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Home My WebLink About11 - Comprehensive Sign Code Update & Sign Design Guidelines ManualCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 September 13, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic development; Planning Department George A. Berger, AICP; Program Manager (949) 644 -3207; gaberger @city.newport- beach.ca.us SUBJECT: Comprehensive Sign Code Update and Sign Design Guidelines Manual ISSUE: Update of Chapter 20.67 of the Municipal Code and adoption of Sign Design Guidelines. RECOMMENDATION: 1) Introduce Ordinance No. 2005 - _, to repeal Chapter 20.67 of the Newport Beach Municipal Code and adopt a new Chapter 20.67 pertaining to regulation of signs on a citywide basis, except the Newport Coast and Newport Ridge Planned Communities, or where regulations conflict with regulations established in the Santa Ana Heights Specific Plan and all other commercially -zoned Planned Communities, and related amendments to Title 20 of the Newport Beach Municipal Code to repeal the Sign Regulations and related references on Districting Maps of the Mariner's Mile Specific Plan and Balboa Sign Overlay, and amendment to add Subsection L to Section 10.50.020 of Chapter 10.50; and 2) Pass to second reading on September 27, 2005. BACKGROUND: At its meeting of August 23, 2005, the City Council opened the public hearing for review of the proposed Sign Code and Sign Design Guidelines, discussed a number of items, Sign Code and Sign Design Guidelines September 13, 2005 Page 2 directed staff to provide revisions, and continued the public hearing to the meeting of September 13th* DISCUSSION: A. PROPOSED SIGN CODE At the meeting of August 23rd, the Council raised the following main issues; requesting further information or clarification in the proposed Sign Code's text: 1. Flags: The Council requested clarification within the Code regarding the number and size of non - commercial (including governmental) and commercial flags. The following text has been added to the proposed Code (Section No. 20.67. 100 (B) (1) (t)J: "Flags. Flags bearing noncommercial messages or graphic symbols, and flags bearing on -site commercial messages or graphic symbols, shall not require the issuance of a Sign Permit, subject to the following restrictions: (1) Flags bearing commercial messages shall not be displayed in residential zones. (2) A maximum of three flags may be displayed on any single parcel. However, only one flag bearing an on -site commercial message may be displayed on each parcel in nonresidential zones. (3) No single flag shall exceed 40 square feet in area. The aggregate area of all flags displayed on any single parcel shall not exceed 72 square feet. For purposes of determining flag size, only one side of the flag shall be counted as a display surface." 2. Amortization of signs made non - conforming by the new Code: The Council requested that signs with sign face area larger than the currently- proposed seventy -five (75) square feet be included in the sign types that will be amortized. The text making that revision has been added to the proposed Code. (Section No. 20.67.140 (A) (5)J 3. Incentive Program for Amortized Signs: The Council directed staff to develop an incentive program to be aimed toward assisting sign owners in replacing their nonconforming signs. Staff will bring forward an incentive program for Council approval at a later date that includes both a reduction in city permitting fees and a streamlined sign approval process, thereby saving both time and money for applicants. Further, staff will discuss the process with representatives of the local sign design and fabrication industry to determine if additional incentives would be advantageous, and utilized. This program will be adopted by Council Resolution. M Sign Code and Sign Design Guidelines September 13, 2005 Page 3 4. Abandoned signs: Following discussion by the Council, the City Attorney has revised the text of the proposed Sign Code to incorporate the appropriate procedural requirements of the California Business and Professions Code, and clarify when and under what circumstances an abandoned sign shall be removed. [Section No. 20.67.150] 5. Heritage Signs: The Heritage Sign Program is a mechanism by which nonconforming historic signs and signs with local cultural significance can be spared the removal required following the state - required fifteen -year amortization schedule. The City Council expressed the sentiment that there were some signs that do not meet the criteria for designation (age or significance) as Heritage Signs, but which still warrant protection from amortization given their general design, architectural or contextual significance. Under the approval authority of the Planning Commission, signs having a unique quality of design meeting the criteria of the Innovative Sign Program may obtain a permit. (Section No. 20.67.180 (Heritage Sign Program) and 20.67.130 (innovative Sign Program)] B. PROPOSED SIGN DESIGN GUIDELINES At the meeting of August 23rd, the Council raised the following issue related to the proposed Sign Design Guidelines: 1. "Blank" Space on Pylon Signs: The Council noted that large areas of "blank" space on pylon signs served little design purpose other than to increase the actual height of the freestanding sign to the maximum allowed; and recommended that if there was no reason for the extra "blank' height, the size of the sign could be reduced. Staff has added the following text into the Sign Design Guidelines: "Avoid large areas of blank space. Large areas (50 percent or more) of blank sign area should be avoided. If the total allowed sign area is not required to convey the message effectively, it is best to reduce the overall size of the sign." The Sign Design Guidelines are subject to adoption by Council Resolution, and will be brought back before the City Council in concurrence with the second reading of the proposed ordinance to adopt the Sign Code. PrWaAd by: Submitted by: ASSISTANT 3 Sign Code and Sign Design Guidelines September 13, 2005 Page 4 Attachment: Exhibit A — Ordinance No. 2005 - q EXHIBIT A ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, TO REPEAL CHAPTER 20.67 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADOPT A NEW CHAPTER 20.67 PERTAINING TO REGULATION OF SIGNS ON A CITYWIDE BASIS, EXCEPT THE NEWPORT COAST AND NEWPORT RIDGE PLANNED COMMUNITIES, OR WHERE REGULATIONS CONFLICT WITH REGULATIONS ESTABLISHED IN THE SANTA ANA HEIGHTS SPECIFIC PLAN AND ALL OTHER COMMERCIALLY -ZONED PLANNED COMMUNITIES; AND RELATED AMENDMENTS TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REPEAL THE SIGN REGULATIONS AND RELATED REFERENCES ON DISTRICTING MAPS OF THE MARINERS MILE SPECIFIC PLAN AND BALBOA SIGN OVERLAY, AND AMENDMENT TO ADD SUBSECTION L TO SECTION 10.50.020 OF CHAPTER 10.50. SECTION 1. LEGISLATIVE FINDINGS The City Council, in adopting Ordinance No. 2005- makes the following findings: WHEREAS, the City Council recognizes that the City's present Sign Regulations, as found in Chapter 20.67 of the Municipal Code of the City of Newport Beach, are outdated and out of alignment with current standards for sign design, construction, and community aesthetics; and WHEREAS, the City Council has determined that there is a need to update the City's signage regulations to protect the public health, safety and welfare from potential effects and impacts of signs; and WHEREAS, the City Council recognizes the City's extraordinary setting and desires to protect and enhance the City's unique character and aesthetic standards, promote tourism through enhanced aesthetic appeal, and protect public safety and property values; and 5 WHEREAS, the City Council has determined that excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents, visitors and the traveling public; and WHEREAS, the City Council finds that proper sign control is an important governmental interest and therefore desires to provide a new sign ordinance and design guidelines to implement its goals of achieving quality signage that preserves and enhances the community's appearance, while still allowing sufficient business identification; and WHEREAS, the City Council intends to provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place and manner under which signs may be displayed; and WHEREAS, in an effort to achieve these objectives, the City Council appointed a steering committee to oversee the drafting of the new sign code ordinance to update the existing sign code found in Chapter 20.67 of the Newport Beach Municipal Code and prepare a Sign Design Guidelines Manual. The committee conducted six meetings to review and discuss sign related issues and voted to forward a new ordinance to replace Chapter 20.67and Sign Design Guidelines Manual to the Planning Commission and City Council for adoption; and WHEREAS, on May 5, June 9, and July 7, 2005, the Planning Commission of the City of Newport Beach held public hearings on the new sign code ordinance and Sign Design Guidelines Manual and recommended approval of a new sign code ordinance and Sign Design Guidelines Manual to be presented to the City Council; and WHEREAS, on August 23, 2005 and September 13, 2005, the City Council of the City of Newport Beach held public hearings regarding the proposed new sign code ordinance and Signs Design Guidelines Manual; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is not subject to CEQA as the activity is not a project as defined in Section 15061 (b) (3) (CEQA Guidelines); and WHEREAS, pursuant to the Policy Manual of the City Council of the City of Newport Beach, in Policy K -3 (Implementation Procedures for the California Environmental Quality Act) Section (D) (2) (c), the proposed ordinance is in compliance with City Council policy; and WHEREAS, the City Council finds that the proposed ordinance complies with the City of Newport Beach General Plan and Land Use Plan Policy F which calls for the City to develop and maintain suitable and adequate standards for sign control; and WHEREAS, the proposed ordinance serves to enhance the City's regulations with respect to the design, location, materials, construction and maintenance of signs within the City and provides improved procedures for the processing of signage applications; and WHEREAS, the proposed ordinance will better implement the City's design and safety standards set forth in the City of Newport Beach General Plan, Land Use Policy F and Municipal Code and will maintain and enhance the City's aesthetic appearance; and WHEREAS, the proposed ordinance maintains and strengthens the regulation of signage in the City and will help to protect the public from distracted drivers, limit the confusion and improve the public image of the City; and WHEREAS, the City Council hereby finds that certain types of sign structures such as A -frame signs, pole signs, animated signs, commercial mascots, and inflatable signs are detrimental to the aesthetics of the community and that limitations on their proliferation and eventual elimination not only serve to reduce visual clutter but also reduce driver distraction; and WHEREAS, the City's regulation of off -site signs is consistent with the legislative intent expressed by the California Legislature in enacting the Outdoor Advertising Act (Business & Professions Code sections 5200 et seq.), which specifically provides in Section 5230 that the "Governing body of any city may enact ordinances including, but not limited to, land use or zoning ordinances, imposing restrictions on advertising displays adjacent to any street, road or highway equal to or greater than those imposed by" the Act; and WHEREAS, the City Council finds that this ordinance is authorized by the City Charter, the City's police powers and State law. NOW THEREFORE, in consideration of the findings made in SECTION 1, the City Council and the City of Newport Beach does ORDAIN as follows: SECTION 2: Chapter 20.67 of Title 20 of the Newport Beach Municipal Code is hereby repealed in its entirety. SECTION 3: Title 20 of the Newport Beach Municipal Code is hereby amended to add a new Chapter 20.67 which shall read as follows: Chapter 20.67 20.67.010 — Purpose ........................................................................ ..............................5 20.67.020 — Effect of Chapter .......................................................... ..............................6 20.67.030 — General Provisions ...................................................... ..............................7 20.67.040 — Definitions .................................................................... ..............................9 20.67.050 — Prohibited Signs ......................................................... .............................17 20.67.060 — Provisions Applying to All Sign Types ..................... .............................18 20.67.070 — Standards for Permanent Signs ................................ .............................20 20.67.080 — Standards for Specific Types of Permanent Signs .. .............................29 20.67.090 — Standards for Temporary Signs ................................ .............................41 20.67.100 — Procedures for Sign Approval, Exemptions, and Revocations ...........46 20.67.110 — Modification Permit .................................................... .............................50 20.67.120 — Comprehensive Sign Program .................................. .............................50 20.67.130 — Innovative Sign Program ............................................ .............................52 20.67.140 — Nonconforming Signs ................................................ .............................54 0 r 20.67.150 — Abandoned Signs ........... ............................... 20.67.160 — Illegal Signs ..................... ............................... 20.67.170 — Maintenance Requirements .......................... 20.67.180 — Heritage Signs ................. ............................... Sections: 20.67.010 — Purpose 20.67.020 — Effect of Chapter 20.67.030 — General Provisions 20.67.040 — Definitions 20.67.050 — Prohibited Signs 20.67.060 — Provisions Applying to All Sign Types 20.67.070 — Standards for Permanent Signs ............................55 ............................ 56 ... ............................... 57 20.67.080 — Standards for Specific Tvpes of Permanent Signs ................58 20.67.090 — Standards for Temporary Signs 20.67.100 — Procedures for Siqn Approval. Exemptions, and Revocations 20.67.110 — Modification Permit 20.67.120 — Comprehensive Sign Program 20.67.130 — Innovative Sign Program 20.67.140 — Nonconforming Signs 20.67.150 — Abandoned Signs 20.67.160 — Illegal Signs 20.67.170 — Maintenance Requirements 20.67.180 — Heritage Signs 20.67.010 — Purpose The City of Newport Beach is a unique community located in an extraordinary environmental setting. Because of the need to protect and enhance the City's unique character and aesthetic standards, to protect public safety and property values, and to promote tourism through enhanced aesthetic appeal, the City Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this Chapter is as follows: A. Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed. Ili B. Preserve and enhance the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. C. Encourage signs that are well designed and that attract and invite rather than demand the public's attention. D. Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content - neutral approach to sign regulation. F. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors. G. Provide a review and approval process for signs to ensure compliance with the requirements of this Chapter. 20.67.020 — Effect of Chapter A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City of Newport Beach and over which the City has zoning authority. Regulations for signs on public property are codified in Chapter 13.xx.xxx (Public Rights of Way) of the County code. B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning districts that come within the regulatory scope as defined in Paragraph A, above, unless specifically exempted. In addition, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties, and a method of enforcement shall also apply. Applications for sign permits that comply with the requirements of this Chapter, and other applicable laws, shall be approved. Sign Permits shall be required in compliance with Section 20.67.100 (Procedures for Sign Approval, Exceptions, and Revocations). Where approval of a use permit, variance, Modification Permit, site plan review, or design approval has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter. C. Sign Permit required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. In addition, signs that require a Sign Permit shall be subject to approval by the Planning Director, Zoning Administrator, or Planning Commission in conjunction with their sign approval authority. Only signs that comply with the provisions of this Chapter shall be approved. Additionally, the sign design guidelines that have been adopted by the City Council shall be applied to guide the Planning Director, Zoning Administrator, and /or Planning Commission in administering this Chapter. Content of a noncommercial message shall not be considered when any required sign permit I application is reviewed. Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on -site sign. Refer to Section 20.67.100 (Procedures of Sign Approval, Exceptions, and Revocations) for Sign Permit requirements. D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 20.67.140 (Nonconforming Signs). E. Planned Community Districts. In Planned Community (PC) Districts, sign regulations contained in the planned community development plan shall supersede the requirements of this Chapter. If the planned community development plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail. Service station signs in Planned Community Districts shall be subject to the provisions of Section 20.67.080.(k)(2) (Service station signs) unless more restrictive sign regulations are contained in the planned community development plan. F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights Specific Plan area are subject to the provisions set forth in the Specific Plan document. The regulations contained in the Santa Ana Heights Specific Plan shall supersede the requirements of this Chapter. 20.67.030 — General Provisions The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages and viewpoint neutral as to commercial messages. B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. D. Rules for non - communicative aspects of signs. Rules and regulations concerning the non - communicative aspects of signs, (e.g., type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or approval process. E. Multiple use zones. In a zone where both residential and non - residential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and non - residential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a Conditional Use Permit or similar discretionary process. F. Billboard policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code section 5412. G. Property owners' consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, 'owner' means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property. H. Legal nature of signage rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign - related provisions in private leases, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures. IZ Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed for specific developments and Planned Communities, as well as special sign districts or special sign overlay zones, when approved by the Zoning Administrator and /or Planning Commission may modify the rules provided in this Chapter as to sign size, height, illumination, spacing, orientation, or other noncommunicative aspects of signs, but may not override or modify any of the General Provisions in this section. All of the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. 20.67.040 — Definitions For purposes of this Chapter, the following definitions shall apply: A -Frame Sign. A freestanding portable sign typically constructed of wood, metal, or plastic. Such signs are usually small and are removed at the close of business. 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. Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has ceased or is located upon a structure that has been abandoned by its owner, for more than 90 days. Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner or product available upon the site; or that identifies or advertises an event or activity that has occurred. Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind- actuated and other elements such as balloons, bunting, pennants, streamers, whirligigs, or other similar devices. Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. Back -lit Awning. An internally illuminated, fixed, space -frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Banner Sign. A sign made of fabric or any nonrigid material with no enclosing framework. Billboard. A permanent structure used for the display of offsite commercial messages. Building Frontage. The building elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway. 0 Building Frontage, Primary. The building frontage that is designated by an applicant as the "primary frontage" for the purpose of determining the applicable sign standards and that does not face a residential district. Building Frontage, Secondary. The building frontage that is designated by an applicant for a Sign Permit as a "secondary frontage" for the purpose of determining the applicable sign standards, and that does not immediately face a residential zoning district. Building Sign. A sign attached to or painted on a building. Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material. Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped ( "pan face ") and are attached to a metal frame (cabinet). Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or fabric materials extending from the main entrance of a building. Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip- disks, incandescent lamps, fluorescent lamps, fiber optics, light- emitting diodes, liquid crystal displays, plasma - displays, field emission displays, or any other mechanical or light- emitting matrix to convey changing copy or images. Also considered an animated sign. Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards, and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. Commercial Message. A message displayed on a sign that relates primarily to economic interests such as the exchange of goods or services. This definition shall automatically incorporate court rulings defining the term "commercial speech." Construction Project Sign. A temporary sign displayed on the site of a construction project during the period of construction that provides information about the project, which may contain the names of architects, landscape architects, engineers, and contractors working on the project, future tenants, finance institutions, real estate representatives, and similar persons /organizations involved in the project begins with the issuance of a building permit, or its functional equivalent, and ends with the 14 issuance of the earliest of the following: a certificate of completion, a certificate of occupancy, a final inspection sign -off, or the functional equivalent of any of them. Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Department. The Planning Department of the City of Newport Beach. Directional Sign. An on- premise sign giving directions, instructions, or facility information of an establishment but no advertising copy, e,g., parking or exit and entrance signs. Directory Sign. A sign listing the tenants or occupants of a building or building complex. Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. Double -Faced Sign. A sign designed with the intent of providing copy on both sides Double -Faced Sign Electrical Raceway. A utilitarian metal channel used for the electrical components of an illuminated sign; and not designed as an architectural feature. Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, "establishment" includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home -based occupations or hobbies. Externally Illuminated Sign. A sign illuminated from an exterior light source. Facade. The entire building elevation, including the parapet. Face of Sign. The area of a sign on which the copy is placed. Facia. Typically, the smooth wall surface between a window and the parapet. 15 Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration. Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground- mounted signs (monument signs). SIGN AREA Freestanding Monument Freestanding Pylon Sign Rinn Frontage, Street. The length of the property line of a parcel along a right -of -way on which it borders. Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station. Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet occupied the building or opened its establishment. Illegal Sign. A sign that does not meet the requirements of this chapter and that is not a legal nonconforming sign. Illuminated Sign. A sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area. Innovative Sign. A sign that incorporates design elements, objects, shapes, materials or techniques that may cause the sign to not conform to certain dimensional or placement requirements of this Code, approval of which is subject to meeting the objective criteria described in Section 20.67.130 (Innovative Sign Program), below. Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet. 1(49 Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business or presence of parking. Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only. Inflated Display Sign. A three - dimensional object filled or activated by moving or non- moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium devices commonly used for children's parties. Logo. A sign consisting of a trademark or symbol used to identify a business. Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically - charged gas - filled tubing, such as neon and argon signs, or by fiber optics. Monument Sign. A freestanding sign supported by a solid architectural element at its base. Multiple Family Structure. A residential structure containing 3 or more living units. Mural. An artistic image or design painted or affixed to the exterior surface of a structure that does not contain a commercial or noncommercial text or message. Nameplate. A sign indicating the name and /or address of a building or occupant. Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform to the current standards of this chapter or is now prohibited. Signs that do not conform with the current standards of this chapter or are now prohibited but were erected pursuant to an approved variance, Modification Permit, Conditional Use Permit and /or the Comprehensive Sign Program do not fall within the definition of nonconforming signs. Noncommercial Message. A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term "noncommercial speech." Off -site Message. A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off - site /on -site distinction applies only to commercial messages. On -site Message. A message on a sign advertising the business, accommodations, services, or activities provided on the premises on which the sign is located. The off - site /on -site distinction applies only to commercial messages. Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall, including fences. Parapet. The extension of a false front or wall above a roofline. 13 Pedestrian Sign. A sign designed to be viewed at a pedestrian level Permanent Sign. A sign designed with durable materials and intended to be used in excess of 60 days per calendar year. Planning Director. For purposes of this Section only, the Director of the City's Planning Department, or the Directors designee. Pole Sign. A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Projector Sign. A sign that is projected onto a surface using an intense source of illumination to project the image. Projecting Sign. A sign that projects from and is supported by a wall of a building. Projection. The distance by which a sign extends from the building it is supported by. Max. SIGN' � Sign Projection Promotional Temporary Banner. A temporary sign or banner displayed by an establishment to advertise events such as sales, seasonal events, liquidation sales, and going out of business sales. Public Service Sign. Signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags. Pylon Sign. A sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least 6 16 inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support. Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy, such as hotel or motel accommodations. Residential Name or Identification Sign. A sign identifying the name or address of a residence and /or its occupants. Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant, visible from the public right of way. Rider. A small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections. Roof Sign. A sign erected upon or above a roof of a building. Sign. Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right -of- way or parking area. The following are not within the definition of "sign" for regulatory purposes of this Chapter: a. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet from the window, provided the building or enclosed structure is otherwise legal; b. Architectural features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts); c. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices; d. Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale; e. Fireworks and other lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter. tR f. Newsracks or newsstands. g. Legally required information, such as public notices, registration or licensing information. etc. h. Murals. Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign. Service Station. An establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public. Super Graphic. Images, graphic elements, and logos, including required corporate logos, that are affixed to or painted on a structure, that may not be the textual portion of a sign. Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time. Tenant Frontage. That portion of a multi- tenant building facade that is devoted to a single tenant. Valance. The part of an awning that hangs vertically down from the shed (sloped) portion of an awning. Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs: a. License plates. b. License plate frames. c. Registration insignia. d. Noncommercial messages painted on or otherwise attached in a manner such that the vehicle can be legally operated on public rights -of -way, or any noncommercial message that does not exceed a total of three square feet in size. e. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner such that the vehicle can be operated on public rights -of -way. f. Commercial messages that do not exceed a total of three square feet in size. ZO g. Commercial messages on duly licensed mass transit vehicles that pass through the City. Wall Sign. A sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Window Sign. A sign that is applied or attached to a window or located within 5 feet of the inside of a window in manner that it can be seen from the exterior of the structure. 20.67.050 — Prohibited Signs The following signs and sign types shall be prohibited throughout all zoning districts of the City. A. Painted signs. Painted signs on fences or roofs except addresses. B. Hazardous location. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous. C. Signs with off -site commercial messages. Signs shall not advertise a business, accommodation, service or activity not provided on the premises on which the sign is located. The off - site /on -site distinction shall only apply to commercial messages. D. Beams of light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal. E. Luminous tube lighting (e.g., neon, rope lighting). Luminous tube lighting shall not be used to outline or frame doors and /or windows. F. Prohibited sign types: 1. A -frame signs. 2. Animated signs. 3. Changeable copy signs, except as a component of another type sign allowed through the Comprehensive Sign Program. 4. Commercial mascots. 5. Inflated display signs. 6. Pole signs. V 7. Roof signs, unless a variance is granted. 8. Vehicle signs, subject to the definition of Vehicle Signs in 20.67.040 (Definitions), above. 20.67.060 — Provisions Applying to All Sign Types A. Compliance required. No person shall erect, re- erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Zoning Code. B. Uncertainty of Chapter provisions. The Planning Commission shall have the authority to interpret the provisions of this Chapter at the request of the Planning Director, or when an appeal for a decision of the Planning Director is filed with the Planning Commission in compliance with Section 20.95 of this Chapter. C. Sign construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign. D. Sign area computation. 1. The allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a "primary" or "secondary' building/tenant frontage (as defined in this Chapter) and then referring to the tables in Section 20.67.070 (Standards for Permanent Signs). The allowed sign area for a freestanding sign is determined by the number of linear feet of the street frontage where the sign is to be placed in compliance with the tables in Section 20.67.070. 2. The entire area contained within the frame, cabinet, fixture, or design, including all ornamentation, super graphics, or other decoration used to attract attention that can be enclosed in no more than 4 lines drawn at right angles shall be included in the measurement of sign area. In the case of "skeleton" or "cut -out" letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, logos, or symbols within a single continuous perimeter with no more than 4 lines drawn at right angles (square or rectangle). ZZ 11? p4W si - -- �ll U11)II I t I EMBLEM 1 OR [C I DECAL i YAM 4— I I t i U I ODD SHAPE t 2 i � WIDT14 I MET 1 1711i CRC Y- IDTH !` �C O ODD SHAPE w S SIGN AREA- WIDTH X HEIGHT Sign Area 11 3. Only one face of a double -faced sign shall be counted in computing the permitted area of the sign. Double -faced (back -to -back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed 2 feet at any point. If the sign is multi - faced, then each face shall be counted in computing the permitted area of the sign. 4. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area. 5. Where a sign consists of one or more three - dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. Signs may not contain three - dimensional objects that exceed a projection of 6 inches from the sign face, unless such signs are allowed as part of an approved Innovative Sign Program. F. Sign height measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. G. Maximum letter /logo height. The maximum height of any letter, text, logo, or symbol shall be 36 inches. H. Sign removal or replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building. I. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and /or a registered trademark or logo. 3. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign including signs that face Newport Bay. 4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. 5. Reflective -type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right -of -way or adjacent property. 6. Light sources shall utilize energy - efficient fixtures to the greatest extent possible. 7. Each illuminated sign shall be subject to a 30 -day review period, during which time the Planning Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Planning Director may order the dimming of any illumination found to be excessively bright. The Director's determination will be made without regard to the message content of the sign. 20.67.070 — Standards for Permanent Signs Table 20.10 provides regulations for permanent signs in residential, nonresidential, institutional, and open space zoning districts. References in the last column provide a%4 additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. THIS SPACE BLANK. 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Awning signs. 1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel — shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning. 2. Only permanent signs that are an integral part of the awning shall be allowed. Temporary signs shall not be placed on awnings. 3. Awning signs shall be allowed for first and second story commercial occupancies only. 4. Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The upper most part of an awning shall not be located more than 2 feet above a window or door. 5. Awnings shall not be lighted from under the awning (back -lit awning) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed. 6. A minimum of 8 feet of clearance shall be provided between the lowest part of an awning and the grade below. ao E 3 E 'c Required Clearance Below Awning �3 B. Changeable copy signs. A sign that contains a changeable copy element may be permitted through the approval of a Comprehensive Sign Program in compliance with Section 20.67.120 (Comprehensive Sign Program) provided the changeable copy element is a component of another sign type permitted under the provisions of this Chapter. Approval shall not be based on message content. C. Freestanding signs. Freestanding signs include ground- mounted signs (monument) and pylon signs, which may either have a solid base or a base comprised of two legs. If legs are provided, the proportional dimensions of the sign shall comply with the requirements of subsection 3.c., below. Freestanding signs shall be allowed only for parcels with at least 50 feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of 40 feet. 3. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below: a. Pylon sign: Maximum height = 20 feet b. Monument sign: Maximum average height = 6 feet; Maximum overall height = 8 feet, including decorative elements and architectural features c. Proportional dimensions shall be as follows: THIS SPACE BLANK. 34 1) Maximum W = 30% x H Maximum LH = 33% x H Maximum O = 50% x W Minimum LW = 25% x W Pylon Sinn 2) Monument Sign H= height inclusive of the base W= width exclusive of the base Maximum W= 1.5 x average H max. avg. helgh7 max. 6' height 8' tad 9,a� W 0% of N H = helghl SIGN W -r AREA LW =kg xidtll LH -leg hN,hl O =open., height O. s0 20' %ofW 4 LH -33% of N 44 LW -25 %0l W I max. W= 7.5 x average height max. LREA avg. heig6' E H Including base W = width - - - - -- -- - -- max. height SIGN AREA Max. 6' avg. height 6' BASE FA 3. Freestanding signs shall be set back a minimum of 5 feet from a street or interior property line and a minimum of 10 feet from the edge of a driveway. 4. To ensure the readability of freestanding signs, the minimum letter size allowed shall be 12 inches. Sign copy shall not be located closer than one half -letter height to the sign edge or other line of copy. 5. There shall be a minimum of 50 feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. 6. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property. 7. Freestanding signs shall not block visibility for motorists at intersections or driveways. 8. Freestanding signs shall not project over any building, or over any on -site driveway or vehicle circulation area. 9. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 10. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. The Planning Director may waive or modify this requirement on a case -by -case basis to take into account existing conditions. 11. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowed sign area. 0 Ground Sign with Appropriate Address D. Luminous tube signs. The use of luminous tubes for signs shall be allowed in commercial zoning districts only subject to the following requirements. 1. Luminous tube signs shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the sign. 2. The manufacturer shall be registered with Underwriters Laboratories. 3. Tubing shall not exceed one half inch in diameter. 4. Luminous tube lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line. 5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials. 6. Luminous tube lighting that surrounds a window, door, or similar element is not allowed. E. Pedestrian - oriented signs. 1. Signs may be placed perpendicular to the building fagade (projecting) or mounted flat against the wall near the building entrance. 2. Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign. 3. Double -faced projecting signs shall be considered a single -face sign for the purpose of calculating sign area. d� F. Projecting signs. Signs shall not project more than 5 feet over public property and shall not project to within 2 feet of the curb line. The distance any sign may project over public property or beyond a required setback line is governed by the following table: Distance Above Sidewalk or Grade Immediately 8' -10' >10' -12' >12' and up Below — 4' Sign. 3' Maximum Projection Over to, Property Line or 3' 4' 5' Building Line. Projecting Sign Line 'A. 'At street comers, signs may extend to Line W at an angle of 450 Maximum Sign Projection K01 5' — 4' 3' �r to, ff II� a` Maximum Sign Projection K01 2. The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows: Projection 1 5' 4' 3' 2' Maximum Thickness 2' 2' -8" 3' -4" 4' 3. Maximum sign area shall be 20 square feet for a primary frontage and 10 square feet for a secondary frontage. 4. Projecting signs shall provide a minimum vertical clearance of 8 feet above the surface over which they project. 5. Projecting signs shall not project into an alley or parking area more than 3 feet and shall not be less than 14 feet above the surface where vehicles are allowed. 6. Internally illuminated projecting signs shall have opaque face panels so that only the letters, number, symbols, or logos appear illuminated. 7. Projecting signs shall not be closer than 10 feet to another projecting sign or to a freestanding sign or 5 feet from an interior property line or line dividing 2 separate business frontages. 8. Projecting signs shall not project above an apparent eave or parapet, including the eave of a mansard or simulated mansard roof or above the bottom of a third -story window. G. Projector sign. 1. A projector sign shall project only upon the property occupied by the associated use or the public right -of -way within 10 feet of the building occupied by the use. 2. The sign area of the projector sign shall be included within the overall allowed sign area for the use. 3. Illumination from the projector mechanism shall not pose a hazard for pedestrians or motorists and shall be screened from view to the maximum extent feasible. H. Signs on architectural projections. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature (e.g., canopy) located not more than 15 feet above street level. 3� 1. Signs may be erected on top of an architectural projection provided the sign is comprised of three - dimensional letters only that do not exceed 18 inches in height. No internal illumination is allowed. 2. Signs may be attached to the face of an architectural projection provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of 18 inches. No internal illumination is allowed. 3. The maximum sign area for signs mounted on architectural projections shall be included with other permitted signs identified in Table 20.10 (Standards for Permanent Signs). 4. Signs may be placed below and may be supported by an architectural projection provided the sign shall not exceed 4 feet in length and 16 inches in height. Internally illuminated signs are not allowed. Signs shall not be less than 8 feet above the sidewalk and shall be placed perpendicular to the face of the building. I. Wall signs. 1. Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Appropriate Wall Sign Location qO Not Allowed 2. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. Required Separation of Wall Signs 3. Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Subsection 20.67.100.1 (Illuminated Signs). 4. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. 5. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. Y 6. Signs shall be located within the middle 50 percent of the building or tenant frontage measured from lease line to lease line. The Planning Director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement. Appropriate Wall Sign Location 7. Signs attached to the sloping face of hipped /sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Modification Permit. J. Window signs, permanent and temporary. 1. Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls. 2. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. 3. Signs shall be permanently painted or mounted on the inside of windows and doors except for allowed temporary signs. 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. 7Z K. Miscellaneous signs. 1. Business directory signs. Multi- tenant buildings are allowed tenant directory signs with a maximum area of 8 square feet each. No illumination is allowed. 2. Service station signs. The following regulations shall be applicable to service stations, in addition to all other provisions of this Chapter. a. General. (1) Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. (2) Instructional and warning signs and signs required or authorized by state or federal law shall be exempt from the provisions of this section. b. Ground signs. (1) Number. One per site. (2) Area. Not to exceed 20 square feet; 36 square feet when combined with a fuel price sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. Ground signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. THIS SPACE BLANK. 43 c. Fuel price signs. (1) Number. One per street frontage. (2) Area. Twelve square feet per sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. (a) Separate fuel price signs shall only be permitted in lieu of the 36- square foot combined ground sign /fuel price sign permitted in this Subsection. (b) Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this section. (c) Fuel price signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. d. Wall signs. (1) Number. One per building frontage. (2) Area. The area of a wall sign shall not exceed 1 square foot for each lineal foot of building frontage. (3) Length. The length of a wall sign may be up to 50 percent of the building frontage, not to exceed 30 feet. e. Canopy signs. (1) Type. Signs on service station canopies shall be limited to logos only. (2) Number. One canopy sign per street frontage. (3) Area. The area of a canopy sign shall not exceed 6 square feet. (4) Additional Regulations. Canopy signs shall not extend beyond the gable or fascia board of the canopy. f. Service island signs. One sign, not exceeding 4 square feet, shall be permitted on or in front of each end of a service island to identify methods of sale (i.e., self -serve or full- serve). 4I g. Window signs. (1) Number. One per window. (2) Area. No permanent window sign shall cover more than 20 percent of the visible window area. (3) Materials. Permanent window signs shall be applied directly to the window surface. h. Temporary signs. Refer to Section 20.67.090 (Standards for Temporary Signs) 20.67.090 — Standards for Temporary Signs A. Number, size, and duration allowed. Table 20.20 provides standards under which temporary signs are allowed. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than 20 percent of any window. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the table and regulations provided for general or specific sign types, the general regulations or regulations for specific sign types shall take precedence. TABLE 20 -20 TEMPORARY SIGNS Sign Type Maximum Number Maximum Area Maximum Height Duration Additional Requirements 75 sq. ft. for 1 sign per banner, 3 10 ft. or Up to 4 Promotional site, sq. ft. for bottom of times per Subject to all temporary including sign. lowest year , not to , requirements banners. window Window second floor exceed 60 of this Section. signs. signs, 20% window. days total of any per year. window area. 45 TABLE 20 -20 TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Requirements Allowed only Establishme One sign per Same as for Same as for 60 days per while nt identification building permanent permanent calendar permanent frontage. signs. signs. year. signs are being obtained. Displayed after issuance of building permit or Only on the Construction equivalent; property where project 1 sign per 32 sq. ft. per n o n residenti shall be construction is signs. street sign in non- al. removed taking place frontage, 2 residential. 4 ft. in after and shall not Nonresidenti signs 6 sq. ft. in residential earliest of obstruct al and maximum residential certificate of visibility at Residential completion, intersections. certificate of occupancy, or final building inspection. Mounted only on portable easel -type During structures; only Restaurant 1 per 4 sq. ft. per 5 ft hours on property of menu signs restaurant sign. ' establishme the nt is open. establishment within 10 ft of the primary entrance. q(a TABLE 20 -20 TEMPORARY SIGNS Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Requirements Real estate signs for residential Allowed in compliance with Subsection 20.67.090.H (Real estate and signs), below nonresidenti Temporary Sign Permit not required. al properties Search lights, Klieg Allowed in conjunction with Special Event Permit. lights Shall be placed only on the property where the sale is being Yard sale 1 sign per 2 days held. Allowed in sign street 3 sq. ft 4 ft. within a 30- compliance frontage day period. with Subsection 20.67.100.6 (Exemptions to Sign Permit requirement), below. D. Placement of temporary signs. 1. Signs are allowed on private property only and shall not be placed in public rights -of -way or at off -site locations. 2. Signs may be placed only on building frontages in locations where permanent signs are allowed. 3. Sign shall not be attached to temporary structures, except restaurant menu signs, which may be attached to easel -like structures. 4-1 E. Illumination prohibited. Signs shall not be illuminated. F. Durable materials required. Signs shall be constructed of durable material suitable to their location and purpose. G. Removal of signs. Temporary signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. H. Real estate signs. 1. Residential Districts. a. Real estate signs are permitted, on a temporary basis, in residential zoning districts, subject to the criteria provided in this Subsection. (1) In the R -A, R -1, R -1.5, R -2, MFR and PRD Districts, as well as PC Districts that 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 (e) and (f) below; (i) The sign shall not exceed 216 square inches (1.5 square feet); (ii) The sign may have one rider not to exceed 94 square inches; (iii)The sign may include one brochure box not to exceed 154 square inches. For purposes of this section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent, or exchange; (iv)The overall height of the installed sign, rider, and brochure box shall not exceed 4 feet above ground unless the sign is mounted flush to a wall; (b) The sign shall be placed on the parcel for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; (c) No flags, pennants, balloons, or other attention - attracting devices shall be displayed; we (d) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; (e) One additional real estate sign may 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 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 that 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 4 feet above ground unless the sign is installed on a vehicle as provided in the paragraph above; or other conditions exist that require the sign to exceed 4 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; (f) In addition to the real estate sign permitted in Subsection (e), above, 3 off -site 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 real estate sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; (ii) The overall height shall not exceed 4 feet above ground; (iii) The sign shall not be installed before 8:00 a.m. and shall 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 creates a hazard to traffic or pedestrians. The sign shall not be attached to any public property. b. All Residential Districts. Residential properties shall be permitted one real estate sign not exceeding 20 square feet in area that qq advertises 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 temporary real estate sign not exceeding 20 square feet in area that advertises the sale, rental or lease of the premises upon which the sign is located. Permanent installations of real estate signs shall be subject to the sign standards for permanent signs in this Chapter for commercial, office, and industrial zones. 20.67.100 — Procedures for Sign Approval, Exemptions, and Revocations A. Sign Permits. 1. Sign Permit Required (Including Temporary Signs). a. To ensure compliance with the regulations contained in this Chapter, a Sign Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with Subsection B, below. Sign Permits are also required for signs approved through a Comprehensive Sign Program as provided in Section 20.67.120. An application for a Sign Permit shall be made in writing on standard official forms furnished by the Planning Department. 2. Approving authority. Sign Permits, including those for temporary signs shall be issued under the direction of the Planning Director when they comply with the provisions of this Chapter. The Planning Director shall review all Sign Permit applications for conformance with the provisions of this Chapter. a. For signs that comply with the provisions of this Chapter and do not require discretionary review: (1) The Planning Director shall issue or deny the permit to the applicant within 90 days from the receipt of a complete application and the applicable fees. (2) Failure of the Planning Director to approve or deny the permit within the 90 days shall result in the permit being granted. (3) If the application is denied, the Planning Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent first class United States mail to the address provided on the 90 license application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Planning Director, by United States certified mail, return receipt requested. (4) In the event an application is denied, the applicant may appeal the Planning Director's decision in compliance with the provisions of Section 20.95 of this Chapter. b. Annual Approval of Promotional Temporary Sign Permit. The Planning Director shall approve a Temporary Sign Permit for a temporary promotional banner on an annual basis that allows the applicant to tailor the duration and the number of days allowed under the permit to meet the particular needs of the establishment as long as the total number of days that the sign is allowed does not exceed 60 days per calendar year. B. Exemptions to Sign Permit requirement. Sign Permits shall not be required for the signs exempted in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempted signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and may be removed in compliance with Section 20.67.160 (Illegal Signs). An exempt sign may still require a Building Permit, subject to the provisions of Chapter 15.16. 1. On -site, non - illuminated signs. The following on -site, non - illuminated signs shall not require issuance of a Sign Permit: a. Accessory signs. Small window signs indicating hours of operation or that an establishment is "Open" or "Closed" for business, limited to a maximum of 2 square feet in area for all accessory signs. No more than three signs per establishment frontage. Accessory window signs shall not be included in permanent window sign area calculations, except if illuminated. b. Building markers. Commemorative plaques, tables, date of construction, and similar signs when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed 2 square feet in area. c. Bulletin boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over 12 square feet in area. 1.5a d. Construction project signs. Subject to the limits on size and display duration of 20.67.090 (Standards for Temporary Signs), Table 20 -20 (Temporary Signs). e. Change of copy. Changing the copy in changeable copy signs in existence as of the date of adoption of this Chapter, or approved through the Comprehensive Sign Program. f. Flags. Flags bearing noncommercial messages or graphic symbols, and flags bearing on -site commercial messages or graphic symbols, shall not require the issuance of a Sign Permit, subject to the following restrictions: (1) Flags bearing commercial messages shall not be displayed in residential zones. (2) A maximum of three flags may be displayed on any single parcel. However, only one flag bearing an on -site commercial message may be displayed on each parcel in nonresidential zones. (3) No single flag shall exceed 40 square feet in area. The aggregate area of all flags displayed on any single parcel shall not exceed 72 square feet. For purposes of determining flag size, only one side of the flag shall be counted as a display surface. g. Gasoline pump signs. Shall be consistent with Section 20.67.080 (K) (3) (Service Station Signs). h. Government signs. A sign erected by a federal, state, county, agency, or the City. i. Holiday window painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and /or decorations shall be removed within 10 days following the applicable holiday. j. Incidental signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, credit card information, emergency contact information, etc.) provided the signs do not exceed 4 square feet in area for all such signs. 5Z k. Official signs. Official and legal notices required by a court or governmental agency. I. Portable parking lot and valet parking signs. One freestanding portable sign at each parking lot entrance limited to 10 square (2'x5') feet in area. Sign shall not cause hazard to driver visibility or pedestrian movement. Subject to the approval of a valet parking plan. m. Public service signs. Signs of utilities or other publicly regulated service providers indicating danger, and aids to service or safety, including official advisory and signal flags. n. Real estate window listing. A real estate office may place its listing(s) in a front window provided the gross area occupied by the listing(s) do /does not cover more than 50 percent of the window. o. Residential signs. Up to 3 noncommercial signs, with a maximum total sign area of 6 square feet and a maximum height of 4 feet. p. Restaurant menu signs. Restaurant menu signs not exceeding 4 square feet. q. Site address. Limited to one per street frontage subject to the following standards: (1) The total aggregate sign area shall not exceed 72 square inches. Individual numbers and letters shall not exceed a height of 8 inches. (2) The sign shall be placed in an area adjacent to or near the primary entrance of the structure or property frontage and face the street curb in front of the structure. r. Temporary real estate signs. Real estate signs in compliance with Section 20.67.090 (H) (Real estate signs). s. Vehicle - oriented directional signs. Signs solely for the purpose of guiding traffic, parking, and loading on private property subject to approval by the Public Works Department. One safety or directional sign for each vehicle entry to a site with a maximum area of 3 square feet per sign. Maximum sign height shall be 4 feet. Additional signs may be allowed with approval of a Comprehensive Sign Program. t. Yard sale signs. Subject to the limits on size and display duration of 20.67.070 (C) on Table 20 -20 (Temporary Signs) 53 2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign, and therefore shall not require a Sign Permit, unless structural changes are made. C. Revocation of Sign Permit. The Planning Department may, in writing, suspend or revoke a Sign Permit issued under the provisions of this Chapter if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter. 20.67.110 — Modification Permit A. Applicability. The Zoning Administrator may grant a Modification Permit in compliance with the provisions of Section 20.93 (Modifications Permits) to allow deviations to the height, type, location, number, and area of signs. B. Required findings. In order to grant a Modification Permit, the Zoning Administrator shall find that the granting of a Modification Permit: 1. Is necessary due to practical difficulties associated with the property, and the strict application of the Zoning Code would result in physical hardships that are inconsistent with the purpose and intent of the Zoning Code, and 2. The result of the requested modification will be compatible with the existing development(s) in the area, and 3. The granting of the Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property, and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. C. Appeals. Actions of the Zoning Administrator may be appealed to the Planning Commission in compliance with the provisions of Chapter 20.95. (Appeals). 20.67.120 — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project's signs, including a project identification sign with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Chapter. Tq B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. 1. Whenever 3 or more separate tenant spaces are present on the same parcel; 2. Whenever 3 or more non - exempt signs are proposed for a single- tenant development; 3. Whenever signs are proposed to be located on or above the second story on a multi -story building. 4. Whenever a project or parcel has more than 300 linear feet of frontage on a public street. 5. Whenever an existing multi- tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 20 percent of the replacement cost of the building; or 6. Theater signage. A Comprehensive Sign Program for a theater or cinema use may authorize signs that deviate from the standards of this Chapter. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Chapter if the sign is generally consistent with the adopted sign design guidelines and the purposes of this Chapter. Approval shall not be based on message content. 7. Whenever the Planning Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.). 8. A Comprehensive Sign Program shall not be used to override the prohibition on new billboards set forth in Section 20.67.120 of this Chapter, above. C. Approval authority and limitation. The Zoning Administrator is the approving authority for a Sign Permit for a Comprehensive Sign Program. The Zoning Administrator shall not approve an increase in sign height by more than 20 percent above that allowed or an increase in sign area by more than 30 percent above that allowed. Increases above the limits provided above may be allowed with the approval of a Modification Permit. D. Application requirements. A Sign Permit application for a Comprehensive Sign Program shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. 55 E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines and the overall purpose and intent of this Section; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; 5. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter; and 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Revisions to Comprehensive Sign Programs. The Planning Director may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Comprehensive Sign Program by the Zoning Administrator. 20.67.130 — Innovative Sign Program A. Purpose. The purpose of the Innovative Sign Program is to: 1. Encourage signs that are unique in their design approach and use of materials; and 2. Provide a review process for the application of sign regulations to innovative signs. "5( B. Applicability. An applicant may request approval of .a Sign Permit under the Innovative Sign Program to authorize an on -site sign or signs that differ from the provisions of this Chapter but comply with the purpose of this Chapter and Section. C. Approval authority. A Sign Permit application for an Innovative Sign shall be subject to approval by the Planning Commission. D. Application requirements. A Sign Permit application for an Innovative Sign shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Design criteria. In approving an application for an Innovative Sign, the Planning Commission shall ensure that a proposed sign or signs meets the following design criteria: 1. Design elements. The sign shall contain at least one of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.); b. Creative image reflecting current or historic character of the City; c. Symbols or imagery relating to the beach, ocean recreation, fishing, maritime industry, and /or the related business; or d. Inventive representation of the use or name /logo of the business. 2. Architectural criteria. The sign shall: a. Utilize and /or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features /details of the facade. 3. Contextual criteria. The sign shall: a. Be in scale and proportion with the structure where it is placed; b. Be placed to respect and enhance the key architectural elements of the building; and c. Respect the scale and proportion of surrounding commercial structures and signs. 57 F. Limitation. Approval of an Innovative Sign Program shall not: 1. Authorize the use of signs prohibited by this Chapter; 2. Authorize any sign that is more than 20 percent larger than it could have been without the owner's participation in the Innovative Sign Program; or 3. Authorize any sign based on an evaluation of the message displayed. G. Revisions to Innovative Sign Programs. The Planning Director may approve revisions to an Innovative Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Innovative Sign Program by the Planning Commission. 20.67.140 — Nonconforming Signs A. Removal of certain types of nonconforming signs. The following nonconforming signs shall be removed or altered to be conforming within 15 years of the effective date of this section, unless an earlier removal is required by the provisions of subsection B, below. 1. Roof signs. 2. Pole signs. 3. Internally illuminated signs with a translucent face. 4. Signs with letters, text, logos, or symbols taller than permitted by this Chapter. 5. Signs that exceed 75 square feet in total sign area. B. Removal of nonconforming signs. Nonconforming signs shall be removed if: 1. The nonconforming sign is more than 50 percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction exceeds 50 percent of the replacement cost as determined by the Building Official. 2. The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this Chapter. 0 3. The nonconforming sign is located on a building that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is more than 50 percent of the building area shall be deemed to affect the nonconforming sign. 4. The nonconforming sign is temporary. C. Deactivation of flashing features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features. D. Continuance of nonconforming signs. Except as provided in 20.67.140 subsections A and B, a nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be: 1. Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed. 2. Structurally altered to prolong the life of the sign, except to meet safety requirements. 3. Expanded or altered in any manner that increases the degree of nonconformity. E. Repairing and repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign's customary maintenance and repair. F. Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name or names on the sign so long as there is no change in the structure or configuration of the sign. 20.67.150 — Abandoned Signs A. Removal of abandoned signs. An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. a 2. A sign frame or structure that has been abandoned shall be immediately removed by the owner or lessee of the premises upon which the sign frame or structure is located. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days; or that has not been removed within 30 days after the occurrence of the event or activity, shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Planning Director shall send a person responsible for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the person to respond within 30 days to the Abandoned Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 20.67.160 — Illegal Signs A. General prohibition. It is unlawful for any person to erect, place, post, construct, reconstruct, alter, maintain, or move or allow any person to erect, place, construct, reconstruct, alter, maintain, or move any sign that does not comply with the provisions of this Chapter. B. Strict liability. Violations of this chapter shall be treated as a strict liability offense regardless of intent. C. Illegal signs identified. The following signs are illegal and declared to be a public nuisance: 1. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of this Chapter that does not comply with any provision of this chapter. 2. A sign that was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved prior to the effective date of this Chapter that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved. 3. A nonconforming sign that is required to be removed or altered by Section 20.67.140 subsections A and B, which is not removed or altered in compliance with Section 20.67.140 subsections A and B. 4. Signs with flashing elements that are not deactivated. M 5. An abandoned nonconforming sign. 6. An abandoned sign. 20.67.170 — Maintenance Requirements A. Maintenance of signs required. All types of signs, together with their supports, braces, guys, and anchors shall be properly maintained at all times with respect to safety, appearance, and structural and electrical features. B. Proper Maintenance identified. Display surfaces shall be kept clean and neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. Signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Faded, cracked, or broken faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings that have signs shall be cleaned periodically and replaced if they become faded, tattered, or ripped. C. Administrative procedures applied to signs that are not maintained. Signs that are not properly maintained shall be subject to the following administrative procedures: 1. Notice of violation shall be sent by first class United States mail to last known address of sign owner and /or property owner, informing owner of time in which removal of sign or repair of condition shall be accomplished. 2. If the owner fails to remove sign or repair the condition, City shall send final notice by certified United States mail, return receipt requested, and by first class United States mail, notifying owner that failure to remove or repair the sign within 30 days shall result in the issuance of an Administrative Citation, in compliance with the provisions of Title 1 and Title 20 of the Municipal Code. 3. If the owner does not remove the signor repair the condition within the 30- day period, an Administrative Citation shall be issued at the end of the 30- day period. D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply: 1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Sections 1.04.020 and 10.50.020(1) of this Code. &I 2. Removal of hazardous signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The City is not required to give notice of intent to remove the sign prior to removal, but shall inform the owner that the hazardous sign has been removed within seven days of removal, by certified United States mail, return receipt requested and by first class United States mail. a. Signs removed in compliance with this Section shall be stored for 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered within the 30 -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The costs of removal and storage (up to 30 days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property. 3. Penalties. Hazardous signs shall also be subject to the administrative remedies of the Municipal Code, including Section 10.50.020 and Sections 1.04 and 1.05. 4. Recovery of costs. When the City is required to remove a hazardous sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and /or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. 20.67.180 — Heritage Signs A. Designation of heritage signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed in compliance with Section 20.67.140 (Nonconforming Signs) of this Chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in compliance with the standards established in this Section. B. Application and review authority. Application for heritage sign status may be submitted by the business owner, property owner, or City for review by the Planning Commission. The Planning Commission shall review all (PZ applications and approve or disapprove heritage sign status in compliance with this Section. C. Heritage sign criteria. The Planning Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal as a nonconforming sign and the sign meets both the following criteria: 1. Historically significant. A sign is historically significant if the sign was erected or created at least 35 years ago and is either representative of a significant sign- making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history. 2. Visually significant. The sign is visually significant in at least two of the following regards: a. The sign possess a uniqueness and charm because it has aged gracefully. b. The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way. c. The sign compliments its architectural surroundings or is particularly well integrated into the structure. d. The sign is an inventive representation of the use, name, or logo of the building or business. D. Procedure for designation of heritage signs. The Planning Director shall review each application for heritage sign status on a case -by -case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Planning Commission regarding their assessment and the application's merit regarding the designation. The Planning Commission shall review staff findings and recommendations at a noticed public hearing. The Planning Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Planning Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage sign. Staffs additional analyses and recommendations shall be available for public review and comment prior to the Planning Commission's subsequent meeting for review and action on a heritage sign. Upon due consideration of staffs findings and recommendations plus all public testimony and comment, the Planning Commission may approve or deny designation of heritage sign status. E. Alteration of heritage signs. Designated heritage signs may be not be physically altered except for routine cleaning and general maintenance. Cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign in all respects. A designated heritage sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. If the character or defining features of a designated heritage sign are altered, its designation as a heritage sign shall be revoked and the sign shall be removed. Where applicable, the sign may be modified to conform to the requirements of this Chapter. SECTION 4: Section 20.42.055 of Title 20 of the Newport Beach Municipal Code, Mariner's Mile Specific Plan, Sign Regulations, is hereby repealed. SECTION 5: The Balboa Sign Overlay regulations (adopted by Ordinance 2000- 22 on November 14, 2000) are hereby repealed. SECTION 6: Districting Maps 2, 3, 4, 8, 9, 10, 11 and 12 are hereby amended to delete all references to the Balboa Sign Overlay. SECTION 7: Section 20.42.055 (Signs) of Specific Plan #5, Mariner's Mile (adopted by Ordinance 2000 -20 on October 24, 2000) is hereby repealed. SECTION 8: Districting Maps 4, 5, 6, 21, and 23 are hereby amended to delete reference to Specific Plan #5, Mariner's Mile, Section 20.42.055 (Signs). SECTION 9: Section 10.50.020 of Title 10 of the Newport Beach Municipal Code is hereby amended to add subsection L to read as follows: V L. The existence of any abandoned, illegal, deteriorating and /or unsafe sign or other sign that does not comply with the provisions of Chapter 20.67 of Newport Beach Municipal Code. SECTION 10: 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 11: (A) In accordance with California Business and Professions Code Section 5491.1, the Planning Department of the City of Newport Beach shall identify and inventory all signs within the City's territorial limits that are determined to be illegal or abandoned under the terms of former Chapter 20.67 of Title 20 of the Newport Beach Municipal Code, repealed herein. (B) The inventory required by Section 10, Subsection (A) shall commence not less than 120 days after the adoption of Chapter 20.67 of Title 20 of the Newport Beach Municipal Code, adopted herein. The inventory shall be completed in a timely manner. Upon completion of the identification and inventory, the City Council shall consider, at a public hearing with opportunity for public comment, whether there is a continuing need for Chapter 20.67 of Title 20 of the Newport Beach Municipal Code. If the City Council finds at that hearing that there is a need for the provisions of Chapter 20.67 to continue in effect, it shall confirm at that hearing that there is a continuing need for Chapter 20.67 of Title 20 of the Newport Beach Municipal Code. (C) Until the City Council confirms, pursuant to Section 11, Subsection (B), that there is a continuing need for the provisions of New Chapter 20.67 of Title 20 of &5 the Newport Beach Municipal Code, the provisions of New Chapter 20.67 of Title 20 of the Newport Beach Municipal Code shall not apply to a change of copy, change of color, maintenance or repair made to a sign which conformed to former Chapter 20.67 of Title 20 of the Newport Beach Municipal Code, repealed herein, unless those changes, maintenance or repairs involve a change in location or structure of the sign. SECTION 12: 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 within fifteen (15) days of its passage, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 13: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on and adopted on the day of , by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT ME MAYOR �i ATTEST: _ CITY CLERK 0 CITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT NQ 1) 9 -13 -05 Agenda Item No. ii August 23, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic development; Planning Department George A. Berger, AICP; Program Manager (949) 644 -3207; gaberger @city.newport- beach.ca.us SUBJECT: Comprehensive Sign Code Update and Sign Design Guidelines Manual ISSUE: Update of Chapter 20.67 of the Municipal Code and adoption of Sign Design Guidelines. RECOMMENDATION: Hold Public Hearing to discuss the proposed Sign Code and Sign Design Guidelines; provide direction on sign amortization and a program of incentives, if any, for signs to be amortized by the adoption of the new Code; and continue the public hearing to the meeting of September 13, 2005. BACKGROUND: At its Study Session of August 9, 2005, the City Council reviewed the proposed Sign Code and Sign Design Guidelines recommended for approval by the Planning Commission, and moved the item to the public hearing agenda of August 23rd The staff report and supporting documentation produced for that meeting have been 'recycled' by the City Clerk for review by the Council prior to this public hearing. After discussion, policy direction and public input, staff recommends continuing this item. Staff will incorporate any additional code changes and City Council's policy directions into the Code and Ordinance to be submitted at the next meeting. Sign Code and Sign Design Guidelines August 23, 2005 Page 2 COUNCIL COMMENTS & QUESTIONS: At the meeting of August 9th, the Council raised the following main issues; requesting further information or clarification in the proposed Code's text or format: 1. Pylon Signs: • Issue – The Council noted that, while the current Sign Code allows for a freestanding sign to be a maximum of 25' tall, the proposed maximum of 20' may still be too tall in the areas where the Code is in effect. Council members expressed a sentiment that 15' might be a more appropriate height, and asked that some of the other "pylon" signs in the Mariner's Mile area be photographed and shown to the Council with their dimensions noted. • Response – Staff responds that the reference to 20' pylon signs was taken from the Mariner's Mile Design Framework and Strategic Vision as the appropriate maximum total height, but allows that 15' would not be inappropriate if the Council chooses to amend that standard. Staff will display photographs of a number of the other pylon signs in Mariner's Mile, and will provide their dimensions for review and discussion by the Council at the public hearing. (Pages 12, 20, 23, 25 -27.) 2. Flags: • Issue – The Council expressed the caution that flags — particularly corporate flags —might become a method whereby a business owner could attempt to bypass the restrictions on building or freestanding signage by installing one or more pole- mounted corporate logo flags at their establishment. The Council expressed interest in regulating the proper amount and type of flags that could be appropriate for the community. • Response – At the Study Session of August 9th, staff misspoke in suggesting that governmental flags were exempted within the proposed Code. The existing Sign Code creates an exception for government and official flags. However, for constitutional reasons, this exception was eliminated from the proposed Code. After further staff review of the proposed Sign Code, changes have been made that remove potential conflicts with federal case law. Flags have been removed from the definition of Animated Signs, and a new section has been added which allows non - commercial messages or symbols, regulates the size of individual flags and the aggregate area of all flags displayed. (Pages 6 and 43.) Staff further notes that flag pole heights are already regulated in Chapter 20. In Section 20.65.070 (Exceptions to Height Limits); flag poles shall be permitted in Z Sign Code and Sign Design Guidelines August 23, 2005 Page 3 the 24/28 and the 28/32 Foot Height Limitation Zones not to exceed a height of 35 feet. Flag poles shall be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to exceed a height of 50 feet. All other flag poles in excess of the height limits noted above may be permitted subject to the approval of the Planning Commission. 3. Amortization of signs made non - conforming by the new Code: • Issue – As noted in the August 9, 2005 staff report, the Planning Commission recommended that four types of signs (within the areas of the City subject to this Code) be amortized: 1) roof - mounted signs; 2) freestanding 'pole' signs; 3)'cabinet' (or 'can - type') signs with non - opaque backgrounds; and 4) signs with letters, text, logos, or symbols that are taller than permitted by the Code (larger than 36" tall).The Council expressed a concern that there are a number of signs with sign face area larger than the currently - proposed seventy -five (75) square feet; and, while these signs may be in conformance with the current regulations, they are far larger than necessary. The sentiment expressed is that these signs should be included in the sign types that will be amortized. • Response – Staff has no recommendation on this possible amendment to the proposed Code. Should Council choose to add this sign type to the list of amortized signs, the final draft Code will be amended to include necessary changes. (Page 48.) The City Attorney's office points out that, as the Council members discuss requiring smaller letters, shorter signs, etc., the California Business and Professions Code § 5499 should be kept in mind. It prohibits a city from enforcing removal of any sign based on size or height if a shorter or smaller sign would result in material impairment of the sign's visibility. A court interpreting this section has ruled that man -made obstructions to visibility were to be considered, as well as natural contours of the land. Issues arising of this nature would be addressed under the Modifications provisions, or Variance provisions. 4. Incentive Program for Amortized Signs: • Issue – Staff has asked the Council for direction toward establishing a program for incentivizing the removal of many of the signs made non - conforming with this Code. Response – As outlined by staff in its report for Council on August 9th, the Steering Committee recommended that, in addition to the 15 -year amortization program for all signs, financial incentives should be provided to encourage earlier removal of non - conforming signs — similar to those established by the Balboa Sign Code and Sign Design Guidelines August 23, 2005 Page 4 Sign Overlay. Those incentives —and a brief discussion of that program's lack of success —were outlined in the August 9th report. Should, however, the City Council determine to include financial incentives, staff recommends that, a more limited and simple program be established. Staff suggests that a specific financial incentive be provided for the early removal of a (qualifying) non - conforming sign and installation of a conforming sign. Incentives could be specific dollar amounts (perhaps declining over time) or the waiver of permit fees. Staffs initial recommendation is a one -time incentive of: 1) $1,000 for the removal of pole signs, roof signs, signs with letters larger than 36 ", and (if the Council amends the standards for this) signs larger than 75 s.f. in overall sign area; and 2) $500 for sign panel replacement to the correct opaque background type. These financial incentives could be in addition to a program of reduced (or eliminated) fees, and expedited permitting. Or, if the Council chooses to adopt a less expensive program, the permit fee waiver and process expediting could be the only incentives offered. 5. Abandoned signs: • Issue – The Council asked for clarification of the following question: When a use of a property has been abandoned, why does the City have to leave a sign structure in place on the property that housed the use ?" Response – The City Attorney's office responds that if a use ceases on a property, the property owner, or operator of the former use, is presumed to have abandoned that use. If a use is abandoned, the rights to display a sign face advertising that use is lost. However, the rule is different as to the sign structure that supported the sign face. Sign structures are usually fixtures to real property, and therefore a property owner has certain real property rights attached to a sign structure. The general rule is that if a fixture is taken from its owner, compensation is required. California (Cal. B &P Code) allows a city to require the removal, without compensation, of an "on- premise advertising display" (defined as advertising structures and signs when the use it is advertising has ceased, or the structure upon which it was located has been abandoned by its owner for a period of not less than 90 days. The proposed sign code reflects this provision of state law. (20.67.xxx– Abandoned Signs, B. Presumption that a sign is abandoned.) Under �l Sign Code and Sign Design Guidelines August 23, 2005 Page 5 20.67.xxx — Illegal Signs, abandoned signs are declared a nuisance, and can be abated under the nuisance procedures of the Municipal Code. (Page 49 -50) The difficulty which the City has encountered in the past is in proving abandonment of a sign structure by the owner of a retail property whose tenant's business has ended. Under current California case law, abandonment requires a property owners intent to abandon, as well as the tenant's intent if applicable. It can easily be shown that the tenant has abandoned the sign, but the property owner can (and frequently does) state that he or she does not intend to abandon the sign structure, and intends to use it again. The proposed sign code currently permits an abandoned conforming sign's structure or frame to remain in place after the sign face advertising the abandoned use is removed. (20.67.xxx— Abandoned Signs, (A) (2) Removal of abandoned signs) If the .City Council wishes to make the policy decision to require the removal of an abandoned sign's structural elements as well as its message, this portion of the Abandoned Signs section can be removed, and abandoned conforming sign structures can be addressed under the nuisance provisions. However, the City's ability to require removal of the sign structure will still be limited by the need to show that the sign structure has been clearly abandoned by both the tenant and the property owner. (Page 49.) The City Attorney's staff will discuss this issue with Council in more detail; when staff has received the City Council's policy direction on this issue, it will incorporate the appropriate procedural requirements of the Business and Professions Code into the Sign Code. (Page 49.) 6. Heritage Signs: • Issue — The Council noted that the provisions for Heritage Signs might be too stringent, and cited the proposed historical age requirement (at least 35 years old) and the visual significance criteria as potentially being too limiting. • Response — Staff believes the age criteria is appropriate, given that 35 (state) and 50 (national) years are standard guides for the designation of "historic" buildings, structures and other architectural decorative features. Staff also has concerns that if the visual significance criteria are reduced further, they will "open the door" to misuse of this program; from use as a tool for the preservation of the City's cultural and aesthetic resources to a method whereby many sign owners with signs of limited significance could be granted unlimited "protected" status. (Pages 52 -53.) P1 Prepared by: G� (,RG B RGER, P `t & ED Pf- OGRAM MANAGER Sign Code and Sign Design Guidelines August 23, 2005 Page 6 Submitted by: fLt,��, l SHARON Z. WOO ASSISTANT C! ANAGER Attachments: Exhibit A — Proposed Sign Code (Revised) Exhibit B — Proposed Sign Design Guidelines Exhibit C — Preliminary "Heritage" Sign List (Draft) Exhibit D — Planning Commission Minutes: May 5, June 9, and July 7, 2005, and Planning Commission Reso. No. 1672 L EXHIBIT A PROPOSED SIGN CODE (REVISED) City of Newport Beach Chapter 20.67 20.67.xxx — Purpose .................................................................................... ..............................2 20.67.xxx — Effect of Chapter ...................................................................... ..............................3 20.67.xxx — Definitions ................................................................................ ..............................6 20.67.xxx — Prohibited Signs ...................................................................... .............................14 20.67.xxx — Provisions Applying to All Sign Types ..................................... .............................1S 20.67.xxx — Standards for Permanent Signs .............................................. .............................18 20.67.xxx — Standards for Specific Types of Permanent Signs .................. .............................24 20.67.xxx — Standards for Temporary Signs .............................................. .............................36 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations .............................40 20.67.xxx — Modification Permit ................................................................. .............................44 20.67.xxx — Comprehensive Sign Program ................................................. .............................44 20.67.xxx — Innovative Sign Program ........................................................ .............................46 20.67.xxx — Nonconforming Signs .............................................................. .............................47 20.67.xxx — Abandoned Signs .................................................................... .............................49 20.67.xxx — Illegal Signs ............................................................................ .............................49 20.67.xxx — Maintenance Requirements .................................................... .............................SO 20.67.xxx — Heritage Signs ......................................................................... .............................S1 Sign Code Revisions — Public Review Draft — July 2005 Page - 1 S ?E��R> City of Newport Beach 'u c�s oa Sections, 20.67.xxx — Purpose 20.67.xxx — Effect of Chapter 20.67.xxx — Definitions 20.67.xxx — Prohibited Signs 20.67.xxx — Provisions Applying to All Sign Types 20.67.xxx — Standards for Permanent Signs 20.67.xxx — Standards for Specific Types of Permanent Signs 20.67.xxx — Standards for Temporary Signs 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations 20.67.xxx — Modification Permit 20.67.xxx — Comprehensive Sign Program 20.67.xxx — Innovative Sign Program 20.67.xxx — Nonconforming Signs 20.67.xxx —Abandoned Signs 20.67.xxx — Illegal Signs 20.67.xxx — Maintenance Requirements 20.67.xxx — Heritage Signs 20.67.xxx — Purpose The City of Newport Beach is a unique community located in an extraordinary environmental setting. Because of the need to protect and enhance the City's unique character and aesthetic standards, to protect public safety and property values, and to promote tourism through enhanced aesthetic appeal, the City Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this Chapter is as follows: A. Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed. B. Preserve and enhance the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. C. Encourage signs that are well designed and that attract and invite rather than demand the public's attention. Sign Code Revisions —July 2005 Page - 2 1 G�f� City of Newport Beach � 3� D. Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content - neutral approach to sign regulation. F. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors. G. Provide a review and approval process for signs to ensure compliance with the requirements of this Chapter. 2O.67.xxx — Effect of Chapter A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City of Newport Beach and over which the City has zoning authority. Regulations for signs on public property are codified in Chapter 13.xx.xxx (Public Rights of Way). B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning districts that come within the regulatory scope as defined in Paragraph A, above, unless specifically exempted. In addition, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties, and a method of enforcement shall also apply. Applications for sign permits that comply with the requirements of this Chapter, and other applicable laws, shall be approved. Sign Permits shall be required in compliance with Section 20.67.xxx (Procedures for Sign Approval, Exceptions, and Revocations). Where approval of a use permit, variance, Modification Permit, site plan review, or design approval has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter. C. Sign Permit required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. In addition, signs that require a Sign Permit shall be subject to approval by the Planning Director, Zoning Administrator, or Planning Commission in conjunction with their sign approval authority. Only signs that comply with the provisions of this Chapter shall be approved. Additionally, the sign design guidelines that have been adopted by the City Council shall be applied to guide the Planning Director, Zoning Administrator, and /or Planning Commission in administering this Chapter. Content of a noncommercial message shall not be considered when any required sign permit application is reviewed. Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on -site sign. Refer to Section 20.67.xxx (Procedures of Sign Approval, Exceptions, and Revocations) for Sign Permit requirements. Sign Code Revisions — July 2005 Page - 3 to pF SEW �B City of Newport Beach OwYY D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 20.67.xxx (Nonconforming Signs). E. Planned Community Districts. In Planned Community (PC) Districts, sign regulations contained in the planned community development plan shall supersede the requirements of this Chapter. If the planned community development plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail. Service station signs in Planned Community Districts shall be subject to the provisions of Section 20.67.xxx.(k)(2) (Service station signs) unless more restrictive sign regulations are contained in the planned community development plan. F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights Specific Plan area are subject to the provisions set forth in the Specific Plan document. The regulations contained in the Santa Ana Heights Specific Plan shall supersede the requirements of this Chapter. 20.67.xxx — General Provisions The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages and viewpoint neutral as to commercial messages. B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. Sign Code Revisions —July 2005 Page - 4 11 City of Newport Beach g. <,a [i6WRJ?l i� l-oa... D. Rules for non - communicative aspects of signs. Rules and regulations concerning the non - communicative aspects of signs, (e.g., type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or approval process. E. Multiple use zones. In a zone where both residential and non - residential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and non- residential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a Conditional Use Permit or similar discretionary process. F. Billboard policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code section 5412. G. Property owners' consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, 'owner' means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property. H. Legal nature of signage rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign - related provisions in private leases, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures. Sign Code Revisions — July 2005 Page - 5 17, City of Newport Beach 0 OPMd I. Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed for specific developments and Planned Communities, as well as special sign districts or special sign overlay zones, when approved by the Zoning Administrator and /or Planning Commission may modify the rules provided in this Chapter as to sign size, height, illumination, spacing, orientation, or other noncommunicative aspects of signs, but may not override or modify any of the General Provisions in this section. All of the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. 20.67.xxx — Definitions For purposes of this Chapter, the following definitions shall apply: A -Frame Sign. A freestanding portable sign typically constructed of wood, metal, or plastic. Such signs are usually small and are removed at the close of business. 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. Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has ceased or is located upon a structure that has been abandoned by its owner, for more than 90 days. Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner or product available upon the site; or that identifies or advertises an event or activity that has occurred. Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind - actuated and other elements such as balloons, bunting, flags, pennants, streamers, whirligigs, or other similar devices. Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. Back -lit Awning. An internally illuminated, fixed, space -frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Banner Sign. A sign made of fabric or any nonrigid material with no enclosing framework. Billboard. A permanent structure used for the display of offsite commercial messages. Building Frontage. The building elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway. Sign Code Revisions —July 2005 Page - 6 V3 City of Newport Beach F�EW�16 O a��Y :_ Building Frontage, Primary. The building frontage that is designated by an applicant as the "primary frontage" for the purpose of determining the applicable sign standards and that does not face a residential district. Building Frontage, Secondary. The building frontage that is designated by an applicant for a Sign Permit as a "secondary frontage" for the purpose of determining the applicable sign standards, and that does not immediately face a residential zoning district. Building Sign. A sign attached to or painted on a building. Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material. Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped ("pan face') and are attached to a metal frame (cabinet). Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or fabric materials extending from the main entrance of a building. Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip - disks, incandescent lamps, fluorescent lamps, fiber optics, light - emitting diodes, liquid crystal displays, plasma - displays, field emission displays, or any other mechanical or light- emitting matrix to convey changing copy or images. Also considered an animated sign. Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards, and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. Commercial Message. A message displayed on a sign that relates primarily to economic interests such as, the exchange of goods or services. This definition shall automatically incorporate court rulings defining the term "commercial speech." Construction Project Sign. A temporary sign displayed on the site of a construction project during the period of construction that provides information about the project, which may contain the names of architects, landscape architects, engineers, and contractors working on the project, future tenants, finance institutions, real estate representatives, and similar persons /organizations involved in the project begins with the issuance of a building permit, or Sign Code Revisions — ]uly 2005 Page - 7 114 City of Newport Beach 2E%� -R U4� its functional equivalent, and ends with the issuance of the earliest of the following: a certificate of completion, a certificate of occupancy, a final inspection sign -off, or the functional equivalent of any of them. Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Department. The Planning Department of the City of Newport Beach. Directional Sign. An on- premise sign giving directions, instructions, or facility information of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Directory Sign. A sign listing the tenants or occupants of a building or building complex. Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. Double -Faced Sign. A sign designed with the intent of providing copy on both sides. Double -Faced Sign Electrical Raceway. A utilitarian metal channel used for the electrical components of an illuminated sign; and not designed as an architectural feature. Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, "establishment' includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home -based occupations or hobbies. Externally Illuminated Sign. A sign illuminated from an exterior light source. Fagade. The entire building elevation, including the parapet. Sign Code Revisions — ]uly 2005 Page - 8 115 PEW�RJ O" �b City of Newport Beach =��` `3� U'. S ^tiEonrr Face of Sign. The area of a sign on which the copy is placed. Facia. Typically, the smooth wall surface between a window and the parapet. Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration. Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground- mounted signs (monument signs).. SIGN AREA I BASE .z;. Freestanding Monument Sign Freestanding Pylon Sign Frontage, Street. The length of the property line of a parcel along a right -of -way on which it borders. Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet occupied the building or opened its establishment. Illegal Sign. A sign that does not meet the requirements of this chapter and that is not a legal nonconforming sign. Illuminated Sign. A sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area. Sign Code Revisions — July 2005 Page - 9 iP City of Newport Beach 4eow Innovative Sign. A sign that incorporates design elements, objects, shapes, materials or techniques that may cause the sign to not conform to certain dimensional or placement requirements of this Code, approval of which is subject to meeting the objective criteria described in Section 20.67.xxx (Innovative Sign Program), below. Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet. Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business or presence of parking. Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only. Inflated Display Sign. A three - dimensional object filled or activated by moving or non- moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium devices commonly used for children's parties. Logo. A sign consisting of a trademark or symbol used to identify a business. Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically - charged gas - filled tubing, such as neon and argon signs, or by fiber optics. Monument Sign. A freestanding sign supported by a solid architectural element at its base. Multiple Family Structure. A residential structure containing 3 or more living units. Mural. An artistic image or design painted or affixed to the exterior surface of a structure that does not contain a commercial or noncommercial text or message. Nameplate. A sign indicating the name and /or address of a building or occupant. Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform to the current standards of this chapter or is now prohibited. Signs that do not conform with the current standards of this chapter or are now prohibited but were erected pursuant to an approved variance, Modification Permit, Conditional Use Permit and /or the Comprehensive Sign Program do not fall within the definition of nonconforming signs. Noncommercial Message. A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term "noncommercial speech." Off -site Message. A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off - site /on -site distinction applies only to commercial messages. Sign Code Revisions — July 2005 Page - 10 fi-7 City of Newport Beach 01 00:u On -site Message. A message on a sign advertising the business, accommodations, services, or activities provided on the premises on which the sign is located. The off- site /on -site distinction applies only to commercial messages. Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall, including fences. Parapet. The extension of a false front or wall above a roofline. Pedestrian Sign. A sign designed to be viewed at a pedestrian level. Permanent Sign. A sign designed with durable materials and intended to be used in excess of 60 days per calendar year. Planning Director. For purposes of this Section only, the Director of the City's Planning Department, or the Director's designee. Pole Sign. A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Projector Sign. A sign that is projected onto a surface using an intense source of illumination to project the image. Projecting Sign. A sign that projects from and is supported by a wall of a building. Projection. The distance by which a sign extends from the building it is supported by. max. projectiart c Sign Projection Sign Code Revisions — July 2005 Page - 11 City of Newport Beach 0 Promotional Temporary Banner. A temporary sign or banner displayed by an establishment to advertise events such as sales, seasonal events, liquidation sales, and going out of business sales. Public Service Sign. Signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags. Pylon Sign. A sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least 6 inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support. Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy, such as hotel or motel accommodations. Residential Name or Identification Sign. A sign identifying the name or address of a residence and /or its occupants. Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant, visible from the public right of way. Rider. A small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections. Roof Sign. A sign erected upon or above a roof of a building. Sign. Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right -of -way or parking area. The following are notwithin the definition of "sign" for regulatory purposes of this Chapter: a. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet from the window, provided the building or enclosed structure is otherwise legal; b. Architectural features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts); Sign Code Revisions — July 2005 Page - 12 rQ City of Newport Beach eEW°ORr U �j1 c. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices; d. Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale; e. Fireworks and other lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter. f. Newsracks or newsstands. g. Legally required information, such as public notices, registration or licensing information, etc. h. Murals. Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign. Service Station. An establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public. Super Graphic. Images, graphic elements, and logos, including required corporate logos, that are affixed to or painted on a structure, that may not be the textual portion of a sign. Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time. Tenant Frontage. That portion of a multi- tenant building facade that is devoted to a single tenant. Valance. The part of an awning that hangs vertically down from the shed (sloped) portion of an awning. Vehicle Sign. A, sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs: a. License plates. b. License plate frames. Sign Code Revisions — July 2005 Page - 13 Lb 1E City of Newport Beach �,r., wav?oq> I c. Registration insignia. d. Noncommercial messages painted on or otherwise attached in a manner such that the vehicle can be legally operated on public rights -of -way, or any noncommercial message that does not exceed a total of three square feet in size. e. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner such that the vehicle can be operated on public rights -of -way. f. Commercial messages that do not exceed a total of three square feet in size. g. Commercial messages on duly licensed mass transit vehicles that pass through the City. Wall Sign. A sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Window Sign. A sign that is applied or attached to a window or located within 5 feet of the inside of a window in manner that it can be seen from the exterior of the structure. 20.67.xxx — Prohibited Signs The following signs and sign types shall be prohibited throughout all zoning districts of the City. A. Painted signs. Painted signs on fences or roofs except addresses. B. Hazardous location. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous. C. Signs with off -site commercial messages. Signs shall not advertise a business, accommodation, service or activity not provided on the premises on which the sign is located. The off - site /on -site distinction shall only apply to commercial messages. D. Beams of light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal. E. Luminous tube lighting (e.g., neon, rope lighting). Luminous tube lighting shall not be used to outline or frame doors and/or windows. F. Prohibited sign types: Sign Code Revisions — 3uly 2005 Page -14 Zl City of Newport Beach o �t, ` 4 ?EW �B `�� 1. A -frame signs. 2. Animated signs. 3. Changeable copy signs, except as a component of another type sign allowed through the Comprehensive Sign Program. 4. Commercial mascots. S. Inflated display signs. 6. Pole signs. 7. Roof signs, unless a variance is granted. 8. Vehicle signs, subject to the definition of Vehicle Signs in 20.67.xxx (Definitions), above. 20.67.xxx — Provisions Applying to All Sign Types A. Compliance required. No person shall erect, re- erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Zoning Code. B. Uncertainty of Chapter provisions. The Planning Commission shall have the authority to interpret the provisions of this Chapter at the request of the Planning Director, or when an appeal for a decision of the Planning Director is filed with the Planning Commission in compliance with Section 20.9S of this Chapter. C. Sign construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign. D. Sign area computation. 1. The allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a "primary" or "secondary" building /tenant frontage (as defined in this Chapter) and then referring to the tables in Section 20.67.xxx (Standards for Permanent Signs). The allowed sign area for a freestanding sign is determined by the number of linear feet of the street frontage where the sign is to be placed in compliance with the tables in Section 20.67.xxx. Sign Code Revisions — 3uly 2005 Page - 15 2'L �cwroRr City of Newport Beach ` �� a. `1� 2. The entire area contained within the frame, cabinet, fixture, or design, including all ornamentation, super graphics, or other decoration used to attract attention that can be enclosed in no more than 4 lines drawn at right angles shall be included in the measurement of sign area. In the case of "skeleton" or "cut -out' letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, logos, or symbols within a single continuous perimeter with no more than 4 lines drawn at right angles (square or rectangle). 2!L � �pOW s�� I %Z ` I 'WIDTH T-- —— —t I 1 E.4T a LEM i OR r I DECAL I I G 4 WgD7H `-r - -- - - --r I E 0 + ODD SHAPE i I WIM, i '' U x yHMHii5 WIDTH t- `lam -z i I w-' IDS i ODD SHAPE x S;GN AREA= WIDTH X HEIGHT Sign Area WIDIK 3. Only one face of a double -faced sign shall be counted in computing the permitted area of the sign. Double -faced (back -to -back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed 2 feet at any point. If the sign is multi- faced, then each face shall be counted in computing the permitted area of the sign. Sign Code Revisions — July 2005 Page - 16 2,37 " City of Newport Beach :� 4. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area. S. Where a sign consists of one or more three - dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. Signs may not contain three - dimensional objects that exceed a projection of 6 inches from the sign face, unless such signs are allowed as part of an approved Innovative Sign Program. F. Sign height measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. G. Maximum letter /logo height. The maximum height of any letter, text, logo, or symbol shall be 36 inches. H. Sign removal or replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building. I. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and /or a registered trademark or logo. 3. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign including signs that face Newport Bay. 4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. S. Reflective -type bulbs and incandescent lamps that exceed 1S watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right -of -way or adjacent property. 6. Light sources shall utilize energy - efficient fixtures to the greatest extent possible. Sign Code Revisions —July 2005 Page - 17 2q jE�V' ..TT a! City of Newport Beach:x 3 i�@ 7. Each illuminated sign shall be subject to a 30 -day review period, during which time the Planning Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Planning Director may order the dimming of any illumination found to be excessively bright. The Director's determination will be made without regard to the message content of the sign. 20.67.xxx — Standards for Permanent Signs Tables 20.xx, 20.xx, and 20.xx provide regulations for permanent signs in residential, nonresidential, institutional, and open space zoning districts.. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. 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Q� z l� U v c m i 0 m c 3 a c A 3 0 ac 3 `a 3 v a � c C m m a c .a v � m u c Y e� c z� a m c � o m v °o. �y a ca m c v iO m� Zo m Y, ca EL y c a� o n 0 E c mug o� E � C a v a vi a c 0 � C ov z o c c w v M N Cl r 30 a 16 a oEa j2 R� p 1� • c v � �cq w 0 o o 0 1n n � F C O 3 O O _;o z z O1� J .Q C '4l o a O m o 0 o z .. i.Ea au>, wa p •3 N� O t� 0 � O J — Yn o cc N> a a o c o o c ou w ma in z y-II o �i E+-I� c 000000�1��111 [o O L O E_ E E off. A C E v w 3 R c c �v _a �o v E O o c o+ E aE 0 X . a R w u c vzi wu m ` v d c c z v a � Z c E � o. O � oua �m � R of 3 o E a Q3 F-aZ O 7 a a c E o 0 3 O= O' rn 0 L O d O Q u n � c N co N 'R u O o+ H ' C m O U a:. w t; O1� v � O O W v c m i 0 m c 3 a c A 3 0 ac 3 `a 3 v a � c C m m a c .a v � m u c Y e� c z� a m c � o m v °o. �y a ca m c v iO m� Zo m Y, ca EL y c a� o n 0 E c mug o� E � C a v a vi a c 0 � C ov z o c c w v M N Cl r 30 City of Newport Beach u_' `1 ;aa�.: 2O.67.xxx — Standards for Specific Types of Permanent Signs A. Awning signs. 1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel — shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning. 2. Only permanent signs that are an integral part of the awning shall be allowed. Temporary signs shall not be placed on awnings. 3. Awning signs shall be allowed for first and second story commercial occupancies only. 4. Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The upper most part of an awning shall not be located more than 2 feet above a window or door. 5. Awnings shall not be lighted from under the awning (back -lit awning) so that the awning appears Internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed. 6. A minimum of 8 feet of clearance shall be provided between the lowest part of an awning and the grade below. oo E E .E Required Clearance Below Awning Sign Code Revisions — Public Review Draft —July 2005 Page - 24 31 ��,W p�- 7 ! 8 City of Newport Beach �,. Fb� �?� B. Changeable copy signs. A sign that contains a changeable copy element may be permitted through the approval of a Comprehensive Sign Program in compliance with Section 20.67.xxx (Comprehensive Sign Program) provided the changeable copy element is a component of another sign type permitted under the provisions of this Chapter. Approval shall not be based on message content. C. Freestanding signs. Freestanding signs include ground- mounted signs (monument) and pylon signs. Freestanding signs shall be allowed only for parcels with at least 50 feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of 40 feet. 2. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below: a. Pylon sign: Maximum height = 20 feet b. Monument sign: Maximum average height = 6 feet; Maximum overall height = 8 feet, including decorative elements and architectural features c. Proportional dimensions shall be as follows: Sign Code Revisions— Public Review Draft —July 2005 Page - 25 32 City of Newport Beach 1) Pylon Sign Maximum W = 30% x H Maximum LH = 33% x H Maximum 0 = 50% x W Minimum LW = 25% x W 2) Monument Sign H= height inclusive of the base W= width exclusive of the base Maximum W= 1.5 x average H M ax. height max. 6' heigh- 8 6 Goa 6e 0 max. W= 1.5 x average height max. SIGN AREA avg. height ASU;-' H =height including base W = width - --- ----- ----- — W. max. height I "AREA max. v9. height H = height 6' SIGN `SASE , W -w4tth AREA LW =leg Meet, LH -leg height o =opening height 20' 50% d W I1_13 3% oI H LW=2 %olW max. W= 1.5 x average height max. SIGN AREA avg. height ASU;-' H =height including base W = width - --- ----- ----- — II max. height I "AREA max. v9. height 6' `SASE , - Sign Code Revisions— Public Review Draft —July 2005 Page - 26 6 City of Newport Beach 4 ?�PoQT 3. Freestanding signs shall be set back a minimum of 5 feet from a street or interior properly line and a minimum of 10 feet from the edge of a driveway. 4. To ensure the readability of freestanding signs, the minimum letter size allowed shall be 12 inches. Sign copy shall not be located closer than one half -letter height to the sign edge or other line of copy. 5. There shall be a minimum of 50 feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. 6. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property. 7. Freestanding signs shall not block visibility for motorists at intersections or driveways. 8. Freestanding signs shall not project over any building, or over any on -site driveway or vehicle circulation area. 9. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 10. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. The Planning Director may waive or modify this requirement on a case -by -case basis to take into account existing conditions. 11. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowed sign area. Sign Code Revisions — Public Review Draft —July 2005 Page - 27 V City of Newport Beach Ground Sign with Appropriate Address �EW�gA O� e ��tVl�r�� D. Luminous tube signs. The use of luminous tubes for signs shall be allowed in commercial zoning districts only subject to the following requirements. 1. Luminous tube signs shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the sign. 2. The manufacturer shall be registered with Underwriters Laboratories. 3. Tubing shall not exceed one half inch in diameter. 4. Luminous tube lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line. 5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials. 6. Luminous tube lighting that surrounds a window, door, or similar element is not allowed. E. Pedestrian - oriented signs. 1. Signs may be placed perpendicular to the building facade (projecting) or mounted flat against the wall near the building entrance. 2. Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign. 3. Double -faced projecting signs shall be considered a single -face sign for the purpose of calculating sign area. Sign Code Revisions — Public Review Draft — July 2005 Page - 28 35 o, r ,m City of Newport Beach (;�� F. Projecting signs. 1. Signs shall not project more than 5 feet over public property and shall not project to within 2 feet of the curb line. The distance any sign may project over public property or beyond a required setback line is governed by the following table: Distance Above Sidewalk or Grade Immediately 8' -10' >10' -12' >12' and up Below Sign. Maximum Projection Over 3' 4' S' Property Line or Building Line. Projecting Sign Line A. "At street corners, signs may extend to Line "A" at an angle of 45= 5' 3' 12' 10' I I J a Maximum Sign Projection Sign Code Revisions — Public Review Draft— July 2005 Page - 29 Yo City of Newport Beach 4 2. The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows: Projection 1 5' 1 4' 1 3' 2' Maximum Thickness 1 2' 1 2' -8" 1 3' -4" 4' 3. Maximum sign area shall be 20 square feet for a primary frontage and 10 square feet for a secondary frontage. 4. Projecting signs shall provide a minimum vertical clearance of 8 feet above the surface over which they project. 5. Projecting signs shall not project into an alley or parking area more than 3 feet and shall not be less than 14 feet above the surface where vehicles are allowed. 6. Internally illuminated projecting signs shall have opaque face panels so that only the letters, number, symbols, or logos appear illuminated. 7. Projecting signs shall not be closer than 10 feet to another projecting sign or to a freestanding sign or 5 feet from an interior property line or line dividing 2 separate business frontages. 8. Projecting signs shall not project above an apparent eave or parapet, including the eave of a mansard or simulated mansard roof or above the bottom of a third -story window. G. Projector sign. 1. A projector sign shall project only upon the property occupied by the associated use or the public right -of -way within 10 feet of the building occupied by the use. 2. The sign area of the projector sign shall be included within the overall allowed sign area for the use. 3. Illumination from the projector mechanism shall not pose a hazard for pedestrians or motorists and shall be screened from view to the maximum extent feasible. H. Signs on architectural projections. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature (e.g., canopy) located not more than 15 feet above street level. 1. Signs may be erected on top of an architectural projection provided the sign is comprised of three - dimensional letters only that do not exceed 18 inches in height. No internal illumination is allowed. Sign Code Revisions — Public Review Draft —July 2005 Page - 30 31 City of Newport Beach o 2. Signs may be attached to the face of an architectural projection provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of 18 inches. No internal illumination is allowed. 3. The maximum sign area for signs mounted on architectural projections shall be included with other permitted signs identified in Table 20.XX (Standards for Permanent Signs). 4. Signs may be placed below and may be supported by an architectural projection provided the sign shall not exceed 4 feet in length and 16 inches in height. Internally illuminated signs are not allowed. Signs shall not be less than 8 feet above the sidewalk and shall be placed perpendicular to the face of the building. I. Wall signs. 1. Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Appropriate Wall Sign Location Sign Code Revisions — Public Review Draft —3uly 2005 Page - 31 POO City of Newport Beach Not Allowed 0 O?EWP=�Ra e �F 0• J�2 2. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. Required Separation of Wall Signs 3. Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Subsection 20.67.)=.I (Illuminated Signs). 4. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. 5. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. Sign Code Revisions — Public Review Draft — July 2005 Page - 32 City of Newport Beach o �cwroae d�z 6. Signs shall be located within the middle 50 percent of the building or tenant frontage measured from lease line to lease line. The Planning Director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement. ain walls. 2. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary 10 FT —I YICV (.$j� Appropriate Wall Sign Location 7. Signs attached to the sloping face of hipped/sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Modificati on Permit. 7. Window signs, permanent and temporary signs. . 1. Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curt building frontage. 3. Signs shall be permanently painted or mounted on the inside of windows and doors except for allowed temporary 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. Sign Code Revisions— Public Review Draft —July 2005 Page - 33 yv YIGT X110 Appropriate Wall Sign Location 7. Signs attached to the sloping face of hipped/sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Modificati on Permit. 7. Window signs, permanent and temporary signs. . 1. Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curt building frontage. 3. Signs shall be permanently painted or mounted on the inside of windows and doors except for allowed temporary 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. Sign Code Revisions— Public Review Draft —July 2005 Page - 33 yv City of Newport Beach K. Miscellaneous signs. 1. Business directory signs. Multi- tenant buildings are allowed tenant directory signs with a maximum area of 8 square feet each. No illumination is allowed. 2. Service station signs. The following regulations shall be applicable to service stations, in addition to all other provisions of this Chapter. a. General. (1) Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. (2) Instructional and warning signs and signs required or authorized by state or federal law shall be exempt from the provisions of this section. b. Ground signs. (1) Number. One per site. (2) Area. Not to exceed 20 square feet; 36 square feet when combined with a fuel price sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. Ground signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. c. Fuel price signs. (1) Number. One per street frontage. (2) Area. Twelve square feet per sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. (a) Separate fuel price signs shall only be permitted in lieu of the 36- square foot combined ground sign /fuel price sign permitted in this Subsection. (b) Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this section. Sign Code Revisions — Public Review Draft —July 2005 Page - 34 H1 .m City of Newport Beach (:r {i (c) Fuel price signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. d. Wall signs. (1) Number. One per building frontage. (2) Area. The area of a wall sign shall not exceed 1 square foot for each lineal foot of building frontage. (3) Length. The length of a wall sign may be up to 50 percent of the building frontage, not to exceed 30 feet. e. Canopy signs. (1) Type. Signs on service station canopies shall be limited to logos only. (2) Number. One canopy sign per street frontage. (3) Area. The area of a canopy sign shall not exceed 6 square feet. (4) Additional Regulations. Canopy signs shall not extend beyond the gable or fascia board of the canopy. f. Service island signs. One sign, not exceeding 4 square feet, shall be permitted on or in front of each end of a service island to identify methods of sale (i.e., self -serve or full - serve). g. Window signs. (1) Number. One per window. (2) Area. No permanent window sign shall cover more than 20 percent of the visible window area. (3) Materials. Permanent window signs shall be applied directly to the window surface. h. Temporary signs. Refer to Section 20.67.xxx (Standards for Temporary Signs) Sign Code Revisions — Public Review Draft —July 2005 Page - 35 6 City of Newport .Beach � O ?EWPO _ �� 20.67.xxx — Standards for Temporary Signs A. Number, size, and duration allowed. Table 20.X0( provides standards under which temporary signs are allowed. Temporary signs are allowed in addition to the number of permanent signs allowed for the properly. However, combinations of permanent and temporary window signs shall not cover more than 20 percent of any window. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the table and regulations provided for general or specific sign types, the general regulations or regulations for specific sign types shall take precedence. Sign Code Revisions — Public Review Draft — July 2005 Page - 36 �'b City of Newport Beach TABLE 20-XX TEMPORARY SIGNS � ?EW O 6 c4° r` Sign Type Maximum Maximum Maximum Duration Additional Number Area Height Requirements 75 sq. ft. for Up to 4 times Promotional 1 sign per site, banner, 3 sq. ft. 10 ft. or bottom Subject to all temporary including window for rigid sign. of lowest second per year, not to exceed days requirements of this banners. signs. Window signs, floor window. total per year. Section. 20% of any window area. Establishment One sign per building Same as for Same as for 60 days per Allowed only while permanent signs are identification. frontage. permanent signs. permanent signs. calendar year. being obtained. Displayed after issuance of building permit or equivalent; Only on the Construction 32 sq. ft. per 8 ft. in shall be property where project signs. 1 sign per street sign in non- nonresidential. removed after construction is frontage, 2 signs residential. 4 ft. in earliest of taking place and Nonresidential maximum 6 sq. ft. in residential certificate of shall not obstruct and Residential residential completion, visibility at certificate of intersections. occupancy, or final building inspection. Mounted only on portable easel -type Restaurant menu During hours structures; only on 1 per restaurant 4 sq. ft. per sign. 5 ft. establishment is property of the signs open. establishment within 10 ft of the primary entrance. Real estate signs for residential and Allowed in compliance with Subsection 20.67.xxx.I (Real estate signs), below nonresidential Temporary Sign Permit not required. properties Search lights, Klieg lights Allowed in conjunction with Special Event Permit. Shall be placed Yard sale sign 1 sign per street 3 sq. ft 4 ft. 2 days within a only on the frontage 30 -day period. property where the sale is being held. Sign Code Revisions — Public Review Draft —July 2005 Page - 37 a.. eiW.b City of Newport Beach v op4'ei .} .. TABLE 20 -XX TEMPORARY SIGNS Sign Type Maximum Number Maximum Area Maximum Height Duration Additional Requirements Allowed in compliance with Subsection 20.67.xxx.13 (Exemptions to Sign Permit requirement), below. D. Placement of temporary signs. 1. Signs are allowed on private property only and shall not be placed in public rights -of- way or at off -site locations. 2. Signs may be placed only on building frontages in locations where permanent signs are allowed. 3. Sign shall not be attached to temporary structures, except restaurant menu signs, which may be attached to easel -like structures. E. Illumination prohibited. Signs shall not be illuminated. F. Durable materials required. Signs shall be constructed of durable material suitable to their location and purpose. G. Removal of signs. Temporary signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. H. Real estate signs. 1. Residential Districts. a. Real estate signs are permitted, on a temporary basis, in residential zoning districts, subject to the criteria provided in this Subsection. (1) In the R -A, R -1, R -1.5, R -2, MFR and PRD Districts, as well as PC Districts that provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: Sign Code Revisions — Public Review Draft — July 2005 Page - 38 L6 City of Newport Beach a��W�wrF u'.�x oa.� (a) One sign per lot except as provided in Subsections (e) and (f) below; (i) The sign shall not exceed 216 square inches (1.5 square feet); (ii) The sign may have one rider not to exceed 94 square inches; (iil) The sign may include one brochure box not to exceed 154 square inches. For purposes of this section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent, or exchange; (iv)The overall height of the installed sign, rider, and brochure box shall not exceed 4 feet above ground unless the sign is mounted flush to a wall; (b) The sign shall be placed on the parcel for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; (c) No flags, pennants, balloons, or other attention - attracting devices shall be displayed; (d) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; (e) One additional real estate sign may 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 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 that 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 4 feet above ground unless the sign is installed on a vehicle as provided in the paragraph above; or other conditions exist that require the sign to exceed 4 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; Sign Code Revisions— Public Review Draft —July 2005 Page - 39 y(9 City of Newport Beach �6.vNRa oF. Tm (f) In addition to the real estate sign permitted in Subsection (e), above, 3 off - site signs are permitted when the owner or owners agent is on the premises and the premises are open for inspection, subject to the following: (i) Each off -site real estate sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; (ii) The overall height shall not exceed 4 feet above ground; (iii) The sign shall not be installed before 8:00 a.m. and shall 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 creates a hazard to traffic or pedestrians. The sign shall not be attached to any public property. b. All Residential Districts. Residential properties shall be permitted one real estate sign not exceeding 20 square feet in area that advertises 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 temporary real estate sign not exceeding 20 square feet in area that advertises the sale, rental or lease of the premises upon which the sign is located. Permanent installations of real estate signs shall be subject to the sign standards for permanent signs in this Chapter for commercial, office, and industrial zones. 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations A. Sign Permits. 1. Sign Permit Required (including Temporary Signs). a. To ensure compliance with the regulations contained in this Chapter, a Sign Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with Subsection B, below. Sign Permits are also required for signs approved through a Comprehensive Sign Program as provided in Section 20.67.xxx. An application for a Sign Permit shall be made in writing on standard official forms furnished by the Planning Department. Sign Code Revisions — Public Review Draft — July 2005 Page - 40 41 City of Newport Beach Vi lE`N?Jyr a@@ °' �.anr`n 2. Approving authority. Sign Permits, including those for temporary signs shall be issued under the direction of the Planning Director when they comply with the provisions of this Chapter. The Planning Director shall review all Sign Permit applications for conformance with the provisions of this Chapter. a. For signs that comply with the provisions of this Chapter and do not require discretionary review: (1) The Planning Director shall issue or deny the permit to the applicant within 90 days from the receipt of a complete application and the applicable fees. (2) Failure of the Planning Director to approve or deny the permit within the 90 days shall result in the permit being granted. (3) If the application is denied, the Planning Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent first class United States mail to the address provided on the license application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Planning Director, by United States certified mail, return receipt requested. (4) In the event an application is denied, the applicant may appeal the Planning Director's decision in compliance with the provisions of Section 20.95 of this Chapter. b. Annual Approval of Promotional Temporary Sign Permit. The Planning Director shall approve a Temporary Sign Permit for a temporary promotional banner on an annual basis that allows the applicant to tailor the duration and the number of days allowed under the permit to meet the particular needs of the establishment as long as the total number of days that the sign is allowed does not exceed 60 days per calendar year. Exemptions to Sign Permit requirement. Sign Permits shall not be required for the signs exempted in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempted signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and may be removed in compliance with Section 20.67.xxx (Illegal Signs). An exempt sign may still require a Building Permit, subject to the provisions of Chapter 15.16. 1. On -site, non - illuminated signs. The following on -site, non - illuminated signs shall not require issuance of a Sign Permit: Sign Code Revisions — Public Review Draft — 3uly 2005 Page - 41 i SEW .+y\T City of Newport Beach a. Accessory signs. Small window signs indicating hours of operation or that an establishment is "Open" or "Closed" for business, limited to a maximum of 2 square feet in area for all accessory signs. No more than three signs per establishment frontage. Accessory window signs shall not be included in permanent window sign area calculations, except if illuminated. b. Building markers. Commemorative plaques, tables, date of construction, and similar signs when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed 2 square feet in area. c. Bulletin boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over 12 square feet in area. d. Construction project signs. Subject to the limits on size and display duration of 20.67.xxx (Standards for Temporary Signs), Table 20 -xx (Temporary Signs). e. Change of copy. Changing the copy in changeable copy signs in existence as of the date of adoption of this Chapter, or approved through the Comprehensive Sign Program. f. Gasoline pump signs. Shall be consistent with Section 20.67.xx (K) (3) (Service Station Signs). g. Government signs. A sign erected by a federal, state, county, agency, or the City. h. Holiday window painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and /or decorations shall be removed within 10 days following the applicable holiday. L Incidental signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, credit card information, emergency contact information, etc.) provided the signs do not exceed 4 square feet in area for all such signs. j. Official signs. Official and legal notices required by a court or governmental agency. k. Portable parking lot and valet parking signs. One freestanding portable sign at each parking lot entrance limited to 10 square (2'x5') feet in area. Sign shall not cause hazard to driver visibility or pedestrian movement. Subject to the approval of a valet parking plan. Sign Code Revisions — Public Review Draft — July 2005 Page - 42 M o ' `a City of Newport Beach `� e�EWPpk' I. Public service signs. Signs of utilities or other publicly regulated service providers indicating danger, and aids to service or safety, including official advisory and signal flags. m. Real estate window listing. A real estate office may place its listing(s) in a front window provided the gross area occupied by the listing(s) do /does not cover more than 50 percent of the window. n. Residential signs. Up to 3 noncommercial signs, with a maximum total sign area of 6 square feet and a maximum height of 4 feet. o. Restaurant menu signs. Restaurant menu signs not exceeding 4 square feet. p. Site address. Limited to one per street frontage subject to the following standards: (1) The total aggregate sign area shall not exceed 72 square inches. Individual numbers and letters shall not exceed a height of 8 inches. (2) The sign shall be placed in an area adjacent to or near the primary entrance of the structure or property frontage and face the street curb in front of the structure. q. Temporary real estate signs. Real estate signs in compliance with Section 20.67.xxx (H) (Real estate signs). r. Vehicle- oriented directional signs. Signs solely for the purpose of guiding traffic, parking, and loading on private property subject to approval by the Public Works Department. One safety or directional sign for each vehicle entry to a site with a maximum area of 3 square feet per sign. Maximum sign height shall be 4 feet. Additional signs may be allowed with approval of a Comprehensive Sign Program. s. Yard sale signs. Subject to the limits on size and display duration of 20.67.xxx (C) on Table 20 -XX (Temporary Signs) 2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign, and therefore shall not require a Sign Permit, unless structural changes are made. C. Revocation of Sign Permit. The Planning Department may, in writing, suspend or revoke a Sign Permit issued under the provisions of this Chapter if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter. Sign Code Revisions— Public Review Draft —July 2005 Page - 43 50 City of Newport Beach 20.67.xxx — Modification Permit 0 A. Applicability. The Zoning Administrator may grant a Modification Permit in compliance with the provisions of Section 20.93 (Modifications Permits) to allow deviations to the height, type, location, number, and area of signs. B. Required findings. In order to grant a Modification Permit, the Zoning Administrator shall find that the granting of a Modification Permit: 1. Is necessary due to practical difficulties associated with the property, and the strict application of the Zoning Code would result in physical hardships that are inconsistent with the purpose and intent of the Zoning Code, and 2. The result of the requested modification will be compatible with the existing development(s) in the area, and 3. The granting of the Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property, and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. C. Appeals. Actions of the Zoning Administrator may be appealed to the Planning Commission in compliance with the provisions of Chapter 20.95. (Appeals). 20.67.xxx — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project's signs, including a project identification sign with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Chapter. B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. 1. Whenever 3 or more separate tenant spaces are present on the same parcel; 2. Whenever 3 or more non - exempt signs are proposed for a single- tenant development; 3. Whenever signs are proposed to be located on or above the second story on a multi- story building. 4. Whenever a project or parcel has more than 300 linear feet of frontage on a public street. Sign Code Revisions — Public Review Draft — July 2005 Page - 44 1�1 eE�r°p'p� City of Newport Beach oar. S. Whenever an existing multi- tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 20 percent of the replacement cost of the building; or 6. Theater signage. A Comprehensive Sign Program for a theater or cinema use may authorize signs that deviate from the standards of this Chapter. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Chapter if the sign is generally consistent with the adopted sign design guidelines and the purposes of this Chapter. Approval shall not be based on message content. 7. Whenever the Planning Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.). 8. A Comprehensive Sign Program shall not be used to override the prohibition on new billboards set forth in Section 20.67.xxx of this Chapter, above. C. Approval authority and limitation. The Zoning Administrator is the approving authority for a Sign Permit for a Comprehensive Sign Program. The Zoning Administrator shall not approve an increase in sign height by more than 20 percent above that allowed or an increase in sign area by more than 30 percent above that allowed. Increases above the limits provided above may be allowed with the approval of a Modification Permit. D. Application requirements. A Sign Permit application for a Comprehensive Sign Program shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines and the overall purpose and intent of this Section; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and/or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; Sign Code Revisions — Public Review Draft — July 2005 Page - 45 5Z 0 City of Newport Beach z i+[.vPORr i� Utz o �" 5. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter, and 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Revisions to Comprehensive Sign Programs. The Planning Director may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Comprehensive Sign Program by the Zoning Administrator. 20.67.xxx — Innovative Sign Program A. Purpose. The purpose of the Innovative Sign Program is to: 1. Encourage signs that are unique in their design approach and use of materials; and 2. Provide a review process for the application of sign regulations to innovative signs. B. Applicability. An applicant may request approval of a Sign Permit under the Innovative Sign Program to authorize an on -site sign or signs that differ from the provisions of this Chapter but comply with the purpose of this Chapter and Section. C. Approval authority. A Sign Permit application for an Innovative Sign shall be subject to approval by the Planning Commission. D. Application requirements. A Sign Permit application for an Innovative Sign shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Design criteria. In approving an application for an Innovative Sign, the Planning Commission shall ensure that a proposed sign or signs meets the following design criteria: 1. Design elements. The sign shall contain at least one of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.); b. Creative image reflecting current or historic character of the City; Sign Code Revisions— Public Review Draft —July 2005 Page - 46 3 City of Newport Beach 9 c. Symbols or imagery relating to the beach, ocean recreation, fishing, maritime industry, and /or the related business; or d. Inventive representation of the use or name /logo of the business. 2. Architectural criteria. The sign shall: a. Utilize and /or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features /details of the facade. 3. Contextual criteria. The sign shall: a. Be in scale and proportion with the structure where it is placed; b. Be placed to respect and enhance the key architectural elements of the building; and c. Respect the scale and proportion of surrounding commercial structures and signs. E. Limitation. Approval of an Innovative Sign Program shall not: 1. Authorize the use of signs prohibited by this Chapter; 2. Authorize any sign that is more than 20 percent larger than it could have been without the owner's participation in the Innovative Sign Program; or 3. Authorize any sign based on an evaluation of the message displayed. G. Revisions to Innovative Sign Programs. The Planning Director may approve revisions to an Innovative Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Innovative Sign Program by the Planning Commission. 20.67.xxx — Nonconforming Signs A. Removal of certain types of nonconforming signs. The following nonconforming signs shall be removed or altered to be conforming within 15 years of the effective date of this section, unless an earlier removal is required by the provisions of subsection B, below. 1. Roof signs. Sign Code Revisions — Public Review Draft — July 2005 Page - 47 5,f F�EWw+R AU ER of Newport Beach�� 2. Pole signs. 3. Internally illuminated signs with a translucent face. 4. Signs with letters, text, logos, or symbols taller than permitted by this Chapter. B. Removal of nonconforming signs. Nonconforming signs shall be removed if: 1. The nonconforming sign is more than 50 percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction exceeds 50 percent of the replacement cost as determined by the Building Official. 2. The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this Chapter. 3. The nonconforming sign is located on a building that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is more than 50 percent of the building area shall be deemed to affect the nonconforming sign. 4. The nonconforming sign is temporary. C. Deactivation of flashing features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features. D. Continuance of nonconforming signs. Except as provided in 20.67.xxx subsections A and B, a nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be: 1. Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed. 2. Structurally altered to prolong the life of the sign, except to meet safety requirements. 3. Expanded or altered in any manner that increases the degree of nonconformity. E. Repairing and repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign's customary maintenance and repair. Sign Code Revisions— Public Review Draft —July 2005 Page - 48 55 City of .Newport Beach �s�Ew�Rr J F. Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name or names on the sign so long as there is no change in the structure or configuration of the sign. 20.67.rooc — Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. 2. A sign frame or structure that supported an abandoned sign and that conforms to all applicable regulations shall be allowed to remain in place. A sign frame or structure inconsistent with any regulations shall be altered to comply with the regulations of this Chapter or removed. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days; or that has not been removed within 30 days after the occurrence of the event or activity, shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Planning Director shall send a person responsible for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the person to respond within 30 days to the Abandoned Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 20.67.rooc — Illegal Signs A. General prohibition. It is unlawful for any person to erect, place, post, construct, reconstruct, alter, maintain, or move or allow any person to erect, place, construct, reconstruct, alter, maintain, or move any sign that does not comply with the provisions of this Chapter. B. Strict liability.. Violations of this chapter shall be treated as a strict liability offense regardless of intent. C. Illegal signs identified. The following signs are illegal and declared to be a public nuisance: Sign Code Revisions — Public Review Draft — July 2005 Page - 49 5(m City of Newport Beach ��EW�r u,C'uronpt 1. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of this Chapter that does not comply with any provision of this chapter. 2. A sign that was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved prior to the effective date of this Chapter that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved. 3. A nonconforming sign that is required to be removed or altered by Section 20.67.)= subsections A and B, which is not removed or altered in compliance with Section 20.67.)= subsections A and B. 4. Signs with flashing elements that are not deactivated. 5. An abandoned nonconforming sign. 6. An abandoned sign. 20.67.xxx — Maintenance Requirements A. Maintenance of signs required. All types of signs, together with their supports, braces, guys, and anchors shall be properly maintained at all times with respect to safety, appearance, and structural and electrical features. B. Proper Maintenance identified. Display surfaces shall be kept clean and neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. Signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Faded, cracked, or broken faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings that have signs shall be cleaned periodically and replaced if they become faded, tattered, or ripped. C. Administrative procedures applied to signs that are not maintained. Signs that are not properly maintained shall be subject to the following administrative procedures: 1. Notice of violation shall be sent by first class United States mail to last known address of sign owner and /or property owner, informing owner of time in which removal of sign or repair of condition shall be accomplished. 2. If the owner fails to remove sign or repair the condition, City shall send final notice by certified United States mail, return receipt requested, and by first class United States mail, notifying owner that failure to remove or repair the sign within 30 days shall result Sign Code Revisions — Public Review Draft —July 2005 Page - 50 57 City of Newport Beach (9 in the issuance of an Administrative Citation, in compliance with the provisions of Title 1 and Title 20 of the Municipal Code. 3. If the owner does not remove the sign or repair the condition within the 30 -day period, an Administrative Citation shall be issued at the end of the 30 -day period. D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply: 1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Sections 1.04.020 and 10.50.020(I) of this Code. 2. Removal of hazardous signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The City is not required to give notice of intent to remove the sign prior to removal, but shall inform the owner that the hazardous sign has been removed within seven days of removal, by certified United States mail, return receipt requested and by first class United States mail. a. Signs removed in compliance with this Section shall be stored for 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered within the 30 -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The costs of removal and storage (up to 30 days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property. 3. Penalties. Hazardous signs shall also be subject to the administrative remedies of the Municipal Code, including Section 10.50.020 and Sections 1.04 and 1.05. 4. Recovery of costs. When the City is required to remove a hazardous sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and /or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. 20.67.xxx — Heritage Signs Sign Code Revisions — Public Review Draft— July 2005 Page - 51 m QMM City of Newport Beach A. Designation of heritage signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed in compliance with Section 20.67.xxx (Nonconforming Signs) of this Chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in compliance with the standards established in this Section. B. Application and review authority. Application for heritage sign status may be submitted by the business owner, property owner, or City for review by the Planning Commission. The Planning Commission shall review all applications and approve or disapprove heritage sign status in compliance with this Section. C. Heritage sign criteria. The Planning Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal as a nonconforming sign and the sign meets both the following criteria: 1. Historically significant. A sign is historically significant if the sign was erected or created at least 35 years ago and is either representative of a significant sign- making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history. 2. Visually significant. The sign is visually significant in at least two of the following regards: a. The sign possess a uniqueness and charm because it has aged gracefully. b. The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way. c. The sign compliments its architectural surroundings or is particularly well integrated into the structure. d. The sign is an inventive representation of the use, name, or logo of the building or business. D. Procedure for designation of heritage signs. The Planning Director shall review each application for heritage sign status on a case -by -case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Planning Commission regarding their assessment and the application's merit regarding the designation. The Planning Commission shall review staff findings and recommendations at a noticed public hearing. The Planning Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Planning Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage Sign Code Revisions — Public Review Draft —July 2005 Page - 52 IJl � �Ew?op} City of Newport Beach Vii; sign. Staffs additional analyses and recommendations shall be available for public review and comment prior to the Planning Commission's subsequent meeting for review and action on a heritage sign. Upon due consideration of staffs findings and recommendations plus all public testimony and comment, the Planning Commission may approve or deny designation of heritage sign status. E. Alteration of heritage signs. Designated heritage signs may be not be physically altered except for routine cleaning and general maintenance. Cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign in all respects. A designated heritage sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. If the character or defining features of a designated heritage sign are altered, its designation as a heritage sign shall be revoked and the sign shall be removed. Where applicable, the sign may be modified to conform to the requirements of this Chapter. Sign Code Revisions — Public Review Draft — July 2005 Page - 53 40 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT COUNCIL AG ND N0. I I 0.4a315 Agenda Item No. Ss2 Study Session August 9, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic development; Planning Department George A. Berger, AICP; Program Manager (949) 644 -3207; gaberger @city.newport- beach.ca.us SUBJECT: Comprehensive. Sign Code Update and Sign Design Guidelines Manual ISSUE: Update of Chapter 20.67 'of the Municipal Code and adoption of Sign Design Guidelines. RECOMMENDATION: Review and discuss recommendations; provide staff with direction on any revisions and on the proposed amortization program and incentives; and schedule public hearing for August 23, 2005. BACKGROUND: In June 2003, the City entered into a Professional Services Agreement with RBF Consulting, Inc. for a comprehensive update of the City's sign code (Chapter 20.67 of the Municipal Code) and preparation of a sign design guidelines manual. From that period forward the consultant met over a dozen times with City staff and a steering committee; completed several drafts of the Code sign design guidelines; and held hearings and received approval from the Planning Commission. To solicit broad public input including sign manufacturer /contractor participation, the consultant conducted four public workshops. An extensive effort to publicize the workshops on the new Sign Code included direct mailing to all homeowner's associations, approximately fifteen sign contractors, over ten thousand business owners Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 2 and commercial property owners and publishing two 118th page ads in the Daily Pilot. Informational pieces and invitations to the public workshops were distributed at Business Improvement District Board meetings, business association meetings, throughout City Hall, at the City's libraries throughout town, and at the Newport Beach Chamber's Business Expo. Staff and the consultant also presented the draft to the Economic Development Committee (EDC) in November 2004. Further, through the standard notification process and through staffs individual notification of interested parties, the public was notified and invited to attend the hearings of the Planning Commission. The ad hoc Steering Committee was comprised of representatives from the Business Improvements Districts, the City's two Chambers of Commerce, The Irvine Company, a community resident and a local architect. The nine - member Steering Committee met six times throughout the 2 -year public outreach and document drafting process, and at their last meeting on April 11, 2005, voted 5 — 0 (4 members were absent) to recommend adoption of the Code originally presented to the Planning Commission. In addition to staff team and Steering Committee meetings, a comprehensive analysis of the Code was conducted by the City Attorney, and by outside expert legal counsel. That expert legal counsel recommended changes to the proposed Code as a result of recent court decisions and rapidly- changing sign legislation, which included responding to Planning Commission questions throughout the hearing process. The proposed Code is the result of substantial discussion and legal review, and will provide the City with legally enforceable, updated sign regulations that enhance the aesthetic quality of future signage while protecting the ability of business owners to identify their businesses. Finally, the Steering Committee recommends that an amortization program for all signs becoming non - conforming be adopted when the new Code is implemented. The Planning Commission discussed the matter; and although they did not consider it within their purview to make a recommendation about the program's implementation, they did modify the types of signs to be considered for amortization. This, along with other important elements of the Code and Guidelines, is discussed in further detail below. The Code and Design Guidelines were addressed in detail by the Planning Commission at three public hearings (on May 5, June 9, and July 7); modified; and a copy of the Code approved by the Planning Commission is attached as Exhibit A. The Design Guidelines are attached as Exhibit B. Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 3 CODE PROVISIONS: Applicability. The new Code will apply to all new signs in Newport Beach, with the exception of the Newport Coast and Ridge Planned Communities and where sign regulations are not referenced in the Santa Ana Heights Specific Plan, and all other commercially -zoned Planned Communities. The Balboa Sign Overlay and Mariner's Mile sign regulations will be repealed since most of those provisions are incorporated into the new Code. It should be noted that there have been no changes proposed to the City's rules for real estate or service station signs. Regulations for service station signage have been established by state legislation, so the City is limited in its ability to regulate signs for such uses. Definitions. An expanded section for definitions clarifies existing and new sign nomenclature. New definitions for commercial mascots, projection signs and vehicle signs have been included. Signs that are not to be considered signs for regulatory purposes are also clarified; examples are interior signs, legal notices, architectural features, news racks and news stands. The Planning Commission's recent direction for the differentiation between painted signage and murals has also been integrated into the definitions. Prohibited Signs. The list of prohibited signage has been expanded to include abandoned signs, changeable copy signs (except as permitted through a Comprehensive Sign Program), portable 'a- frame' signs on private property, commercial mascot signs, pole signs, roof signs and vehicle signs. The prohibition of pole and roof signs is one of the more significant new provisions of the proposed code. The Steering Committee found these types of signs to be the most distracting from the community's aesthetics, and the most out -of -step with contemporary quality sign design. However, pylon and monument signs — freestanding signs that require more architectural treatment —are still allowed where appropriate. Sign Area Computation, Number of Signs and Sign Height. A significant revision in the proposed regulations is that the amount of total allowed building signage has been reduced from a maximum of 200 square feet to 75 square feet. This is a substantial reduction; it is, however, appropriate to the proportionate size of commercial buildings and storefront tenant spaces in Newport Beach, most of which have a relatively small amount of facade square footage, reducing the amount of sign - per - facade that is necessary for good public visibility. To allow for flexibility, though, several exceptions Will be available to applicants if warranted; through the approval of a modification permit, or by taking advantage of a newly - proposed component of the sign code —the Innovative Sign Program, which is discussed on page 5 of this report. Also new, applicants will now be required to designate 'primary' and 'secondary' frontages for building signage, whereas the previous Code allowed the same amount of signage on any side of a building. The new regulations propose allowing one -half of the sign face Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 4 area permitted on primary frontages on a secondary building frontage. This will reduce excess signage and significantly improve community aesthetics while still allowing sufficient business identification. The proposed Code also reduces overall sign height from 25 feet to 20 feet for pylon signs, and establishes an 8 -foot maximum height (with a 6 -foot average height) for freestanding monument signs. Of course, if an applicant desires additional signage, a request could be made for a Comprehensive Sign Program or a Modification Permit (both discussed on page 5). Illuminated Signs. Land use conflicts and concerns about excessive lighting have been issues in past sign approvals, and the proposed Code specifies more restrictive illumination requirements than the current regulations. Staff and the Steering Committee were particularly concerned with illuminated signs that face Newport Harbor. Although it is not a new concept in actual staff policy, the Steering Committee recommended that the Code incorporate the ability of the Planning Director to oversee a 30-day review period to determine whether a reduction in illumination is necessary due to negative impacts on surrounding property or to the community in general. The new Code stipulates that the Planning Director may order the dimming of any illumination found to be excessively bright. Standards for Specific Types of Permanent Signs. This section has been added to provide specific regulations for certain types of signs that have proven problematic in the past and which will be aesthetically improved with minimum design standards in the future. The new Code limits the amount of signs on awnings to 50 percent of the awning's surface, and prevents them from simply being backgrounds for signage. Freestanding signs will now be subject to site distance, landscape, and lettering size requirements. Luminous tube (neon/argon) signs will be allowed only if they produce less than 30 milliamps per circuit when adjacent to commercial properties and less than one -half foot- candle when adjacent to residential uses. Luminous tubing will no longer be allowed to outline windows, doors, and /or buildings. Standards for cabinet (also known as 'can' -type) signs have also been revised, both in their definition and their standards for approval. Although cabinet signs may still be internally or externally illuminated, internal illumination will be permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the actual lettering and /or a registered trademark or logo. This is a significant modernization, coming from within the sign industry itself, and a reversal from the past industry standard of installing a metal 'can' which is then fitted with a translucent Lexan panel on which lettering or logos are applied with opaque paint. Temporary Signs. The standards for temporary signs and banners have been revised to be somewhat more restrictive and to provide additional clarity for Code Enforcement Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 5 staff and the public. In particular, time limits have been reduced from 90 days to 60 days per calendar year; and, pending an amendment to Title 12 of the Municipal Code underway by the City Attorney's office, revocable encroachment permits will now be required for all portable a -frame signs in the public right -of -way. Regulations pertaining to the placement of temporary signage and requirements for temporary sign removal are also included. Modification Permits. To deviate from provisions pertaining to height, type, location, number and area of signs, a modification permit may be obtained. This is similar to the existing code, but the requirements have been expanded to incorporate recently adopted findings. Modification permits are now issued by the Zoning Administrator (ZA) instead of the Modifications Committee. Actions of the ZA may be appealed to the Planning Commission. Comprehensive Sign Program. The Balboa Sign Overlay, adopted in November 2000, included a Comprehensive Sign Program (CSP) process which will now be available citywide. The purpose of such a program is to integrate all of a project's signs, including any 'project identification' signage, with the overall site design; and to establish a unified architectural statement. Importantly, a CSP is intended to achieve, not circumvent, the intent and purpose of the new sign regulations. A CSP will be required for a number of projects including but not limited to: • any project with 3 or more tenant spaces; • theatre or cinema signage; • projects located on parcels with more than 300 lineal feet of frontage; • whenever signs are proposed to be located on or above the 2nd story on a multi- story building; and • applications that vary substantially from the basic regulations. It is proposed that Comprehensive Sign Programs will be subject to review and approval by the Zoning Administrator. However, the Planning Commission instituted a process by which significant increases in sign height (over 20 %) or area (over 30 %) would be subject to an additional Modification Permit. Innovative Sign Program. The Balboa Sign Overlay also established a "Creative Sign Program," which —based on input from legal counsel —has now been restructured as the "Innovative Sign Program" (ISP). It, too, is proposed for citywide use. The purpose of the ISP is to encourage signs that are unique in their design approach; and to provide a consistent review process for the application of regulations for unique signs. Upon adoption of a new Sign Code by the City Council, ISP applications will be subject to Planning Commission approval in order that the community's reviewing body ensures that the proposed sign(s) are consistent with the intent and purpose of the regulations and design guidelines. Although it is proposed that an applicant for an "innovative sign" Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 6 may request up to 20 percent more sign area than otherwise allowable, specific design criteria are included that deal with design elements, architectural criteria and contextual criteria so that the Code intent is carefully weighed. This program is designed in many ways to provide balance for the more stringent provisions proposed for sign area and for the general prohibition of roof and pole signage. Innovation in signage— particularly within the commercial viliages —is a part of the aesthetic fabric that separates Newport Beach from many of our surrounding communities, and is something expressed strongly by a majority of individuals at community meetings. Amortization of Nonconforming Signs. The existing sign regulations allow for the perpetual continuation of legal signs made nonconforming due to adoption of the new regulations if they do not become subject to nuisance or public safety concerns. The Steering Committee recommended that the new Sign Code establish a 15 -year amortization program for all signs that do not comply with the new regulations. The duration of an amortization period is mandated by California law. The Committee believes that to achieve the City's goals of improved signage citywide, an amortization program for the earliest possible removal of non - conforming signage is the most effective approach. Staff, however, has concerns that such an amortization program will be extremely costly, and substantially difficult to achieve. There are very specific legal requirements set forth in state law mandating an inventory of all nonconforming signs, noticing of all property owners, and complex administrative procedures for the full fifteen -year duration of the program. An inventory of all signs within the City to determine which signs are nonconforming would conceivably take many months of full -time work, at substantial cost; and —with the constant changeover in the business community —a citywide inventory would be out -dated from the moment it is begun. Further, the inventory would need almost constant updating, in that periodic notification of all sign owners (whether property or business owners, or both) is recommended, so that the completion of the fifteen year amortization does not come as a complete surprise to new owners of 'old' signs. Finally, the City's existing 'sign permit' system of record management has proven to be an obstacle to administration of even the existing Balboa Sign Overlay amortization program, in that there are many signs that pre -date the requirement for a permit of any kind, and the existing process of permitting signs through the building permit system has not required complete plan information so that the sign supposedly permitted can be verified as the sign that is presently installed. This process, of course, is proposed to be updated, and a new sign permit process has been proposed. An alternative that staff considers more manageable —and that the Planning Commission has recommended to the Council —is to limit the amortization program to a much smaller scope, consisting of four types of signs within the areas of concern for this r i Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 7 Code: 1) roof - mounted signs; 2) freestanding 'pole' signs; 3)'cabinet' (or 'can - type') signs with non - opaque backgrounds; and 4) signs with letters, text, logos, or symbols that are taller than permitted by the Code (larger than 36" tall). The number of these signs is far fewer than the total number of all potentially- nonconforming signs Citywide, and the inventory and management of this number would be possible over the years. Additionally, opposition to these types of signs throughout the public outreach process suggests that amortizing them would be supported by the community. Additional study would be required to determine the actual cost associated with this type of amortization program, but an estimate has been provided at $28,000, plus a fairly large contingency built in due to the extreme uncertainty of this type of combination field visual and engineering survey work. Another altemative may be to limit the amortization of signs (or certain types or signs) to specific geographic area(s), such as Corona del Mar, Mariner's Mile, or Old Newport Boulevard. Additional study would also be required to determine costs associated with this type of amortization, program. Incentive Program. The Steering Committee also recommends that, in addition to the 15 -year amortization program for all signs, financial incentives should be provided to encourage earlier removal of non - conforming signs — similar to those established by the Balboa Sign Overlay. Items in the BSO incentive program included: • financial reimbursement for removal of legal non - conforming sign(s); professional design services to replace the non - conforming sign(s) with a conforming one(s); construction and installation of the selected sign, and waiver of all fees for a new sign permit during the initial year of the program; • financial reimbursement for the removal of legal non - conforming sign(s); professional design services for conforming designs, and waiver of all fees for a new sign permit for the second and third program years but the applicant was obligated to have the sign constructed and installed at their expense; • financial reimbursement for the removal of the legal non - conforming sign(s), along with the waiver of all fees for a new sign permit for the fourth and fifth program years; • and finally, financial reimbursement to the applicant for fifty percent (50 %) of the cost to remove and dispose of the non - conforming sign(s); and waiver of all fees for a new sign permit during the sixth and seventh program years. It should be noted that although an outreach effort consisting of letters mailed directly to sign owners —and even .direct contact with some owners —was conducted, the City received only a very limited number of requests for the financial incentives. Based on Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 8 that limited success over a three -year period, funding for the incentive program has not been renewed by the Council, and the Planning Commission did not recommend it. Should, however, the City Council determine to include financial incentives, staff recommends that a more limited and simple program be established. Staff suggests a specific financial incentive be provided for the early removal of a (qualifying) non- conforming sign and installation of a conforming sign. Possible incentives could be specific dollar amounts (perhaps declining over time) or the waiver of permit fees. Heritage Signs. On their adoption, the Mariner's Mile sign regulations provided for a new concept known as 'Heritage Signs.' The designation of a sign as a 'heritage sign' allows for the continued existence of an otherwise nonconforming sign if the sign, or the establishment associated with the sign, is determined to have historical or local significance. The Steering Committee recommends that these regulations be applied citywide, has recommended provisions that pertain to process, criteria, appeals and alteration, and has recommended that the City also be allowed to act as an applicant for the heritage sign process. A preliminary list of possible signs being considered for Heritage Sign status has been generated; staff is attempting to verify the ages and applicability of those signs for the program, and has attached it as a preliminary review draft. SIGN DESIGN GUIDELINES MANUAL: A Sign Design Guidelines Manual is intended to supplement the new sign regulations. The guidelines establish criteria for the creation of well- designed signs, and further the intent and purpose of the new sign code. The manual will assist business owners and sign designers in the creation of new signs that meet the City's expectation for well- designed, quality signs. City staff will also benefit from the Guidelines when reviewing sign permit applications, since criteria are included to help to judge the appropriateness of a sign's design. It is important to note that the Guidelines are not strict "standards" as are found in the sign regulations. The approval authority— whether staff or the Planning Commission — may interpret the Design Guidelines with some flexibility as they are applied to specific signs /projects. This is in recognition that not all design criteria may be applicable or appropriate for each sign or project. Although the process is continually being refined, staff and applicants have worked together to obtain consensus on signage that is appropriate to the area as well as to the business being advertised in the areas covered by both the Balboa Sign Overlay and the Mariner's Mile Design Framework. The Design Guidelines Manual includes guidelines for compatibility, legibility, location, color, illumination, materials, and construction. Specific criteria are also given for wall Sign Code Regulations and Sign Design Guidelines City Council Study Session August 9, 2005 Page 9 and building signs, projecting signs, window signs, awning signs, freestanding monument signs and figurative signs. Environmental Review: Exempt from environmental documentation subject to Section 15061 (b) (3) (General Rule) of the CEQA Guidelines, as the revised Sign Code does not have the potential for causing a significant impact on the environment. Further, the proposed amendment is in compliance with City Council Policy K -3 (Implementation Procedures for the California Environmental Quality Act) Section (D) (2) ( c ). Prepaled by: Submitted by: I f-ot-Mi4ftatp i' 9ERGER, SHARON • � ED rROGRAM MANMER ASSISTANT CI MANAGER Attachments: Exhibit A — Proposed Sign Code Exhibit B — Proposed Sign Design Guidelines Exhibit C — Preliminary "Heritage" Sign List (Draft) Exhibit D — Planning Commission Minutes: May 5, June 9, and July 7, 2005, and Planning Commission Reso. No. 1672 EXHIBIT A PROPOSED SIGN CODE City of Newport Beach Chapter 20.67 20.67.xxx — Purpose .................................................................................... ..............................2 20.67.xxx — Effect of Chapter ...................................................................... ..............................3 20.67.xxx — Definitions ................................................................................ ..............................6 20.67.xxx— Prohibited Signs ...................................................................... .............................14 20.67.xxx — Provisions Applying to All Sign Types ..................................... .............................15 20.67.xxx — Standards for Permanent Signs .............................................. .............................18 20.67.xxx — Standards for Specific Types of Permanent Signs .................. .............................24 20.67.xxx — Standards for Temporary Signs .............................................. .............................36 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations .............................40 20.67.xxx — Modification Permit ................................................................. .............................44 20.67.xxx — Comprehensive Sign Program ................................................. .............................44 20.67.xxx — Innovative Sign Program ........................................................ .............................46 20.67.xxx — Nonconforming Signs .............................................................. .............................47 20.67.xxx — Abandoned Signs .................................................................... .............................49 20.67.xxx — Illegal Signs ............................................................................ .............................49 20.67.xxx — Maintenance Requirements .................................................... .............................50 20.67.xxx — Heritage Signs ......................................................................... .............................51 Sign Code Revisions — Public Review Draft — 3uly 2005 Page - 1 City of Newport Beach Sections: 20.67.xxx — Purpose 20.67.xxx — Effect of Chapter 20.67.xxx — Definitions 20.67.xxx — Prohibited Signs 20.67.xxx — Provisions Applying to All Sign Types 20.67.xxx — Standards for Permanent Signs 20.67.xxx — Standards for Specific Types of Permanent Signs 20.67.xxx — Standards for Temporary Signs 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations 20.67.xxx — Modification Permit 20.67.xxx — Comprehensive Sign Program 20.67.xxx — Innovative Sign Program 20.67.xxx — Nonconforming Signs 20.67.xxx — Abandoned Signs 20.67.xxx — Illegal Signs 20.67.xxx — Maintenance Requirements 20.67.xxx — Heritage Signs 20.67.xxx — Purpose m j ,� G4rOPMJ The City of Newport Beach is a unique community located in an extraordinary environmental setting. Because of the need to protect and enhance the City's unique character and aesthetic standards, to protect public safety and property values, and to promote tourism through enhanced. aesthetic appeal, the City Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this Chapter is as follows: A. Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed. B. Preserve and enhance the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. C. Encourage signs that are well designed and that attract and invite rather than demand the public's attention. Sign Code Revisions — July 2005 Page - 2 1 a' City of Newport Beach C�4[onM`� � `�_ D. Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. E. Ensure freedom of expression' for sign uses, including noncommercial speech, by maintaining a content - neutral approach to sign regulation. F. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors. G. Provide a review and approval process for signs to ensure compliance with the requirements of this Chapter. 2O.67.xxx — Effect of Chapter A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City of Newport Beach and over which the City has zoning authority. Regulations for signs on public property are codified in Chapter 13.xx.xxx (Public Rights of Way). B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning districts that come within the regulatory scope as defined in Paragraph A, above, unless specifically exempted. In addition, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties, and a method of enforcement shall also apply. Applications for sign permits that comply with the requirements of this Chapter, and other applicable laws, shall be approved. Sign Permits shall be required in compliance with Section 20.67.xxx (Procedures for Sign Approval, Exceptions, and Revocations). Where approval of a use permit, variance, Modification Permit, site plan review, or design approval has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter. C. Sign Permit required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. In addition, signs that require a Sign Permit shall be subject to approval by the Planning Director, Zoning Administrator, or Planning Commission in conjunction with their sign approval authority. Only signs that comply with the provisions of this Chapter shall be approved. Additionally, the sign design guidelines that have been adopted by the City Council shall be applied to guide the Planning Director, Zoning Administrator, and /or Planning Commission in administering this Chapter. Content of a noncommercial message shall not be considered when any required sign permit application is reviewed. Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on -site sign. Refer to Section 20.67.xxx (Procedures of Sign Approval, Exceptions, and Revocations) for Sign Permit requirements. Sign Code Revisions — July 2005 Page - 3 13 t a City of Newport Beach D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 20.67.xxx (Nonconforming Signs). E. Planned Community Districts. In Planned Community (PC) Districts, sign regulations contained in the planned community development plan shall supersede the requirements of this Chapter. If the planned community development plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail. Service station signs in Planned Community Districts shall be subject to the provisions of Section 20.67.xxx.(k)(2) (Service station signs) unless more restrictive sign regulations are contained in the planned community development plan. F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights Specific Plan area are subject to the provisions set forth in the Specific Plan document. The regulations contained in the Santa Ana Heights Specific Plan shall supersede the requirements of this Chapter. 20.67.xxx — General Provisions The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages and viewpoint neutral as to commercial messages. B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on'the most similar sign type that is expressly regulated by this Chapter. C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. Sign Code Revisions — July 2005 Page - 4 )q . 5 City of Newport Beach 0 D. Rules for non - communicative aspects of signs. Rules and regulations concerning the non - communicative aspects of signs, (e.g., type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or approval process. E. Multiple use zones. In a zone where both residential and non - residential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and non- residential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a Conditional Use Permit or similar discretionary process. F. Billboard policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code section 5412. G. Property owners' consent Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property. H. Legal nature of signage rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign - related provisions in private leases, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures. Sign Code Revisions — July 2005 Page - 5 15 City of Newport Beach (. ,e � I. Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed for specific developments and Planned Communities, as well as special sign districts or special sign overlay zones, when approved by the Zoning Administrator and /or Planning Commission may modify the rules provided in this Chapter as to sign size, height, illumination, spacing, orientation, or other noncom municative aspects of signs, but may not override or modify any of the General Provisions in this section. All of the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. 20.67.xxx — Definitions For purposes of this Chapter, the following definitions shall apply A -Frame Sign. A freestanding portable sign typically constructed of wood, metal, or plastic. Such signs are usually small and are removed at the close of business. 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. Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has ceased or is located upon a structure that has been abandoned by its owner, for more than 90 days. Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner or product available upon the site; or that identifies or advertises an event or activity that has occurred. Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind - actuated and other elements such as balloons, bunting, flags, pennants, streamers, whirligigs, or other similar devices. Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. Back -lit Awning. An internally illuminated, fixed, space -frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Banner Sign. A sign made of fabric or any nonrigid material with no enclosing framework. Billboard. A permanent structure used for the display of offsite commercial messages. Building Frontage. The building elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway. Sign Code Revisions —3uly 2005 Page - 6 )(P lfwx� City of Newport Beach a `,�� G4iOPP�r Building Frontage, Primary. The building frontage that is designated by an applicant as the "primary frontage" for the purpose of determining the applicable sign standards and that does notface a residential district. Building Frontage, Secondary. The building frontage that is designated "by an applicant for a Sign Permit as a "secondary frontage" for the purpose of determining the applicable sign standards, and that does not immediately face a residential zoning district. Building Sign. A sign attached to or painted on a building. Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material. Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped ("pan face") and are attached to a metal frame (cabinet). Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or fabric materials extending from the main entrance of a building. Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip - disks, incandescent lamps, fluorescent lamps, fiber optics, light - emitting diodes, liquid crystal displays, plasma - displays, field emission displays, or any other mechanical or light- emitting matrix to convey changing copy or images. Also considered an animated sign. Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards, and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. Commercial Message. A message displayed on a sign that relates primarily to economic interests such as the exchange of goods or services. This definition shall automatically incorporate court rulings defining the term "commercial speech." Construction Project Sign. A temporary sign displayed on the site of a construction project during the period of construction that provides information about the project, which may contain the names of architects, landscape architects, engineers, and contractors working on the project, future tenants, finance institutions, real estate representatives, and similar persons /organizations involved in the project begins with the issuance of a building permit, or Sign Code Revisions — July 2005 Page - 7 11 City of Newport Beach 9 its functional equivalent, and ends with the issuance of the earliest of the following: a certificate of completion, a certificate of occupancy, a final inspection sign -off, or the functional equivalent of any of them. Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Department. The Planning Department of the City of Newport Beach. Directional Sign. An on- premise sign giving directions, instructions, or facility information of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Directory Sign. A sign listing the tenants or occupants of a building or building complex. Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. Double -Faced Sign. A sign designed with the intent of providing copy on both sides. Double -Faced Sign Electrical Raceway. A utilitarian metal channel used for the electrical components of an illuminated sign; and not designed as an architectural feature. Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, "establishment' includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home -based occupations or hobbies. Externally Illuminated Sign. A sign illuminated from an exterior light source. Facade. The entire building elevation, including the parapet. Sign Code Revisions — July 2005 Page - 8 ` q City of Newport Beach d Face of Sign. The area of a sign on which the copy is placed. Facia. Typically, the smooth wall surface between a window and the parapet Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration. Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground- mounted signs (monument signs). Freestanding Monument Sign Freestanding Pylon Sign Frontage, Street. The length of the property line of a parcel along a right -of -way on which it borders. Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet occupied the building or opened its establishment. Illegal Sign. A sign that does not meet the requirements of this chapter and that is not a legal nonconforming sign. Illuminated Sign. A sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area. Sign Code Revisions — July 2005 Page - 9 � 9 City of Newport Beach 0 Innovative Sign. A sign that incorporates design elements, objects, shapes, materials or techniques that may cause the sign to not conform to certain dimensional or placement requirements of this Code, approval of which is subject to meeting the objective criteria described in Section 20.67.xxx (Innovative Sign Program), below. Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet. Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business or presence of parking. Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only. Inflated Display Sign. A three - dimensional object filled or activated by moving or non- moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium devices commonly used for children's parties. Logo. A sign consisting of a trademark or symbol used to identify a business. Luminous Tube Signs. A sign that consists of or is illuminated by exposed electfically- charged gas -filled tubing, such as neon and argon signs, or by fiber optics. Monument Sign. A freestanding sign supported by a solid architectural element at its base. Multiple Family Structure. A residential structure containing 3 or more living units. Mural. An artistic image or design painted or affixed to the exterior surface of a structure that does not contain a commercial or noncommercial text or message. Nameplate. A sign indicating the name and /or address of a building or occupant. Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform to the current standards of this chapter or is now prohibited. Signs that do not conform with the current standards of this chapter or are now prohibited but were erected pursuant to an approved variance, Modification Permit, Conditional Use Permit and /or the Comprehensive Sign Program do not fall within the definition of nonconforming signs. Noncommercial Message. A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term "noncommercial speech." Off -site Message. A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off- site /on -site distinction applies only to commercial messages. Sign Code Revisions —July 2005 Page - 10 a_o City of Newport Beach a 9 On -site Message. A message on a sign advertising the business, accommodations, services, or activities provided on the premises on which the sign is located. The off- site /on -site distinction applies only to commercial messages. Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall, including fences. Parapet. The extension of a false front or wall above a roofline. Pedestrian Sign. A sign designed to be viewed at a pedestrian level Permanent Sign. A sign designed with durable materials and intended to be used in excess of 60 days per calendar year. Planning Director. For purposes of this Section only, the Director of the City's Planning Department, or the Director's designee. Pole Sign. A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Projector Sign. A sign that is projected onto a surface using an intense source of illumination to project the image. Projecting Sign. A sign that projects from and is supported by a wall of a building. Projection. The distance by which a sign extends from the building it is supported by. Sign Projection Sign Code Revisions —July 2005 Page - 11 City of Newport Beach �^�.onNs � � ,� Promotional Temporary Banner. A temporary sign or banner displayed by an establishment to advertise events such as sales, seasonal events, liquidation sales, and going out of business sales. Public Service Sign. Signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags. Pylon Sign. A sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least 6 inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support. Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy, such as hotel or motel accommodations. Residential Name or Identification Sign. A sign identifying the name or address of a residence and /or its occupants. Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant, visible from the public right of way. Rider. A small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections. Roof Sign. A sign erected upon or above a roof of a building. Sign. Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right -of -way or parking area. The following are notwithin the definition of "sign" for regulatory purposes of this Chapter: a. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet from the window, provided the building or enclosed structure is otherwise legal; b. Architectural features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts); Sign Code Revisions —July 2005 Page - 12 a a City of Newport Beach <i.onMJ c. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices; d. Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale; e. Fireworks and other lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter. f. Newsracks or newsstands. g. Legally required information, such as public notices, registration or licensing information, etc. h. Murals. Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign. Service Station. An establishment that offers for sale or sells gasoline or other motor vehicle fuel to the public. Super Graphic Images, graphic elements, and logos, including required corporate logos, that are affixed to or painted on a structure, that may not be the textual portion of a sign. Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time. Tenant Frontage. That portion of a multi- tenant building facade that is devoted to a single tenant. Valance. The part of an awning that hangs vertically down from the shed (sloped) portion of an awning. Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs: a. License plates. b. License plate frames. Sign Code Revisions —July 2005 Page - 13 23 City of Newport Beach c. Registration insignia. 39 d. Noncommercial messages painted on or otherwise attached in a manner such that the vehicle can be legally operated on public rights -of -way, or any noncommercial message that does not exceed a total of three square feet in size. e. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner such that the vehicle can be operated on public rights -of -way. f. Commercial messages that do not exceed a total of three square feet in size. g. Commercial messages on duly licensed mass transit vehicles that pass through the City. Wall Sign. A sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Window Sign. A sign that is applied or attached to a window or located within 5 feet of the inside of a window in manner that it can be seen from the exterior of the structure. 20.67.xxx — Prohibited Signs The following signs and sign types shall be prohibited throughout all zoning districts of the City. A. Painted signs. Painted signs on fences or roofs except addresses. B. Hazardous location. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window, or public way or are otherwise hazardous. C. Signs with off -site commercial messages. Signs shall not advertise a business, accommodation, service or activity not provided on the premises on which the sign is located. The off - site /on -site distinction shall only apply to commercial messages. D. Beams of light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal. E. Luminous tube lighting (e.g., neon, rope lighting). Luminous tube lighting shall not be used to outline or frame doors and /or windows. F. Prohibited sign types: Sign Code Revisions —July 2005 Page - 14 a City of Newport Beach a 1. A -frame signs. 2. Animated signs. 3. Changeable copy signs, except as a component of another type sign allowed . through the Comprehensive Sign Program. 4. Commercial mascots. 5. Inflated display signs. 6. Pole signs. 7. Roof signs, unless a variance is granted. 8. Vehicle signs, subject to the definition of Vehicle Signs in 20.67.xxx (Definitions), above. 20.67.xxx — Provisions Applying to All Sign Types A. Compliance required. No person shall erect, re -erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Zoning Code. B. Uncertainty of Chapter provisions. The Planning Commission shall have the authority to interpret the provisions of this Chapter at the request of the Planning Director, or when an appeal for a decision of the Planning Director is filed with the Planning Commission in compliance with Section 20.95 of this Chapter. C. Sign construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign. D. Sign area computation. The allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a "primary" or "secondary" building /tenant frontage (as defined in this Chapter) and then referring to the tables in Section 20.67.xxx (Standards for Permanent Signs). The allowed sign area for a freestanding sign is determined by the number of linear feet of the street frontage where the sign is to be placed in compliance with the tables in Section 20.67.xxx. Sign Code Revisions —3uly 2005 Page - 15 act City of Newport Beach 2. The entire area contained within the frame, cabinet, fixture, or design, including all ornamentation, super graphics, or other decoration used to attract attention that can be enclosed in no more than 4 lines drawn at right angles shall be included in the measurement of sign area. In the case of "skeleton" or °cut -out" letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, logos, or symbols within a single continuous perimeter with no more than 4 lines drawn at right angles (square or rectangle). r OW IRA I tik�[£Ati � t ZSif ( DECAL ofg I I 1 1 .. Me$WE 1 I 1 F its MV NJ WIDTH I. I p.tsxE L'- WIDTH S1G0 A*d -WIDTH x H8M Sign Area 3. Only one face of a double -faced sign shall be counted in computing the permitted area of the sign. Double -faced (back -to -back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed 2 feet at any point. If the sign is multi- faced, then each face shall be counted in computing the permitted area of the sign. Sign Code Revisions — July 2005 Page - 16 City of Newport Beach B�,E"°oe' m o +�ro.rr 4. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area. 5. Where a sign consists of one or more three - dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. Signs may not contain three - dimensional objects that exceed a projection of 6 inches from the sign face, unless such signs are allowed as part of an approved Innovative Sign Program. F. Sign height measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the grade of the adjacent street or the surface grade beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site. G. Maximum letter /logo height The maximum height of any letter, text, logo, or symbol shall be 36 inches. H. Sign removal or replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building. I. Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and /or a registered trademark or logo. 3. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign including signs that face Newport Bay. 4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. 5. Reflective -type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right -of -way or adjacent property. 6. Light sources shall utilize energy - efficient fixtures to the greatest extent possible. Sign Code Revisions —3uly 2005 Page - 17 �� City of Newport Beach d`�,Ewro e Each illuminated sign shall be subject to a 30 -day review period, during which time the Planning Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Planning Director may order the dimming of any illumination found to be excessively bright. The Director's determination will be made without regard to the message content of the sign. 20.67.xxx — Standards for Permanent Signs Tables 20.xx, 20.xx, and 20.xx provide regulations for permanent signs in residential, nonresidential, institutional, and open space zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. 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( R 3 f _ _ ;{ a\ \ \ 73 { AA v 32 ! \ Ll u - | � \ ) \{ \ \ \§ / \ \=E # \ ) I j) \{ \§ / \=E ;\ ƒ Ln 8 \\ \ @ 0 \\ \ k )( ( k 20 ) a \( 0 \ _ = 2 \ �/ 0 /\ u $ I j) City of Newport Beach e'i POk> O��r G . 20.67.xxx — Standards for Specific Types of Permanent Signs A. Awning signs. 1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel — shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning. 2. Only permanent signs that are an integral part of the awning shall be allowed. Temporary signs shall not be placed on awnings. 3. Awning signs shall be allowed for first and second story commercial occupancies only. 4. Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The upper most part of an awning shall not be located more than 2 feet above a window or door. 5. Awnings shall not be lighted from under the awning (back -lit awning) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed. 6. A minimum of 8 feet of clearance shall be provided between the lowest part of an awning and the grade below. Il Required Clearance Below Awning Sign Code Revisions — Public Review Draft — July 2005 Page - 24 1 3 City of Newport Beach 0 B. Changeable copy signs. A sign that contains a changeable copy element may be permitted through the approval of a Comprehensive Sign Program in compliance with Section 20.67.xxx (Comprehensive Sign Program) provided the changeable copy element is a component of another sign type permitted under the provisions of this Chapter. Approval shall not be based on message content. C. Freestanding signs. 1. Freestanding signs include ground- mounted signs (monument) and pylon signs. Freestanding signs shall be allowed only for parcels with at least 50 feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of 40 feet. 2. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below: a. Pylon sign: Maximum height = 20 feet b. Monument sign: Maximum average height = 6 feet; Maximum overall height = 8 feet, including decorative elements and architectural features c. Proportional dimensions shall be as follows: Sign Code Revisions — Public Review Draft — July 2005 Page - 25 3) City of Newport Beach 1) Pylon Sign Maximum W = 30% x H Maximum LH = 33% x H Maximum 0 = 50% x W Minimum LW = 25% x W 2) Monument Sign H= height inclusive of the base W= width exclusive of the base Maximum W= 1.5 x average H max. avg.he�ght max. 6' he k.1hi P' .: .wl ed0ape F 2i"�Rr 0 0 4i� „J W= 0% oI H max. height SIC,N AREA max. 6' avg. height H = heyh, SIGN wdfth AREA LW =1e9 l, widA LH =1eq helyhl O = epeninq ,eight O. 30' SSo %afW 1f —T LH =33% of N U� LW =zs %.1 W max. W= 1.5 x average height max. SIGN AREA avg. height 6' H =height including base W = width .�. --� Sign Code Revisions — Public Review Draft — July 2005 Page - 26 3( max. height SIC,N AREA max. 6' avg. height 6' .�. --� Sign Code Revisions — Public Review Draft — July 2005 Page - 26 3( City of Newport Beach � ?EW �Rr 0 0 U.� S 5'`m�; 3. Freestanding signs shall be set back a minimum of 5 feet from a street or interior property line and a minimum of 10 feet from the edge of a driveway. 4. To ensure the readability of freestanding signs, the minimum letter size allowed shall be 12 inches. Sign copy shall not be located closer than one half -letter height to the sign edge or other line of copy. S. There shall be a minimum of 50 feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. 6. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property. 7. Freestanding signs shall not block visibility for motorists at intersections or driveways. 8. Freestanding signs shall not project over any building, or over any on -site driveway or vehicle circulation area. 9. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 10. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. The Planning Director may waive or modify this requirement on a case -by -case basis to take into account existing conditions. 11. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowed sign area. Sign Code Revisions — Public Review Draft — July 2005 Page - 27 31 City of Newport Beach Ground Sign with Appropriate Address &?�W�"m c�.,'apxr D. Luminous tube signs. The use of luminous tubes for signs shall be allowed in commercial zoning districts only subject to the following requirements. 1. Luminous tube signs shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the sign. 2. The manufacturer shall be registered with Underwriters Laboratories. 3. Tubing shall not exceed one half inch in diameter. 4. Luminous tube lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line. 5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials. 6. Luminous tube lighting that surrounds a window, door, or similar element is not allowed. E. Pedestrian - oriented signs. 1. Signs may be placed perpendicular to the building facade (projecting) or mounted flat against the wall near the building entrance. 2. Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign. 3. Double -faced projecting signs shall be considered a single -face sign for the purpose of calculating sign area. Sign Code Revisions— Public Review Draft —July 2005 Page - 28 3� �iW aORT City of Newport Beach 'a= �a �t�ioP F. Projecting signs. 1. Signs shall not project more than 5 feet over public property and shall not project to within 2 feet of the curb line. The distance any sign may project over public property or beyond a required setback line is governed by the following table: Distance Above Sidewalk or 4 1 Grade Immediately 8' -10' >10' -12' >12' and up Below 12' Sign. Maximum Projection 10' Over Property Line or Building 3' 4' 5' Line. c Projecting Sign 5' Maximum Sign Projection Sign Code Revisions — Public Review Draft — July 2005 Line "A. "At street comers, signs may extend to Line "A" at an angle of 45° Page - 29 3°l -- 4 1 3' 12' 10' c Ia` Maximum Sign Projection Sign Code Revisions — Public Review Draft — July 2005 Line "A. "At street comers, signs may extend to Line "A" at an angle of 45° Page - 29 3°l City of Newport Beach �EWPpNT pF� �%'.6QQ J S V 2. The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows: Projection -� 5' 4' 1 3' 1 2' 1 Maximum Thickness 2' 2' -8" 1 3' -4" 4' 3. Maximum sign area shall be 20 square feet for a primary frontage and 10 square feet for a secondary frontage. 4. Projecting signs shall provide a minimum vertical clearance of 8 feet above the surface over which they project. 5. Projecting signs shall not project into an alley or parking area more than 3 feet and shall not be less than 14 feet above the surface where vehicles are allowed. 6. Internally illuminated projecting signs shall have opaque face panels so that only the letters, number, symbols, or logos appear illuminated. 7. Projecting signs shall not be closer than 10 feet to another projecting sign or to a freestanding sign or 5 feet from an interior property line or line dividing 2 separate business frontages. 8. Projecting signs shall not project above an apparent eave or parapet, including the eave of a mansard or simulated mansard roof or above the bottom of a third -story window. G. Projector sign. 1. A projector sign shall project only upon the property occupied by the associated use or the public right -of -way within 10 feet of the building occupied by the use. 2. The sign area of the projector sign shall be included within the overall allowed sign area for the use. 3. Illumination from the projector mechanism shall not pose a hazard for pedestrians or motorists and shall be screened from view to the maximum extent feasible. H. Signs on architectural projections. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature (e.g., canopy) located not more than 15 feet above street level. 1. Signs may be erected on top of an architectural projection provided the sign is comprised of three - dimensional letters only that do not exceed 18 inches in height. No internal illumination is allowed. Sign Code Revisions — Public Review Draft — July 2005 Page - 30 City of Newport Beach SEW POgr 04 l� 2. Signs may be attached to the face of an architectural projection provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of 18 inches. No internal illumination is allowed. 3. The maximum sign area for signs mounted on architectural projections shall be included with other permitted signs identified in Table 20XK (Standards for Permanent Signs). 4. Signs may be placed below and may be supported by an architectural projection provided the sign shall not exceed 4 feet in length and 16 inches in height. Internally illuminated signs are not allowed. Signs shall not be less than 8 feet above the sidewalk and shall be placed perpendicular to the face of the building. I. Wall signs. 1. Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. I 'O. . v f ✓� Appropriate Wall Sign Location Sign Code Revisions— Public Review Draft —July 2005 Page - 31 �1 City of Newport Beach 0 Not Allowed 2. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. Required Separation of Wall Signs 3. Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Subsection 20.67.xxx.I (Illuminated Signs). 4. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. 5. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. Sign Code Revisions — Public Review Draft — July 2005 Page - 32 City of Newport Beach ( 81Ew�� _� 6. Signs shall be located within the middle 50 percent of the building or tenant frontage measured from lease line to lease line. The Planning Director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement. Appropriate Wall Sign Location 7. Signs att ached to the sloping face of hipped /sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Modification Permit. J. Window signs, permanent and temporary . 1, Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls. 2. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. 3. Signs shalt be permanently painted or mounted on the inside of windows and doors except for allowed temporary signs. 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. Sign Code Revisions— Public Review Draft —July 2005 Page - 33 � 3 I Appropriate Wall Sign Location 7. Signs att ached to the sloping face of hipped /sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Modification Permit. J. Window signs, permanent and temporary . 1, Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls. 2. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. 3. Signs shalt be permanently painted or mounted on the inside of windows and doors except for allowed temporary signs. 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. Sign Code Revisions— Public Review Draft —July 2005 Page - 33 � 3 �t City of Newport Beach J 1f.WPpq 9 K. Miscellaneous signs. 1. Business directory signs. Multi- tenant buildings are allowed tenant directory signs with a maximum area of 8 square feet each. No illumination is allowed. 2. Service station signs. The following regulations shall be applicable to service stations, in addition to all other provisions of this Chapter. a. General. (1) Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. (2) Instructional and warning signs and signs required or authorized by state or federal law shall be exempt from the provisions of this section. b. Ground signs. (1) Number. One per site. (2) Area. Not to exceed 20 square feet, 36 square feet when combined with a fuel price sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. Ground signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. c. Fuel price signs. (1) Number. One per street frontage. (2) Area. Twelve square feet per sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. (a) Separate fuel price signs shall only be permitted in lieu of the 36- square foot combined ground sign /fuel price sign permitted in this Subsection. (b) Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this section. Sign Code Revisions — Public Review Draft — July 2005 Page - 34 q �1 ,e City of Newport Beach � 416Wfb? �� (c) Fuel price signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. d. Wall signs. (1) Number. One per building frontage. (2) Area. The area of a wall sign shall not exceed 1 square foot for each lineal foot of building frontage. (3) Length. The length of a wall sign may be up to 50 percent of the building frontage, not to exceed 30 feet. e. Canopy signs. (1) Type. Signs on service station canopies shall be limited to logos only. (2) Number. One canopy sign per street frontage. (3) Area. The area of a canopy sign shall not exceed 6 square feet. (4) Additional Regulations. Canopy signs shall not extend beyond the gable or fascia board of the canopy. f. Service island signs. One sign, not exceeding 4 square feet, shall be permitted on or in front of each end of a service island to identify methods of sale (i.e., self -serve or full- serve). g. Window signs. (1) Number. One per window. (2) Area. No permanent window sign shall cover more than 20 percent of the visible window area. (3) Materials. Permanent window signs shall be applied directly to the window surface. h. Temporary signs. Refer to Section 20.67.xxx (Standards for Temporary Signs) Sign Code Revisions — Public Review Draft —July 2005 Page - 35 45 O City of Newport Beach (M 20.67.xxx — Standards for Temporary Signs A. Number, size, and duration allowed. Table 20.XX provides standards under which temporary signs are allowed. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than 20 percent of any window. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the table and regulations provided for general or specific sign types, the general regulations or regulations for specific sign types shall take precedence. Sign Code Revisions — Public Review Draft — July 2005 Page - 36 j If I City of Newport Beach TABLE 20 -XX TEMPORARY SIGNS ��.� ?Ew�R> o�` 1m i� Sign Type Maximum Maximum Maximum Duration Additional _I Number I Area Height LRequirements . 75 sq. ft. for Up to 4 times Promotional 1 sign per site, banner, 3 sq. ft. 10 ft. or bottom Subject to all temporary including window for rigid sign. of lowest second per year, not to requirements of this banners. signs. Window signs, floor window. exceed 60 days Section. 20% of any total per year. window area. Establishment One sign per building Same as for Same as for 60 days per Allowed only while dentification. frontage. permanent signs. permanent signs. calendar year. permanent signs are being obtained. Displayed after issuance of building permit or equivalent; Only on the Construction 32 sq. ft. per 8 ft. in shall be property where project signs. 1 sign per street sign in non- nonresidential. removed after construction is frontage, 2 signs residential. 4 ft. in earliest of taking place and Nonresidential maximum 6 sq. ft. in residential certificate of shall not obstruct and Residential residential completion, visibility at certificate of intersections. occupancy, or final building inspection. Mounted only on portable easel -type Restaurant menu During hours structures; only on 1 per restaurant 4 sq. ft. per sign. 5 ft. establishment is property of the signs open. establishment within 10 ft of the primary entrance. Real estate signs for residential and Allowed in compliance with Subsection 20.67.xxx.I (Real estate signs), below nonresidential Temporary Sign Permit not required. properties Search lights, Klieg lights Allowed in conjunction with Special Event Permit. Shall be placed Yard sale sign 1 sign per street 3 sq. ft 4 ft. 2 days within a only on the frontage 30 -day period. property where the sale is being held. Sign Code Revisions — Public Review Draft —July 2005 Page - 37 �1 City o4�Ww?oR� of Newport Beach �� TABLE 20 -XX TEMPORARY SIGNS Sign Type Maximum Maximum i Maximum f Number Area i Height D. Placement of temporary signs. Duration Additional Requirements IAllowea in compliance with 20.67.xoa.13 (Exemptions to Sign Permit requirement), below. 1. Signs are allowed on private property only and shall not be placed in public rights -of- way or at off -site locations. 2. Signs may be placed only on building frontages in locations where permanent signs are allowed. 3. Sign shall not be attached to temporary structures, except restaurant menu signs, which may be attached to easel -like structures. E. Illumination prohibited. Signs shall not be illuminated. F. Durable materials required. Signs shall be constructed of durable material suitable to their location and purpose. G. Removal of signs. Temporary signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. H. Real estate signs. 1. Residential Districts. a. Real estate signs are permitted, on a temporary basis, in residential zoning districts, subject to the criteria provided in this Subsection. (1) In the R -A, R -1, R -1.5, R -2, MFR and PRD Districts, as well as PC Districts that provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: Sign Code Revisions — Public Review Draft — 3uly 2005 Page - 38 4 City of Newport Beach OF ° ,� �FVY�RT '1 (a) One sign per lot except as provided in Subsections (e) and (f) below; (i) The sign shall not exceed 216 square inches (1.5 square feet); (ii) The sign may have one rider not to exceed 94 square inches; (iii) The sign may include one brochure box not to exceed 154 square inches. For purposes of this section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent, or exchange; (iv)The overall height of the installed sign, rider, and brochure box shall not exceed 4 feet above ground unless the sign is mounted flush to a wall; (b) The sign shall be placed on the parcel for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; (c) No flags, pennants, balloons, or other attention - attracting devices shall be displayed; (d) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; (e) One additional real estate sign may 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 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 that 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 4 feet above ground unless the sign is installed on a vehicle as provided in the paragraph above; or other conditions exist that require the sign to exceed 4 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; Sign Code Revisions — Public Review Draft — July 2005 Page - 39 p' 1 j9 City of Newport Beach ?cwroRr �� (f) In addition to the real estate sign permitted in Subsection (e), above, 3 off - site 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 real estate sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; (ii) The overall height shall not exceed 4 feet above ground; (iii)The sign shall not be installed before 8:00 a.m. and shall 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 creates a hazard to traffic or pedestrians. The sign shall not be attached to any public property. b. All Residential Districts. Residential properties shall be permitted one real estate sign not exceeding 20 square feet in area that advertises 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 temporary real estate sign not exceeding 20 square feet in area that advertises the sale, rental or lease of the premises upon which the sign is located. Permanent installations of real estate signs shall be subject to the sign standards for permanent signs in this Chapter for commercial, office, and industrial zones. 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations A. Sign Permits. 1. Sign Permit Required (including Temporary Signs). a. To ensure compliance with the regulations contained in this Chapter, a Sign Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with Subsection B, below. Sign Permits are also required for signs approved through a Comprehensive Sign Program as provided in Section 20.67.xxx. An application for a Sign Permit shall be made in writing on standard official forms furnished by the Planning Department. Sign Code Revisions— Public Review Draft — July 2005 Page - 40 5° City of Newport Beach 2EwvogT O� f 6m 2. Approving authority. Sign Permits, including those for temporary signs shall be issued under the direction of the Planning Director when they comply with the provisions of this Chapter. The Planning Director shall review all Sign Permit applications for conformance with the provisions of this Chapter. a. For signs that comply with the provisions of this Chapter and do not require discretionary review: (1) The Planning Director shall issue or deny the permit to the applicant within 90 days from the receipt of a complete application and the applicable fees. (2) Failure of the Planning Director to approve or deny the permit within the 90 days shall result in the permit being granted. (3) If the application is denied, the Planning Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent first class United States mail to the address provided on the license application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Planning Director, by United States certified mail, return receipt requested. (4) In the event an application is denied, the applicant may appeal the Planning Director's decision in compliance with the provisions of Section 20.95 of this Chapter. b. Annual Approval of Promotional Temporary Sign Permit. The Planning Director shall approve a Temporary Sign Permit for a temporary promotional banner on an annual basis that allows the applicant to tailor the duration and the number of days allowed under the permit to meet the particular needs of the establishment as long as the total number of days that the sign is allowed does not exceed 60 days per calendar year. B. Exemptions to Sign Permit requirement. Sign Permits shall not be required for the signs exempted in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempted signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and may be removed in compliance with Section 20.67.xxx (Illegal Signs). An exempt sign may still require a Building Permit, subject to the provisions of Chapter 15.16. 1. On -site, non - illuminated signs. The following on -site, non - illuminated signs shall not require issuance of a Sign Permit: Sign Code Revisions — Public Review Draft — 3uly 2005 Page - 41 5` �cW City of Newport Beach (4 ;bRr � 4� a. Accessory signs. Small window signs indicating hours of operation or that an establishment is "Open" or "Closed" for business, limited to a maximum of 2 square feet in area for all accessory signs. No more than three signs per establishment frontage. Accessory window signs shall not be included in permanent window sign area calculations, except if illuminated. b. Building markers. Commemorative plaques, tables, date of construction, and similar signs when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed 2 square feet in area. c. Bulletin boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over 12 square feet in area. d. Construction project signs. Subject to the limits on size and display duration of 20.67.xxx (Standards for Temporary Signs), Table 20 -xx (Temporary Signs). e. Change of copy. Changing the copy in changeable copy signs in existence as of the date of adoption of this Chapter, or approved through the Comprehensive Sign Program. f. Gasoline pump signs. Shall be consistent with Section 20.67.xx (K) (3) (Service Station Signs). g. Government signs. A sign erected by a federal, state, county, agency, or the City. h. Holiday window painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and /or decorations shall be removed within 10 days following the applicable holiday. i. Incidental signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, credit card information, emergency contact information, etc.) provided the signs do not exceed 4 square feet in area for all such signs. j. Official signs. Official and legal notices required by a court or governmental agency. k. Portable parking lot and valet parking signs. One freestanding portable sign at each parking lot entrance limited to 10 square (2'x5') feet in area. Sign shall not cause hazard to driver visibility or pedestrian movement. Subject to the approval of a valet parking plan. Sign Code Revisions — Public Review Draft — July 2005 Page - 42 Sa City of Newport Beach o42EW PpkJ VHF 1. Public service signs. Signs of utilities or other publicly regulated service providers indicating danger, and aids to service or safety, including official advisory and signal flags. m. Real estate window listing. A real estate office may place its listing(s) in a front window provided the gross area occupied by the listing(s) do /does not cover more than 50 percent of the window. n. Residential signs. Up to 3 noncommercial signs, with a maximum total sign area of 6 square feet and a maximum height of 4 feet. o. Restaurant menu signs. Restaurant menu signs not exceeding 4 square feet. p. Site address. Limited to one per street frontage subject to the following standards: (1) The total aggregate sign area shall not exceed 72 square inches. Individual numbers and letters shall not exceed a height of 8 inches. (2) The sign shall be placed in an area adjacent to or near the primary entrance of the structure or property frontage and face the street curb in front of the structure. q. Temporary real estate signs. Real estate signs in compliance with Section 20.67.xxx (H) (Real estate signs). r. Vehicle- oriented directional signs. Signs solely for the purpose of guiding traffic, parking, and loading on private property subject to approval by the Public Works Department. One safety or directional sign for each vehicle entry to a site with a maximum area of 3 square feet per sign. Maximum sign height shall be 4 feet. Additional signs may be allowed with approval of a Comprehensive Sign Program. s. Yard sale signs. Subject to the limits on size and display duration of 20.67.xxx (C) on Table 20 -XX (Temporary Signs) 2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign, and therefore shall not require a Sign Permit, unless structural changes are made. C. Revocation of Sign Permit. The Planning Department may, in writing, suspend or revoke a Sign Permit issued under the provisions of this Chapter if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter. Sign Code Revisions — Public Review Draft — July 2005 Page - 43 y3 City of Newport Beach 20.67.xxx — Modification Permit U A. Applicability. The Zoning Administrator may grant a Modification Permit in compliance with the provisions of Section 20.93 (Modifications Permits) to allow deviations to the height, type, location, number, and area of signs. B. Required findings. In order to grant a Modification Permit, the Zoning Administrator shall find that the granting of a Modification Permit: 1. Is necessary due to practical difficulties associated with the property, and the strict application of the Zoning Code would result in physical hardships that are inconsistent with the purpose and intent of the Zoning Code, and 2. The result of the requested modification will be compatible with the existing development(s) in the area, and 3. The granting of the Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property, and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. C. Appeals. Actions of the Zoning Administrator may be appealed to the Planning Commission in compliance with the provisions of Chapter 20.95. (Appeals). 20.67.xxx — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project's signs, including a project identification sign with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, hot circumvent, the purpose of this Chapter. B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. I. Whenever 3 or more separate tenant spaces are present on the same parcel; 2. Whenever 3 or more non - exempt signs are proposed for a single- tenant development; 3. Whenever signs are proposed to be located on or above the second story on a multi- story building. 4. Whenever a project or parcel has more than 300 linear feet of frontage on a public street. Sign Code Revisions — Public Review Draft —July 2005 Page - 44 5i City of Newport Beach O4lF,W Pp` 6 U ai C�l� H.. 5. Whenever an existing multi- tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 20 percent of the replacement cost of the building; or 6. Theater signage. A Comprehensive Sign Program for a theater or cinema use may authorize signs that deviate from the standards of this Chapter. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Chapter if the sign is generally consistent with the adopted sign design guidelines and the purposes of this Chapter. Approval shall not be based on message content. 7. Whenever the Planning Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.). 8. A Comprehensive Sign Program shall not be used to override the prohibition on new billboards set forth in Section 20.67.xxx of this Chapter, above. C. Approval authority and limitation. The Zoning Administrator is the approving authority for a Sign Permit for a Comprehensive Sign Program. The Zoning Administrator shall not approve an increase in sign height by more than 20 percent above that allowed or an increase in sign area by more than 30 percent above that allowed. Increases above the limits provided above may be allowed with the approval of a Modification Permit. D. Application requirements. A Sign Permit application for a Comprehensive Sign Program shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines and the overall purpose and intent of this Section, 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable, 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; Sign Code Revisions — Public Review Draft — 7uly 2005 Page - 45 7 City of Newport Beach o Icwco,+r .m U I �� 5. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter, and 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Revisions to Comprehensive Sign Programs. The Planning Director may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Comprehensive Sign Program by the Zoning Administrator. 20.67.xxx — Innovative Sign Program A. Purpose. The purpose of the Innovative Sign Program is to: 1. Encourage signs that are unique in their design approach and use of materials, and 2. Provide a review process for the application of sign regulations to innovative signs. B. Applicability. An applicant may request approval of a Sign Permit under the Innovative Sign Program to authorize an on -site sign or signs that differ from the provisions of this Chapter but comply with the purpose of this Chapter and Section. C. Approval authority. A Sign Permit application for an Innovative Sign shall be subject to approval by the Planning Commission. D. Application requirements. A Sign Permit application for an Innovative Sign shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Design criteria. In approving an application for an Innovative Sign, the Planning Commission shall ensure that a proposed sign or signs meets the following design criteria: 1. Design elements. The sign shall contain at least one of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.), b. Creative image reflecting current or historic character of the City, Sign Code Revisions — Public Review Draft — ]uly 2005 Page - 46 ?Ewwy, o °. 4 m City of Newport Beach �`,.�=i� G�pHJ c. Symbols or imagery relating to the beach, ocean recreation, fishing, maritime industry, and /or the related business; or d. Inventive representation of the use or name /logo of the business. 2. Architectural criteria. The sign shall: a. Utilize and /or enhance the architectural elements of the building, and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features /details of the facade. 3. Contextual criteria. The sign shall: a. Be in scale and proportion with the structure where it is placed; b. Be placed to respect and enhance the key architectural elements of the building; and c. Respect the scale and proportion of surrounding commercial structures and signs. E. Limitation. Approval of an Innovative Sign Program shall not: 1. Authorize the use of signs prohibited by this Chapter; 2. Authorize any sign that is more than 20 percent larger than it could have been without the owner's participation in the Innovative Sign Program; or 3. Authorize any sign based on an evaluation of the message displayed. G. Revisions to Innovative Sign Programs. The Planning Director may approve revisions to an Innovative Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Innovative Sign Program by the Planning Commission. 20.67.xxx — Nonconforming Signs A. Removal of certain types of nonconforming signs. The following nonconforming signs shall be removed or altered to be conforming within 15 years of the effective date of this section, unless an earlier removal is required by the provisions of subsection B, below. 1. Roof signs. Sign Code Revisions — Public Review Draft — July 2005 Page - 47 City of Newport Beach 2. Pole signs. 3. Internally illuminated signs with a translucent face. 4. Signs with letters, text, logos, or symbols taller than permitted by this Chapter. B. Removal of nonconforming signs. Nonconforming signs shall be removed if: O 2EW a0*T e U e .a.�,. 1. The nonconforming sign is more than 50 percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction exceeds 50 percent of the replacement cost as determined by the Building Official. 2. The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this Chapter. 3. The nonconforming sign is located on a building that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is more than 50 percent of the building area shall be deemed to affect the nonconforming sign. 4. The nonconforming sign is temporary. C. Deactivation of flashing features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features. D. Continuance of nonconforming signs. Except as provided in 20.67.xxx subsections A and B, a nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be: 1. Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed. 2. Structurally altered to prolong the life of the sign, except to meet safety requirements. 3. Expanded or altered in any manner that increases the degree of nonconformity. E. Repairing and repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign's customary maintenance and repair. Sign Code Revisions — Public Review Draft — July 2005 Page - 48 City of Newport Beach ART pF 8 Ur . .+E�° •� i� �V W �S F. Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name or names on the sign so long as there is no change in the structure or configuration of the sign. 20.67.xxx — Abandoned Signs A. Removal of abandoned signs. 1. An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. 2. A sign frame or structure that supported an abandoned sign and that conforms to all applicable regulations shall be allowed to remain in place. A sign frame or structure inconsistent with any regulations shall be altered to comply with the regulations of this Chapter or removed. B. Presumption that a sign is abandoned. A sign that identifies or advertises a business that has ceased; is located upon a structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90 days; or that has not been removed within 30 days after the occurrence of the event or activity, shall be presumed abandoned. C. Notice that a sign is presumed abandoned. The Planning Director shall send a person responsible for a sign presumed to be abandoned an Abandoned Sign Notification. Failure of the person to respond within 30 days to the Abandoned Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 20.67.xxx — Illegal Signs A. General prohibition. It is unlawful for any person to erect, place, post, construct, reconstruct, alter, maintain, or move or allow any person to erect, place, construct, reconstruct, alter, maintain, or move any sign that does not comply with the provisions of this Chapter. B. Strict liability. Violations of this chapter shall be treated as a strict liability offense regardless of intent. C. Illegal signs identified. The following signs are illegal and declared to be a public nuisance: Sign Code Revisions— Public Review Draft —July 2005 Page - 49 yG o ° ?Ew�`ie City of Newport Beach (�� .oa 1. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of this Chapter that does not comply with any provision of this chapter. 2. A sign that was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved prior to the effective date of this Chapter that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved. 3. A nonconforming sign that is required to be removed or altered by Section 20.67.>ooc subsections A and B, which is not removed or altered in compliance with Section 20.67.>oax subsections A and B. 4. Signs with flashing elements that are not deactivated. 5. An abandoned nonconforming sign. 6. An abandoned sign. 20.67.xxx — Maintenance Requirements A. Maintenance of signs required. All types of signs, together with their supports, braces, guys, and anchors shall be properly maintained at all times with respect to safety, appearance, and structural and electrical features. B. Proper Maintenance identified. Display surfaces shall be kept clean and neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. Signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Faded, cracked, or broken faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings that have signs shall be cleaned periodically and replaced if they become faded, tattered, or ripped. C. Administrative procedures applied to signs that are not maintained. Signs that are not properly maintained shall be subject to the following administrative procedures: 1. Notice of violation shall be sent by first class United States mail to last known address of sign owner and /or property owner, informing owner of time in which removal of sign or repair of condition shall be accomplished. 2. If the owner fails to remove sign or repair the condition, City shall send final notice by certified United States mail„ return receipt requested, and by first class United States mail, notifying owner that failure to remove or repair the sign within 30 days shall result Sign Code Revisions — Public Review Draft — July 2005 Page - 50 Ub City of Newport Beach ?CW VpSi pF �B an U 1 oP ,� in the issuance of an Administrative Citation, in compliance with the provisions of Title 1 and Title 20 of the Municipal Code. 3. If the owner does not remove the sign or repair the condition within the 30 -day period, an Administrative Citation shall be issued at the end of the 30 -day period. D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply: 1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Sections 1.04.020 and 10.50.020(I) of this Code. 2. Removal of hazardous signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The City is not required to give notice of intent to remove the sign prior to removal, but shall inform the owner that the hazardous sign has been removed within seven days of removal, by certified United States mail, return receipt requested and by first class United States mail. a. Signs removed in compliance with this Section shall be stored for 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered within the 30 -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The costs of removal and storage (up to 30 days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property. 3. Penalties. Hazardous signs shall also be subject to the administrative remedies of the Municipal Code, including Section 10.S0.020 and Sections 1.04 and 1.05. 4. Recovery of costs. When the City is required to remove a hazardous sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and /or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. 20.67.xxx — Heritage Signs Sign Code Revisions — Public Review Draft — July 2005 Page - 51 City of Newport Beach ?FWFOkT �, �pe� C�WSO aM`' A. Designation of heritage signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed in compliance with Section 20.67.xxx (Nonconforming Signs) of this Chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in compliance with the standards established in this Section. B. Application and review authority. Application for heritage sign status may be submitted by the business owner, property owner, or City for review by the Planning Commission. The Planning Commission shall review all applications and approve or disapprove heritage sign status in compliance with this Section. C. Heritage sign criteria. The Planning Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal as a nonconforming sign and the sign meets both the following criteria: 1. Historically significant. A sign is historically significant if the sign was erected or created at least 35 years ago and is either representative of a significant sign- making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history. 2. Visually significant. The sign is visually significant in at least two of the following regards: a. The sign possess a uniqueness and charm because it has aged gracefully. b. The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way. c. The sign compliments its architectural surroundings or is particularly well integrated into the structure. d. The sign is an inventive representation of the use, name, or logo of the building or business. D. Procedure for designation of heritage signs. The Planning Director shall review each application for heritage sign status on a case -by -case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Planning Commission regarding their assessment and the application's merit regarding the designation. The Planning Commission shall review staff findings and recommendations at a noticed public hearing. The Planning Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Planning Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage Sign Code Revisions — Public Review Draft — 7uiy 2005 Page - 52 Qa City of Newport Beach SEW PGgT O� O ;. sign. Staffs additional analyses and recommendations shall be available for public review and comment prior to the Planning Commission's subsequent meeting for review and action on a heritage sign. Upon due consideration of staffs findings and recommendations plus all public testimony and comment, the Planning Commission may approve or deny designation of heritage sign status. E. Alteration of heritage signs. Designated heritage signs may be not be physically altered except for routine cleaning and general maintenance. Cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign in all respects. A designated heritage sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. If the character or defining features of a designated heritage sign are altered, its designation as a heritage sign shall be revoked and the sign shall be removed. Where applicable, the sign may be modified to conform to the requirements of this Chapter. Sign Code Revisions — Public Review Draft —July 2005 Page - 53 0 EXHIBIT B PROPOSED SIGN DESIGN GUIDELINES u .1 . I a. I I col V A s C� s Q s s U C� W pq O k Uz T 4-Q U Ci O A H 2 O U_ N 7 U w O L_ O 7 l0 C i- (O U N c L N j .N.. 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L m CL C O L N O Q N C� V CL d fn C '� 3 0 C C V (� U C .-• V w w Ea w L w C N O O C w CD l0 m V `` d am V l0 7 CD p N m` 0 E O C H~ w V a Ems• E� a� V E E 0 E w L CD CD a E -(D m 0" m a� C m W 0 � 0 C C N O N V> m O x L N O N C C CD 7 V V M 7 m� W 7 r O N l0 N N O y l0 C E V Y N C N UcY� ° "� 3CD U�L�@E 0m o�m> 3 m� .L-. C N .L-. C _m C > O .O l0 - U L d O a of rnE o� L `'a w wL QY aE .� M w y"' o CD �.L...jN w w a)m o m�v�i M3�mmmWM V a)m C U O- 0 0 a) C C L N fn �= a N L O l0 O� 7 .3 C .L 7 ._ '3 C _m CT � H .0 V V C C O C- m W W 0 0 _ y in wn00w � �� V �U V CO�ML�LU awi'Eai L C C- C1 Cl m'j p a) w M` 0 ._ N W C U L �., U H w w 3 m m�nUC� H CD Z0(D cwLa' m E 3 F N (l7 H c a y P a 0 0 a i N C m Q m t N a) p U C Oi N 0 �1 d z 0 A_ S z Q� Q z 0 V4 z Q� v] S d O z S n, E- 0 W FM Mn Y m CL O U C CD r o� z A r•� l..J N c'O m E2 N L` N E lO N L- c vcm N C OED w W O C- O N L N U O N 7 = w N L N L N l0 N O_ O EO ` l0 cc*: -0 l0 N 'C N l0 7 'D T (p N Im C (0 N U N 0 Cc V, tl1 N T N l` L N U) cc a l0 0 d N E> CL V) E m = 0 E m -0 c N N N -6 (U U c a C N O d c l0 _ N w N N= N V m 3 N ( v -05 w m N L N CL N O C l0 vi O N CD w U p ccU,E CD D O p L° > C " 0v0 EE0o .-. O C l0 7 N a N O N O O N N d( 7 `L U C w w C_ N N. O O CD C `O 2 N _ 7 N E O N U N Q` O O -0 E L U 'O G 0 O N w N N N °0 N C C v n? N lO N N N y 7 rn E O c 'NEEz 70� Ewm m — V O d N w C N C Q > O, `G U N N O N N CO _ E U CD N U "O C O) = m N` •O 7 C cc y-0 O N N w J 0 70 O N N E O u 07 N m °' z'0-0 07 N> in m w (D L in N(D O Q -'vE z .mow cc' N N N N C mw N N N N N 0 N E = 3 rn c N V U =O = Q y L c w N L 7 = c� CD 0 O N O - N O ` i0 N N N =p C U N V CD C N N a c L N — C X m N O)!n NwL N l0 N L C N C~ N w L m N O - avO --E N U 0 7 N C �c32,(D EL C7vw Si 0 _ N C O O O_ N C rnOC�Eccc O N cn :; -- .0 x U ' iT N O O U N � N U a �(D m E ink° 7N•v=mo U w rn N O > N O_ > L .LN.. `0 c O` N O_ C F- w W O_'O l0 N - O N 0 N N 0_ a l0 C O N a" o E w= 7 N O LEaiLCN N N N 7 F = O m W N d. U N - O 7 N N _ cn > N w d= 07 U = > Eb j m 0 O C N N C O Q C a O N *: i. i 0w L U G = N MEw s C C cc Cc m N V N �w (D (D w o 53)EE" N m Evw C w E= w w m (D T > U 0 O p) 7 � U 3 c m N m rn C L l0 •3 � U w 70 mw �3 0 a? E N 7 .0 E O` E 40 W� L N l0 l0 7 L L` N N 7 L ` - m 70 -`.. O > c O p W O C- 3 L N U O a'3wa o� w w > = 0 N ma , U N cc N NN cc*: -0 w Q l0 N = CD " = 0 a N y N E m E 07 C tl1 N T N N L N - N - m = w m N l0 0 d N E> y m a o V) U 0 E m -0 n` ( ° o u u 3 > E O d U Y L U 0 N 0 E 7 0 N 2 d 3 N ( v -05 - O N 0 N N 0_ a l0 C O N a" o E w= 7 N O LEaiLCN N N N 7 F = O m W N d. U N - O 7 N N _ cn > N w d= 07 U = > Eb j m 0 O C N N C O Q C a O N *: i. i 0w L U G = N MEw s C C cc Cc m N V N �w (D (D w o 53)EE" N m Evw C w E= w w m (D T > U 0 O p) 7 � U 3 c m N m rn C L l0 •3 � U w 70 mw �3 0 a? E N 7 .0 E O` E 40 W� 'O T cp 'O p - m N > N m > o O N a 0 L m > O V) U l0 m U O_ l0 .LN..... L O 0 U N N d m 'C CD CD l0 l0 O C l0 C U O CL ccU,E CD D O m N •N N U =O N X0'1 z > O w V > o� `O m a > a > ` E 7vE o•u m °0 om .^ N N L WE C N Qc w O ^ N 0 CL a S v E C v_ (D X u my i7 L > C O L 7 z O O cc' N N N N C mw ^ N N E LN LN N U COD Oi 0 a � 0.2 N c N a m N a C U Q rn > c � t c c p c ) N O c N C 0 0) ti 0) Q] w 4 U O v W ^ L C W - O N 0 N N 0_ a l0 C O N a" o E w= 7 N O LEaiLCN N N N 7 F = O m W N d. U N - O 7 N N _ cn > N w d= 07 U = > Eb j m 0 O C N N C O Q C a O N *: i. i 0w L U G = N MEw s C C cc Cc m N V N �w (D (D w o 53)EE" N m Evw C w E= w w m (D T > U 0 O p) 7 � U 3 c m N m rn C L l0 •3 � U w 70 mw �3 0 a? E N 7 .0 E O` E 40 W� m w 0 3 Taw U w U O N N N O U Q CI 7 N C 0.9 >. CL d O O > U Y °Uwa E O O N N C- 7(0 U 0 'w O 33 m to O U t0 C 7 _(D 0 N C O 'O N 0 E rn ° a E E d C o° v O O O v 0 to O� i W Q O c w E L N d 0. N C N U 0 Qu� N d Cc l0 aL N d N O) Cc N - > m N > Ol l0 > l0 N N >�, at- N a S E 6 2 E c N 2 N n r C m L ° `O E a 7 U O O C v 7 U L O 2 N C O) m C N wN w J O 0 0 0 m d N O Q N f0 0 Q N N 0 N C N Q 0 0 Y U G m m a �o m L m m m a O Q O O N O C ._ E m N O Q Q C N C 0 0 Q) O N 0 d ° Q.0 N °E O % N Y : L N a d tm c C m CD d 0 w Q ( C O v 'N d 0 Cc Em d E '- .Q N c 7 O CD m C 3O Y � w C m J C 0 U 0 N O U O N O a N m C T N U O Y C �p O V N d �Qa 0 E 0 C M v v O mo (D L N 0 N N d O > l0 'Q Q) 0 7 C y U .Q N O N C O m l0 0 L �ccE(D v E ° m 0 (D L V w ~ 0 w O O N N w > O_ N 0 t0 0 O 4 0 y 0 0 t0 N N 0 F 0 C d co I N U N = U CL 3 c w L N N N E N tm N C N= o,c0i7n� N d E3 N 7 O U L > N l0 C w N L Z c U T Of m � � U 0 O O N `a 3 O Q N rn O E E 3 o 3 o N �EaNi tm o rn •� N m N T T C O C 7 l0 Q 7w!q � 7w U N N N O N C N � O) U N O � � 7 E v .N_ � os w d= L � N C +' N 7 C C O V L m •' U C 'C 0 A � � V y. t N m N C •M d l6 � � N I N `c 8 .3 Cf h N 0 C Of h la 0 o c O cc w c 0 E N O U N V U 0 U O rn 0 CL t5 :E 0 0 pD -0 7 U 0 7 L.N �? L t0 O U N O E C N O oc -L (D , O) U U) c 0 0 l0 p U N U 0 N CL (D a N U O U.0 7 l0 N :3maEc L O O " c N N L Ol N N N r c L c 0 Y cc inm caw rw C O A U O J M L N N C r w U O O 0 U L c cc 0 O .7 w O c O c C C' O:5 � n F � c 0 7 L .cn N 0 N w > E 0 O 0 p N (p N 0 d 0 L.7„ U L nwcc 5— o '- O O'0 L j 0 42 N U 0 0 Ol N 0 0'r c c L — 0 U CD ` (D `O l0 c ,O r 0 m f0 E m C N C N 8 y a° �c O _m m Q .a c N N m O L E O N d N N C O > E U.L.. N N L l0 - ` 0 0 U 0 y m N CL N a l0 m O O LL 7 Q v a C c O c N N pj 1p c N U 0 j m 0 0 0 O O N Um -3ccn m E O O c c N3CL t m rn U C> O 7 C c CL= �mn(D o ( E7o3 o m � D cc 0 CD N Cc N 7 .ca C E 0 3 o N `mom 0 (D c— L N O 7 N t0 l0 0 7 e 3 � CL O N O O 0 CL cc cc 0 0 _m m Q .a c N N m O L E O N N N O t :3 O O N U p3j •-• c O'j 0 o c c ° 0 U 0 = U rn o ,E ° E c m 0 E c N N O N N 20 p n C Uc = N O " 'T l0 N cw 0 c " :3 (D _ U.N.. 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C N 'O (p N U O V U o o N U N C O 'C `= m 7 0 7 ,o E° (� 'D N C O — Co CL O` o E o rna Y w v o rnQ ° N ` ` `Co Na UONma m a Ix O 0 =N O - C > p 0 C o U O > E N N 3 Um O O O O N c V 0 w w 3 O O N N m N l0 0 C D N N N y c U U � 0 U O ° O O a O c aw? m a= U w c t o c N c 7 = O c l0 .O� '.. � L N m c`a cc� a rn� LM o in C o U) °a v ai 4 C J rn U a� O 4 O y U m O y c my m -0Y v `0 @ E O U U J O 0 0 v O m t N @ O Q U h N N N N N O T L = tm > U O N O m m a° E o O l0 l0 W.9 N N N N c C U N E (0 C N O E N L c U' E u ao O° N m 7- U w C� N C U N O N C D O am��0 �m N _ = U ° N> N N= C— 0 Y w N C w 3 C= U V N N L U N 0 O U C` N C N N X N O" ow—ca s c W N_ a c .Woo Ewo=(DC i w. C N 'O (p N U O V U o o N U N C O 'C `= m 7 0 7 ,o E° (� 'D N C O — Co CL O` o E o rna Y w v o rnQ ° N ` ` `Co Na UONma m a Ix c O .ry c E L N N L U N m N N T N t0 N w J w L w ` w a a n O a O U L-. N 'C .N-. _m t0 U U a N w N Qc N 0 j N w7„ U O U m_ N C O t0 U C c i C t0 L O N C_ N m0 c U `m- TU N �E(D �Q3yc�n N 7 Q` N C. N a C O C m U- a t0 .L-. tO L N c j d N t0 �' Co N O T~ +L t0 c N 7 w cp- ww O L O N aL3c m 00L) m c (D - N C C m' c S E mN'S (D .-.o N'CN 'N OL j OLrL -ANC O " -0 NUN c U M M c c .- N O mew w m��.3CL CL c0i�'3 0 U U y a N N N N M'O w 0.0- (D N °_ cc E � c _ C N N m` O L L N 7 m may ma? rnw E c'> > = 0 In m'N �._- o (D m.0 =!? c Co S a O _C U O � m Q$ m� c � a y y m mrm a; o4 � m N � U m y h �t rna c Q o 1� L_ L N d .3 N "j L c NU d c 3 0 0 (D 0 c3 as :-6 a (D (D 0 '- Ea t 0c V N N N N 0 C C N - c O_ N E w m m rn O 0, 0 co C `0 L C N O m O y O �0 E0 cUU w T O N U OL N 0— o c ow E c v .0 ° ° 0 w (D O s E c c (0 n 0 m > N y U 'N .� Co 'N Co t0 U O L 0 U N T a O N ,C U w 0 00 U m.. 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(0 NO N N C ca d U 0 N N C� N L N N ._ C — > c0 7 U N ca C CO >L L d d O' 'N O= C > N O- Co U 'O 0 m C m a O 3 N U c m a m E .y C a h �I �I TN >, I N � Co ` ca O E > E N f N N N N L .CSC d3 N E V N N N N O N pn L = O U (` N N (D -0 N O O C _N N CD m C C O (n '` N N O D U N C C a p 'OL O OlN N .2 .2) T N d N Co C N .— CL E a E c 3 0 CL 7 ya N O N Co Z ca T p c0 N C � fO N 7 (0 N (0 N a 7 7 0 v c c c v m >'E c E2aQ �7a7vco O� o� C m a oa m z Co a c m 0 N 0 h a .y U a 0 m E m m 0 I l N m m` w m c m N 1. g m U O m Q E m W L N 'O 'O C'0'0 'O N N N- T N O M :3(L) aw~ 3�omm v2o O N m'N w w � o o o m .oc c o rL Ec Qc N m a r a m N O EL N N N .0 L O V m N j, N 'O C N N N N �` ° `F N Y.L.. O V O 3 N L__ N m:aC -V O p N L 0 7 E C .t �,j O F. C Q N 'O '70 L N O 7 0 N C N m .y L U O N O N N O cc O r` w6 N m �' l6 >,E C 'O N L m N 0_ d 7 N N N p L O .L-. 7 O �0 O m m O C N 7 N N N C N C L 7 C a) 7 m .O-. m O O m CD -O o 7 C m C E N y 0 m C N N m 0 L 7 V E m N E N Q m m E 0 o w V m m E N d �,C N N C N V m N w CD O L m T m N N N N L .0. C` m 7 C O N E E m CD N -O N U N" O N O m m w E o .y N 7 W -- m m 'O -O O m m w E 7 N C O .O . O_- m EO T CD N O_:- N O O p� L t m w N _, O N o o E 3 O N VJ V L V N F- E L r (n V L C V i- N �-` N �: 'O m L V V c rn y m m E 5 U O m 4 E m W 0 / ) k ( IN )) §\ /2\j)\ \\\ /� } \/0 , tto /)\ } \\wj\ 3\ /xc cc § uj a 7 o» \/ \\ \� }\ \» j)k / \\o �\ [t/ k( cc 0 ) §` ®R k� {a} xe /Q\ \k \/ \\ \� }\ \» COD O) E- .�P rn O) s� COD d z O) ID I m .iw If N c Ol m m v C �o O 0 L (D 3 c U N N N L N C N M.0 o a (' m N p m N O = O OU N C 3 N c 9 'p N 7 w (D a U m N O w O m L .9 O C7 N ~ C 0 a N o a 9 m N 70 N J C _ 'O N M p N L U N CD O C N N N w,2 O)'O m 7 CL W 3 f0L rn2 Q w N N 4 m N N m rz 4 A W 0 0 N p� y C � a A2 C y W 0 y O N K bn LO 1- N L_ jr p 7 O N U m - m 'O _ O O W m O O C L T m N _C CL U N M U = O w N C N d O_ M N 7 L O U CD O C C m N ` Y 0 O m J O_ min N Tw 9 = N f0 m C N (D p�j Ica O 0-0 N E '9 N y p O = O E C U N ® N T 7 .0 M'a m `Ow U N T C CD (D U N C C p C � 'O 7 0 N 'O m _C E CD N m U C 7 Y U C C'( N N m T'E N 'O a d = dL U ,� O O_.. M �� '� N E C 0 '9 U N 9 O p T = N �Iw C 7 CD m w 0 N O N c O_ a dL U 'O Oi y y c 0 0 W _m Q °n W W 0 0 E y 0 Oil a O N C V C U N 7 C N 0 N C ` O CL'O C N 70 m U d m O_ c m w 3 O =v O _N N C N C > C V E p N 7 C IT U N Q O 0- N CL a E O C C U w cn= N N N N C N N ._ N= L C N ` '3 F o c mQ N a C N O 0 C D -N N U 3mNarn(D Z L U a f 0 �o E rn y U W O m E X U 0 c� II N G N 01 C tp U d 'o a R n 6 0 N N L L N O C O_ N C 7 O O` N E C U m N VO rn N O CL �o N C 7 L C N O L 0 V � =j 7 N N N N L O - E N C m- 7 'x N oow R w aao N m N E d -p W m N N N N R C N N 0 Q U N N N (6 O_ 7 7 C 0 N N w w7 N O'p N N N U C L mw U Hw a�axi in3`m (6 A U c rn N O m �U N a c w c ,a N 0 a `3 m a a Q E m N O Q Q N C ,U h 1� LO E W m O O U C -0 C 0 m U 3 t S d > O 2!7. ' CL m N m C Oy N N O 0 .- C.0 CL N U x m CD N C m o c 8 .-. U C IO y > m L O) C C m N m C L 3 C C .m. 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N N D E a U d p_ N a O �-0 a > oww o �'> E '> c o ° 'O c � C C °w C v a o c d 0 E 0 °v vo5o .LO.. °'w' O 00c .= ■ ■ ■ ° � L _ O O) "O O'N .r O) �i N m m N _L 3 c o, N C m C m Y 0 m 4 m x m a 0 0 D� N C Oi N 0 Oi r O N 0 Q X0 W D p r (D O l0 .0 .0 N m N L L O% U p N d 7 N Y N E m w N N N C L O N p wt E E O N N 7 -p N j 0-- S 7 O O U N _ O 7 N C N N N p L N d N U N N c C E O N L N y C p N L U ... cc CL N l0 7 yN-, L l0 L 7 U N C O a,- 3 O O 7 0 0 >. U 'O > l0 '� w C C p 0 p� V d E L 7 U .N. O N ' O O � N cn 4= 7 Y O C V - C V C IO N a N p L m .O N._ t m L C d._ C Q a 'm N m > N _C' O a C l0 D w O) > _d y p� N U 0 i0 ' N 0 C_ -0 C O C d p) d W m N T 7 T w V 7 (0 E N 7 C- w d 7 N 7 L 7 N O7 (n 7 Y 4=d _0) LL E L - w U) -0 N tSi LL m a ti o Cd D EXHIBIT C PRELIMINARY "HERITAGE" SIGN LIST (DRAFT) Proposed Heritage Sign List (DRAFT) This list is the initial effort towards identifying signs within the City of Newport Beach that may qualify as "Heritage Signs." Subject to Planning Commission review and approval, signs may be designated as "heritage signs" if the sign is a type of sign that would otherwise be subject to removal as a nonconforming sign, and if the sign meets criteria outlined in the proposed Sign Code. The sign or the establishment associated with the sign must be determined to have historical or local identity significance to the City of Newport Beach, and the sign must be no less than 35 years old. These proposed signs have not been verified for age of installation. 1. Crab Cooker of Newport Beach roof sign (McFadden Square) • Representative of an establishment that is a commercial tradition in Newport Beach • Representative of the maritime character of Newport Beach • Possesses a uniqueness of construction, and particular whimsy in placement and message 2. U -Drive Boats freestanding sign — Fun Zone (Balboa Village) • Historic example of luminous tube sign construction • Compliments the overall image of the Fun Zone • Particularly significant to the character of the public recreation era of historic Newport Beach 3. Balboa Pharmacy projecting sign (Balboa Village) • Use of bright color and the figurative "Rx" symbol to emphasize the commercial context of the historic center of Balboa Village • Significant example of projecting sign architecture and construction 4. Auto Ferry freestanding archway sign (Balboa Village ferry landing) • Significant local identifier for historic local transportation and recreation business • Sign possesses a uniqueness through its minimalist design. and deco font, that recalls the historic transportation era 5. Lido Theater marquee sign (Lido Village) • Provides a classic example of historic theater marquee design • Provides acknowledgement of the "sense of place" for the Lido Village commercial village within Newport Beach �5 6. Cannery Restaurant "Ghost" wall signs (Cannery Village) • Provides contextual identity for the Cannery Village area of Newport Beach • Significant representation of the historic cannery buildings and area of the City's maritime industrial development. 7. Port Theater marquee and projecting sign (Corona del Mar) • Unique theater marquee design that acknowledges its maritime setting • Provides historical identification within Corona del Mar as one of the City's commercial villages Other signs with potential for consideration:- 8. Dad's Donuts projecting sign (Balboa Island) • Significant example of figurative sign design from classic era of signmaking • Significant to the tourist - serving identity of Marine Avenue /Balboa Island • Significant example of projecting sign architecture and construction 9. Sugar 'N Spice projecting sign (Balboa Island) • Significant example of figurative sign design • Significant to the tourist - serving identity of Marine Avenue /Balboa Island • Significant example of projecting sign architecture and construction 10. "Zodiac" projecting sign — Tustin /Coast Highway (Mariner's Mile) Significant example of projecting sign architecture and construction E EXHIBIT D P. C. MINUTES: MAY 5, JUNE 9, & JULY 7, 2005 PLANNING COMMISSION RESOLUTION No. 1672 0 Planning Commission Minutes 05/05/2005 Page 4 of 10 . The stone on the monument sign will remain; however, the Irvine Company will exercise their private right to approve the material used and l / the overall aesthetic look of the sign. . The location of the monument sign and the tree species for landscap will be determined by a future discussion between the City Public Wo Department and the Irvine Company. In the interest of safety, Public Works Department will form the final determination. lotion was made by Chairperson Tucker to refer to staff with idication that the Planning Commission deter s the project being ubstantial conformance with the plans and the guidance given by 'fanning Commission. The details of th pen items are to be worked etween staff and the Irvine Compan Ea�Cole, Toerge, Tucker, Selich, McDaniel and Hawkins AAbst Absent: : I None x x t SUBJECT: Comprehensive Sign Code Update and Sign Design Guidelines ITEM NO. 3 Manual (PA2005 -091) PA2005 -091 Code Amendment No. 2005 -005 to amend Municipal Code Chapter 20.67 Cont. to 6 -9 -05 ated to sign standards applicable to all signs on a citywide basis with the ..;eption of the Newport Coast and Ridge Planned Communities, and where sign regulations are not referenced in the Santa Ana Heights Specific Plan area and all other commercially -zoned Planned Communities. The Balboa Sign Overlay and Mariner's Mile sign regulations will be repealed by these proposed regulations, and their provisions will be incorporated into the proposed ordinance. A Sign Design Guidelines Manual is also to be considered, in order to supplement the new sign code and establish criteria for the creation of well- designed signs and further the intent and purpose of the sign code. Commissioner Tucker noted the items he wanted to initially address: • The amortization program. • What sign types will be included? • Will Planning Commission recommend a program? • Concept of the life of non - conforming signs. • What is the proposed height and amount of signage allowed? • Letter height. • Scope of the ordinance and conflicts with other code provisions. • Concern with heritage sign exceptions and the possible number of heritage sign claims this may generate. • Who will be responsible for the determination of a heritage sign? nmissioner Eaton added another topic: . How will the proposed regulations compare with the existing Code? fil e: //H:1Plancomm\2005 \050505.htm 08/01/2005 Planning Commission Minutes 05/05/2005 Page 5 of 10 Commissioner Cole requested to hear about the Steering Committee and how it orked. 9ddition to his written comments discussed by Chairman Tucker, immissioner Hawkins requested that staff consider addressing several other topics, including: Needs additional definitions for commercial speech and service stations. Financial incentives for removing non - conforming signs. missioner McDaniel wanted clarification between signs, billboards, rtisements, and murals. Berger explained the need to update the sign code. Furthermore, Mr. 3er informed the Commission that the Steering Committee was made up of: • Nine members that represented the Chamber of Commerce and all of the Business Improvement Districts • A resident member • A local architect • Chuck Trevisan, The Irvine Company Berger informed the Commission that the Steering Committee: • Met 6 times over the past two years. • The Steering Committee spent time reviewing the work of staff (including the City Attorney's office). • Perhaps the most crucial function of the Steering Committee was that the were able to respond to both the general public outreach effort, the sign manufacturers and business communities. • Possessed diverse opinions on signage issues, both conservative and liberal, creating active communication. 1r. Berger advised the Commission that the Steering Committee is working to roduce a comparison to the existing code, and intends to have the information istributed to Commissioners prior to the next Planning Commission hearing for its item. ommissioner Tucker requested information regarding the amount of signage nd the height. Pflugrath reviewed some of the Steering Committee issues and proposals. • Sign Area - In proportion with the buildings; proposing 1.5 square feet of sign area. • Sign Area Limitation - 75 feet for the overall maximum of the sign. • Roof signs - Not appropriate in most situations. Provisions will be included in the code. • Pole signs - Prohibited. Pylon signs are more desirable. • Signs on multi- frontages - applicant needs to identify a primary sign location and a secondary. file: //H: \Plancormn \2005 \050505.htin 08/01/2005 q`l Planning Commission Minutes 05/05 /2005 Page 6 of 10 . The primary will be provided the full, 1.5 square foot, sign area criteria. . The secondary will be provided half, .75, the sign area criteria. • Multi- tenant signs - Minimum of 12 -inch letter size to discourage too many tenants on the same sign. • Multiple signs - One sign per street frontage. Not including provisions through the Comprehensive Sign Program and Balboa Sign Ordinance. • Awning signs - No internally illuminated signs allowed at night. Limited to the valance and 50% of the shed. • Changeable copy signs - Could be allowed in conjunction with another sign through an innovative sign program. • Neon signs - Must provide the right amount of signage and not exceed it. The outlining of architectural features are to be prohibited. • Signs along the Bay - Determined not to really be a substantial issue. If an issue were to arise, there are provisions in the existing Sign Code that will be carried forward to allow the Planning Director the authority to require the sign to be dimmed. • Temporary signs - Allowed 60 days total throughout the year, but not all at one time. . Pflugrath then notes that the Steering Committee recommended that all the ns that were to become non - conforming would have a 15 -year amortization riod. r. Pflugrath also noted that there will be a provision for heritage signs and teria that will need to be met to be considered a heritage sign. Ir. Pflugrath then reviewed some of the Steering Committee's design uidelines. ner Selich requested to know the distinction between a pole sign a pylon. Berger explained that one distinction is in the width of the poles. The legs es) needs to be a minimum 1/4 width of the entire sign width and covered a decorative element or cover. :ommissioner Selich questioned the reasoning behind allowing letters on the heds of awnings, instead of only on the valance. Berger explained the importance of lettering on the shed portion of awnings, pecially in the pedestrian areas of town. Mr. Burger further explained that me of the traditional awnings have smaller valances than sheds and some sinesses use their awning as their only sign. hairperson Tucker asked if there were any limitation on letter sizes under omprehensive Sign Program. r. Berger informed Chairperson Tucker that, at this time there is no limitation Ion maximum letter sizes. Mr. Berger volunteered to do some research in the q0 file: //H:\Plancomm \2005 \050505.htm 08101/2005 Planning Commission Minutes 05/05/2005 urrounding communities to see what seems to work and bring photo examples back to Commission. immissioner Toerge asked how multiple story buildings would be affected by .a length limitations and the primary/secondary limitations. Or. Berger explained that most of those buildings are in Planned Communities. n addition, the Steering Committee felt, in those instances, the request would >e fairly simple to deal with under the Comprehensive Sign Program. hairperson Tucker wanted to hear about the sizes and heights of the onument and pylons. Or. Pflugrath informed the Commission that the pylon height is proposed to be imited to 20 feet; from the current limit of 25 feet. Tucker requested to know if there is a life expectancy for a sign. Wolcott informed Chairperson Tucker that there is an implication in the fornia Business and Professions Code that the useful life of a sign is 15 issioner Selich addressed the topic of abandoned signs. Wood informed the Commission that we do have a section on abandoned nmissioner McDaniel requested a more clear definition to be established for extent of a remodel that would require the removal of a non - conforming Cole expressed his interest in the incentive program. Is. Wood explained to Commission that staff had developed an incentive rogram for the businesses on Balboa Peninsula, and didn't see much success. erson Tucker asked for staffs thoughts on the amortization program. 1r. Berger explained that although the Steering Committee felt strongly about a ity -wide sign amortization approach, staff wanted to do a more directed . pproach to sign amortization. Instead of a city -wide approach to sign mortization, to take it in steps. The first step being poles signs, roof signs and eternally- illuminated cabinet faces that are non - conforming. missioner Selich requested that any sign over 75 square feet be added to s first step of amortization. Comment was opened. 1. Jchard Luehrs, President of Newport Beach Chamber of Commerce and participant on the Steering Committee, feels it's important to make: Page 7 of 10 file: //1-1: \Plancomm \2005 \050505.htm 08/01/2005 � I Planning Commission Minutes 05/05 /2005 . the changes reasonable . the application process simple ,mmissioner Hawkins asked Mr. Luehrs if he was generally in favor of the _,aering Committee's proposal. Luehrs acknowledged that he is in favor of the proposal. hairperson Tucker asked if Heritage signs could be identified upfront by the ity staff. Wood replied that staff would not have a problem identifying Heritage signs Wood also informed the Commission that there is a provision allowing the y to be the ely on the applicant for heritage signs so that the responsibility wouldn't fall applicant. rson Tucker clarified that the list of Heritage signs from staff would be a list not a final draft. Luehrs felt staff should not have that responsibility of choosing which signs felt are Heritage signs, but that the business owners should take on the )onsibility if they felt strong enough about it. 4r. Bob Roubian, Crab Cooker, expressed the importance of signs for business mers, and the comfort it brings the public who recognize the signs associated rith the establishments. n behalf of the Irvine Company, Chuck Trevisan, also a member of the eering Committee and the owner of Italiano in Corona del Mar Plaza, quested that the Comprehensive Sign Program have a wider definition, so at business owners are not restricted to the regulations from the Planned ummunities or other policies. s. Wood informed the Commission that some of the newer Planned nmmunity Texts have Comprehensive Sign Programs incorporated in them. Jim Wasco, Crab Cooker, expressed his concern regarding the amortization non - conforming signs. Wasco requested that the Planning Commission to implement the following anges in language to the Heritage sign provision: _ To provide provisions to allow otherwise prohibited signs (e.g.. roof signs that can be considered Heritage signs). To waive all fees for the review and designation of Heritage signs, To identify Heritage sign designations as perpetual. ablic Comment was closed. Page 8 of 10 file: //H:\Plancomm \2005 \050505.htm 08/01/2005 P7 Planning Commission Minutes 0510512005 Page 9 of 10 Chairperson Tucker asked staff to begin the Heritage sign list IMr. Berger added that staff will also supply the Commission with the criteria that Igests why the proposed signs should be considered Heritage signs. Motion was made by Commissioner Toerge to continue this item to the June 9, 005 Planning Commission Hearing. Aye s: Eaton, Cole, Tucker, Selich, McDaniel, Toerge and Hawkins Noes: None Absent: None Abstain: None L BUSINESS: ADDITIONAL BUSINESS C Council Follow -up - Ms. Temple noted: Council gave the fna appr al and adoption for the Code Amendment regarding the consistencl of the tum reference points used for measuring height of finished floo levels an bulkheads in the beach areas. Commissioner Eaton wa; appointed C irperson of the Committee for provisions to the Zoning Code Council referre the St. the expansion back to Commission. It will bE on the May 19, 2 5 Planning Commission Agenda. Lastly, the approval o a professional serve s agreement with Roma Design Group to prepare performance criteria fo evaluating residential development projects in the airport area. Report from Planning Com ssion's representative to the Econ Development Committee - Co m issioner Selich noted that there has no meeting. Report from Planning Commission's epresentatives to the Genera Plan Update Committee — Commission Eaton reported at the firs meeting they discussed variations in traffic g erated in different areas o the city. The second meeting was regarding fisca ' pacts. Report from Planning Commission's representative the Local Coe Plan Certification Committee - There has been no me ing since the report. Matters which a Planning Commissioner would like staff to rbRort on a subsequent meeting - Commissioner Toerge asked about a pro erty Bayside Drive across the street from 2323 Bayside. He questioned th H that is in place in the front yard setback. Matters which a Planning Commissioner may wish to place on a agenda for action and staff report - None Status Reports on Planning Commission requests - Ms. Temple repo progress with the LCP; stating that we have received changes for Coastal Commission staff. If we want any comments to be delivered with file: //H:\Plancomm \2005 \050505.htm 08/01/2005 I Planning Commission Minutes 06/09/2005 . Validation of model assumptions against actual counts and to the extent doesn't match up, then look for reasons and what will match it up. • Mixed use internal capture rate in the City. Use of residential, commercia and office development elements resulting in the low end of 10% trig reduction benefit that could be expected. That 10% adjustment wa,, applied to only those areas that were thought to have critical mass, sucl as the airport area and the Newport Center, but not in West Newpor Industrial. . How to consider alternatives for Banning Ranch entitlement a potential consequences. , • Reduction of traffic by downsizing entitlement. • Reduction of development in areas through change from RXto R1. • Potential residential added into the airport area. . Assumptions of passenger airport traffic either i or out of peak hours. The maximum passenger levels were used for t calculations. • Comparisons of other jurisdictions acceptar}Ee of various levels of service. • Separation of Deficient Intersection mmary into subareas to make easier to understand. • Referring to page 59, Table 2 -1 , the a.m. trips under option 2 seem k and the consultant will look int it. Jodie Tescher, referencing andwritten page 228, noted the generaliz vironmental impacts comp rative summary. The charts on page 232 shi quantitative change i electricity, solid waste, wastewater, water, a mber of students. O pages 234 and 235 is an air quality impact mat ting the percent inc ase or decrease in air pollutant generation under ea id use alternative. n response to ommissioner Hawkins' question, Mr. Waters then named rreas that ap ied the mixed use adjustments. 3ublic cogiment was opened and then closed. Mood then noted the schedule for the upcoming meetings of Planning C mission and City Council to review the General Plan land use plan and licies. Page 18 of 23 SUBJECT: Comprehensive Sign Code Update and Sign Design Guidelines ITEM NO. 7 Manual (PA2005 -091) I PA2005 -091 ..ode Amendment No. 2005 -005 to amend Municipal Code Chapter 20 related to sign standards applicable to all signs on a citywide basis with file: //H:\Plancomm\2005 \060905.htrn Continued to 07/07/2005 08/01/2005 Planning Commission Minutes 06/09/2005 exception of the Newport Coast and Ridge Planned Communities, and wher sign regulations are not referenced in the Santa Ana Heights Specific Plan are and all other commercially -zoned Planned Communities. The Balboa Sig �erlay and Mariner's Mile sign regulations will be repealed by these propose gulations, and their provisions will be incorporated into the propose rdinance. A Sign Design Guidelines Manual is also to be considered, in orde o supplement the new sign code and establish criteria for the creation of wel designed signs and further the intent and purpose of the sign code. le Berger, Community and Economic Development Manager, noted had received comments from Commissioner Eaton and Chairpe r that are included in the revisions. Pflugrath with RBF Consulting, noted the following issues: height- suggestion of 36" maximum on building signs. nmissioner Eaton noted that this applies to linear commercial strips, is th high as most of the store fronts are close to the roadways? r. Berger answered that there are a quite a few that are farther setback, i. e. e Albertson Shopping Center on 32nd Street. That type of center needs the Aity for this and if relief from this requirement is requested, either a omprehensive Sign Program or the Modification Permit processes ar( iairperson Tucker noted his concern of a tall building with only a 36" letter. hard for one size fits all process. Discussion followed on modificati Wings. The Comprehensive Sign Program does not apply to the Plann ommunities. - Strengthened definitional precision between commercial and -ial message related to murals. Signs - states that 50% of shed area is allowed for message. )rehensive Sign Program - 30% increase in building sign area and /or ncrease in overall height of freestanding signs to be allowed. m- Conforming signs - One set of standards for sign regulations, as well a e date for amortization. Space Zones -The illumination standards in the proposed code ommissioner Eaton noted he does not agree that the retail shopping gn standards should be applied to church signs and others in GEIF. it the same thing. ir. Pflugrath noted that the overall sign size has been reduced down to 1 Square feet of sign area for each lineal foot of building and a cap of no sic Page 19 of 23 file: //H:\Plancomm \2005 \060905.htm 08/01/2005 95 Planning Commission Minutes 06/09/2005 larger than 75 square feet. So, perhaps Mr. Eaton's concern would addressed by the overall reduction. However, we will distinguish bet%, commercially zoned property and GEIF zoned property. ..nortization - The list of uses would be roof signs, pole signs, signs with sig ace area over 75 square feet outside of Planned Community districts; am abinet signs with non - opaque message panels. Commission inquiry, Mr. Berger noted that staff is comfortable with t egories as they are reasonable to do and are ones that are fairly easy to i address; and, these are the types of signs that will most likely be going s businesses change. A lot of these signs will take care of themselves b 15 year amortization period ends. Harp noted that the if the Commission wishes to amortize out signs over 36" is not in the resolution and that needs to be added to the resolution. hairperson Tucker noted there are not many of those signs. He is thinking c e ones that are along the main corridors Coast Highway and Newpo oulevard /Balboa Boulevard. Most of those buildings are old and shoved u 3ainst the street for the most part. Maybe we ought to look at the amortizatic onq those two corridors. ollowing a brief discussion it was proposed to remove the reference to f Planned Community districts. ithy Wolcott, Contract City Attorney noted that staff had addressed the issue e ability to establish an amortization for certain areas with the sign la ecialist. He stated that it is an untested area and thought this could be done iu have a rational for setting those areas aside such as historic district or wrist area. arson Tucker answered that we would have to do something like a sceni r. He was answered yes. That would be tough to loop that into the sig tonight, so we will leave it as it is now. nissioner Cole questioned that at the end of the 15 year period, wF ins if that sign is not removed, particularly if there is an economic reason it? Is there an appeal process for the owner? Are there findings? aff answered it becomes an illegal sign. The owner could apply for >dification for an exception in order to keep the sign; however, It would ngerous to get into financial hardship qualifications. immissioner McDaniel noted that the bottom line is that we are trying to get these signs. If there is a hardship, you need a smaller sign. We want to of the ugly signs and we are using the 15 years to get over the hardship. 'r. Pflugrath noted overall you really erode the whole process by creatir ,opholes. The City of Dana Point had a similar program and at the end they g �II the signs down; they had 15 years to amortize the signs and the State sa,, Page 20 of 23 file : //H:1Plancomm120051060905.htm 08/01/2005 9� Planning Commission Minutes 06/09/2005 15 years is a fair number for the lifespan and value of a sign. It is a long ust time. ritage Signs Program - Criteria has been strengthened to require (ritage Signs be at least 35 years old, and not simply be a unique sign character and aesthetic value. r. Berger noted the list included in the staff report, and that the ages are still tc determined. Additionally, there is another list of a few signs for consideratior at have to be researched. The owner and operator of the Crab Cooker ha,, ked that all the signs on his building be considered part of the Heritage Sigr ogram. Although the institution is of note, it is not our estimation that not al signs are of historic note. The one on top of the roof is, but not the rest. ommissioner McDaniel agreed and noted that a neon crab is not n n historic event. It is old, but it is not significantly historic. :)mmissioner Hawkins noted that this is a Sign Ordinance, not something tf eates a safe harbor for virtually every sign on an old building. With respect e list of signs, he noted that although the Rusty Pelican and Zodiac signs m fimately qualify as heritage signs, he did not at this time believe that th could be included in the list. Berger explained the initial take on those signs noting that this list is only rence and staff would welcome any additional input. ,. Wood noted her support of the Zodiac sign prior to the latest painting on it. Temple noted that the Rusty Pelican sign is probably just barely 35 yea Berger noted that Rusty Pelican sign is indicative of the maritime sort food row culture' that Mariners Mile is all about. At least that is what peop c of it as, not so much cars and boats, but the sport fishing fleet and sE restaurants and the like. Also, we've subsequently found out that the Do ing Fleet sign is less than 35 years old, and the grizzled guy in the boat is f new addition. We may end up taking that off the list. response to Commission questioning, Cathy Wolcott added that the xney's office would not like to have the list of the original signs in inance. It should be a separate document that follows closely. Pflugrath noted that is a work in progress. He noted he had suggest iony's Shoe Repair roof - mounted sign; but it may not make it because it old enough. s. Temple stated that sign had been re- located from Via Lido, so the sign ight be older. scussion followed on some other potential signs. Page 21 of 23 file: //H: \Plancomm \2005 \060905.htm 08/01/2005 9 Planning Commission Minutes 06/09/2005 Conflicts - no change. New definitions - no change. zentive Program - no change. doned Signs -no change. tion Clause -no change. on City property- City is exempt from its own sign regulations. me Signs - prohibit on private property. The City Attorney's office ng to strengthen and update regulation of A -frame signs on pub ss value versus replacement costs - lower to 20% of replacement cost. oval of Abandoned Signs - no change. als process - remove from page 56. orary construction signs - one sign per street frontage for 90 days. combine with 'future tenant' signs. "-nortization program - apply to signs installed under Mariners Mile Specific, gn Regulations and the Balboa Overlay Sign Overlay Sign Regulations -I amortization, and removal of certain types of nonconforming signs and :xtension of nonconforming status. signs - no change. signs - to be discussed at the next meeting. DIlowing this discussion, the Commission directed staff to make the char scussed: for when a non - conforming sign needs to be approved under omprehensive Sign Program as the property is being remodeled, what andards should apply to GEIF land uses, to prohibit A -frame signs, and to time limit on the display of the temporary construction signs. Motion was made by Chairperson Tucker to continue this item to July 7, 2005 Page 22 of 23 Ayes: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Hawkins Noes: None Absent: None Abstain: None DDITIONAL City Council Follow -up - none provided. file: //H: \Plancomm \2005 \060905.htm ADDITIONAL BUSINESS 08/01/2005 D Planning Commission Minutes 07/07/2005 Page 12 of 17 . SUBJECT: Comprehensive Sign Code Update and Sign Design Guidelines ITEM NO. 5 Manual (PA2005 -091) PA2005 -091 ,,)de Amendment No. 2005 -005 to amend Municipal Code Chapter 20.67 Recommended related to sign standards applicable to all signs on a citywide basis with the for approval exception of the Newport Coast and Ridge Planned Communities, and where sign regulations are not referenced in the Santa Ana Heights Specific Plan area and all other commercially -zoned Planned Communities. The Balboa Sign Overlay and Mariner's Mile sign regulations will re repealed by these proposed regulations, and their provisions will be incorporated into the proposed ordinance. A Sign Design Guidelines Manual is also to be considered, in order to supplement the new sign code and establish criteria for the creation of well designed signs and further the intent and purpose of the sign code. nomic Development Project Manager George Berger gave the following rview: . The sections on 'A' frame signs have now been rewritten to prohibit on private property. . GEIF and Open Space Districts - a set of standards have been subn with reductions from the commercial standards where approp particularly for area requirements for walls and freestanding signs. . We have reduced the percentage of building replacement needed befo Comprehensive Sign Program is required; the trigger for that is now 20 %. . For future tenant and construction and project signs, we have reduced the number of signs which a project could have had from 3 different sign: down to 1 sign on each project frontage, up to a maximum of 2 Technically if you had a project that was going up on a corner that hac three sides or one that is double fronted, you could have had at least 2 i not 3 frontages for all those signs and have up to possibly 6 signs. Now the maximum you can have is 2. . The Heritage Sign program list is still being worked on. We have been it touch with the owners on the initial list; however, it has been slow to get the calls back from them, and since some of the sign owners do not know hom old their signs are, so we are having to go back to find out the information. The list will be brought back for consideration at a later date. . Editorial and typing issues that were noted by staff and Comm members have been addressed. . The Irvine Company letter (which he presented and distributed) is to discussed. . A question on abandoned signs has come up. The City Attorney asked that we add a clause on page 51, 'An abandoned sign or a conforming abandoned sign shall be immediately removed by the o, file: //H: \Plancomm \2005 \070705.htzn 08/01/2005 1 � Planning Commission Minutes 07/07/2005 or lessee.....' The reason is the difference in California law for the frame that can be used to remove an abandoned sign versus abandoned non - conforming sign. Comments on the table for GEIF on page 25; the text was clarified to al awning signs and wall signs but to preclude window signs from be allowed as they are not appropriate. The footnotes have been left below the table will be added - they are the same as on page 23, which the same footnotes as for the regular commercial signs. In the Irvine Company letter, item 1 - staff feels it could go either way, bu we would like your input so that this can be addressed. The request is tc change the wording on Item 1 to suggest a more objective standard whichever is lower is more objective than what The Irvine Compan, suggested that we revise it to, which is, as determined by the Plannim Director. The Planning Director, in practice, is capable of making tha decision; however, The Irvine Company is correct that whichever is lowe allows for less discretion. We would like to bring this to you and ask you preference. ;ommissioner Cole asked what is the concern of the Irvine Company that :purred the request? r. Berger answered that the concern is that the pad for a building that is ✓ver or far higher than the roadway. He discussed the placement of signs ;rms. He concluded that The Irvine Company is asking for as much discre' they can get because they do have so many pieces of property that are he iallencled. Discussion followed. Commission inquiry, Mr. Berger discussed in further detail staffs position of nments /suggestions made in The Irvine Company letter dated June 15, 2005 Wood discussed the possible ramifications of administration. ommissioner Tucker noted the following: . Page 4 of the Sign Ordinance - spelling of supersede . Page 19 - a lot of language in the text plus tables that are to be a qi look up for the text. If there is a conflict between the text and tables, w prevails? He suggested that a sentence be added that favors the text, that is the most precise. . Page 27 - Awning maintenance item number 7, delete as there maintenance section that covers a lot more detail. . Page 38 - the inconsistency language regarding text and tables on page 1 is also noted here. . Page 44 - section B, sign permit requirement. The last sentence, 'applicant should be aware that'.... Page 13 of 17 file : //H:\Plancomm\2005 \070705.htm 08/01/2005 i�� Planning Commission Minutes 07/07/2005 C] Page 48 C - insert ...'is the approving authority' after The Zon' Administrator. He noted his concern that an applicant have recourse apply for a bigger than 20 to 30 percent above that allowed. Ms We answered that a modification could cover something beyond the 20 to percent. Commissioner Eaton suggested inserting a sentence, 'f request in excess of these figures would require a modification.' . For the Comprehensive Sign Program, the Zoning Administrator is approving authority and therefore the Planning Director is not involved. . Berger noted that in a number of circumstances, the Planning Director ca ake a request that a Comprehensive Sign Program be required. He proceede give scenarios. nuing, Commissioner Tucker noted: . Page 48 paragraph 5 - change text to '....total number, location height of the signs...' . Page 52 - combine 5 and 6 and just say an abandoned sign. . Page 51 - the time frames may be different but it seems that the abandoned and nonconforming are similar. Discussion followed. iron Harp stated that abandoned signs and abandoned nonconforming sig e defined differently. The abandoned non - conforming sign has sped quirements; we broke it out for clarity. At Commission inquiry he explain California Business and Professions Code there are spec' i when you can get rid of an abandoned non - conforming sign. T ie a non - conforming sign mirrors that definition used in the Cc 90 day requirement that it has to be abandoned before it can hout the City having to pay to have the sign removed. ign is a broader definition because it applies to all signs that do r non - conforming category. The differences are not major, but the =s. The case law of abandoned signs turns on when and how y blish that it has in fact been abandoned. We included the tir the same basically so that it all runs together. :ommissioner Tucker noted: i3 - changes in proper maintenance - add language, .....disp shall be kept clean and painted and repaired at all time sally, in the third sentence, '....faded, cracked, or broken faces ?s and .....' aron Harp noted that in the modification permit - if someone is looking for 20 tE 30 percent more, then they are coming in for the Comprehensive Sign Program hey would be coming in for a modification permit as you are looking for morE ,an what could be achieved through the Comprehensive Sign Program, so yot Quid justify it under the modification permit provisions. file : //A:\Plancomm\2005 \070705.htm Page 14 of 17 (DI 08/01/2005 Planning Commission Minutes 07/07/2005 Ms. Wood noted there could be instances where the applicant could apply both. Discussion followed. mmissioner Hawkins agreed with Commissioner Tuckers proposal a ,.,,ded referencing page numbers in the Sign Code: . Page 11 Definitions: - Portable 'A' sign should be stricken. Mr. agreed. . Page 6 - change the language in definition of A -Frame Sign to read, freestanding portable sign usually used on public sidewalks hinged at t top, or attached in a similar manner, and widening.....' . Page 13 - definition of service station. A reference to fuel docks should fal within this definition. s. Wolcott answered that is the definition in the California Code dealing :rvice stations signs specifically, so we took their definition. It was not w cover marina vehicles. Temple added that this code will be in Title 20, it will only apply to zc erty. The fuel docks are typically not on zoned property and would missioner Hawkins continued: . Page 35 - Paragraph 17, add '.....approval of a Modification Permit.' mmissioner Tucker proposed the following language on page 48. Secon; hence in 'c', The Zoning Administrator shall not approve an increase in sigi ght by more than 20 percent above that allowed or an increase in sign are; more than 30 percent above that allowed absent a modification permit.' H; n charged Mr. Harp to contemplate this language to be sure that this woulc create a hardship or problem elsewhere in the document. Harp agreed. Berger added one more strikeout in the definition of 'A' frame sign. Id like to strike out the 'usually used on public sidewalks' clause. tion was made by Commissioner Eaton to recommend approval of Cod endment No. 2005 -005 to the City Council with the modifications mad ig ht. comment was opened. .on Pflugrath, commended the Commission and staff for their due diligence o ;is item, and noted that the lengthy 2+ year process really made a difference i ,�tting it right. (Commissioner Cole noted at the first hearing there was feedback file: //A:\Plancomm \2005 \070705.htm Page 15 of 17 08/01/2005 Planning Commission Minutes 07/07/2005 interested parties. He asked if they will be kept up to date as to the proceedi f this meeting in particular the Chamber of Commerce. He noted his con( hat there seemed to have been little active participation by citizens on )ortant matter. Ir. Berger noted the full subcommittee had not been kept up to date as thf rocess had moved from the committee review stage to the Plannin( ommission stage other than individually by him during course of conversation. he Chamber of Commerce representative has been keeping updated on thi: E)m because he also sits on the Executive Committee of the Economi levelopment Committee, and we have kept them updated regularly. We will bf caking versions of the guidelines to the subcommittee as they are approved. ommissioner Tucker asked about the Heritage Sign list, and what the plan w rr it. Mr. Berger noted it will be coming back to the Planning Commission i ;view before the City Council adopts it. There are plans to have at least ieetings on this item at the Council level - one Study Session and two regu ! ublic hearings. Wood added that the motion to approve should also include the Planr mission approval of the Sign Design Guidelines as well. The maker of :)n agreed. Public comment was closed Page 16 of 17 - (Ayes: Eaton, Hawkins, Cole, Toerge, Tucker Does: None sent: McDaniel Abstain: Henn DITIONAL BUSINESS: ADDITIONAL BUSINESS City ncil Follow -up - Ms. Temple reported that the Code Amendment 1 the requi ents for parking standards for condominium conversions w discussed in ail. Staff recommended a requirement for a condominit conversions of exi g units that could be allowed only when the curre code for parking was t within the project. She noted the discussion detail. The City Council i duced the change leaving it at the code existence at the time the unit w constructed for two- family properties a for current code for all others. It wil coming back for second reading a final action. The question of the dup s will be coming back to t Planning Commission at the August 4th m 'ng. The other item was discussion regarding scheduling for the public he 'ng of the St. Andrev Church expansion project which was set for August 9th the opening of t public hearing with adjournment to August 11th; that will be e only item the agenda. Report from Planning Commission's representative to the Development Committee - none. Report from Planning Commission's representatives to the General Planl \ Update Committee - no meeting. I{ \ II 163 file: //H:\Plancomm\2005 \070705.him 08/01/2005 RESOLUTION NO. 1672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF CODE AMENDMENT NO. 2005 -005, ADOPTING SIGN REGULATIONS AND RELATED AMENDMENTS TO TITLE 20 OF THE MUNICIPAL CODE OF THE CITY OF NEWPORT BEACH AND RECOMMEND APPROVAL OF A SIGN DESIGN GUIDELINE MANUAL WHEREAS, the Planning Commission finds that proper sign control is an important governmental interest; and WHEREAS, the City of Newport Beach General Plan, Land Use Plan Policy F calls for the City to "develop and maintain suitable and adequate standards for... sign control_..'; and WHEREAS, the Planning Commission recognizes that the City's present Sign Regulations, as found in Title 20.67 of the Municipal Code of the City of Newport Beach, are outdated and out of alignment with current standards for sign design, construction, and community aesthetics; and WHEREAS, the Planning Commission recognizes the City's extraordinary setting and desires to protect public safety and property values and enhance the City's unique character and aesthetic standards; and WHEREAS, the Planning Commission intends to provide each sign user an opportunity for adequate identification while guarding against excessive and confusing proliferation of signs by appropriately regulating the time, place and manner under which signs may be displayed; and WHEREAS, the Planning Commission desires to ensure the freedom of expression for sign uses, including noncommercial speech, and to maintain a content - neutral approach to sign regulation; and WHEREAS, the Planning Commission intends to enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property and general welfare of City residents and visitors; and WHEREAS, it is the Planning Commission's intent to provide a review and approval process for signs to ensure compliance with the requirements of this Chapter; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is not subject to CEQA as the activity is not a project as defined in Section 15061 (b) (4) (General Rule) of the California Environmental Quality Act Implementing Guidelines; and . WHEREAS, a public hearing was held on May 5, 2005, continued on June 9, 2005, and continued to July 7, 2005 in the City Council Chambers, 3300 Newport Boulevard, Newport 161 Planning Commission Resolution No. _ Paae 2 Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at these meetings. NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION: hereby recommends approval of Code Amendment No. 2005 -005, and adoption of the Ordinance attached as Exhibit A. BE IT FURTHER RESOLVED: that the Planning Corrtlfnission hereby recommends approval of Sign Design Guidelines attached as Exhibit B. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2005. 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