
trees, parking meters, street lights, other permanent structures);
and
(h) Sign is removed daily and whenever the business is closed.
Section 2. Section 30-6.9 Prohibited Signs of Alameda Municipal Code is hereby
amended to revise subsection h. to read as follows:
h. Portable Freestanding Sign. Portable freestanding signs on the public
right-of-way are prohibited except for temporary service station and real
estate signs, and signs in compliance with Section 30-6.7.u. on
medians of public roads and sidewalks. Such temporary service station
and real estate signs may not be placed on medians or sidewalks in a
manner which obstructs pedestrian or vehicular traffic, or lines of sight.
Section 3. Section 6-3.2 Advertising Prohibited or Restricted of Alameda Municipal
Code is hereby amended to revise subsections b. and d. to read as follows:
b. No billboard or part thereof except off premises directional signs, as
defined in Section 30-6.2b shall be located on or above any public
property, nor shall any billboard be located on any private property
without the lawful consent of the owner, holder, lessee, agent or trustee
thereof. No sign or part thereof, except off-premises directional signs,
and street signs and Portable Freestanding Signs allowed in Section
30-6.7.u., shall be located over or on public property.
d. It shall be unlawful for any person hereafter to erect, place, alter or
maintain in front of or attached to any building, any street sign
projecting beyond the property line or over or on any sidewalk or public
thoroughfare except such as is embraced within one (1) of the
classifications set forth in subsSection 6-3.7, inclusive, or Section 30-
6.7.u., and subject to the conditions stated therein for such respective
classification; provided, however, that this paragraph subsection shall
not, nor shall any provision of this section render unlawful the
maintenance of any advertising structure erected and maintained under
a lawful permit prior to the adoption of this Code; provided, further, that
horizontal signs projecting more than eight (8') feet from the face of the
building and legally erected prior to the adoption of this Code shall be
swung back against the face of the building between the hours of 8:30
a.m. and 5:00 p.m. next ensuing.
Section 4. SECTION 22-21.5 Obstruction of Sidewalk by Boxes and other objects
of the Alameda Municipal Code is hereby amended to revise subsection a. to read as
follows:
a. No person shall place or cause to be placed anywhere upon any public
street, way or sidewalk in the City, and no person owning, occupying, or
having control of any premises shall suffer to remain in front thereof upon
the sidewalk, or portion of the street or way next to such premises, any
boxes, bales, barrels, wood, lumber, goods, wares and merchandise, or
any other thing obstructing the free use or passage of such street, way or
sidewalk. Provided, however, that (i) any person may display goods, wares
and merchandise on that portion of the sidewalk within two and on e-half (2
½′) feet from his/her property line, (ii) and also provided that goods, wares
and merchandise in transit may be allowed on the outer three (3′) feet of
the sidewalk for a period not exceeding three (3) hours and (iii) a person
may place a Portable Freestanding Sign in compliance with Section 30-
6.7.u.
b. No change.
Section 5. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Section 6. Severability Clause: It is the declared intent of the City Council that if any
section, subsection, sentence, clause, phrase, or provision of this ordinance is held
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not be so construed as to render invalid or unconstitutional
the remaining provisions of this ordinance.
_____________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 19th day of November, 2013, by the following vote to
wit:
AYES: Councilmembers Chen, Daysog, Tam and Mayor Gilmore
- 4
NOES: Councilmember Ezzy Ashcraft - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of November, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda