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HomeMy WebLinkAbout16 - Decorative Banner-Flag Encroachment PolicyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, AICP, Economic Development Coordinator 949 -644 -3230, kbowden @city.newport- beach.ca.us SUBJECT: Decorative Banner /Flag Encroachment Policy ISSUE: Staff has received requests to simplify the encroachment permitting process for decorative flags and banners extending over the public right -of -way within the City's three geographic Business Improvement Districts (BIDs). RECOMMENDATION: Adopt the proposed City Council Policy as provided in Attachment A. DISCUSSION: Background: Both the Marine Avenue and Balboa Village BIDs have expressed an interest in beautifying their villages through the installation of semi - permanent decorative flags and /or banners on public street lights within their respective BID boundaries. Such flags are decorative in nature and do not contain any text with the exception of the U.S. or other national flags and/or geographical community designations, including associated emblems. The purpose of these flags is to beautify through the use of color in the pedestrian realm and to reinforce the geographic identity of each individual village. The flags may be rotated to correspond with the seasons. (See exhibit to Exhibit A for examples of decorative banners/ flags which would be permissible under the proposed policy.) The Marine Avenue BID would like to install decorative flags on public streetlights each year during the annual Balboa Island parade. In the past, the Marine Avenue BID has utilized the generosity of Utilities Department staff in order to install their decorative "Balboa Island" flags and American flags on public street lights. However, due to the Decorative Flag Encroachment Policy June 9, 2009 Page 2 limitations associated with relying on City staff for such work, the Marine Avenue BID has approved expenditures to employ a licensed contractor to formalize the rotation, removal, and maintenance of the Marine Avenue flags. Similarly, the Balboa Village BID has expressed interest in installing decorative banners on public streetlights within the Village during the summer season. Currently, any decorative banners/flags installed by an entity other than the City of Newport Beach must abide by Council Policy L -16 for the installation of banners /flags extending over public right -of -way. This Council Policy requires the party to apply for an encroachment permit through the Public Works Department. Public Works staff then places the item on a Council meeting agenda for Council approval. The banners /flags are limited to an installation period of 30 days unless otherwise approved by Council. In order to rotate the banners /flags on a seasonal basis, the applicant would have to repeat this process for each new installation request. It is staffs opinion that Council Policy L -16 was created to regulate temporary streetlight banners promoting special events (i.e. Taste of Newport, Restaurant Week, etc.). Staff believes that the current Council Policy does not adequately address semi - permanent decorative flags used for beautification and identification purposes. Staff has received comments from one licensed contractor who believes that the City's current policy regulating temporary streetlight banners is overly cumbersome for a rotating decorative banner/ flag program. In addition, with the recent decline in retail sales, the BIDs feel that a decorative banner /flag program will help to reinforce their branding efforts and better market their districts as retail destinations within the City of Newport Beach. Recently, the Corona del Mar BID applied for a Christmas holiday banner permit under the existing policy. The 62 -day encroachment permit required, Council approval. Though the proposed policy would allow the Corona del Mar BID to install decorative banners within its boundaries through an annual encroachment permit reviewed at staff level, all holiday banners containing seasonal messages shall be subject to Council Policy L -16 and require Council review and approval. SUMMARY: Staff recommends the approval of the proposed Council policy as provided in Attachment A. The proposed policy was modeled after Council Policies L -16 and L -24, which regulate the installation of temporary banners extending over the public right -of- way and the installation of flags on public bridges, respectively. Similar to Council Policy L -24, the proposed policy requires a yearly encroachment permit and agreement from the Public Works Department, but would not require City Council approval or limit the period of installation to 30 days. Environmental Review: The City Council's approval of this item does not require environmental review. Decorative Flag Encroachment Policy June 9, 2009 Page 3 Public Notice: The agenda item has been noticed according to the Brown Act (72 hours in advance fo the meeting at which the City Council considers the item). Prepared by: t athlyn Bowde CP Economic Development Coordinator Submitted by: At4�v Sharon Wood Assistant City Manager Attachments: Draft City Council policy (Attachment A) Examples of permissible decorative banners/ flags (Exhibit A) City Council Policy L -16 (Attachment B) City Council Policy L -24 (Attachment C) 9, FLAGS PLACED WITHIN OR EXTENDING OVER THE PUBLIC RIGHT -OF -WAY WITHIN BUSINESS IMPROVEMENT DISTRICTS The City Council supports beautification efforts directed to improve the quality of life and economic vitality of its three geographical Business Improvement Districts' historic commercial villages. Decorative flags shall be permitted to enhance the appearance and identify the areas of the City's geographical Business Improvement Districts pursuant to this policy. However, the City Council also finds that excessive numbers of flags bearing text can be distracting to drivers, detract from the City's unique environmental setting, and create a cluttered atmosphere on public property. In addition, the City Council does not intend to establish any limited public forum for speech on City fixtures that is inconsistent with the limits on categories of speech, classes of speakers, and venues for such limited speech established in Council Policy L -16. The City Council wishes to ensure that flags displayed within the three geographical Business Improvement Districts are installed and displayed in a manner that does not damage City property, create a hazardous condition on public property, or incur increased installation or maintenance expense for the City. Encroachment permits shall be required on an annual basis, and all flags displayed pursuant to the provisions of this Policy shall be designed and installed consistent with the technical specifications and other requirements set forth under the encroachment permit. POLICY A. The City shall permit decorative flags to be installed by the three geographic Business Improvement Districts on City poles and standards approved by the Director of Public Works, within the geographic boundaries of the Business Improvement Districts. The permitted locations are the Business Improvement Districts of Balboa Village, Marine Avenue, and Corona del Mar. Except as permitted under this Policy, Newport Beach Municipal Code Chapter 20.67, and Council Policies L -16 (Temporary Signs. and Banners on Public Property) and L-24 (Flags on Public Bridges), no decorative flags shall be installed within or over the public right of way in other geographic areas of the City. B. All flags permitted under this Policy shall be decorative in nature and shall not contain any text with the exception of geographical community designations. (ex: Balboa Island, Balboa Village, etc.) Commercial messages, noncommercial messages, or messages of any kind, including but not limited to logos and symbols associated with known religious, political, commercial, and/or nonprofit entities shall not be allowed. National flags of any nation shall be permitted. z" C. No person shall install, maintain or remove flags on City poles, standards or other fixtures within the geographic boundaries of the Business Improvement District ( "BID ") areas without fast obtaining an encroachment permit and agreement from the Public Works Department. The permit/agreement shall be valid for a period of one year and will be renewable annually. 1. Applications for an annual flag permit in a BID geographical area shall be submitted to the Public Works Department on a form supplied by the City. With its application for each annual permit, the Permittee shall include proposed locations, designs, materials, specifications and dimensions for all flags it intends to display with its application for the permit/agreement. 2. The Public Works Director will review each application for consistency with Department standards, including but not limited to dimensions, materials, location, type of installation, and wind load considerations. The Public Works Director shall approve or deny the application within 10 business days from the date the Director deems the application complete. 3. All flags displayed under the annual permit/agreement shall be consistent with the specifications and other information included with the permit/agreement application. No change or deviation in location, design, material, specification or other information submitted to and approved by the Public Works Director shall be permitted under the annual permit/agreement unless first approved in writing by the Public Works Director. 4. Flags shall not encroach on or above any portion of a right of way utilized by motor vehicles. 5. No more than two flags may be installed on any City pole or standard at any time. With the approval of the Public Works Director, up to two flags may be permitted on a single pole. If the Permittee requests a permit for more than one flag or banner on any single pole, only one of the flags or banners on the requested pole may contain text. If a pole or standard designated by the Public Works Director for flag display under this Policy is also one that is designated for temporary banner display under Council Policy L -16, and more than one Permittee or entity requests the use of the same pole or standard at the same time, the City may require temporary removal of some of the flags permitted under this Policy to allow other entities to install banners authorized under City policies. (r. 6. The Permittee shall contact the Electrical Division of the Utilities Department of the City of Newport Beach at least 48 hours prior to the installation of any flag on streetlight poles pursuant to the annual permit/agreement. 7. The Permittee shall employ a licensed contractor for installation and removal of any flags installed under the annual permit. The Permittee and any contractor employed by the Permittee shall agree to indemnify and hold harmless the City of Newport Beach. 8. The Public Works Director may impose a refundable security deposit to be applied to any damages and/or repairs to standards or poles not corrected by Permittee within 14 days of flag removal or any special service required by the City. 9. The Business Improvement Districts shall be responsible for the installation, maintenance and removal of flags permitted under this Policy within their geographic boundaries. Decorative banner portion subject to proposed Council policy (Attachment A) Removable banner portion - subject to Council Policy 1 -16 if advertising an event (e.g. the Newport to Ensenada Race) L-16 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY FINDINGS AND PURPOSE Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or over the right of way and by distracting an individual who otherwise would, and should, focus on other users. The City Council also finds that, in the absence of the size and number limits specified in this policy, temporary banners or sign could reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of temporary banners and signs is appropriate with the exception of the provisions of this Policy and Chapter 20.67 of the Newport Beach Municipal Code because there are adequate alternative means of communication for those wishing to engage in commercial or non - commercial speech except for temporary real estate signs and non - profit groups organizations conducting community wide events co- sponsored by the City of Newport Beach and open to the general public. Finally, the City Council has determined that the restrictions contained in this policy and the provisions of Title 20 of the Newport Beach Municipal Code are the least restrictive means available to accomplish the public safety, economic and aesthetic objectives of the City Council. GENERAL PROVISIONS Temporary banners and signs shall not be permitted within or over any public street or pedestrian right of way with the exception of temporary real estate signs as specified in Chapter 20.67 of the Newport Beach Municipal Code and banners notifying the general public of a community wide event, open to the general public without charge, conducted by a non -profit corporation or organization, and co-sponsored by the City of Newport Beach Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy and any conditions imposed on the permit by the Public Works Director and, if required, by the Utilities Director. PERMIT PROCESS A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install any temporary banner or sign within any public right of way without first obtaining a permit issued by the Public Works Department. L-16 B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to 30 days of planned installation date. C. The Public Works Director shall determine if the application complies with the standards specified in this policy. D. The Public Works Director shall approve /deny /recommend City Council approval of the application within five (5) working days. E. The Public Works Director shall approve the permit if the application conforms with the standards contained in this policy. F. The Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial. G. The Public Works Director may impose a refundable security deposit to be applied to any damages, repairs to standards or poles not corrected by permittee within 14 days of banner removal or any special services required by City. H. The Permittee shall agree to indemnify and hold harmless the City of Newport Beach. 1. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Bests Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or higher. STANDARDS A. Manner of Installation 1. Permittee shall install no more than one hundred (100) banners, 2. a) Banners on streetlight poles shall be no more than 2.5 feet wide and 8.0 feet high and approved by the Utilities Department. Wind load calculations, determined by a registered engineer, will be required for banners greater than 20 square feet; 2 f; L-16 b) Banners other than streetlight pole banners shall be no more than 4' x 8' wide and are subject to review and approval by the Public Works Department for safety sight distance and clearance issues. 3. Banners shall not encroach on or above any portion of a right of way utilized by motor vehicles; 4. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; S. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee; 6. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 7. All banner brackets on streetlight poles must be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90) mile per hour winds; 8. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or other pre - approved material under all steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. In addition, all street light pole(s) being used must be inspected and approved by the Utilities Department; 9. Banners shall be installed only at locations specified on the permit, 10. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and /or the Caltrans manual of traffic control; and 11. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies. 3 L -16 B. Time of Installation 1. Permittee shall contact the City Electrician of the Utilities Department of the City of Newport Beach at least forty eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; 2. All banners and supporting material shall be removed within thirty (30) days after the date of installation; C. Place of Installation. 1. Banners shall only be installed on City owned poles and standards, or previously approved locations in roadway medians, in City parks, and on other City owned facilities; 2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic; 3. Banners shall not be installed on poles or standards in any residential district. 4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application. Adopted - January 24,1994 Amended - February 26,19% Amended - February 24,1997 Amended - May 8, 2001 Amended - April 8, 2003 Amended - October 10, 2006 Formerly M-4 4 L-24 FLAGS ON PUBLIC BRIDGES The City supports the beautification of public bridges that serve as gateways to various communities and commercial areas. Decorative flags shall be permitted to enhance the appearance of City Bridges pursuant to this policy. GENERAL A. The permitted locations are the Lido Isle/ Via Lido Bridge, the Balboa Island /Marine Avenue Bridge, Little Balboa Island /Park Avenue Bridge and the Arches Interchange Bridge. Flags shall be prohibited on all other public bridges. B. All flags shall be decorative in nature and shall not contain any text with the exception of the U.S. flag and geographical community designations (ex: Balboa Island, Lido Isle, etc.). Commercial, political, or religious messages or messages of any kind, including logos and symbols shall not be allowed. C. No person shall install, maintain or remove flags on City bridges without first obtaining an encroachment permit and agreement from the Public Works Department. The permit /agreement shall be valid for a period of one year and will be renewable annually. AUTHORITY TO INSTALL, MAINTAIN AND REMOVE A. The Lido Isle Community Association shall be the designated agent of the City and shall be responsible for the installation, maintenance and removal of flags on the Lido Isle /Via Lido Bridge. B. The Balboa Island Improvement Association shall be the designated agent of the City and shall be responsible for the installation, maintenance and removal of flags on the Balboa Island /Marine Avenue Bridge. C. The Little Balboa Island Association shall be the designated agent of the City and shall be responsible for the installation, maintenance and removal of flags on the Little Balboa Island/ Park Avenue Bridge. Adopted - June 22, 2004