HomeMy WebLinkAboutReal Estate Signs (PA2002-128)CITY OF NEWPORT BEACH Hearing Date: August 22, 2002
e PLANNING DEPARTMENT Agenda Item: 4
5 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber
a
° +iiFOa�`r NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229 Council Review: Automatic
REPORT TO THE PLANNING COMMISSION
PROJECT: Code Amendment No. 2002 -004 (PA2002 -128)
SUMMARY: A request to amend Zoning Code Chapter 20.67 — Signs, to allow the
addition of a single "rider" sign and a single "brochure box" per property in
conjunction with an authorized temporary real estate sign.
ACTION: Adopt a resolution recommending that the City Council approve Code
Amendment No. 2002 -004 (PA2002 -128).
APPLICANT: City of Newport Beach
LOCATION: Residential properties City -wide
GENERAL PLAN: All Residential Designations
ZONING
DISTRICT: All Residential Classifications
Introduction
The Mayor received a request from the Orange Coast Association of Realtors to amend the current
regulations pertaining to temporary real estate signs. The request involves 2 components. First, the
Association seeks the ability to place a single "rider" sign on top of an already approved temporary
real estate sign. The request also seeks to allow a single `brochure box' in conjunction with each
approved temporary real estate sign.
Project Overview and Analysis
For the Commission's information, a `rider' sign is defined in Zoning Code Chapter 20.67 as "a
small sign attached to a larger sign and intended to convey information not conveniently
incorporated into the text of the larger sign." A `rider' usually displays an updated status for the
property in question. Typical examples include, but are not limited to, "In Escrow" or "Sold." A
`brochure box' is not defined in the Zoning Code but is generally recognized in the industry as a
container used to store fliers and brochures that outline the details of the property offered for sale,
lease or exchange. Interested individuals may walk up, obtain the flier or brochure, and walk away
without having to speak to the realtor or agent directly.
The Association of Realtors seeks the adoption of provisions under Section 20.67.035, Temporary
Signs, that allows attachment and use of both a single `rider' and single `brochure box' in
conjunction with each temporary real estate sign already authorized under the provisions of the
code. The rider is proposed at a maximum size of 94 square inches (sq. in.) while the brochure box
could not exceed 154 sq. in. The brochure box may be fabricated out of plastic or metal.
The City's standards for Temporary Real Estate Signs are some of the most stringent in Orange
County. It is staff's understanding that the practice of using riders and brochure boxes has been
occurring intermittently or sporadically over the past several years, sometime resulting in code
enforcement action that required the removal of the rider or brochure box.
The amendment was reviewed by the Assistant City Attorney and the Code Enforcement Officer to
ensure that the additional provisions are both appropriate and enforceable.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act ( "CEQA ") under Class 5, Minor
Alterations in Land use Limitations.
Recommendation
Adopt Resolution No. recommending that the City Council approve Code Amendment No.
2002 -004 (PA2002 -128).
Submitted by: Prepared by:
PATRICIA L. TEMPLE
Planning Director
P&A AA Li A-
Exhibits
Resolution No. , including Draft Ordinance
F: \USERS\PLN \Shared\PA's\PAs - 2002\PA2002- 128 \CA2002 -004 perpt.dot
v4l�
Temporary Real Estate Sign Regulations (PA2002 -128)
August 22, 2002)
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT
BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT
NO. 2002-004, AMENDING ZONING CODE SECTION 20.67.035 — TEMPORARY SIGNS,
PERTAINING TO REAL ESTATE SIGNS FOR ALL RESIDENTIAL PROPERTIES
WITHIN THE CITY OF NEWPORT BEACH (PA2002 -128).
The Planning Commission of the City of Newport Beach does hereby find, resolve and order as
follows:
Section 1. The Orange Coast Association of Realtors has requested that the City
amend Zoning Code Section 20.67.035 — Temporary Signs, pertaining to real estate signs for
residential properties with the City of Newport Beach. The request seeks to allow a single `rider'
and `brochure box' in conjunction with each approved temporary, real estate sign that is
permitted. The amendment includes maximum dimensions in square inches that would be
allowed for each rider and brochure box.
Section 2. A public hearing was held on August 22, 2002, at 6:30 P.M. in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was
presented to and considered by the Planning Comrission at the aforesaid meeting.
Section 3. The Planning Commission finds as follows:
a) The amendments are minor and are necessary to assist the public in the transfer and
use of residential property.
b) The amendments will not have a detrimental affect on the public's health, safety or
general welfare due to the limited amount of additional sign area and the limited
purposes for which the increased area can be used.
C) This project has been determined to be a ministerial project that is not subject to the
requirements of the California Environmental Quality Act ( "CEQA" ).
Section 4. Based on the aforementioned findings, the Planning Commission hereby
recommends that the City Council adopt an ordinance that implements these changes, as depicted in
Attachment "A."
Section 5. This recommendation shall be forwarded to the City Council for final
adoption of this amendment in accordance with the provisions of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 22' DAY OF AUGUST, 2002.
"N
Larry Tucker, Chairman
Earl McDaniel, Secretary
AYES:
NOES:
ABSENT:
FAUSERS\PLN \Shared\PA's\PAs • 2002 \PA2002 - 128 \CA2002 -004 puesolution.doc
q
ATTACHMENT "A"
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
20.67.035, OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO TEMPORARY REAL ESTATE SIGNS.
SECTION 1. The City Council of the City of Newport Beach has been
requested to amend the Zoning Code pertaining to temporary real estate signs
by providing additional provisions that authorize the use of riders and brochure
boxes in conjunction with a permitted temporary real estate sign.
SECTION 2. The requested amendments would authorize the use of
additional measures that assist property owners in the transfer and use of
residential property. The riders and brochure boxes have been limited in the
amount of additional sign area and the limited purposes for which the increased
area can be used.
SECTION 3. The Planning Commission held a noticed public hearing on
the amendments on August 22, and recommended City Council approval.
SECTION 4. Section 20.67.035 of Chapter 20 is amended to read as
follows:
The following temporary signs are permitted:
A. Real Estate Signs.
1. Residential Districts.
a. Real estate signs and open house signs are permitted, on a
temporary basis, in residential districts, so long as the signs conform to the
criteria specified in this section.
(1) In the R -A, R -1, R -1.5, R -2 and PRD districts, as well as PC
districts that whieh provide for residential uses and contain no specific provisions
relative to temporary signs, temporary real estate signs are permitted subject to
the following:
(a) One sign per lot except as provided in subsections (A)(1)(a)(1)
(e)(g) and Of of this subsection;
(il(b) The sign shall not exceed two hundred sixteen (216) square inches
(1.5 square feets;
(ii.) The sign may have one rider not to exceed ninety -four (94) square
inches:
5
container designed to hold brochures or flyers describing or advertising the real
property for sale lease rent or exchange;
iv. (e)The overall height of the installed sign rider and brochure box shall
not exceed four feet above ground unless the sign is mounted flush to a wall;
Lbi(d) The sign shall be placed on the parcel for sale, lease, rent or
exchange and shall not be installed in a manner that whieh creates a hazard for
traffic or pedestrians;
Uc (e) No flags, pennants, balloons, or other attention - attracting devices
shall be displayed;
The sign shall be removed immediately after the sale, lease or
rental of the property has been consummated;
Le)W In addition to the sign permitted above, one -on -site open house
sign T.?�is- perrn+#ed -te be posted during the time an owner or owner's agent is
on the premises and the premises are open for inspection, subject to the
following:
i. The sign shall not exceed two hundred sixteen (216) square inches
(1.5 square feet) and riders are not permitted;
ii. The sign shall not be installed in medians or anywhere within the
traveled way of any street or highway, nor installed in a manner which creates a
hazard to traffic or pedestrians; provided, however, the sign may be installed on
or in a vehicle parked on the street adjacent to the property for sale, lease, rent
or exchange if there is no feasible way of installing the sign on private property
due to absence of front yard setback or other conditions;
iii. The overall height of the sign shall not exceed four feet above
ground unless the sign is installed on a vehicle as provided in subparagraph
(A)(1)(a)(1)(e)(g)(ii) of this section; or other conditions exist which require the
sign to exceed four feet to be reasonably visible from the street; however, in no
event shall the sign be higher than necessary to be reasonably visible from the
street;
(D" In addition to the open house sign permitted in subsection
(A)(1)(a)(1)(e(M of this section, three off -site open house signs are permitted
when the owner or owner's agent is on the premises and the premises are open
for inspection subject to the following:
L Each off -site open house sign shall not exceed two hundred sixteen
(216) square inches (1.5 square feet) and riders are not permitted;
ii. The overall height shall not exceed four feet above ground;
iii. The sign shall not be installed before eight a.m. and must be
removed no later than sunset;
iv. The sign shall not be installed in medians or anywhere within the
traveled way of any street or highway, nor installed in a manner that whieh
creates a hazard to traffic or pedestrians. The sign also may not be attached to
b. All Residential Districts. The Planning Director may approve
temporary signs for the first sale of structures and /or lots in any district for a
period of time not to exceed one year following the recordation of the final
subdivision map.
2. Commercial and Industrial Districts. Commercial and industrial
properties shall be permitted one real estate sign not exceeding twenty (20)
square feet in area which advertises the sale, rental or lease of the premises
upon which the sign is located.
B. Other Temporary Signs.
1. Residential Districts. No temporary signs are permitted in
residential districts, except for real estate signs authorized in Section
20.67.035(A);_ —and personal property sale signs authorized in Section
20.60.120(F); and political signs authorized in Section 20.67.035(B)(3).
2. Commercial and Industrial Districts. Temporary signs are permitted
in commercial and industrial districts subject to the following restrictions:
a. Size. No temporary sign shall exceed one hundred (100) square
feet in area. Temporary signs of rigid material shall not exceed twenty -four (24)
square feet in area, or six feet in height.
b. Duration. Temporary signs shall remain in place for a period not
exceeding ninety (90) days per calendar year.
C. Number. One per building or site.
d. Exceptions.
(1) Temporary signs displayed at service stations are governed by the
provisions of Section 20.67.030(D).
(2) Political signs authorized in Section 20.67.035(B -3).
3. Temporary Political Signs. Notwithstanding the provisions of this
chapter, temporary political signs may be posted subject to the following
restrictions:
a. One political sign may be posted on each parcel of residential
property.
b. Political signs posted in residential districts shall not exceed six
square feet in area.
C. Political signs shall not be placed adjacent to a street, alley,
driveway, or sidewalk in a manner that creates a hazard to any person.
d. Political signs may be posted no more than ninety (90) days prior to
any municipal, school district, special, or statewide election, and shall be
removed no more than ten days after the election.
e. No person shall place or post any political or campaign sign on any
public sidewalk, street, property, or right -of -way over which the City has
jurisdiction. (Ord. 99 -26 § 1 (part), 1999; Ord. 98 -21 § 1 (part), 1998; Ord. 98 -19
§ 1, 1998; Ord. 97 -15 Exh. B (part), 1997; Ord. 97 -09 Exh. A (part), 1997)
SECTION 5. If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
I
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published
once in the official newspaper of the City, and it shall be effective thirty (30) days
after its adoption.
SECTION 7. This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the day of 2002,
and adopted on the _ day of 2002, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
FkTj Fffie-
ATTEST:
CITY CLERK
F: W sers\ cat\ shared \cp \LawClerk\Donna Bigi \Ordinance20.67.035.doc
no