HomeMy WebLinkAbout07 - PA2002-128 - Temporary Real Estate SignsCITY OF NEWPORT BEACH Hearing Date: September 10, 2002
PLANNING DEPARTMENT Agenda Item: 18
3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber
• 4,,0 "" NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
REPORT 10ILIE MAYOR AND C'TTV C OUNCTT 7
PROJECT: Temporary Real Estate Signs Cr _
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. [Code
Amendment No. 2002 -004 (PA2002 -128)]
ACTION: Sustain the action of the Planning Commission and deny the amendment;
••
Overrule the denial of the amendment by the Planning Commission and
For September 10, 2002:
Introduce Ordinance No. , amending Chapter 20.67 related to
is temporary real estate signs and pass to second reading on September 24,
2002.
For September 24, 2002:
Adopt Ordinance No.,
APPLICANT: City of Newport Beach
LOCATION: Residential properties City -wide
GENERAL PLAN: All Residential Designations
ZONING
DISTRICT: All Residential Classifications
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.
Planning Commission Action
The Planning Commission considered the proposed amendment at their meeting on August 22,
2002. After discussion, a motion to approve the request failed by a vote of 3 Ayes and 3 Noes. The
concerns express by some Commissioners included the magnitude of the increased sign size (118%
increase), how useful the additional information to be conveyed by the additional sign area would
be to members of the general public, concerns over increased litter coming from the brochure
boxes, and that the brochure boxes provide additional surface are for sign text.
This action of the Planning Commission was called for review by Mayor Ridgeway on August 27,
2002.
Project Overview and Analysis
For the Council'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.
0
Temporary Real Estate Sign Regulations (PA2002 -128)
September 10, 2002)
Page 2 of 3
• 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 (" CEQX) under Class 5, Minor
Alterations in Land use Limitations.
Recommendation
Sustain the action of the Planning Commission and deny the amendment, OR overrule the Planning
Commission and approve the amendment by adoption of the attached Ordinance.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Draft Ordinance
Prepared by:
TODD M. WEBER
Associate Planner
2. Correspondence from Association of Realtors
3. Draft Planning Commission minutes
F:\ USERS\ PLN\Shared \ICITYCNL\2002 \0910\Real Estate Signs.doc
Temporary Real Estate Sign Regulations (PA2002 -128)
September 10, 2002)
Page 3 of 3
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 WhiGh 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)
LeJ@4 and L(#} of this subsection;
The sign shall not exceed two hundred sixteen (216) square inches
(1.5 square G'
feet). , e%;
(ii) The sign may have one rider not to exceed ninety -four (94) square
inches:
(iii.) The sion may include one brochure box not to exceed 154 souare
inches For purposes of this section a brochure box means a plastic or metal
container designed to hold brochures or flyers describina or advertisina the real
property for sale lease. rent or exchange:
I
• iv. (,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;
L�10) The sign shall be placed on the parcel for sale, lease, rent or
exchange and shall not be installed in a manner that which creates a hazard for
traffic or pedestrians;
ll(o No flags, pennants, balloons, or other attention - attracting devices
shall be displayed;
JqJ{#} The sign shall be removed immediately after the sale, lease or
rental of the property has been consummated;
Lej(g} In addition to the sign permitted above, one -on -site open house
sign m jy 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)(elr3Aii) 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;
ifs- In addition to the open house sign permitted in subsection
(A)(1)(a)(1)!e)!�r 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:
i. 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 which
creates a hazard to traffic or pedestrians. The sign also may not be attached to
any public property. as detailed in section 20.67.025.1.6 & 1.7
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)
`J
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)_--ap.4 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.
0
• 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:
•
ATTEST:
CITY CLERK
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
F.\ userskat\shared\cp\LawCIerMDonnaBigilOrdinance20 .67.035.doe
I
F r
ORANGE COAST ASSOCIATION OF REALTORS ®, INC.
401 North Newport Bo*608 E j V E C
Newport Beach, California 92663 -4210
Telephone (949) 722.2300 FAX (949) 642 -4105 MLS FAX (949631 -4276
www.ocaor.com-02 hAY —2 AB .4 t
--CLERK
CI"( OF N_Vf °7P.T BSA CN
moa April 30, 2002
OFFICERS
PRESIDENT
Honorable Mayor Tod Ridgeway
DARRELL PASN
Honorable City Council
PRESIDENT-ELECT
City of Newport Beach
AKE
3300 Newport Blvd.
SECRETARY
LCUANNE AI TEY
P.O. Box 1768
Newport Beach, CA 92658 -8915
TREASURER
DANIEL 5185
DIRECTORS Dear Mayor Ridgeway and City Council:
508 CHAPMAN
BETTY COMEGYS
WALLACE "OING' GIRLING The Orange Coast Association of Realtors would like to request an addition
DAVID PRINCE
JUDY MERTZ to-the current code regarding temporary signs.
JENNIFER WONG
ROBIN TENON
,���� The change to the ordinance we are requesting is to allow one sign rider on
VICE.PRESIDENT
FILE residential for sale or lease signs, not to exceed 94
A MCCRE. CAE. RCE gns, square inches, and'one
brochure box, not to exceed capacity to bold 8 M/2 x I 1 sheets of paper
(approximately 154 square inches).
•
1
The request for the change is to continue to serve the public and assist with
the sale/lease of their homes. The practice has been one rider and a brochure
box for numerous years, and we would like the current practice and code to
be parallel and legal.
Thank you for your consideration, I have given Tim Sinasek examples of a
sign rider and 3 brochures boxes for your review. Please call me if you have
any questio or need any fiuther information.
S' y,
cia R. Moore, CAE RCE
Executive Vice President Date
PRM:jd
CC: Homer Bludau, Jim Sinasek
Ca;ies Sent To:
"?ldiyar
�_ undl Member
Q�Sara;er
C1 :'tarney
C
Exhibit No, 2 W
City of Newport Beach
Planning Commission Minutes
August 22, 2002
SUBJECT: Real Estate Signs
A request to amend Zoning Code Chapter 20.67, Signs, to allow the addition of a
single 'rider' sign and a single ' brochue box' per property in conjunction with an
approved temporary real estate sign.
Ms. Temple stated that because this item was not property specific, it is a code
amendment, In addition to our normal advertising; we placed a display ad at 1/8
page size in the Daily Pilot to try and get the concerns of any interested parties
before you.
Public comment was opened.
Public comment was closed.
Motion was made by Commissioner Tucker to adopt Resolution number next in line
approving the requested PA2002 -128 for CA2002 -004.
Commissioner Gifford stated that the brochure boxes are a source of a
tremendous amount of litter and is therefore, not In favor of approving this item.
• Chairperson Kiser stated that the size for the rider sign is too large. I am not for
increasing the size for real estate for sale signs at all. They are adequate size.
There will always be pressure from the brokerage community to increase the size
of these signs. Rider signs say, 'In Escrow' or 'Sold'. Understanding that we cannot
regulate the text on these, if we increase the size by 94 square inches that is
almost a 50% Increase in the size of the total real estate sign. They could put any
text they want on the rider. I question the need for the rider to begin with. If it is in
escrow, what does that say? You contact the real estate agent anyway because
sales do fall out of escrow. If it says sold, I question why the sign is still there. The
answer is, it is still advertising. My impression is that by increasing the size of these
signs allows more broker advertising throughout our beautiful city on any home
that happens to be sold. I would not increase the size of these signs at all. I think
the brochure box has a use of communicating information that is somewhat
convenient, however, both the litter aspect and the ability of the company to
have the ability to put text on the side of the brochure box increases the size of
the signs quite a bit. The present size Is adequate. The brokerage community is
putting the rider signs on, even though It is not allowed. That makes me
concerned.
At Commission inquiry, Ms. Temple stated that if this item is denied it goes no
further unless a Councilmember calls it up for review or an interested member of
the public appeals it. This came to us as a letter written by the Orange Coast
Association of Realtors to the Mayor who forwarded it to the Code Enforcement
and the City Attorney's office for a code amendment. Our code enforcement
personnel enforce this Issue. The illegal signs are removed and If they appear too
. often, they receive a notice of violation and then go through the citation process.
14
INDEX
Item 4
PA2002 -128
Denied
Exhibit No. 3
City of Newport Beach
Planning Commission Minutes
August 22, 2002
followed on the timeline of the enforcement process and fines.
Commissioner McDaniel stated that a bigger sign is not going to increase the
ability for the realtors to do any more than what they do now. I would not be In
favor of this item.
Commissioner Gifford asked if there was a consistent number of times that there
has to be a violation prior to the start of the violation process? Is the enforcement
against individual sales people or is it against a brokerage company?
Ms. Temple answered that we get more aggressive in seeing the same realtor
having the same violation. We start out with the seven -day turnaround then ramp
up to the daily citation if the signs continue to appear. It is usually against the
brokerage company. The open house signs are allowed.
Commissioner Tucker revised his motion to have the rider be 54 square inches and
the brochure box 120 square inches. I prefer to have that information available
without having the obligation to go inside a home that is for sale.
Commissioner Selich noted his support of the motion.
Ayes: Agajanian, Selich, Tucker
Noes: McDaniel, Kiser, Gifford
Motion failed.
•ADDITIONAL BUSINESS:
a) l�City Council Follow -up - Ms. Wood noted that at the last Council meeting of
August 13th a budget amendment of $50,000 to re- appropriate funds for the
Balboa Peninsula Sign Amortization and Incentive Program was authorized;
the Pacific Bay Homes appeal of the denial was withdrawn by the
applicant, but the ,City Council chose to send the matter back to the
Planning Commission* to. define the parameters for these uses; Hoag Hospital
PC amendment excluding some areas from floor area due to State
requirements was approved; another code amendment was initiated to
adopt design guidelines with a review process for Balboa Village.
b) Oral report from Planning Commission's representative to the Economic
Development Committee - no meeting.
"w
c) Report from Planning Commission's representatives to the General Plan
Update Committee - no meeting.
d) Report from Planning Commission's representative to the Local Coastal
Plan Update Committee - Commissioner Selich noted that the first two
15
INDEX 0
Additional Business
0
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