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Home My WebLink About03 - A-frame SignsCITY OF NEWPORT BEACH City Council Staff Report October 28, 2014 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Manager, PAlford @newportbeachca.gov PHONE: (949) 644 -3235 TITLE: A -frame Signs Ordinance for Second Reading (PA2014 -054) ABSTRACT: The second reading and adoption of Ordinance No. 2014 -17, approving Zoning Code Amendment No. CA2014 -005 to allow A -frame signs in the Corona del Mar commercial zoning districts. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2014 -17, 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, approving Code Amendment No. CA2014 -005 (Staff Report Attachment No. CC1). FUNDING REQUIREMENTS: There are no funding requirements associated with this item. DISCUSSION: On October 14, 2014, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2014 -17 that approved Code Amendment No. CA2014 -005. The Ordinance permits A -frame signs in the Corona del Mar commercial zoning districts and establishes regulations regarding location, number, size, height, and design for such signs. At the same meeting, the Council expressed an interest in considering allowing A -Frame signs elsewhere in the business districts, including the Balboa Village. Staff will do some further outreach and will return soon with proposals in accordance with the Council's direction. 3 -1 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: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC 1 - Ordinance No. 2014 -17 3 -2 ATTACHMENT CC 1 ORDINANCE NO. 2014 -17 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. 3 -3 City Council Ordinance No. 2014 -17 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: 3 -4 Only permitted in During hours the commercial districts A -frame Signs t Per tenant fp sq. ft. per sign 48 in. establishment is in Corona del Mar space. and subject 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: 3 -4 City Council Ordinance No. 2014 -17 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. 3 -5 City Council Ordinance No. 2014 -17 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 28`h 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 3 -6 City Council Ordinance No. 2014 -_ Page 5 of 5 APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron C. Harp, City Attor ey 'ID 11 3 -7