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September 27, 2016
Agenda Item No. 13
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY:
Matt Cosylion, Code Enforcement Supervisor
PHONE:
949-644-3217
mcosylion@newportbeachca.gov
TITLE:
Code Amendment Initiation Amending Title 20 - Temporary Signs
(PA2016-149)
A request to initiate an amendment to the Zoning Code to allow the placement of
temporary noncommercial pennant banners in limited circumstances.
Section 20.66.020 of the Municipal Code requires City Council action to initiate City -
sponsored amendments.
RECOMMENDATION:
a) Find this action is exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA
Guidelines; and
b) Initiate an amendment to Section 20.42.090 of the Municipal Code allowing
noncommercial pennant banners and themed lighting to be hung across public
streets with limitations placed on street size, dates, and length of placement.
FUNDING:
There is no fiscal impact related to initiation of the code amendment. The fiscal
impacts associated with allowing noncommercial pennant banners across public streets
will be analyzed in conjunction with the amendment.
DISCUSSION:
Residents on the Balboa Peninsula and Balboa Island have traditionally used pennant
banners as part of their holiday decorations for the Fourth of July. In recent years, these
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Code Amendment Initiation Amending Title 20 - Temporary Signs (PA2016-149)
September 27, 2016
Page 2
decorative banners have also been utilized on other holidays, including Memorial Day
and Labor Day. Banners are typically hung from a second -story deck or wall and
attached to an adjacent property across the street. Various pennants types are
presented in Attachment A.
The City's current sign regulations prohibit the placement of signs on public property.
This restriction includes decorative banners or other signs that cross public streets.
Staff has received feedback from residents on Balboa Island requesting the Zoning
Code be amended to allow pennant banners to be hung across City streets as long as
they do not impact the public right of way and with limitations placed on time of year,
street width, and length of stay. Balboa Village Merchant's Association ("BVMA") and
the Balboa Island Improvement Association ("BIIA") have also expressed interest in
placing banners or lights across Main Street and Marine Avenue respectively.
If initiated, staff will obtain additional input from the BVMA, BIIA, and other entities in the
City prior to developing the proposed amendment. The amendment process will require
public hearings before the Planning Commission and City Council.
Initiation of the process does not have any binding effect on future decisions and the
amendment may ultimately change based upon additional staff analysis, public
outreach, or direction from the Planning Commission and City Council.
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Staff recommends the City Council find this action is exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15262 (Feasibility and
Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because initiation of a Municipal Code amendment is not the adoption of a
legally binding regulation and merely directs staff to analyze the suggested amendment
and present a recommendation for future action. Environmental analysis will be
performed consistent with CEQA prior to action on any proposed code amendment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Pennant Banner Types
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ATTACHMENT A
Types of Pennant Banners
PATRIOTIC
PLAIN, MULTI -COLORED
HOLIDAY LIGHTED GARLANDS COMMUNITY EVENT SIGNS
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