HomeMy WebLinkAbout18 - BA-002 Balboa Peninsula Sign ProgramCITY OF NEWPORT BEACH
�1'wWPORr COMMUNITY AND ECONOMIC
A DEVELOPMENT
3300 NEWPORT BOULEVARD
u
a NEWPORT BEACH, CA 92658
°9t�FOaH�t
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
August 13, 2002
18
George A. Berger, AICP
(949) 644 -3207
SUBJECT: Budget Amendment to reappropriate funds for the Balboa
Peninsula Sign Amortization & Incentive Program.
SUMMARY: An overview of the Sign Amortization & Incentive Program of the
Balboa Sign Overlay, and a recommendation for Council approval of
a budget amendmentto reappropriate funding for this program.
SUGGESTED ACTION: Authorize a budget amendment transferring $50,000 from
General Fund unappropriated reserves to Account 7014 -
C2700701.
Discussion
On November 14, 2000, the City Council adopted the Balboa Sign Overlay (BSO), which provides
supplemental provisions to the City's Sign Code (Municipal Code Chapter 20.67). The sign
overlay, which was created through a public process dating back to 1997, supplies regulations for
privately owned, on -site signs in the commercial areas of the Balboa Peninsula, and offers
guidelines for the implementation of new commercial signage on the Balboa Peninsula.
Because the City Council realized that the implementation of the BSO would create a larger
number of legal non - conforming signs, and because the City would like to effectuate the rapid
removal and replacement of these legal non - conforming signs, the Balboa Peninsula Sign
Amortization & Incentive Program (Program) was developed and funds allocated to assist with the
implementation of this Program.
The major component of the Program is that businesses with signs made legally non - conforming
(permittedprior to the adoption of the BSO but no longer in compliance under the new regulations)
must have their non - conforming signs brought into compliance by year 2015, which is in
accordance with the State's Business and Professions Code regarding sign amortization period. To
assist property and/or business owners on the Peninsula who have these signs on their property, the
Program provides limited financial assistance to help with the removal and disposal of the non-
conforming signs, and helps them with the cost of designing and installing of new conforming
signs. The Program provides incentives to changing out non - conforming signs earlier in the
process; and, as the years go by, the incentives are reduced. Reduced to its essential elements, the
City's Program offers to pay for the following, in addition to waiving all fees for a new sign permit:
In 2002:
• Professional removal and disposal of the non - conforming sign(s);
• Design of up to a maximum of three signs in conformance with the BSO, one of
which is to be selected by the applicant;
• Fabrication and installation of the selected sign alternative.
In 2003 & 2004:
• Professional removal and disposal of the non - conforming sign(s);
• Design of up to a maximum of three signs in conformance with the BSO, one of
which is to be selected by the applicant.
In 2005 & 2006:
• Professional removal and disposal of the non - conforming sign(s).
From 2007 through 2010:
• 50% of the cost of professional removal and disposal of the non - conforming sign(s).
With a few exceptions (designed to allow the City to allocate funds where the City determines a
unique opportunity to effectuate a major change that would not otherwise occur) the Program is
available on a first -come, first -served basis as established by an "interest list." To the extent
available, funds that were approved in the City's FY 2001 -2002 annual budget were to be used to
help implement the Program.
As an additional component of the State's Business and Professions Code, a survey and inventory
of signage is required whenever a city adopts an ordinance that regulates or prohibits the use of on-
premises advertising that is more restrictive than existing law. There are at least 67 distinct types of
on -site, commercial signs on the Peninsula that are described in the BSO and subject to
regulation —from A- frames and awning signs to wall and window signs. The inventory of over
1200 individual signs has been completed by staff (although the signage on the Peninsula naturally
changes over time); a pilot project for sign replacement on the Portofino Beach Hotel was
conducted, and all Program elements are now in place to begin operation (see Exhibit A & B:
Program Guidelines, Application packet and sample letters). Of the 1206 individual signs
contained in the sign inventory on 413 individual properties, there are approximately: 435
conforming signs; 434 legally non - conforming signs; 313 illegal signs; 24 abandoned signs; and 20
exempt signs. Of the approximately 434 legally non - conforming signs, most are in non-
conformance due to one or more of the following factors: more signs than permitted per business;
signs larger than permitted; sign type not permitted; or sign location not permitted. 173 signs meet
all requirements of the base Sign Code and Overlay but do not have permits on file; and, while
some appear to have been installed prior to the implementation of the City's computerized permit
system, others simply were installed without proper permits. While these are "technically" illegal,
staff feels the public is better served by requesting that the owners simply obtain the proper permit.
The Current Planning counter staff is presently administering the requirements of the Balboa Sign
Overlay, and has processed approximately 20 sign permit approvals since the BSO took effect in
late 2000. The Planning Department will continue that practice through the standard approvals
process and the Modifications Committee process where necessary. The Code Enforcement staff
will continue to address the illegal and abandoned signage, and Community & Economic
Development staff will oversee the coordination of the Program itself.
Attached to this report as exhibits are: the Program Guidelines & Application packet that will be
provided to interested individuals; sample letters ---one to be mailed to property owners having
businesses with non - conforming signs on their property, and a second to be mailed to owners
having businesses with illegal signs on their property; and a list of Frequently Asked Questions to
which staff will continue to add. All these documents will be placed on -line; and the Guidelines
packet and FAQ's will be mailed along with the letters related to the non - conforming signs.
The Program will work as follows under most circumstances:
Step 1: Property owner receives notification by mail of the presence of a non - conforming
sign, and discusses the situation with staff or has the business owner do so.
Step 2: Should the sign owner chose to participate in the Program, an application is
submitted and an initial consultation is held to provide a more detailed overview of the
BSO, to review the signs on the property, and possible signage design and /or placement to
facilitate compliance.
Step 3: As funding is available on a first -come, first -served basis (with the exceptions
noted above) staff will notify the applicant that they are authorized to proceed, at which
time they may utilize one of the City's recommended list of design firms or their own sign
professional. The applicant must prepare a submission package which will be reviewed for
cost, compliance with the BSO and Sign Code, and for assurance that design, removal,
disposal, and replacement (depending on program year) are all adequately addressed.
Step 4: The applicant will have the non - conforming sign(s) removed, and new sign(s)
installed, by the firm they've contracted with. Permits are required, although City fees are
waived.
The applicant may request reimbursement of up to 50% of the total project cost once: all
non - conforming signs associated with the subject business have been removed; sign permit
approval of the final conforming sign design(s) have been issued by the City; and following
receipt by the City of documentation indicating the applicant has paid the signage
consultant/contractor(s)for the work to date.
Step 5: Once the sign(s) are installed and the work has been inspected and approved, and
once the final invoices to the consultant have been paid, the applicant may submit their
request to the City for final reimbursement.
The Program was originally funded in the 2000 -2001 Capital Improvement Program budget in
the amount of $5,000 within the Community Development Block Grant (CDBG) program, and
was adjusted to $50,000 in the 2001 -2002 CIP budget —an amount determined to be more in line
with program priorities and expected demand. As staff further developed the policies and
procedures for implementation of the Program, it was decided that the use of CDBG funds for
this project would not be beneficial and that it should be funded through the general fund. It was
determined that the use of federal CDBG funds would add significant regulatory burdens to the
administration of the program, potentially reducing business participation and/or the number of
businesses that could be assisted. Additionally, since the use of CDBG funds is limited to the
Balboa Village target area and the Program covers the entire peninsula, two distinct sets of
application and administrative paperwork would have been required. Another factor was that all
available public improvement CDBG funds were being designated for the Balboa Village
Pedestrian Streetscape Improvement Plan.
However, due to the program funding being shifted from CDBG to general fund, and due to its
similarity (of project description and funding level) with the Municipal Code sign chapter revision,
the budget line item for this program was inadvertently not included in the FY2002 -2003
rebudgeting process. Therefore staff recommends the full amount of $50,000 be allocated to the
Program as originally approved by the City Council in the FY2001 -2002 budget by the
authorization of a budget amendment transferring $50,000 from General Fund unappropriated
reserves to Account 7014- C2700701 (See Exhibit D: Budget Amendment Form). There have
been a limited number of requests for application into the program thus far; but staff anticipates
interest will grow dramatically as the notification letters (see attached) are received by property
owners.
The total cost to the City for the program will be $50,000 for Fiscal Year 2002 -2003, although staff
recommends that—as this fiscal year's projects are completed and actual interest in the program
becomes more apparent —the funding level be reviewed as needed or recommended to be adjusted
accordingly in FY2003 -2004.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachments:
Prepared by:
GEORGE A. BERGER, AICP
Program Manager
[A
�I%CV12X
• L
Exhibit A: Program Guidelines & Application Packet
Exhibit B: Sample letters
Exhibit C: Program FrequentlyAsked Questions
Exhibit D: Budget Amendment Form
EXHIBIT A
DRAFT
BALBOA PENINSULA
SIGN AMORTIZATION & INCENTIVE PROGRAM
INTRODUCTION
The Newport Beach City Council adopted the Balboa Sign Overlay (BSO) in November
2000, which provides supplemental provisions to the City's Sign Code (Municipal Code
Chapter 20.67) for the regulation of privately owned, on -site signs in the commercial areas of
the Balboa Peninsula. Because the City Council realized that the implementation of the
Balboa Sign Overlay would create non - conforming signs, and because the City would like to
effectuate the rapid removal and replacement of these non - conforming signs on the Balboa
Peninsula, the Balboa Peninsula Sign Amortization and Incentive Program has been
developed.
Businesses with signs that have been made non - conforming (signs that were legally permitted
prior to the adoption of the Sign Overlay but no longer comply under the new regulations)
must have their non - conforming signs brought into compliance by year 2015. To assist
property and/or business owners on the Peninsula who have legal non - conforming signs on
their property, the sign incentive program provides limited financial assistance to help with
early removal and disposal of their legal non - conforming signs, and helps them with the
design and installation of new conforming signs. With a few exceptions, the Sign
Amortization & Incentive Program is available on a first -come, first- served basis, to the
extent that funds are approved in the City's annual budget. Illegal signs are not eligible for
this program (and must be removed immediately). The City reserves the right to allocate
funds at its discretion to most effectively implement the new regulations.
INCENTIVE PROGRAM TIME FRAMES AND FUNDING COMMITMENTS
If your property or business on the Balboa Peninsula has legal non - conforming signs, you
may apply to be part of the Balboa Peninsula Sign Amortization & Incentive Program. The
adopted Sign Amortization and Incentive Program has very specific time frames and funding
commitments to bring these non - conforming signs on the Peninsula into compliance. Please
note that all non - conforming signs for the business being advertised by the sign that is the
subject of the application must be brought into compliance in order to eligible to receive any
financial assistance or reimbursement from the City. It is recommended in locations with
multiple tenants that the property owner, as permitted under the new sign regulations, submit
F: \USERS\PLN\Shared \BP Sign RegulationsWmonintion & Incentive Program \Council— 8- 14 -02\Procedumsfomewsigns revised 7 -1-
02.doc
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
a Comprehensive Sign Program application for the entire site. Planning Department staff will
gladly assist the property owner and tenants with this application.
Participation in this sign incentive program is subject to the following provisions, unless
otherwise amended by the City Council. As you will note, the sooner into the amortization
period you apply for the Balboa Peninsula Sign Amortization and Incentive Program, the
more financial assistance is potentially available to you. For questions regarding your
signage, you may contact the Planning Department at (949) 644 -3200, or visit the City's
website at www. city. newport- beach .ca.us /pin/planningmain.html. Planning Department staff
members will be available to assist you.
➢ During Year 2002: with no cost to the applicant, the City will provide financial
reimbursement for the professional removal and disposal of the legal non - conforming
sign(s); professional design services to prepare up to a maximum of three alternative
designs to replace the non - conforming sign(s) with a conforming one(s); and have the
selected sign constructed and installed. The City will also waive all fees for a new sign
permit.
➢ During Years 2003 and 2004: with no cost to the applicant, the City will provide
financial reimbursement for the removal and disposal of the legal non - conforming
sign(s). The City will also provide financial reimbursement for the preparation of up
to a maximum ofthree alternative conforming designs, but the applicant is obligated to
have the sign constructed and installed at their expense. The City will waive all fees
for a new sign permit.
➢ During Years 2005 and 2006: with no cost to the applicant, the City will provide
financial reimbursement for the removal and disposal of the legal non - conforming
sign(s). The applicant is, during these years, responsible for preparation of their sign
design, construction and installation of the new sign(s). The City will waive all fees
for a new sign permit.
➢ During Years 2007 -2010: the City will provide financial reimbursement to the
applicant for fifty percent (50 %) of the cost to remove and dispose of the non-
conforming sign(s); and will waive all fees for a new sign permit.
➢ Following year 2010: all costs and obligations to bring the legal non - conforming
sign(s) into conformance will be the business /property owner's full responsibility.
Throughout the duration of the program, however, the following guideline will be
consistently enforced —that the City will only provide financial assistance once non-
conforming signage is removed and conforming signage is installed
Page 2
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
INCENTIVE PROGRAM PROCEDURES
Here is how to take advantage of the program. Just follow these steps as outlined below:
Step 1:
Signage for a particular business may be non - conforming under the new regulations due to
their location, number or type, or even lack of City approvals. Copies of the Balboa Sign
Overlay and Sign Code are available from the Planning Department upon request. Remember
that whether a business has one sign or many signs, all permanent signs must now be in
compliance with the new regulations by 2015.
Visit the City's website at http:11www. city. newport- beach. ca. us/pin/planningmain.html to
review the BSO, or you may contact the City Planning Department at (949) 644 -3200 to talk
with a member of the staff assist you with a determination of compliance for your existing
signs.
Step 2:
Should you choose to make an application to participate in the Amortization and Incentive
Program, you should fill out and submit the Amortization and Incentive Program Application
Form to the Planning Department for consideration. The form is attached to this packet, and
is available at the Planning Department's public counter and on the City's website in PDF
format. There is no fee associated with the application; which only requires that you, as the
Applicant, provide some general information about the property, its ownership, the building
and the business signage. The City will place your completed Application on file in the order
it was received, so as to take action on them on a first -come, first -served basis throughout the
year.
When an application is accepted, City staff will review it and will schedule a brief initial
consultation with you, as the applicant. The purpose of this initial consultation is to provide
you with:
An overview of the Balboa Sign Overlay and Sign Code, and the time frames for
compliance with the Amortization schedule;
A review of the non - conforming signage on your property (or business) that is the
subject of the application;
An initial discussion regarding possible signage design and placement to facilitate
compliance with the Balboa Sign Overlay.
This will ensure that the applicant is aware of the opportunities available under the Sign
Incentive Program, as well as the requirements of the Balboa Sign Overlay and Sign Code.
The applicant is free to include a sign consultant of his or her choice in this meeting, but the
City will not be able to reimburse the applicant or their sign consultant for this meeting.
Page 3
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
Step 3:
City staff will notify the applicant that they have been authorized to proceed with signage
program development. The applicant may utilize any professional signage consultant for
compliance with this program, although it is encouraged that applicants utilize one of the sign
design firms recommended by the City (see attached list), since their qualifications have been
reviewed to ensure they have the insight and knowledge to bring non - conforming signage into
compliance quickly and effectively, and are well- versed in the intentions of the City under
this program.
Once the applicant has chosen a sign design consultant to assist them, the applicant will enter
into a contract for services directly with that firm. The sign design consulting firm (directly
or through their subcontractors) will then be responsible for some or all of the following
actions (not necessarily in this order):
A) Preparation of Submission Package:
Working with the applicant to prepare all information required for the formal
submission package. This information will include specific and detailed area and
dimensional information about the subject property, the building and subject sign(s);
and will include the property and/or business owner's written commitments to fulfill
their obligations as part of the Amortization and Incentive Program. By participating
in this program, the property and business owner(s) shall agree in writing to utilize a
sign alternative prepared by their sign consultant or a firm selected from the City's list
that is in conformance with the BSO, and - -prior to the reimbursement of any funds
from the City as authorized under the Sign Amortization and Incentive Program - -to
bring all signs associated with the subject business /property into compliance with the
Balboa Sign Overlay. The City will only provide financial reimbursement for the
removal and disposal of non - conforming sign(s) required to be to replaced under the
program.
The Submission package must also include a detailed written cost estimate by the sign
consultant, itemized to include the following tasks (depending on the applicable
project year).
2002:
• Professional removal and disposal of the non - conforming sign(s);
• Design of up to a maximum of three signs in conformance with the BSO, one
of which is to be selected by the applicant;
• Fabrication and installation of the selected sign alternative.
2003 -2004:
• Professional removal and disposal of the non - conforming sign(s);
• Design of up to a maximum of three signs in conformance with the BSO, one
of which is to be selected by the applicant.
Page 4
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
2005 -2006:
• Professional removal and disposal of the non - conforming sign(s).
2007 -2010:
• 50% of the cost of professional removal and disposal of the non - conforming
sign(s).
B) Professional removal and disposal of the non - conforming sign:
Subject to review and approval by the Planning and Building departments (and in the
above -noted project years), the cost of professional removal and disposal of the non-
conforming sign will be reimbursed to the applicant by the City; with the exception
that any cost(s) associated with the proper disposal of any hazardous material(s) will
be borne by the applicant.
C) Design and Fabrication of the new sign(s):
If utilizing one of the sign design consultants authorized by the City, a maximum of
three conforming design alternatives will be provided to the applicant, from which one
must be selected. As an obligation of participation in the program, the applicant must
agree in writing to utilize one of these new sign alternatives. Whether the applicant
uses a City - authorized design consultant or their own, the objective of the sign design
consultant is to provide the applicant with creative and conforming design alternatives
and sign fabrication, along with accurate project costs and accounting.
The applicant should coordinate with the sign designer on the new sign designs,
considering the following items:
• Size, location and scale of the new sign(s);
• Compatibility of the new sign(s) with the building and/or property;
• Consideration of any sign criteria imposed on the subject business by the
property owner, business CC &R's, or even adopted planned sign programs
that have been approved by the City for the property or business;
• Daytime and nighttime aesthetics;
• Material of the new sign(s);
• Repair of the building face when the old sign(s) is /are removed and the new
sign(s) is/are installed.
All designs submitted to the City as part of this program shall conform to the
provisions of the Balboa Sign Overlay and applicable requirements of the Sign Code
(Municipal Code Chapter 20.67). Further, the applicant or sign consultant shall make
application for and receive all required permits from the City and all other applicable
departments and agencies.
The applicant may request reimbursement of up to 50% of the total project costs once:
all non - conforming signs associated with the subject business /property have been
removed; sign permit approval of the final conforming sign design(s) has/have been
issued by the City; and following receipt by the City of documentation indicating the
Page 5
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
applicant has paid the signage consultant/contractor(s) for the work to date.
D) Installation of the sign(s), including permits and approvals:
Following the approval of required Building and Planning departmental sign permits,
the consultant will fabricate and install the approved sign(s). All fees for sign permit
applications, building, electrical and/or encroachment permits will be waived by the
City of Newport Beach, although these permits shall be obtained in accordance with
standard City procedures.
Step 5:
Once the sign(s) is /are installed and all work has been performed in accordance with the
project estimate, the applicant or the consultant/contractor must call for a final inspection by
the City Building Department. Once the final approvals are made and the applicable permits
are closed; and once you have paid the consultant for the remaining work, you may then
submit your request to the City for final reimbursement.
Step 6:
Enjoy your new conforming sign(s).
Page 6
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
List of City- authorized sign design consulting firms
Avery Wu Design
2700 Military Avenue
Los Angeles, California 90064
310.474.1711 (phone)
310.475.6407 (fax)
Contact: Sharrie Lee
John Bishop Design, Inc.
731 North Main Street
Orange, California 92868
714.744.2300 (phone)
714.744.8061 (fax)
Contact: John Bishop
Signs by Beach
4250 Scott Drive
Newport Beach, California 92660
949.752.8200 (phone)
beachsignsRearthlink.net (e -mail)
Contact: David Beach
Davies Associates
9424 Dayton Way, Suite 217
Beverly Hills, California 90210
310.247.9572 (phone)
310.247.9590 (fax)
Contact: Noel Davies
Graphic Solutions
2952 Main Street
San Diego, California 92113
619.239.1335 (phone)
619.235.6018 (fax)
Contact: Simon Andrews
Page 7
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
Map of Area Subject to Balboa Sign Overlay
N
W+ E
5
i
BALBOA SIGN OVERLAY
Page 8
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
BALBOA PENINSULA
SIGN AMORTIZATION & INCENTIVE PROGRAM
APPLICATION FORM
Business Owner /Applicant Name:
Business Owner Address:
Property Owner (if different):
Property Owner Address (if different):
Business Name:
Business Address:
Business Phone Number:
Business Fax Number:
Business Type:
Number of Signs at business:
I would like to take advantage of the City- sponsored Design Assistance: _ Yes _ No
Page 9
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
BALBOA SIGN OVERLAY COMPLIANCE
Applicant Authorization:
I, (name of applicant) owner of
(name of business) agree to have all signs on the subject business comply with the Balboa
Sign Overlay prior to the granting of any authorization to proceed.
Property Owner Authorization:
I, (name of property owner or authorized agent), agree
to have all signs on the subject business comply with the Balboa Sign Overlay prior to the
granting of any authorization to proceed.
HAZARDOUS MATERIALS
If hazardous materials(s) are found during the removal and disposal of non - conforming signs,
I, (name of applicant) owner of
(name of business) agree to remove and properly dispose of the materials at my own expense.
PHYSICAL DAMAGE
I, (name of applicant) owner of
(name of business) agree to hold the City of Newport Beach harmless on any physical damage
that may occur due to the sign removal and installation.
DESIGN ALTERNATIVES
If I, (name of applicant) owner of
(name of business) decline to utilize one of the three designs by the City - authorized designers,
I will authorize a licensed sign contractor to prepare an alternative design at my own expense.
ESTIMATE CHANGES
I, (name of applicant) owner of
(name of business) agree that no change orders or Extra Services Authorizations shall be
made without prior written approval of the City of Newport Beach.
Page 10
City of Newport Beach Planning Department
Balboa Peninsula Amortization and Incentive Program
July 2002
REIMBURSEMENT
I, (name of applicant) owner of
(name of business) agree to initially pay the costs associated with the program and be
reimbursed by the City at two points: mid -way through the project (defined as being 50% of
the total amount billed by the contractor to the applicant), and following completion of sign
installation and final inspection and approval by the City of Newport Beach.
Prior to reimbursement, I, (name of applicant) owner of
(name of business) agree to bring all signage of the subject
business into conformance with the Balboa Sign Overlay or I agree to remove it.
Signature (applicant/business owner):
under perjury of law that all statements are true.
Signature (property owner /authorized agent):
under perjury of law that all statements are true.
Accepted by:
Date:
CITY USE ONLY
Page 11
Date:
Date:
EXHIBIT B
DRAFT
July 31, 2002
Property Owner
Address
City, State Zip
RE: Non - conforming Signs Located at:
Subject property address /business name
Dear
In November 2000, the Newport Beach City Council adopted the Balboa Sign Overlay, which
provides supplemental provisions to the City's base Sign Code (Municipal Code Chapter 20.67)
regulating privately owned, on -site commercial signs on the Balboa Peninsula. The Council's
action was based on review of studies prepared for the Peninsula and extensive public input,
including citizen advisory groups consisting of business owners and residents of the Peninsula.
The resulting recommendations included the creation of distinct sign standards exclusively for
Balboa Peninsula. It was felt that having these special sign standards for the Peninsula would
help distinguish this important commercial area of the City and enhance its unique charm and
character.
The City Council realized that the implementation of the Balboa Sign Overlay would create non-
conforming signs, so a sign amortization period was established in accordance with state law,
providing affected businesses and property owners with ample time to bring their non-
conforming signs into compliance. Signs that are now non - conforming (signs that were legally
permitted prior to the adoption of the Sign Oveday but no longer comply under the new
regulations) must be brought into compliance by year 2015.
Our records show that the business(s) located on your property at the address above
have an existing sign or signs that have become non- conforming with the adoption of the
Balboa Sign Overlay. Under these new sign regulations, the sign or signs at this address
appear to be non - conforming due to the following reasons:
❑ More signs than permitted;
❑ Larger signs than permitted;
❑ A type of sign that is no longer permitted;
❑ Sign location where no longer permitted.
As the property owner, you are responsible for ensuring your property is in compliance with the
Balboa Sign Overlay regulations by year 2015. Failure to complete these changes within the
adopted time frames will result in legal action to require the removal of the non - conforming
signage.
To assist business and /or property owners having legal non - conforming signs on their property,
and to encourage sign replacement earlier than 2015, the City Council created the Balboa
Peninsula Sign Amortization & Incentive Program. The program provides limited financial
assistance to help with the removal and disposal of legal non - conforming signs, and assists in
eliminating or reducing the design and installation cost of new conforming signs. With a few
exceptions, the Sign Amortization & Incentive Program is available on a first -come, first -served
basis, to the extent that funds are approved in the City's annual budget.
For questions regarding your signage and the required process or a copy of the overlay, you
may contact the Planning Department at (949) 644 -3200, or visit the City's web site at
www.city.newport- beach .ca.us /pin /planningmain.html. Staff members are available to assist
you. We look forward to working with you to achieve compliance with these new sign regulations
in a timely manner.
Sincerely,
Patricia Temple,
Director of Planning
Attachment
C.C.
Business name
Address
City, State, zip
Page 2
•L 1.TJ<I dI
July 31, 2002
Property Owner's name
Address
City, State, Zip
RE: Notice of Violation at: (business address)
Dear Property Owner,
As a property owner in the City of Newport Beach, you should be aware that the City of has
provisions for regulating signs, including the recently adopted Balboa Sign Overlay
regulations, which supplement the City's existing Sign Code.
This letter is to inform you that the business you own at the address above has an existing
sign or signs that are illegal. Our records indicate the business sign(s) at this location are
illegal due to any of the following conditions:
❑ Signs installed without City approvals and permits (Section 20.67.025).
❑ Temporary signs /banners with expired permits (Section 20.67.025).
❑ Window signage in excess of sign area permitted (Section 20.67.025).
As the property owner, you are responsible for ensuring your property is in compliance with
the City's sign regulations. You should contact the Code Enforcement Division in the
Newport Beach Planning Department at (949) 644 -3200 on ways the business signage can
comply. If the existing illegal sign can be made to conform to the City's sign regulations, then
permits and approvals will be required within an agreed -upon time frame. Otherwise, the
illegal sign must be removed within 14 days of the date of this letter. Failure to do so will
result in legal action being initiated, including possible issuance of a City Administrative
Citation with penalties accruing at up to $500.00 per day.
We look forward to working with you to achieve compliance in a timely manner. If you have
any questions regarding the code enforcement aspects, please contact me directly at (949)
644 -3215.
Sincerely,
Jim Sinasek,
City of Newport Beach Code Enforcement
Attachments (picture of sign violation)
EXHIBIT C
DRAFT
BALBOA SIGN OVERLAY
FREQUENTLY ASKED QUESTIONS
Q: Does my business have to comply with these new sign regulations?
A: Yes; in November 2000, the Newport Beach City Council adopted the Balboa Sign
Overlay, which provides supplemental provisions to the City's base Sign Code (Municipal
Code Chapter 20.67) regulating privately owned on -site signs in the commercial areas of the
Balboa Peninsula. The Council's action was based on review of studies prepared for the
Peninsula and extensive public input, including citizen advisory groups consisting of business
owners and residents of the Peninsula. The resulting recommendations included creating
distinct sign standards exclusively for Balboa Peninsula. It was felt that having these special
sign standards for the Peninsula would help distinguish this important commercial area of the
City and enhance its unique charm and character.
Q: When do I have to comply with these new sign regulations?
A: In accordance with the Balboa Sign Overlay regulations, those businesses with existing
legal signs that have now been made non - conforming (signs that were legally permitted prior
to the adoption of the Sign Overlay but no longer comply under the new regulations), must
bring their non - conforming signs into compliance by year 2015.
Q: What types of signs are permitted under the new sign regulations?
A: Most types of permanent signs are still permitted, with the exception of internally lighted
signs or can signs, larger changeable copy signs and many types of temporary signs. The City
has a complete list of permitted and prohibited permanent and temporary signs available for
your review. The number and, size and location for permitted signs have changed with the
new regulations. You may contact the Planning Department at (949) 644 -3200 for more
information on permitted and prohibited signs on the Balboa Peninsula.
Q: I recently had a new sign installed, do I still have to comply with these new regulations?
A: Possibly, but only if the new sign does not comply with the new regulations. You need to
verify the sign's consistency with the Planning Department who will help you make that
determination.
Q. Can Iget a variance to keep my existing sign(s)?
A: The City's Modifications Committee has the ability to deviate from the number the signs
permitted and the size and location of signs, but it cannot deviate from the prohibited sign
types (e.g. allowance of a "can" sign). There is a formal process, including a fee required, to
have a hearing before the Modifications Committee. You may contact the Planning
Department for more information on this process.
Q: What if my lease allows me to have a sign the City says is now non - conforming?
A: The City's new sign regulations take precedence over most private restrictions or
allowances imposed on the business.
Q: As a tenant, do I have to have the property owner's authorization?
A: Yes, or if permitted under your lease agreement, the property owner's representative (such
as a management company).
Q. What if my landlord does not consent?
A: As the property owner, they are responsible for ensuring their property is in compliance
with the Balboa Sign Overlay regulations by year 2015. Failure to complete these changes
within the adopted time frames will result in legal action to require the removal of the non-
conforming signage.
Q: What is it going to cost me to comply with these regulations?
A: To assist business and/or property owners who have legal non - conforming signs on their
property, the City Council created the Balboa Peninsula Sign Amortization & Incentive
Program. This program provides limited financial assistance to help with the removal and
disposal of legal non - conforming signs, and assists in eliminating or reducing the design and
installation cost of new conforming signs. With a few exceptions, the Sign Amortization &
Incentive Program is available on a first -come, first -served basis, to the extent that funds are
approved in the City's annual budget. Please contact the Planning Department, at (949) 644-
3200, for more information and a Program packet.
Q: How long will the process take me?
A: The City has the procedures for acquiring sign approvals and permits. In most cases the
sign contractor hired to design and install the new signage will be responsible for acquiring
permits from the City and can be obtained in a timely fashion.
Q: If I own a business in a multi- tenant building or complex, can I just re -do the signs for
my business and not be tied to the whole complex?
A: Yes, but ultimately the entire property must be brought into compliance. The property
owner may consider applying for a Comprehensive Sign Program for the entire complex,
including your business.
Q: Can I have a temporary banner while my new signs are being designed and installed?
Page 2
A: Yes, the City allows for temporary banners
20.67.035. A banner permit is required from
banner.
for up to 90 days in accordance with Section
he Planning Department prior to installing a
Q. My non - conforming sign is on an awning, will the City replace the entire awning?
A: The City will work with the business on a case -by -case basis to determine the extent the
entire awning or just that portion with the signage needs to be replaced.
Q: Whom can I contact for more information about this?
A: For questions regarding the sign program or regulations, please contact the Planning
Department at (949) 644 -3200, or stop by the Planning Department public counter at City
Hall. You can also review the City's Sign Code and the Balboa Sign Overlay on the City's
website at: www. city. newport- beach .ca.us /pin/planningmain.httnl.
Page 3
City of Newport Beach
BUDGET AMENDMENT
2002 -03
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 002
AMOUNT: $50,000.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditures related to Balboa Peninsula Sign Amortization and Incentive Program.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Fund Balance
Description
Signed: fYj '
Fin al pro 6l: dministrativ Servic i or
Signed:
Administrative Approyef. City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$50,000.00 '
$50,000.00
8-7-9-a
Date
Date
Date
Description
Division
Number
7014 Miscellaneous and Studies
Account
Number
C2700701 Balboa Sign Amortization /Incentive
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: fYj '
Fin al pro 6l: dministrativ Servic i or
Signed:
Administrative Approyef. City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
$50,000.00 '
$50,000.00
8-7-9-a
Date
Date
Date