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HomeMy WebLinkAbout03 - Balboa Village A-frame Signs - Amended Draft Interim OrdinanceNovember 12, 2014 Agenda Item No. 3 ORDINANCE NO. 2014- AN INTERIM ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH ALLOWING A -FRAME SIGNS IN BALBOA VILLAGE COMMERICAL ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS 1. A -frame signs are prehibited currently prohibited City -wide, pursuant to Section 20.42.050 (F)(1) of the City's Zoning Code. 2. On October 28, 2014, the City Council adopted Ordinance No. 2014 -17, which amended the Zoning Code to allow A -frame signs in the Corona del Mar commercial zoning districts effective November 27, 2014. 3. The City Council desires to temporarily allow A -frame signs in other commercial districts and on October 14, 2014, directed staff to prepare an ordinance that would permit A -frame signs in the Balboa Village Commercial District for a one -year trial period. 4. A public hearing was held on November 12, 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. Adoption of the interim ordinance is 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. A -frame signs subject to the regulations of the Zoning Code provide businesses another opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs. 2. A- frames signs may be suitable for the commercial and mixed -use zoning districts of Balboa Village. City Council Ordinance No. 2014 -_ Page 2 of 3 3. It is appropriate to allow A -frame signs in the commercial and mixed -use zoning districts of Balboa Village for a one -year trial basis to evaluate and determine if such signs are suitable for such districts. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The prohibition on A -frame signs is suspended in the commercial and mixed -use zoning districts of Balboa Village, as depicted in Figure LU20 of the Land Use Element of the General Plan for a period of one year commencing O^^^ 5, 24�4January 1, 2015, and ending on January 1, 2016. Section 2: All A -frame signs permitted under this Ordinance shall be subject to regulations of Section 20.42.090(G) of the Newport Beach Municipal Code. Section 3: The Community Development Director is directed to monitor the use of A- frame signs in the commercial and mixed -use zoning districts of Balboa Village during the one -year trial period and report back to the City Council prior to the termination of this Ordinance. Section 4: 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 5: 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. Section 6: This Ordinance shall become effective thirty (30) days after the date of its adoption and shall remain in effect until January 1, 2016fer a PeFiG' of eRe (1) yeap thprpaftp , unless earlier terminated or repealed, or extended, by ordinance of the City Council. [SIGNATURES ON NEXT PAGE] City Council Ordinance No. 2014 -_ Page 3 of 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12`h day of November, 2014, and adopted on the 25th day of November, 2014, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR Rush N. Hill, II intAt ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: ?b I Aaron C. Harp, City Att rney w