HomeMy WebLinkAbout13 - Zoning Code Amendment Regarding A-Frame SignsCITY OF
F NEWPORT REACH
City Council Staff Report
October 14, 2014
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644-3226,
kbrandt@newportbeachca.gov
PREPARED BY: Patrick Alford, Planning Manager
PHONE: (949) 644-3235
TITLE: Proposed Amendment to the Zoning Code Regarding A -frame Signs (PA2014-054)
ABSTRACT:
An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to modify the citywide
prohibition of A -frame signs to allow such signs in commercial zoning districts, subject to appropriate
regulations. This proposal would allow these signs in the Corona del Mar business area initially.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find that the adoption of Code Amendment CA2014-005 is not subject to the California Environmental
Quality Act (CEQA) pursuant to Section 15305 and Section 15311 of the CEQA Guidelines; and
c) Introduce Ordinance No. 2014-17, An Ordinance of the City Council of the City of Newport Beach
Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Allow A -
frame Signs in Corona del Mar Commercial Zoning Districts (Staff Report Attachment No. CC 1), approving
Code Amendment No. CA2014-005 as revised by the Planning Commission, and pass to second reading
on October 28, 2014.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
DISCUSSION:
Background
On March 11, 2014, the City Council initiated a Zoning Code amendment to modify the current citywide
prohibition on A -frame signs in order to allow such signs on commercially -zoned property, provided that the
signs do not impede or impact use of the public right-of-way. The Council's action followed receipt of a
13-1
letter from the Corona del Mar Business Improvement District (CdM BID) requesting consideration of A -
frame sign regulations (see Attachment No. CC 2).
Public Participation
Staff requested comments on the draft sign regulations from the chambers of commerce and community
and business associations in Corona del Mar, Mariners' Mile, and the Balboa Peninsula. Staff received five
(5) comments. Most notably, the Balboa Island Improvement Association Board of Directors commented
that the A -frame signs under the proposed regulations would not benefit Marine Avenue businesses
because they could not comply with the locational requirements and would impede public access on
Marine Avenue sidewalks; otherwise, the Association had no objections to allowing them elsewhere in the
city.
Analysis
A -frame signs are small, freestanding, portable signs, typically hinged at the top and form a shape similar
to the letter "A" when positioned (see Attachment No. CC 3). A -frame signs are currently prohibited
throughout the city.
The proposed amendment would modify the prohibition on A -frame signs and establish regulations for
their limited use. The regulations specify the location, number, size (sign area), height, and sign design:
Location:
• Must be within ten (10) feet of the primary entrance of the business or of a pedestrian plaza,
courtyard, or arcade;
• Cannot interfere with pedestrian ingress or egress as required by the Building Code or Fire Code;
• Must be separated by a minimum distance of three (3) feet from another A -frame sign or other type
of portable sign (i.e., restaurant menu signs);
• Shall not obstruct parking spaces or vehicle maneuvering areas; and shall not be located in
landscape planters; and
• Cannot impede vehicular sight distance in compliance with Section 20.30.130 (Traffic Safety Visibility
Area).
Number: One (1) A -frame sign per tenant space.
Sign Area: Maximum ten (10) square feet per sign face.
Height: Maximum of forty-eight (48) inches.
Duration: Can only be displayed during regular business hours and must be removed when the
establishment is closed.
Other Design Requirements:
• No illumination;
• No flags, pennants, balloons, or other attention attracting devices;
• May have re -writable surfaces, such as chalk boards or dry -erase boards; the use of paper or cloth is
not permitted unless located within a glass or plastic enclosure; and
• The sign must be capable of staying upright in a moderate wind.
Permits: Not required.
As originally proposed, A -frame signs would be permitted in all commercial districts. However, the
Planning Commission's recommendation is to limit the location of the A -frame signs to the commercial
districts in Corona del Mar.
13-2
Plannina Commission Recommendation
On August 21, 2014, the Planning Commission conducted a public hearing on the proposed amendment.
The Commission discussed the appropriateness of allowing A -frame signs in all commercial districts. The
Commission noted the Balboa Island Improvement Association comment that A -frame signs "simply will
not work" in the Marine Avenue commercial district (see Attachment No. CC 4). The Commission also
noted that other older commercial districts (McFadden Square and Balboa Village) have zero -lot line
development patterns, which would limit opportunities for A -frame signs. The Commission was also
concerned that the lack of a clear demarcation between private and public property would present code
enforcement challenges and result in illegal A -frame signs on already congested public sidewalks.
Ultimately, the Planning Commission voted to recommend that A -frame signs be limited to the Corona del
Mar commercial zoning districts only. The Commission concluded that A -frame signs were more suitable
in Corona del Mar commercial districts because there are more single -tenant commercial buildings, larger
commercial parcels, and less -congested pedestrian areas (see Attachment No. CC 5).
Alternatives
The City Council has the option to:
1) Allow A -frames signs in additional commercial districts;
2) Allow A -frame signs in all commercial districts; or
3) Deny the amendment.
ENVIRONMENTAL REVIEW:
The code amendment is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the
commercial properties involved have an average slope of less than 20 percent; and the proposed
amendment would not result in any changes in land use or density. This code amendment is also
categorically exempt under Section 15311 of the CEQA Guidelines — Class 11 (Accessory Structures),
which exempts the construction, or placement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, including on -premise signs.
NOTICING:
Notice of this application was published in the Daily Pilot at least 10 days before the scheduled meeting,
consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for
this meeting, which was posted at City Hall and on the City website. As a courtesy, public notices were
mailed to chambers of commerce and to community and business associations in Corona del Mar,
Mariners' Mile, and the Balboa Peninsula.
ATTACHMENTS:
Description
Attachment CC1 -Draft Ordinance
Attachment CC 2 - Corona del Mar BID Memo
Attachment CC 3 - A -frame Sign Examples
Attachment CC 4 - Public Comments
Attachment CC 5 - August 21, 2014, Planning Commission Minutes
Attachment CC 6 - August 21, 2014, Planning Commission Staff Report
13-3
ATTACHMENT CC 1
ORDINANCE NO. 2014 -
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20
(ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE
TO ALLOW A -FRAME SIGNS IN CORONA DEL MAR
COMMERCIAL ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On March 11, 2014, the City Council initiated an amendment of the Zoning Code
(CA2014-005) that would modify the current prohibition on A -frame signs to allow such
signs, provided they do not impede or impact use of the public right-of-way.
2. On August 21, 2014, the Planning Commission conducted a public hearing and voted (4-
2) to recommend to the City Council approval Code Amendment No. CA2014-005,
provided A -frame signs would be limited to Corona del Mar commercial zoning districts
only.
3. A public hearing was held on October 14, 2014, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the commercial properties involved have an average slope of less than
20 percent; and the proposed amendment would not result in any changes in land use or
density. The code amendment is also categorically exempt under Section 15311 of the CEQA
Guidelines — Class 11 (Accessory Structures), which exempts the construction, or placement
of minor structures accessory to (appurtenant to) existing commercial, industrial, or
institutional facilities, including on -premise signs.
SECTION 3. FINDINGS.
1. The proposed regulations provide each sign user another opportunity for adequate
identification while guarding against the excessive and confusing proliferation of signs
by appropriately regulating the time, place, and manner under which A -frame signs
may be displayed.
2. The proposed regulations preserve and enhance the community's appearance by
regulating the size, location, design, character, scale, illumination, and duration of A -
frame signs.
13-4
City Council Ordinance No. 2014-_
Page 2 of 5
3. The proposed regulations encourage A -frame signs that are well designed and that
attract and invite rather than demand the public's attention.
4. A -frames signs are not be suitable for all commercial areas for the following reasons:
a. Older commercial districts, such as Marine Avenue on Balboa Island and
McFadden Square and Balboa Village on the Balboa Peninsula, have zero -lot
line development patterns, which present limited opportunities for A -frame signs
under the proposed regulations.
b. An unclear demarcation between private property and public right-of-way in
older commercial districts would present challenges to the effective
enforcement of the proposed regulations.
C. Such factors could result in the placement of A -frame signs on public sidewalks,
thus contributing to already congested pedestrian areas in these older
commercial districts.
5. The Corona del Mar Commercial Corridor has more single -tenant commercial
buildings, larger commercial parcels, and less -congested pedestrian areas than other
City commercial districts and is therefore, better suited to accommodate A -frame
signs. Therefore, A -frame signs shall only be permitted within Corona del Mar
commercial zoning districts.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Section 20.42.050(F)(1) of the Newport Beach Municipal Code is hereby
amended to include the following text with all other provisions of Section 20.42.050 (Prohibited
Signs) remaining unchanged:
1. A -frame signs (except as permitted in commercial districts in Corona del Mar);
Section 2: Table 3-18 within Section 20.42.090 (Standards for Temporary Signs) of the
Newport Beach Municipal Code is hereby amended to include the following text with all other
provisions of Section 20.42.090 remaining unchanged:
Section 3; Section 20.42.090(B)(3) of the Newport Beach Municipal Code is hereby
amended to include the following text with all other provisions of Section 20.42.090 (Standards
for Temporary Signs) remaining unchanged:
13-5
Only permitted in
During hours the
commercial districts
A -frame Signs
t per tenant
10 sq. ft. per sign
48 in.
establishment is
in Corona del Mar
space.
and subiect to
open.
subsection G of this
Section.
Section 3; Section 20.42.090(B)(3) of the Newport Beach Municipal Code is hereby
amended to include the following text with all other provisions of Section 20.42.090 (Standards
for Temporary Signs) remaining unchanged:
13-5
City Council Ordinance No. 2014-_
Page 3 of 5
3. Sign shall not be attached to temporary structures, except restaurant menu
signs, which may be attached to easel -like structures, and A -frame signs.
Section 4: Section 20.42.090(G) of the Newport Beach Municipal Code is hereby added to
read as follows, with all other provisions of Section 20.42.090 (Standards for Temporary Signs)
remaining unchanged:
G. A -Frame Signs. A -frame signs shall be allowed in commercial zoning districts in
Corona del Mar (See Area Map A-4) only, subject to the following regulations:
1. Number. One (1) A -frame sign per tenant space.
2. Location.
a. All A -frame signs shall be located on the property of the business. A -frame
signs shall be located within ten (10) feet of the primary entrance of the business
or of a pedestrian plaza, courtyard, or arcade, provided they do not interfere with
pedestrian ingress or egress as required by the Building Code or Fire Code.
b. A -frame signs shall not be located within landscaped areas.
3. Separation. A minimum distance of three (3) feet shall be maintained from any
other A -frame sign or portable sign.
4. Area. Not to exceed ten (10) square feet.
5. Height. Not to exceed forty-eight (48) inches.
6. Duration. A -frame signs shall be utilized only during regular business hours and
shall be removed during non -business hours.
7. Additional Regulations.
a. No illumination is allowed.
b. No flags, pennants, balloons, or other attention attracting devices shall be
displayed.
c. No A -Frame Sign shall have more than two sign faces.
d. A -frame signs may have re -writable surfaces, such as chalk boards or dry -
erase boards; the use of paper or cloth is not permitted unless located within a
glass or plastic enclosure.
e. A -frame signs shall be designed so as to remain upright in a moderate wind.
13-6
City Council Ordinance No. 2014-_
Page 4 of 5
f. In compliance with Section 20.30.130 (Traffic Safety Visibility Area), A -frame
signs shall be located so as not to impede vehicular sight distance.
g. A -frame signs shall not obstruct parking spaces or vehicle maneuvering areas.
Section 5: Section 20.42.100(B)(1)(u) of the Newport Beach Municipal Code is hereby added
to read as follows, with all other provisions of Section 20.42.100 (Exemptions to Sign Permit
Requirement) remaining unchanged:
u. A -Frame Signs. A -frame signs in compliance with Section 20.42.090(G) (A -
Frame Signs).
Section 6: 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.
Section 7: This action shall become final and effective thirty (30) days after the adoption of
this Ordinance.
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and
the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 14th day of October, 2014, and adopted on the 28th day of October, 2014,
by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
Rush N. Hill, II
ATTEST:
Leilani Brown, City Clerk
13-7
City Council Ordinance No. 2014-_
Page 5 of 5
APPROVED AS TO FORM,
OFFICE OF CITY ATTORNEY:
Qndww�-
mL 1„ 4
Aaron C. Harp, City Attorn&� V t1'
13-8
ATTACHMENT CC 2
January 17, 2014
To: Nancy Gardner
Newport Beach City Council
From: Scott Palmer
Treasurer for Corona del Mar Business Improvement District (CdM BID)
Subject: CdM BID request for re-evaluation of A Frame ordinance
The Corona del Mar Business Improvement District would like to endorse a plan to
reevaluate proper A Frame store front advertising, and encourages the city planning
staff to revise codes that would allow merchants to place such A Frame structures in
front of their stores as long as the frame remains on private property and does not
impede or impact public right of way. Such a plan would call for a streamlined
permitting process and relaxed code enforcement on such advertising efforts.
The A Frame sign is one of the most cost effective ways for businesses to advertise
specials or services. The sign in front of the business, outside the public right of way,
allows a business to send a message to customers (prospective and current) for the
initial investment of the A Frame and the minimal effort to update it. Costs involved in
this are much less than print, radio, or other conventional types of messaging. In
addition, as opposed to internet advertising that relies upon consumers seeking
services, A Frame advertising creates impulse demand. The A Frame follows through on
the City action of allowing businesses a 90 -day permit for temporary store -front
advertising.
As an historical note, the issue of A Frame advertising is directly related to the
establishment of the Corona del Mar BID. One of the original BID directors, Joe Monigal,
owned the Corona del Mar Florist shop at 3337 East Coast Highway. He would
continually be cited by the City for placing an A Frame sign in front of his shop on his
own property. As a protest and countermeasure to such citations, Mr. Monigal
contacted the Economic Development Department to start a process that would result
in the establishment of the Corona del Mar BID, and eventually the four other BIDS
extant in the City as well.
162
13-9
ATTACHMENT CD -2
A -FRAME SIGN TYPES
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Marker Board
Plastic Dry Erase
ATTACHMENT B
Plastic
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163
13-10
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Hal Pisors - Pedego
Tuesday, N
7:51 AM
Subject
A -Frame Signs
From
Hal Pisors
To
Alford, Patrick
Sent
Thursday, May 22, 2014 8:38 PM
NO to A -frame signs.
Hello, fun...
Hal Pisors
Pedego Corona Del Mar
949.612.7989 store
949.697.6590 mobile
2515 East Coast Hwy.
Corona Del Mar, CA 92625
hal@pedegocdm.com
www.pedegocdm.com
ATTACHMENT CC 4
13-12
Public Comments Page 2
Ned McCune - Mariners' Mile
Wednesday, May 28
8:08 AM
Subject
A -Frame Signs
From
Ned McCune
To
Alford, Patrick
Sent
Wednesday, May 28, 2014 8:07 AM
Hi Patrick,
The proposed ordinance is ideal. There are at least three ground floor tenants in my
building at 2700 West Coast Highway which could make good use of it. The existing ban is
unfortunate. The move to replace it should have come from us merchants and landlords some
time ago.
Ned McCune
13-13
Public Comments Page 3
Sandie Haskell
Thursday, May 29, 2014
11:01 AM
Subject
a -frame signs
From
Sandie Haskell
To
Alford, Patrick
Sent
Thursday, May 29, 2014 10:52 AM
I would like to suggest that the city NOT approve the use of signs of any kind on the ground at
businesses along Coast Highway in our city. We have pedestrians, some with crutches
or walkers or canes, baby strollers, wheelchairs, people with visual impairments and even
bicyclists using our sidewalks and entryways to businesses We do not need another hazard on
the ground. If businesses wish to be more easily recognized, I would suggest they clearly
display their address numbers on the buildings
Sandie Haskell
Corona del Mar
Subject
Message from Haskell Sandra (919496446871)
From
Cisco Unity Connection Messaging System
To
Alford, Patrick
Sent
Thursday, May 29, 2014 8:34 AM
Attachments
VoiceMess...
13-14
Public Comments Page 4
Borowsky- Balboa Peninsula Point
Thursday, June 05, 2014
8:32 AM
Subject
Re: A -Frame Signs
From
Dennis Borowsky
To
Alford, Patrick
Cc
info@cdmra.org; 1HERDMANI@ROADRUNNER.COM; Ifundy@sbcglobal.net; craig@burrwhite.com;
don@newportheights.org
Sent
Tuesday, lune 03, 2014 8:14 AM
Hello Patrick,
Thank you for including us in this process. I have reviewed with our BPPA Board members and suggest
the following.
1. Signs to be used in commercial areas only, not residential areas.
2. Any copy on such signs shall pertain to the business use and shall not be used for political or other
unrelated purposes.
3. The signs should be properly secured so they do not present a safety hazard or blow over in heavy
wind.
4. Signs shall conform to the other standards set forth in the criteria provided by you earlier.
Thank you.
Dennis Borowsky
Balboa Peninsula Point Association
(949) 922-6506
Sent from my Whone
On Jun 2, 2014, at 1:32 PM, "Alford, Patrick" <PAlford@newportbeachca.gov> wrote:
The City Council initiated a Zoning Code amendment that would allow A -frame
signs on private property. The Planning Division has prepared a draft of
the A -frame sign standards and would like your organization's
thoughts. Please review the attached memorandum and send your comments to
the Planning Division by June 30, 2014.
Please contact me if you have any questions or require additional
information.
Patrick J. Alford Planning Program Manager
City of Newport Beach Community Development Department I Planning Division
100 Civic Center Drive Newport Beach, CA 92660
(949) 6443235 1 (949) 644.3229 1 palfordra)newportbeachca.gov
<A -Frame Sign Memo.pdf>
Notice to recipient: This e-mail is only meant for the intended recipient of the transmission, and may be a
confidential communication or a communication privileged by law. If you received this e-mail in error, any
review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us
immediately of the error by return e-mail and please delete this message from your system. Thank you in
advance for your cooperation.
Dennis Borowsky
Balboa Peninsula Point Association
Dennis Borowsky
Balboa Peninsula Point Association
Public Comments Page 5
13-15
Herdman - Balboa Island Improvement Assoc.
Friday, June 13, gni. A
7:38 AM
Subject
Re: A -Frame Signs
From
iherdmanl@roadrunner.com
To
Alford, Patrick
Sent
Thursday, June 12, 2014 9:52 PM
Pat,
We had a Balboa Improvement Association Board Meeting tonight. The consensus of our Board is that A -Frame signs
simply will not work on Marine Ave., Balboa Island. As far as the rest of the City, we have no problem with their
proposed use and echo the guidelines/suggestions that you have received from other groups, and do support the
guidelines that have been developed by the Planning Division.
Jeff Herdman, President
Balboa Island Improvement Association
---- ..Alford wrote:
> The City Council initiated a Zoning Code amendment that would allow A -frame signs on private property. The Planning
Division has prepared a draft of the A -frame sign standards and would like your organization's thoughts. Please review
the attached memorandum and send your comments to the Planning Division by June 30, 2014.
> Please contact me if you have any questions or require additional information.
> Patrick J. Alford I Planning Program Manager City of Newport Beach
> Community Development Department I Planning Division
> 100 Civic Center Drive I Newport Beach, CA 92660
> (949) 644-3235 (949) 644-3229 1 palford@newportbeachca.gov
Subject
RE: A -Frame Signs
From
Iherdmanl@roadrunner.com
To
Alford, Patrick
Sent
Wednesday, June 18, 20144:56 PM
With very few exceptions, A -frame signs would have to encroach on the public sidewalk on Marine Ave.
Because of this, the signs would be in violation of regulations, in addition to restricting public access on
Marine Ave. Almost all of the store fronts border the sidewalk on Marine Ave.
Jeff
---- ..Alford wrote:
> Jeff,
Public Continents Page 6
13-16
> Just to clarify to consensus of the Board, did they believe that A -frame signs would "not work." Is it
because they could not comply with the proposed regulations (i.e., location requirements) or because
they would have a negative impact Marine Avenue? Any insight on how they came to their consensus
would be appreciated.
> Patrick J. Alford I Planning Program Manager City of Newport Beach
> Community Development Department I Planning Division
> 100 Civic Center Drive I Newport Beach, CA 92660
> (949) 644-3235 (949) 644-3229 1 palford@newportbeachca.gov
>-----Original Message-----
* From: Alford, Patrick
> Sent: Friday, June 13, 2014 7:34 AM
> To: 'jherdmanl@roadrunner.com'
> Subject: RE: A -Frame Signs
> Jeff,
> Thank you and the board for taking the time to review the proposed amendment. These comments
will be forwarded to the Planning Commission and City Council when this item goes to public hearings.
> Patrick J. Alford I Planning Program Manager City of Newport Beach
> Community Development Department I Planning Division
> 100 Civic Center Drive I Newport Beach, CA 92660
> (949) 644-3235 (949) 644-3229 1 palford@newportbeachca.gov
> ----- Original Message-----
• From: jherdmanl@roadrunner.com [mailto:iherdmanl@roadrunner.com]
> Sent: Thursday, June 12, 2014 9:53 PM
> To: Alford, Patrick
> Subject: Re: A -Frame Signs
> Pat,
> We had a Balboa Improvement Association Board Meeting tonight. The consensus of our Board is thal
A -Frame signs simply will not work on Marine Ave., Balboa Island. As far as the rest of the City, we have
no problem with their proposed use and echo the guidelines/suggestions that you have received from
other groups, and do support the guidelines that have been developed by the Planning Division.
> Jeff Herdman,President
> Balboa Island Improvement Association
> ---- "Alford wrote:
>> The City Council initiated a Zoning Code amendment that would allow A -frame signs on private
property. The Planning Division has prepared a draft of the A -frame sign standards and would like your
organization's thoughts. Please review the attached memorandum and send your comments to the
Planning Division by June 30, 2014.
13-17
Public Continents Page 7
>> Please contact me if you have any questions or require additional information.
> > Patrick J. Alford I Planning Program Manager City of Newport Beach
» Community Development Department I Planning Division
> > 100 Civic Center Drive I Newport Beach, CA 92660
» (949) 644-3235 1(949) 644-3229 1 palford@newportbeachca.gov
13-18
Public Comments Page 8
ATTACHMENT CC 5
NEWPORT BEACH PLANNING COMMISSION MINUTES 8/21/14
NOES: None
ABSTENTIONS: None
ABSENT: Kramer
ITEM NO.3 A -FRAME SIGN REGULATIONS (PA2014-054)
Site Location: City-wide
Planning Program Manager Patrick Alford provided a PowerPoint presentation defining A -frame signs, providing
example, a summary of the proposed regulations, and depicting how they may function in various commercial
areas.
In response to Commissioner Hillgren's questions, Mr. Alford reported on distinctions between where the private
property ends and the public right-of-way begins. He added that if necessary, the City Surveyor may take
appropriate measurements and make appropriate determinations relative to where the signs can be located.
Commissioner Hillgren opined that it would be impractical as it relates to Code issues.
Commissioner Koetting asked regarding businesses located on second floors and`ivFf 'Alford reported that they
would be permitted an A -frame sign if they have a common entrance on the ground floor. He added that it may
become a matter to be addressed between landlords and their tenants.
Chair Tucker expressed concerns with the possible proliferation of signs in the area and in public rights-of-way.
°a x
Commissioner Hillgren commented on residents of Balboa Island request that A -frame signs not be permitted on
Marine Avenue.
Chair Tucker noted that the right-of-way is heavily used on Balboa Island.
Chair Tucker opened the Public Hearing.
W. R. Dildine expressed concerns with the number of objects in the public right-of-way on Balboa. He stated
that every property owner should know where their property line is and noted challenges with Code Enforcement
being short-handed.
Jim Mosher referenced written comments he submitted earlier today specifically regarding one section of the
proposed code (Section 20.42.090(G)(7)(F) that seems to be "grammatically botched". He stated he offered
three (3) suggested alternatives for increased clarity.
Seeing no other speakers; Chair Tucker closed the Public Hearing.
Commissioner Lawler stated it seems like a good idea, but expressed sympathy with the public right-of-way
issue.
Chair Tucker noted that signs would be allowed in private property and not in the public right-of-way. He added
that the concept is good, but the practicality is questionable.
Commissioner Brown wondered if there is a way to require that before a business is allowed to place an A -frame
sign they are aware of where the private property ends and the public right-of-way begins.
Deputy Community Development Director Brenda Wisneski reported that the best way to address the issue is to
require a sign permit for the A -frame sign.
Commissioner Koetting agreed with requiring a sign permit to ensure that it will be of the proper design and
appropriate location. Additionally, it would act as a tool for Code Enforcement.
Commissioner Hillgren stated that A -frame signs, if done well, can make for an interesting walk down a sidewalk.
He stated that over regulating them would be overkill. He expressed concerns with proliferation and suggested
there should be one permitted, per address as a way to regulate the numbers.
Page 4 of 10
13-19
NEWPORT BEACH PLANNING COMMISSION MINUTES 8/21/14
Chair Tucker questioned whether landlords want to be in the business of regulating signs.
Commissioner Hillgren commented on Code Enforcement and asked whether there could be a review provision
within a specified time.
Chair Tucker stated that would be done in a use permit context rather than through a code.
Secretary Myers felt that the proliferation of signs in front of a multi -tenant building will create a problem and that
requiring a landlord to regulate them will be difficult. He agreed that issuing permits for A -frame signs would be
overkill but noted that it would be good to have guidelines. He stated he is not i vor of the matter.
Chair Tucker suggested cleaning up some of the language and agreed with Mr. Mos er's comments regarding
subsection 7F recommending that the section number be stated at the beginning of the section after "in
compliance with". He suggested changes to subsection7E as "A -frame signs shall be designed so as to remain
upright in a moderate wind".
Deputy Community Development Wisneski clarified that the code language indicates that if the Planning
Commission decides to not approve the amendment, the item dies at the Planning Commission level unless it is
appealed to the City Council.
Commissioner Hillgren confirmed that this is applicable to all commercial properties throughout the City and was
requested by merchants in Corona del Mar. He asked whether there is merit in to limiting it to the Corona del
Mar area.
Mr. Alford confirmed that the amendment could be written to limit it to the Corona del Mar area. He added that
currently, they are prohibited City-wide, including shopping centers, with the general exception for signs not
visible from the public right-of-way.
Discussion followed regarding restrictions in shopping centers and the need to comply with the center's sign
restrictions.
Commissioner Hillgren noted that he would limit the amendment to Corona del Mar rather than City-wide. He
added that if the program is successful, it could be implemented City-wide.
Chair Tucker commented against passing different regulations for different areas in the City. He suggested
making no recommendation.
Motion made by Commissioner Hillgren to adopt a resolution recommending City Council adoption of Code
Amendment No. CA2014-005 establishing A -Frame sign regulations in Corona del Mar and with the
proposed language modifications.
Substitute motion made by Commissioner Lawler to adopt a resolution recommending City Council adoption
of Code Amendment No. CA2014-005 establishing A -Frame sign regulations with the proposed language
modifications. The Substitute motion died for lack of a second.
Discussion followed regarding existing regulations that apply to specific areas in the City such as parking in
Balboa Island. Mr. Alford noted there are examples within the code that are limited to certain geographic
areas.
Commissioner Hillgren restated his original motion.
Motion made by Commissioner Hillgren and seconded by Commissioner Lawler and carried (4 — 2) to adopt a
resolution recommending City Council adoption of Code Amendment No. CA2014-005 establishing A -Frame
sign regulations in Corona del Mar and with the proposed language modifications discussed.
AYES: Brown, Hillgren, Koetting, and Myers
NOES: Lawler and Tucker
ABSTENTIONS: None
Page 5 of 10
13-20
ATTACHMENT CC 6
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 21, 2014 Meeting
Agenda Item 3
SUBJECT: A -frame Sign Regulations (PA2014-054)
• Code Amendment CA2014-005
APPLICANT: City of Newport Beach
PLANNER: Patrick Alford, Planning Manager
(949) 644-3235, palford@newportbeachca.gov
PROJECT SUMMARY
An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to allow
A -frame signs on private property in commercial zoning districts.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt the attached resolution recommending City Council adoption of Code
Amendment No. CA2014-005 establishing A -Frame sign regulations (Attachment
PC 1).
Section 20.42.040 of the Newport Beach Municipal Code defines an A -frame sign as "a
freestanding portable sign typically constructed of wood, metal, or plastic. These signs
are usually small and are removed at the close of business. They are typically hinged
at the top, or attached in a similar manner, and widening at the bottom to form a shape
similar to the letter 'A"' (see Attachment PC 2).
The City's sign regulations currently prohibit A -frame signs throughout the City.
On March 11, 2014, the City Council of the City of Newport Beach initiated an
amendment to the Zoning Code that would modify the current prohibition on A -frame
signs to allow such signs on private commercial property, provided they do not impede
or impact use of the public right-of-way. The Council's action followed receipt of a letter
from the Corona del Mar Business Improvement District (CdM BID) requesting
reconsideration of A -Frame sign regulations (see Attachment PC 3).
1 13-21
A -Frame Sign Regulations
August 21, 2014
Page 2
DISCUSSION
The Proposed Amendment
The proposed amendment would establish regulations regarding location, number, size
(sign area), height, and design of A -frame signs. Under the proposed regulations, A -
frame signs would be permitted in all commercial zoning districts, on private property,
and on the same property as the business it identifies. Other requirements are
summarized below:
Location:
• Within ten (10) feet of the primary entrance of the business or of a pedestrian
plaza, courtyard, or arcade; and
• Cannot interfere with pedestrian ingress or egress as required by the Building
Code or Fire Code; and
• Must be separated by a minimum distance of three (3) feet from another A -frame
sign or other type of portable sign (i.e., restaurant menu signs); and
• Shall not obstruct parking spaces or vehicle maneuvering areas; and
• Shall not be located in landscape planters; and
Cannot impede vehicular sight distance in compliance with Section 20.30.130
(Traffic Safety Visibility Area).
Number: One (1) A -frame sign per tenant space.
Sign Area: Maximum ten (10) square feet per sign face.
Height: Maximum of forty-eight (48) inches.
Duration: Can only be displayed during regular business hours and is to be removed
when the establishment is closed.
Other Design Requirements:
• No illumination; and
• No flags, pennants, balloons, or other attention attracting devices; and
2 13-22
A -Frame Sign Regulations
August 21, 2014
Page 3
May have re -writable surfaces, such as chalk boards or dry -erase boards; the
use of paper or cloth is not permitted unless located within a glass or plastic
enclosure; and
The sign must be capable being upright in a moderate wind.
Permits: Not required.
Analysis
Most commercial districts do not have required building setbacks. Most commercial
buildings (Corona del Mar, McFadden Square, Balboa Island, Balboa Village, etc.) are
located on the property line. Therefore, the number of A -frame signs in these areas will
be limited, as the signs will be required to be placed outside of the public right-of-way
(i.e., sidewalks) on private property. Furthermore, requiring A -frame signs be placed
within ten (10) feet of the primary entrance of the business should serve to keep such
signs within the periphery of larger shopping centers so that they do not become an
eyesore.
The separation requirement and compliance with Building Code or Fire Code ingress or
egress requirements should avoid A -frame signs from interfering with pedestrian
movement on public sidewalks. Also, compliance with the Zoning Code's Traffic Safety
Visibility Area will keep such signs from impeding vehicular sight distances.
The prohibitions on illumination and attention -attracting devices and other design
requirements will protect the community's appearance and encourage signs that are
well designed and that attract and invite rather than demand the public's attention. As
with all signs, A -frame signs must be constructed of permanent materials, including but
not limited to metal, wood, acrylic, or other comparable durable, weatherproof materials,
pursuant to Section 20.42.060.0 of the Zoning Code and properly maintained pursuant
to Section 20.42.170 of the Zoning Code.
Public Participation
Staff requested comments on the draft sign regulations from community and business
associations in Corona del Mar, Mariners' Mile, and the Balboa Peninsula. Staff
received five (5) comments. Most notably, the Balboa Island Improvement Association
Board of Directors commented that the A -frame signs under the proposed regulations
would not benefit Marine Avenue businesses because they could not comply with the
locational requirements and would impede public access on Marina Avenue sidewalks;
otherwise, the Association had no objections to allowing them elsewhere in the City.
Other comments expressed opposition to A -frames in general and support for the A -
frame signs under the proposed regulations. Copies of the comments received are
provided in Attachment PC 4.
3 13-23
A -Frame Sign Regulations
August 21, 2014
Page 4
Conclusion
The proposed sign regulations will provide businesses with another opportunity for
adequate identification in a manner that is consistent with the purposes of the Sign
Code, which include "guarding against the excessive and confusing proliferation of
signs by appropriately regulating the time, place, and manner under which signs may be
displayed."
Alternatives
The Commission has the option to:
1) Incorporate changes to the proposed amendment and forward a
recommendation that the City Council adopt the amendment; or
2) Continue consideration of the proposed amendment to a future date; or
3) Recommend the City Council not adopt the amendment.
Environmental Review
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the commercial properties involved have an average slope of less
than 20 percent; and the and proposed amendment would not result in any changes in
land use or density. This code amendment is also categorically exempt under Section
15311 of the CEQA Guidelines — Class 11 (Accessory Structures), which exempts the
construction, or placement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, including on -premise signs.
Public Notice
Notice of this application was published in the Daily Pilot at least 10 days before the
scheduled meeting, consistent with the provisions of the Municipal Code. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
4 13-24
Prepared by: Submitted by:
Patrick J. Alford, Planning Program*na
Manager
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Examples of A -frame Signs
PC 3 Corona del Mar Business Improvement District Letter
PC 4 Comment Emails
A -Frame Sign Regulations
August 21, 2014
Page 5
, Deputy Director
13-25
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, October 14, 2014, at 7:00 p.m., a public hearing will be
conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of
Newport Beach will consider the following application:
A -Frame Sign Regulations — An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to
allow A -frame signs on private property in commercial zoning districts.
NOTICE IS HEREBY FURTHER GIVEN The code amendment is categorically exempt under Section 15305, of
the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the commercial properties involved have an average slope of less than 20 percent; and
the and proposed amendment would not result in any changes in land use or density. This code amendment is
also categorically exempt under Section 15311 of the CEQA Guidelines — Class 11 (Accessory Structures),
which exempts the construction, or placement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, including on -premise signs.
For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at
(949) 644-3235, palford@newportbeachca.gov.
Project File No.: PA2014-054 Activity No.: CA2014-005
Zone: All commercial zoning districts General Plan: Various
Location: City-wide Applicant: City of Newport Beach
e
N�
Leilani I. Brown, City Clerk
City of Newport Beach
a
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
7015 ' ':R 19
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
action for which the attached notice was published.
1 am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot,
which was adjudged a newspaper of general circulation on lune 19, 1952, Cases
A24831 for the City of Newport Beach, County of Orange, and State of
California. Attached to this Affidavit is a true and complete copy as was printed and
published on the following date(s)-
Sept 27, 2014;
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and
correct.
Dated at Chicago, Illinois
on this day of " 20��
[sign ure]
435 N. Michigan Ave.
Chicago, IL 60611
270710:1— (Newport Harbor News Press Combined With daily Pitot
Page 1 of 2
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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
action for which the attached notice was published.
1 am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot,
which was adjudged a newspaper of general circulation on lune 19, 1952, Cases
A24831 for the City of Newport Beach, County of Orange, and State of
California. Attached to this Affidavit is a true and complete copy as was printed and
published on the following date(s)-
Sept 27, 2014;
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and
correct.
Dated at Chicago, Illinois
on this day of " 20��
[sign ure]
435 N. Michigan Ave.
Chicago, IL 60611
270710:1— (Newport Harbor News Press Combined With daily Pitot
Page 1 of 2
Sold To:
City of Newport Beach - CUOOO72O31
100 Civic Center Dr.
Newport Beach, CA 92660
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, October 14, 2014, at 7:00 p.m., a public hearing will be conducted in the City
Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the
following application:
A -Frame Sign Regulations — An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to allow A -
frame signs on private property in commercial zoning districts.
NOTICE IS HEREBY FURTHER GIVEN The code amendment is categorically exempt under Section 15305, of the
California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because
the commercial properties involved have an average slope of less than 20 percent; and the and proposed amendment
would not result in any changes in land use or density. This code amendment is also categorically exempt under Section
15311 of the CEQA Guidelines — Class 11 (Accessory Structures), which exempts the construction, or placement of minor
structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including on -premise
signs.
For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at (949) 644-3235,
palford@newportbeachca.gov.
Project File No.: PA2014-054 Activity No.: CA2014-005
Zone: All commercial zoning districts General Plan: Various
Location: City-wide Applicant: City of Newport Beach
ic
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4
nom` 9.
s Leilani I. Brown, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, October 14, 2014, at 7:00 p.m., a public hearing will be conducted in the City
Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the
following application:
A -Frame Sign Regulations — An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to allow A -
frame signs on private property in commercial zoning districts.
NOTICE IS HEREBY FURTHER GIVEN The code amendment is categorically exempt under Section 15305, of the
California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because
the commercial properties involved have an average slope of less than 20 percent; and the and proposed amendment
would not result in any changes in land use or density. This code amendment is also categorically exempt under Section
15311 of the CEQA Guidelines — Class 11 (Accessory Structures), which exempts the construction, or placement of minor
structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including on -premise
signs.
For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at (949) 644-3235,
palford@newportbeachca.gov.
Project File No.: PA2014-054 Activity No.: CA2014-005
Zone: All commercial zoning districts General Plan: Various
Location: City-wide Applicant: City of Newport Beach
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Corona del Mar BID
Willdan Financial Services
2855 E. Coast Hwy., Suite 101
Corona Del Mar, CA 92625
Attn: Bernie Svalstad
Balboa Island Marketing
P.O. Box 64
Balboa Island, CA 92662
Attn: Sheri Drewry
Newport Beach Tourism BID
1600 Newport Center Dr, Suite 120
Newport Beach, California 92660
Attn: Gary Sherwin
BALBOA PENINSULA PT. ASSN
DENNIS BOROWSKY
2037 SEVILLE AVE
NEWPORT BEACH 92661
NEWPORT HTS IMPROV ASSN
DON KROTEE
2916 CLAY ST
NEWPORT BEACH 92663
Newport Beach Restaurant Assoc.
1600 Newport Center Drive Ste. 120
Newport Beach, CA 92660
Attn: Jim Walker
Newport Beach Chamber of Commerce
20351 Irvine Ave., Suite C-5
Newport Beach, CA 92660
Attn: Steve Rosansky
CDM RESIDENTS ASSOCIATION
PO BOX 1500
CORONA DEL MAR 92625
Mariners Mile Business Owners Assn.
424 E. 26th St.
Costa Mesa, CA 92627
Attn-. Ned McCune
CdM Chamber of Commerce
2855 E. Coast Hwy., Suite 101
Corona Del Mar, CA 92625
Attn: Linda Leonhard
JEFF HERDMAN
204 CORAL AVE
NEWPORT BEACH 92662
CENTRAL NB COMM. ASSN.
WEST NEWPORT BEACH ASSN.
LOUISE FUNDENBERG
CRAIG BATLEY
808 W BALBOA BLVD
2901 NEWPORT BLVD
NEWPORT BEACH 92661
NEWPORT BEACH 92663
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