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HomeMy WebLinkAboutEXC054_EXCEPTION PERMIT #54, CANNERY VILLAGEMCFADDEN SQUARE, SP-6 DISTRICTCity of Newport Beach Planning Commission Minutes November 9, 2000 SUBJECT: Temporary Signs City of Newport Beach, applicant on behalf of property owners Cannery Village/McFadden Square Specific Plan Area) • Exception Permit No. 54 Request for an exception to the sign regulations of the Cannery Village/McFadden Square Specific Plan District that limit the size, duration and number of temporary signs. The exception will apply only to those commercial properties located within the Specific Plan Area where visibility or identification is impacted by construction associated with Public Works or Utility Projects. The exception will establish the Planning Director Approval procedure for review and conditional approval of requests for deviation of the Sign Code regulations Ms. Temple noted that this is an unusual request initiated by City Planning Department staff in regards to an issue that had been dealt with in the past at times when either the Public Works Department or the City Utilities Division are doing significant construction in an area in such a fashion that access to and visibility of businesses becomes difficult. This is currently happening across 32nd Street in the Cannery Village area, related to a storm drain project being done by the Public Works Department. We have been approached by a number of the businesses within the village and fronting Newport Boulevard requesting some relief to give them some visibility during the ongoing construction. This particular type of consideration does have precedence in that we processed an individual sign exception permit for the Arches Restaurant as it related to the construction of the Arches interchange a few years ago. It allowed them a significant relief from limitations on temporary signs. What staff is suggesting in this particular case is that the Planning Director be authorized through this exception permit to, on a case by case basis, evaluate the interim harm being done to the visibility of the business during the construction projects and to allow the Planning Director to approve temporary signs of longer duration and perhaps greater number. We view this as an opportunity to provide relief to those businesses. It would also allow us to test process in order to consider establishment of such a procedure on a more permanent basis for the whole City in the Zoning Code. At Commission inquiry, Ms. Temple stated: • Size of sign depends on location of business where visibility is being sought. • Size for signage has been accumulative - in some cases exceeding that square footage may be called for. • Staff needs to make sure that whatever relief is granted is reasonable and minimally necessary in order to ensure visibility. Commissioner Gifford noted that in terms of size, the areas in question are no long distance to see. It is not like seeing something off a freeway. I would like to see the signs not large at all. For the purpose of identifying them as open 55 INDEX Item No. 6 Exception Permit No. 54 Approved City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX during construction and directing traffic to parking areas and access is appropriate. I don't see authorizing signs for the purpose of assisting in business identification. The way traffic slows down during construction gives everybody an opportunity to see the identification that is already there. I would be in favor of limiting the size of the signs. Ms. Temple answered that it is intended to be on a case by case basis. I would have no problem under the provision of accepting an exception to the duration and the number if the Commission wishes to limit the actual size of each individual sign. Particularly in this area, that would pose no problem. Because we have not had anybody make a specific request, we are attempting to create a procedure whereby they can be considered and approved. What we have suggested is an approval granted by the Planning Director, which the Commission could call for review. Commissioner Gifford asked for the criteria of getting an exception permit. What would I get that would show me what you were going to be judging my request against? Ms. Temple answered that during this limited time, staff would sit down with the applicant to look at the frontage and the problem involved and come up with a set of signs that would address the issues of the specific location of where the construction was going on and the type of visibility being affected by the project in process. It would be case by case. This approval by the Commission of Exception Permit No. 54 with the guidance contained therein would be my authority to act. If you wanted to restrict the size that would be a true limitation. Otherwise, I would have the flexibility to look at the circumstances in a particular case and the problems relating to the visibility. This staff report specifies the guidance for the discretion to be applied. This would not be applied if the business just wanted more signs. Commissioner Kiser stated that this is only for Public Work and Utilities projects that are blocking businesses during the City's construction time. I suggest that we add to the conditions that it is just for those purposes; a minor change that the largest size is with substantial justification. Mrs. Wood stated that the businesses have a legitimate concern with the City's construction projects and the impact on them. We did a similar thing with regards to the Arches bridge construction. It seems it would be fair to provide this in some form even if there is not the extent of flexibility that has been suggested in the staff report. Commissioner Gifford noted that we already allow for temporary signage; 100 square feet and 90 days a year. The Arches bridge project was exceptional in the amount of disruption. If we were to continue this to January, couldn't people use the 90-day permit to do what they need for the moment? 56 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX Ms. Temple stated that the primary issue is the number limitation, one sign. To the extent that they are identifying their business or trying to get people into their parking lot where they may have to go through some different path of travel that is not normal for the business. i think most of the business feel the number is really the most problematic. Commissioner Gifford noted that we could have this exception permit to allow the businesses to break up the 100 square feet limitation into as many signs as they feel appropriate. Ms. Temple agreed noting that the issue is really the number and duration as opposed to the size. Commissioner Kiser suggested 3 maximum signs and still within the 100 square feet requirement and then adding that this is only for the Public Works and Utilities projects. Motion was made by Commissioner Gifford to approve Exception Permit 54 to allow for exceptions to the zoning Code allowance for temporary signs for the purposes of allowing businesses to identify themselves as open during construction and to direct business traffic to parking areas and access in the kinds of situations described by Commissioner Kiser. The exception would be that the 100 square feet can be used for up to three signs as opposed to one; 90 days or to the completion of the construction, whichever is longer. Ms. Clauson added that condition 1 says the exception permit approval shall extend to December 31, maybe if we added language that said this exception permit approval shall extend to approvals by the Planning Director in accordance with two through nine below and shall extend to December 315t. In other words, the exception permit only applies to conditions on 2 through 9 below and that approval goes through December 31, 2001. The reason why is when you read condition 1 it seems the exception permit approval would extend to December 31 so that people that would come in and get it would have the right to do it through December 31, regardless of the limits put on. So, to eliminate that confusion I thought that if you could make it clear that the exception permit approval extends to compliance with 2 through 9 below. Commissioner Kiser suggested that it not be numbered 1, that it is an introductory and then do this under conditions. Commissioner Gifford suggested that under condition 3, line 2 the words 'size or' has to come out. Also to add that the authority of the Planning Director under this exception permit shall expire. Ms. Wood asked if it would be better to remove the date and say to the end of the construction period. 57 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX Commissioner Kiser noted his concern about the end of construction. He suggested leaving it to the ninety days and if it needs to be renewed, the Planning Director will have the discretion to allow that. Ms. Clauson noted that the duration of these Public Works projects are bid and have a timer period. It is not vague as somebody might try to argue. Ms. Wood noted that we are trying to help businesses that the City is impacting through our construction projects. If we make these people come back in at the end of 90 days to fill out an application form for an extension that we know we are going to grant it is asking them to deal with red tape and bureaucracy. Commissioner Kiser stated that given that they are Utilities projects and are more definable than homes that take five years to build, etc. I withdraw my suggestion. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley Noes: None Absent: Tucker EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Exception Permit No. 54 Findings: 1. The Land Use Element of the General Plan designates the Cannery Village/McFadden Square Specific Plan Area for a combination of "Retail and Service Commercial and Residential" uses. Retail and Office uses with associated signs are permitted in this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. The approval of this Exception Permit will not be contrary to the Sign Code because: The approval will establish a process that streamlines the review and approval for signs that deviate from size, duration and number requirements of the Sign Code. The purpose of the use of temporary signs will not change by this approval since the signs approved through the Director's approval process will be of a limited duration. M. City of Newport Beach Planning Commission Minutes November 9, 2000 4. The approval of this Exception Permit to allow deviation from the Sign Code for size duration and number of temporary signs, is necessary to protect a substantial property right because: The adverse impact of public works or utility projects can have a detrimental affect on the existing commercial uses to be able to conduct business as usual. • The use of strategically placed temporary signage can aid patrons in locating businesses affected by construction projects. • The temporary signs can enhance existing business identification signs, direct business traffic to access and parking for the business, and when effectively utilized will reduce patron confusion that will in turn reduce traffic concerns in the area. 5. The proposed procedure for the granting of temporary sign approval by the Planning Director will ensure compliance with the intent of the Sign Code because: The purpose of temporary signs established by the Municipal Code for display for limited duration will remain in effect. Permanent signs will continue to require the application of an exception permit on an individual basis. The temporary sign will be considered and reviewed based on the impacts of the public works or utility construction project and needs of the business or property to mitigate such adverse affect. The Planning Commission will retain the authority to call up for review any decision of the Planning Director With the ability to sustain, modify or reverse the decision. Conditions: This exception permit approval shall extend to approvals by the Planning Director in accordance with 2 through 10 below and shall extend to December 31, 2002, after which date it shall become null and void. This exception permit approval cannot be extended. 2. Extensions of time for existing or temporary signs that conform to size and number requirements in accordance with Section 20.43.050 N-7 of the Newport Beach Municipal Code, can be granted by the Planning Director in accordance with the provisions of Section 20.91. Extensions of time cannot be granted for duration beyond December 31, 2002. 59 INDEX City of Newport Beach Planning Commission Minutes November 9, 2000 3. The exception can be used for temporary signs up to three in number, which cannot exceed a total of 100 square feet. 4. Prior to issuance of building permits for placement of any temporary sign that exceeds the size eK number restrictions of Section 20.43.050 N-7, shall be reviewed in accordance with the procedure granted by this exception permit and as conditioned below. 5. The applicant shall submit an application for Planning Director's Approval and all required accompanying material as required, at least two weeks prior to the proposed placement date, unless otherwise accepted by the Planning Director. 6. The application for Planning Director's Approval shall include a written statement of the justification for the proposed request, area dimensions (as measured by two sets of parallel lines around the sign), proposed maximum duration and proposed number of signs. 7. The duration allowed for any temporary sign shall not exceed 90 days or the duration of any construction project that prompted the temporary sign request, whichever is longer. 8. The temporary signs shall not be internally illuminated. 9. The sign location shall be reviewed and approved by the Public Works Department with regard to sight distance requirements prior to the issuance of the building permit. 10. The Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. ADDITIONAL BUSINESS: a.) City Council Follow-up - Assistant City Manager Sharon Wood reported that at the last meeting of the City Council there were presentations by the Planning Director and Building Director at the Study Session on dealing with the high level of plan check activity; fees will be adjusted to accommodate additional staff; approved a resolution to make appointment changes to the Environmental Quality Affairs Committee; 60 INDEX Additional Business EXHIBIT "A" 1 FINDINGS AND CONDITIONS OF APPROVAL FOR FILE COPY Exception Permit No. 54 Approved by Planning Commission 11/09/2000 Findin s: 1. The Land Use Element of the General Plan designates the Cannery Village/McFadden Square Specific Plan Area for a combination of "Retail and Service Commercial and Residential" uses. Retail and Office uses with associated signs are permitted in this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. The approval of this Exception Permit will not be contrary to the Sign Code because: The approval will establish a process that streamlines the review and approval for signs that deviate from size, duration and number requirements of the Sign Code. The purpose of the use of temporary signs will not change by this approval since the signs approved through the Director's approval process will be of a limited duration. 4. The approval of this Exception Permit to allow deviation from the Sign Code for size duration and number of temporary signs, is necessary to protect a substantial property right because: • The adverse impact of public works or utility projects can have a detrimental affect on the existing commercial uses to be able to conduct business as usual. • The use of strategically placed temporary signage can aid patrons in locating businesses affected by construction projects. • The temporary signs can enhance existing business identification signs, direct business traffic to access and parking for the business, and when effectively utilized will reduce patron confusion that will in turn reduce traffic concerns in the area. 5. The proposed procedure for the granting of temporary sign approval by the Planning Director will ensure compliance with the intent of the Sign Code because: The purpose of temporary signs established by the Municipal Code for display for limited duration will remain in effect. Permanent signs will continue to require the application of an exception permit on an individual basis. The temporary sign will be considered and reviewed based on the impacts of the public works or utility construction project and needs of the business or property to mitigate such adverse affect. The Planning Commission will retain the authority to call up for review any decision of the Planning Director with the ability to sustain, modify or reverse the decision. Conditions: 1. This exception permit approval shall extend to approvals by the Planning Director in accordance with 2 through 10 below and shall extend to December 31, 2002, after which date it shall become null and void. This exception permit approval cannot be extended. 2. Extensions of time for existing or temporary signs that conform to size and number requirements in accordance with Section 20.43.050 N-7 of the Newport Beach Municipal Code, can be granted•by the Planning Director in accordance with the provisions of Section 20.91. Extensions of time cannot be granted for duration beyond December 31, 2002. 3. The exception can be used for temporary signs up to three in number, which cannot exceed a total of 100 square feet. 4. Prior to issuance of building permits for placement of any temporary sign that exceeds the number restrictions of Section 20.43.050 N-7, shall be reviewed in accordance with the procedure granted by this exception permit and as conditioned below. 5. The applicant shall submit an application for Planning Director's Approval and all required accompanying material as required, at least two weeks prior to the proposed placement date, unless otherwise accepted by the Planning Director. 6. The application for Planning Director's Approval shall include a written statement of the justification for the proposed request, area dimensions (as measured by two sets of parallel lines around the sign), proposed maximum duration and proposed number of signs. The duration allowed for any temporary sign shall not exceed 90 days or the duration of any construction project that prompted the temporary sign request, whichever is longer. 8. The temporary signs shall not be internally illuminated. 9. The sign location shall be reviewed and approved by the Public Works Department with regard to sight distance requirements prior to the issuance of the building permit. 10. he Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. FILE COPY City of Newport Beach Planning Commission Minutes November 9, 2000 SUBJECT: Temporary Signs City of Newport Beach, applicant on behalf of property owners Cannery Village/McFadden Square Specific Plan Area) Exception Permit No. 54 Request for an exception to the sign regulations of the Cannery Village/McFadden Square Specific Plan District that limit the size, duration and number of temporary signs. The exception will apply only to those commercial properties located within the Specific Plan Area where visibility or identification is impacted by construction associated with Public Works or Utility Projects. The exception will establish the Planning Director Approval procedure for review and conditional approval of requests for deviation of the Sign Code regulations Ms. Temple noted that this is an unusual request initiated by City Planning Department staff in regards to an issue that had been dealt with in the past at times when either the Public Works Department or the City Utilities Division are doing significant construction in an area in such a fashion that access to and visibility of businesses becomes difficult. This is currently happening across 32nd Street in the Cannery Village area, related to a storm drain project being done by the Public Works Department. We have been approached by a number of the businesses within the village and fronting Newport Boulevard requesting some relief to give them some visibility during the ongoing construction. This particular type of consideration does have precedence in that we processed an individual sign exception permit for the Arches Restaurant as it related to the construction of the Arches interchange a few years ago. It allowed them a significant relief from limitations on temporary signs. What staff is suggesting in this particular case is that the Planning Director be authorized through this exception permit to, on a case by case basis, evaluate the interim harm being done to the visibility of the business during the construction projects and to allow the Planning Director to approve temporary signs of longer duration and perhaps greater number. We view this as an opportunity to provide relief to those businesses. It would also allow us to test process in order to consider establishment of such a procedure on a more permanent basis for the whole City in the Zoning Code. At Commission inquiry, Ms. Temple stated: • Size of sign depends on location of business where visibility is being sought. • Size for signage has been accumulative - in some cases exceeding that square footage may be called for. • Staff needs to make sure that whatever relief is granted is reasonable and minimally necessary in order to ensure visibility. Commissioner Gifford noted that in terms of size, the areas in question are no long distance to see. It is not like seeing something off a freeway. I would like to see the signs not large at all. For the purpose of identifying them as open 55 INDEX Item No. 6 Exception Permit No. 54 Approved City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX during construction and directing traffic to parking areas and access is appropriate. I don't see authorizing signs for the purpose of assisting in business identification. The way traffic slows down during construction gives everybody an opportunity to see the identification that is already there. I would be in favor of limiting the size of the signs. Ms. Temple answered that it is intended to be on a case by case basis. I would have no problem under the provision of accepting an exception to the duration and the number if the Commission wishes to limit the actual size of each individual sign. Particularly in this area, that would pose'no problem. Because we have not had anybody make a specific request, we are attempting to create a procedure whereby they can be considered and approved. What we have suggested is an approval granted by the Planning Director, which the Commission could call for review. Commissioner Gifford asked for the criteria of getting an exception permit. What would I get that would show me what you were going to be judging my request against? Ms. Temple answered that during this limited time, staff would sit down with the applicant to look at the frontage and the problem involved and come up with a set of signs that would address the issues of the specific location of where the construction was going on and the type of visibility being affected by the project in process. It would be case by case. This approval by the Commission of Exception Permit No. 54 with the guidance contained therein would be my authority to act. If you wanted to restrict the size that would be a true limitation. Otherwise, I would have the flexibility to look at the circumstances in a particular case and the problems relating to the visibility. This staff report specifies the guidance for the discretion to be applied. This would not be applied if the business just wanted more signs. Commissioner Kiser stated that this is only for Public Work and Utilities projects that are blocking businesses during the City's construction time. I suggest that we add to the conditions that it is just for those purposes; a minor change that the largest size is with substantial justification. Mrs. Wood stated that the businesses have a legitimate concern with the City's construction projects and the impact on them. We did a similar thing with regards to the Arches bridge construction. It seems it would be fair to provide this in some form even if there is not the extent of flexibility that has been suggested in the staff report. Commissioner Gifford noted that we already allow for temporary signage; 100 square feet and 90 days a year. The Arches bridge project was exceptional in the amount of disruption. If we were to continue this to January, couldn't people use the 90-day permit to do what they need for the moment? 56 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX Ms. Temple stated that the primary issue is the number limitation, one sign. To the extent that they are identifying their business or trying to get people into their parking lot where they may have to go through some different path of travel that is not normal for the business. I think most of the business feel the number is really the most problematic. Commissioner Gifford noted that we could have this exception permit to allow the businesses to break up the 100 square feet limitation into as many signs as they feel appropriate. Ms. Temple agreed noting that the issue is really the number and duration as opposed to the size. Commissioner Kiser suggested 3 maximum signs and still within the 100 square feet requirement and then adding that this is only for the Public Works and Utilities projects. Motion was made by Commissioner Gifford to approve Exception Permit 54 to allow for exceptions to the zoning Code allowance for temporary signs for the purposes of allowing businesses to identify themselves as open during construction and to direct business traffic to parking areas and access in the kinds of situations described by Commissioner Kiser. The exception would be that the 100 square feet can be used for up to three signs as opposed to one; 90 days or to the completion of the construction, whichever is longer. Ms. Clauson added that condition 1 says the exception permit approval shall extend to December 31, maybe if we added language that said this exception permit approval shall extend to approvals by the Planning Director in accordance with two through nine below and shall extend to December 31st. In other words, the exception permit only applies to conditions on 2 through 9 below and that approval goes through December 31, 2001. The reason why is when you read condition 1 it seems the exception permit approval would extend to December 31 so that people that would come in and get it would have the right to do it through December 31, regardless of the limits put on. So, to eliminate that confusion I thought that if you could make it clear that the exception permit approval extends to compliance with 2 through 9 below. Commissioner Kiser suggested that it not be numbered 1, that it is an introductory and then do this under conditions. Commissioner Gifford suggested that under condition 3, line 2 the words 'size or' has to come out. Also to add that the authority of the Planning Director under this exception permit shall expire. Ms. Wood asked if it would be better to remove the date and say to the end of the construction period. 57 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX Commissioner Kiser noted his concern about the end of construction. He suggested leaving it to the ninety days and if it needs to be renewed, the Planning Director will have the discretion to allow that. Ms. Clauson noted that the duration of these Public Works projects are bid and have a timer period. It is not vague as somebody might try to argue. Ms. Wood noted that we are trying to help businesses that the City is impacting through our construction projects. If we make these people come back in at the end of 90 days to fill out an application form for an extension that we know we are going to grant it is asking them to deal with red tape and bureaucracy. Commissioner Kiser stated that given that they are Utilities projects and are more definable than homes that take five years to build, etc. I withdraw my suggestion. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley Noes: None Absent: Tucker EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Exception Permit No. 54 Findings: I . The Land Use Element of the General Plan designates the Cannery Village/McFadden Square Specific Plan Area for a combination of "Retail and Service Commercial and Residential" uses. Retail and Office uses with associated signs are permitted in this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. The approval of this Exception Permit will not be contrary to the Sign Code because: The approval will establish i the review and approval fi size, duration and number Code. i process that streamlines r signs that deviate from requirements of the Sign The purpose of the use of temporary signs will not change by this approval since the signs approved through the Director's approval process will be of a limited duration. wt City of Newport Beach Planning Commission Minutes November 9, 2000 4. The approval of this Exception Permit to allow deviation from the Sign Code for size duration and number of temporary signs, is necessary to protect a substantial property right because: • The adverse impact of public works or utility projects can have a detrimental affect on the existing commercial uses to be able to conduct business as usual. • The use of strategically placed temporary signage can aid patrons in locating businesses affected by construction projects. • The temporary signs can enhance existing business identification signs, direct business traffic to access and parking for the business, and when effectively utilized will reduce patron confusion that will in turn reduce traffic concerns in the area. 5. The proposed procedure for the granting of temporary sign approval by the Planning Director will ensure compliance with the intent of the Sign Code because: The purpose of temporary signs established by the Municipal Code for display for limited duration will remain in effect. Permanent signs will continue to require the application of an exception permit on an individual basis. The temporary sign will be considered and reviewed based on the impacts of the public works or utility construction project and needs of the business or property to mitigate such adverse affect. The Planning Commission will retain the authority to call up for review any decision of the Planning Director with the ability to sustain, modify or reverse the decision. Conditions: This exception permit approval shall extend to approvals by the Planning Director in accordance with 2 through 10 below and shall extend to December 31, 2002, after which date it shall become null and void. This exception permit approval cannot be extended. 2. Extensions of time for existing or temporary signs that conform to size and number requirements in accordance with Section 20.43.050 N-7 of the Newport Beach Municipal Code, can be granted by the Planning Director in accordance with the provisions of Section 20.91. Extensions of time cannot be granted for duration beyond December 31, 2002. 59 INDEX City of Newport Beach Planning Commission Minutes November 9, 2000 3. the exception can be used for temporary signs up to three In number, which cannot exceed a total of 700 square feet. 4. Prior to issuance of building permits for placement of any temporary sign that exceeds the size eF number restrictions of Section 20.43.050 N-7, shall be reviewed in accordance with the procedure granted by this exception permit and as conditioned below. 5. The applicant shall submit an application for Planning Director's Approval and all required accompanying material as required, at least two weeks prior to the proposed placement date, unless otherwise accepted by the Planning Director. 6. The application for Planning Director's Approval shall include a written statement of the justification for the proposed request, area dimensions (as measured by two sets of parallel lines around the sign), proposed maximum duration and proposed number of signs. 7. The duration allowed for any temporary sign shall not exceed 90 days or the duration of any construction project that prompted the temporary sign request, whichever is longer. B. The temporary signs shall not be internally illuminated. 9. The sign location shall be reviewed and approved by the Public Works Department with regard to sight distance requirements prior to the issuance of the building permit. 10. The Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. ADDITIONAL BUSINESS: a.) City Council Follow-up - Assistant City Manager Sharon Wood reported that at the last meeting of the City Council there were presentations by the Planning Director and Building Director at the Study Session on dealing with the high level of plan check activity; fees will be adjusted to accommodate additional staff; approved a resolution to make appointment changes to the Environmental Quality Affairs Committee; 60 INDEX Additional Business 04 �EWPOR 9 Hearing Date: November 9, 2000 CITY OF NEWPORT BEACH Agenda Item No.: 6 )= PLANNING DEPARTMENT Staff Person: Javier S. Garcia 3300 NEWPORT BOVLEVARD 644-3206 N EWPORT BEACH, CA 92658 Appeal Period: 14 days (949) 644-3200; FAX (949) 644-3250 REPORT TO THE PLANNING COMMISSION PROJECT: Temporary Signs City of Newport Beach, applicant on behalf of property owners SP-6 District (Cannery Village/McFadden Square Specific Plan Area) PURPOSE OF APPLICATION: Request for an exception to the sign regulations of the Cannery Village/McFadden Square Specific Plan District that limit the size, duration and number of temporary signs. The exception will apply only to those commercial properties located within the Specific Plan Area where visibility or identification is impacted by construction associated with Public Works or Utility Projects. The exception will establish the Planning Director Approval procedure for review and conditional approval of requests for deviation of the Sign Code regulations. ACTION: Approve, modify or deny: • Exception Permit No. 54 LEGAL DESCRIPTION: Cannery Village/McFadden Square Specific Plan Area ZONE: SP-6 District (Cannery Village/McFadden Square Specific Plan Area) OWNER: Various Points and Authority • Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Retail and Service Commercial' uses. Temporary signs are a permitted use within this designation because it is ancillary to retail and service uses. • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 11 (Accessory Structures). Exception Permit authority is set forth in Section 20.43.050 N-7 and exception permit procedures are set forth in Chapter 20.67 of the Municipal Code. E Exception Permit No. 54 Exception Permit No.54 Page 2 Background The recent City of Newport Beach Public Works utility project that is nearing completion in the area of the Cannery Village has resulted in some adverse impacts on the commercial business owners in the area, primarily with business identification signs. The specific area is located on the easterly side of Newport Boulevard between 30" Street and 32" d Street. The adverse impacts of the project are related to vehicular access, business identification and visibility. The Municipal Code Sign regulations permit a single temporary sign for each business, which is limited to no more than 100 square feet, and limits the duration of the sign not to exceed 90 days within a calendar year. Since many construction projects require more than 90 days to complete, the Planning Director cannot at this time approve any temporary sign beyond 90 days without approval of an exception permit by the Planning Commission. Staff is submitting Exception Permit No. 54 for the Planning Commission's consideration to allow the Planning Director the authority to grant time extensions for temporary signs for Public Works and Utilities projects in the Cannery Village/McFadden Square Specific Plan Area at large. Analysis Public Works and Utilities projects typically begin with minimal notification to business and property owners, and, in the case of emergency utility repairs, no notification is generally given. Business and property owners adjacent to this type of construction project have little control over the time it takes to complete a utility project, and may experience adverse impacts on their businesses during this time. Some of these impacts can be overcome by the use of temporary banners that will: • Identify the business as "open during construction"; • Direct business traffic to parking areas and access; • Assist in business identification. For those reasons staff has recommended an exception permit for deviation from the Municipal Code limitations for the Cannery Village/McFadden Square Specific Plan Area. The proposal will allow the Planning Director to grant discretionary approval of temporary signs that exceed Code regulations related to the size, duration or number, on an individual basis. The approval of the exception permit would avoid the requirement for individual exception permit applications for each property or business owners. The following chart represents a comparison of the existing and proposed procedures: SIGN Zoning Code Allowance for Tem orary Signs Exception Permit Proposal would allow Size: 100 sq.ft. Review by Planning Director for a larger size with reasonable justification Duration: 90 days per calendar year Longer duration based on amount of time to complete the construction project or impact out of the control of the business or property owner. Exception Permit No. 54 Page 3 SIGN Zoning Code Exception Permit Allowance for Proposal would allow Temporary Signs Number. Oneatany one time Multiple if deemed necessary due to impact of construction project. Procedure and Exception Permit Planning Director's Approval Reviewing Authority: Planning Commission Planning Director [Tj7oc�edureTe Frame: 45 to 60 days "to28 days depending on complexity Statement of Support In accordance with Section 20.43.050 N-7 of the Newport Beach Municipal Code, in order to grant an exception permit, the Planning Commission must find that granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of the chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or the general welfare of the City. In response to the above requirements, the staff submits the following statements in support of the application: 1. Whv is an ex�[ion permit necessary to protect a substantial property right? "Public Works and Utilities Projects that are either planned or an emergency response are both outside of the control of the individual property or business owner and cannot always be foreseen. The adverse impacts to identification and visibility caused by these projects in turn cause confusion by business traffic that can have a detrimental affect on the ability of the business to conduct business as usual. Such inconvenience and adverse impacts can be mitigated or reduced by the allowance of additional temporary signage strategically placed to aid patrons in identifying and directing them to the business location." 2. Whv will the proposal not be contrary to the purpose of the sign ordinance? "Temporary signs as allowed in the Municipal Code do not make allowances for circumstances that are not within the control of the individual property or business owner. Public Works or Utilities Projects that require temporary or extended duration for street closures have the potential of adversely impacting existing commercial enterprises. The street or lane closures can limit and restrict the visibility of the commercial signage that identifies the business. The proposal to allow deviation from the Code requirements does not change the purpose authorized by the Code for the temporary signs but only reasonable deviation of the size, duration and number." 3. Wlry will the proposal not be detrimental to the neighborhood? "The use of strategically placed temporary signage can aid patrons in locating businesses adversely affected by construction projects. The temporary signs can be effectively used to enhance existing business identification signs, direct business traffic to access and parking for the business Exception Permit No. 54 Page 4 and when effectively utilized will reduce patron confusion that will in turn reduce traffic concerns." Required Findings Section 20.43.050 N-7of the Zoning Code sets forth the findings which must be made in order for the Planning Commission to grant an exception permit, as follows: "in order to grant an exception permit, the Commission must find that granting such permit is necessary to protect a substantial property right, will not be contrary to the purpose of the chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare ofpersons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or the general welfare of the City. " The Sign Code Chapter 20.67 states the purpose: "to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and advertisement of business by regulating and controlling the design, location and maintenance of all signs and sign structures in the City. " Facts that support the granting of an exception to the provisions of the Sign Code: • The adverse impacts to identification and visibility caused by construction projects can cause confusion by business traffic that can have a detrimental affect on the ability of the business enterprise to conduct business as usual and thereby protect a substantial property right. • The signs to be approved by the Planning Director will continue to be temporary with limited duration and will not be contrary to the intent of the Municipal Code. • Public Works and Utilities Projects that are either planned or an emergency response to utility breakdowns are both outside of the control of the individual property or business owner and cannot always be foreseen. • The use of strategically placed temporary signage can aid patrons in locating businesses negatively affected by construction projects. The temporary signs can enhance existing business identification signs, direct business traffic to access and parking for the business and when effectively utilized will reduce patron confusion that will in turn reduce traffic concerns. • The proposal to allow deviation from the Code requirements does not change the purpose of temporary signs authorized by the Code, but allows the ability to request deviation of the size, duration and number requirements. • The proposal to allow the Planning Director to grant an approval will reduce or eliminate the potential need for exception permit review by the Planning Commission. However, the Planning Commission will retain the ability to call up for review any approval issued by the Planning Director. • The Planning Director will be authorized to consider reasonable deviation from the Sign Code requirements based on individual merits of the particular case in a more timely manner than the exception permit process. Exception Permit No. 54 Page 5 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL, FOR Exception Permit No. 54 Findines: i. The Land Use Element of the General Plan designates the Cannery Village/McFadden Square Specific Plan Area for a combination of "Retail and Service Commercial and Residential" uses. Retail and Office uses with associated signs are permitted in this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. The approval of this Exception Permit will not be contrary to the Sign Code because: The approval will establish a process that streamlines the review and approval for signs that deviate from size, duration and number requirements of the Sign Code. The purpose of the use of temporary signs will not change by this approval since the signs approved through the Director's approval process will be of a limited duration. 4. The approval of this Exception Permit to allow deviation from the Sign Code for size duration and number of temporary signs, is necessary to protect a substantial property right because: • The adverse impact of public works or utility projects can have a detrimental affect on the existing commercial uses to be able to conduct business as usual. • The use of strategically placed temporary signage can aid patrons in locating businesses affected by construction projects. • The temporary signs can enhance existing business identification signs, direct'business traffic to access and parking for the business, and when effectively utilized will reduce patron confusion that will in turn reduce traffic concerns in the area. 5. The proposed procedure for the granting of temporary sign approval by the Planning Director will ensure compliance with the intent of the Sign Code because: The purpose of temporary signs established by the Municipal Code for display for limited duration will remain in effect. Permanent signs will continue to require the application of an exception permit on an individual basis. The temporary sign will be considered and reviewed based on the impacts of the public works or utility construction project and needs of the business or property to mitigate such adverse affect. Exception Permit No. 54 Pagel Facts that do not support the granting of an exception to the Sign Code: • Temporary signage currently allowed by the Municipal Code adequately allows for business and property identification. • The 90-day allowance for temporary signs is adequate to satisfy most business needs. • The proposed increased size of temporary signs may create a visual distraction to passing motorists that could create a traffic hazard. • A construction project of lengthy duration could necessitate the need for a more permanent sign to address visibility and identification needs of the business or property that could be considered inconsistent with the stated purpose of the Sign Code. • The City cannot control the content of the temporary signs Action Should the Planning Commission wish to approve Exception Permit No. 54, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Commission desire to deny this request, the findings set forth in the attached Exhibit `B" are suggested. Additional Discussion Additional temporary signs are often requested in areas of significant public works and utilities construction projects. The City has required applicants to process sign exception permit in the past. Staff has developed this proposal in reaction to requests associated with the utility construction currently occurring in the Cannery Village area. Approval will allow the Planning Commission to test this type of procedural exception in a geographically limited part of the City. If found effective, an amendment to the Sign Code provisions to establish this as a permanent procedure could be considered. Staff has also established December 31, 2002 as the termination date for this exception permit approval. It is anticipated that within that time period, a determination of the effectiveness of the procedure and the adoption of a permanent Municipal Code amendment to the Sign Ordinance and/or the Cannery Village/McFadden Square Specific Plan Area will have been undertaken. Submitted by: Prepared by: PATRICIA L. TEMPLE JAVIER S. GARCIA, AICP Planning Director Senior Planner Pam,,-yo Attachments: Exhibit "A" Exhibit "B" F:\USERS\PLN\SHARED\l PLANCOM\2000\110900\EP54.DOC Exception Permit No. 54 Page 6 The Planning Commission will retain the authority to call up for review any decision of the Planning Director with the ability to sustain, modify or reverse the decision. Conditions: 1. This exception permit approval shall extend to December 31, 2002, after which date it shall become null -and void. This exceptionpermit approval cannot be extended. 2. Extensions of time for existing or temporary signs that conform to size and number requirements in accordance with Section 20.43.050 N-7 of the Newport Beach Municipal Code, can be granted by the Planning Director in accordance with the provisions of Section 20.91. Extensions of time cannot be granted for duration beyond December 31, 2002. 3. Prior to issuance of building permits for placement of any temporary sign that exceeds the size or number restrictions of Section 20.43.050 N-7, shall be reviewed in accordance with the procedure granted by this exception permit and.as conditioned below. 4. The applicant shall submit an application for Planning Director's Approval' and all required accompanying material as required, at least two weeks prior to the proposed placement date, unless otherwise accepted by the Planning Director. 5. The application for Planning Director's Approval shall include a written statement of the justification for the proposed request, area dimensions (as measured by two sets of parallel lines around the sign), proposed maximum duration and proposed number of signs. 6. The duration allowed for any temporary sign shall not exceed the duration of any construction project that prompted the temporary sign request. 7. The temporary signs shall not be internally illuminated. 8. The sign location shall be reviewed and approved by the Public Works Department with regard to sight distance requirements prior to the issuance of the building permit. 9. The Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. Exception Permit No. 54 Page 8 EXIIIBIT `B" FINDINGS FOR DENIAL FOR Exception Permit No. 54 FINDINGS: 1. The approval of this exception permit is not necessary to protect a substantial property right because: • Adequate signage can be provided for the business or property as currently authorized by the Sign Code. • The properties involved are generally located close enough to the public street that additional signage is not necessary for business identification. 2. The approval of Exception Pen -nit No. 54 will, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood because: • The proposed increased size and duration of temporary signs could distract the attention of motorists that could create traffic hazards. • The clutter caused by multiple signs permanent or temporary could add or increase confusion of motoring public that could be detrimental. Exception Permit No. 54 Page 9 &TICE OF PUBLIC BEARING 0 Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of City of Newport Beach for Exception Permit No. 54 on property located within the SP-6 District (Cannery Village/McFadden Square Specific Plan Area). Request to allow an exception to the Sign Regulations of the Cannery Village/McFadden Square Specific Plan District that limit the size duration and number of tempom signs. The exception will apply to those properties located within the Specific Plan Area where visibility or identification is impacted by construction associated with Public Works or Utility Projects. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby farther given that said public hearing will be held on the 9th day of November. 2000, at the hour of 7.00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Steven Kiser, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. 0 Li ..norried to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A•6214, September 29, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the -United States and a resident of the County aforesaid; I am over the age of -eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City, of Costa Mesa, County of•Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 28,'2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 28, 2000 at Costa Mesa, California. Signature 'Gfl ` : d : i ' 'Cr5