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HomeMy WebLinkAbout07 - PA2002-128 - Temporary Real Estate SignsCITY OF NEWPORT BEACH Hearing Date: September 10, 2002 PLANNING DEPARTMENT Agenda Item: 18 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber • 4,,0 "" NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 REPORT 10ILIE MAYOR AND C'TTV C OUNCTT 7 PROJECT: Temporary Real Estate Signs Cr _ SUMMARY: A request to amend Zoning Code Chapter 20.67 — Signs, to allow the addition of a single "rider" sign and a single "brochure box" per property in conjunction with an authorized temporary real estate sign. [Code Amendment No. 2002 -004 (PA2002 -128)] ACTION: Sustain the action of the Planning Commission and deny the amendment; •• Overrule the denial of the amendment by the Planning Commission and For September 10, 2002: Introduce Ordinance No. , amending Chapter 20.67 related to is temporary real estate signs and pass to second reading on September 24, 2002. For September 24, 2002: Adopt Ordinance No., APPLICANT: City of Newport Beach LOCATION: Residential properties City -wide GENERAL PLAN: All Residential Designations ZONING DISTRICT: All Residential Classifications The Mayor received a request from the Orange Coast Association of Realtors to amend the current regulations pertaining to temporary real estate signs. The request involves 2 components. First, the • Association seeks the ability to place a single "rider" sign on top of an already approved temporary real estate sign. The request also seeks to allow a single `brochure box' in conjunction with each • approved temporary real estate sign. Planning Commission Action The Planning Commission considered the proposed amendment at their meeting on August 22, 2002. After discussion, a motion to approve the request failed by a vote of 3 Ayes and 3 Noes. The concerns express by some Commissioners included the magnitude of the increased sign size (118% increase), how useful the additional information to be conveyed by the additional sign area would be to members of the general public, concerns over increased litter coming from the brochure boxes, and that the brochure boxes provide additional surface are for sign text. This action of the Planning Commission was called for review by Mayor Ridgeway on August 27, 2002. Project Overview and Analysis For the Council's information, a `rider' sign is defined in Zoning Code Chapter 20.67 as "a small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign." A `rider' usually displays an updated status for the property in question. • Typical examples include, but are not limited to, "In Escrow" or "Sold." A `brochure box' is not defined in the Zoning Code but is generally recognized in the industry as a container used to store fliers and brochures that outline the details of the property offered for sale, lease or exchange. Interested individuals may walk up, obtain the flier or brochure, and walk away without having to speak to the realtor or agent directly. The Association of Realtors seeks the adoption of provisions under Section 20.67.035, Temporary Signs, that allows attachment and use of both a single `rider' and single `brochure box' in conjunction with each temporary real estate sign already authorized under the provisions of the code. The rider is proposed at a maximum size of 94 square inches (sq. in.) while the brochure box could not exceed 154 sq. in. The brochure box may be fabricated out of plastic or metal. The City's standards for Temporary Real Estate Signs are some of the most stringent in Orange County. It is staff's understanding that the practice of using riders and brochure boxes has been occurring intermittently or sporadically over the past several years, sometime resulting in code enforcement action that required the removal of the rider or brochure box. The amendment was reviewed by the Assistant City Attorney and the Code Enforcement Officer to ensure that the additional provisions are both appropriate and enforceable. 0 Temporary Real Estate Sign Regulations (PA2002 -128) September 10, 2002) Page 2 of 3 • Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (" CEQX) under Class 5, Minor Alterations in Land use Limitations. Recommendation Sustain the action of the Planning Commission and deny the amendment, OR overrule the Planning Commission and approve the amendment by adoption of the attached Ordinance. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Draft Ordinance Prepared by: TODD M. WEBER Associate Planner 2. Correspondence from Association of Realtors 3. Draft Planning Commission minutes F:\ USERS\ PLN\Shared \ICITYCNL\2002 \0910\Real Estate Signs.doc Temporary Real Estate Sign Regulations (PA2002 -128) September 10, 2002) Page 3 of 3 ORDINANCE NO. 2002 -_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 20.67.035, OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TEMPORARY REAL ESTATE SIGNS. SECTION 1. The City Council of the City of Newport Beach has been requested to amend the Zoning Code pertaining to temporary real estate signs by providing additional provisions that authorize the use of riders and brochure boxes in conjunction with a permitted temporary real estate sign. SECTION 2. The requested amendments would authorize the use of additional measures that assist property owners in the transfer and use of residential property. The riders and brochure boxes have been limited in the amount of additional sign area and the limited purposes for which the increased area can be used. SECTION 3. The Planning Commission held a noticed public hearing on the amendments on August 22, and recommended City Council approval. SECTION 4. Section 20.67.035 of Chapter 20 is amended to read as follows: The following temporary signs are permitted: A. Real Estate Signs. 1. Residential Districts. a. Real estate signs and open house signs are permitted, on a temporary basis, in residential districts, so long as the signs conform to the criteria specified in this section. (1) In the R -A, R -1, R -1.5, R -2 and PRD districts, as well as PC districts that WhiGh provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: (a) One sign per lot except as provided in subsections (A)(1)(a)(1) LeJ@4 and L(#} of this subsection; The sign shall not exceed two hundred sixteen (216) square inches (1.5 square G' feet). , e%; (ii) The sign may have one rider not to exceed ninety -four (94) square inches: (iii.) The sion may include one brochure box not to exceed 154 souare inches For purposes of this section a brochure box means a plastic or metal container designed to hold brochures or flyers describina or advertisina the real property for sale lease. rent or exchange: I • iv. (,The overall height of the installed sign. rider and brochure box shall not exceed four feet above ground unless the sign is mounted flush to a wall; L�10) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner that which creates a hazard for traffic or pedestrians; ll(o No flags, pennants, balloons, or other attention - attracting devices shall be displayed; JqJ{#} The sign shall be removed immediately after the sale, lease or rental of the property has been consummated; Lej(g} In addition to the sign permitted above, one -on -site open house sign m jy be posted during the time an owner or owner's agent is on the premises and the premises are open for inspection, subject to the following: i. The sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet) and riders are not permitted; ii. The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner which creates a hazard to traffic or pedestrians; provided, however, the sign may be installed on or in a vehicle parked on the street adjacent to the property for sale, lease, rent or exchange if there is no feasible way of installing the sign on private property due to absence of front yard setback or other conditions; iii. The overall height of the sign shall not exceed four feet above • ground unless the sign is installed on a vehicle as provided in subparagraph (A)(1)(a)(1)(elr3Aii) of this section; or other conditions exist which require the sign to exceed four feet to be reasonably visible from the street; however, in no event shall the sign be higher than necessary to be reasonably visible from the street; ifs- In addition to the open house sign permitted in subsection (A)(1)(a)(1)!e)!�r of this section, three off -site open house signs are permitted when the owner or owner's agent is on the premises and the premises are open for inspection. subject to the following: i. Each off -site open house sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet) and riders are not permitted; ii. The overall height shall not exceed four feet above ground; iii. The sign shall not be installed before eight a.m. and must be removed no later than sunset; iv. The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that which creates a hazard to traffic or pedestrians. The sign also may not be attached to any public property. as detailed in section 20.67.025.1.6 & 1.7 b. All Residential Districts. The Planning Director may approve temporary signs for the first sale of structures and /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. • 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one real estate sign not exceeding twenty (20) `J square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. Other Temporary Signs. 1. Residential Districts. No temporary signs are permitted in residential districts, except for real estate signs authorized in Section 20.67.035(A)_--ap.4 personal property sale signs authorized in Section 20.60.120(F)_ and political signs authorized in Section 20.67.035(B)(3). 2. Commercial and Industrial Districts. Temporary signs are permitted in commercial and industrial districts subject to the following restrictions: a. Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty -four (24) square feet in area, or six feet in height. b. Duration. Temporary signs shall remain in place for a period not exceeding ninety (90) days per calendar year. C. Number. One per building or site. d. Exceptions. (1) Temporary signs displayed at service stations are governed by the provisions of Section 20.67.030(D). (2) Political signs authorized in Section 20.67.035(B -3). 3. Temporary Political Signs. Notwithstanding the provisions of this chapter, temporary political signs may be posted subject to the following restrictions: a. One political sign may be posted on each parcel of residential property. b. Political signs posted in residential districts shall not exceed six square feet in area. C. Political signs shall not be placed adjacent to a street, alley, driveway, or sidewalk in a manner that creates a hazard to any person. d. Political signs may be posted no more than ninety (90) days prior to any municipal, school district, special, or statewide election, and shall be removed no more than ten days after the election. e. No person shall place or post any political or campaign sign on any public sidewalk, street, property, or right -of -way over which the City has jurisdiction. (Ord. 99 -26 § 1 (part), 1999; Ord. 98 -21 § 1 (part), 1998; Ord. 98 -19 § 1, 1998; Ord. 97 -15 Exh. B (part), 1997; Ord. 97 -09 Exh. A (part), 1997) SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 0 • SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 7. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2002, and adopted on the _ day of 2002, by the following vote, to wit: • ATTEST: CITY CLERK AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR F.\ userskat\shared\cp\LawCIerMDonnaBigilOrdinance20 .67.035.doe I F r ORANGE COAST ASSOCIATION OF REALTORS ®, INC. 401 North Newport Bo*608 E j V E C Newport Beach, California 92663 -4210 Telephone (949) 722.2300 FAX (949) 642 -4105 MLS FAX (949631 -4276 www.ocaor.com-02 hAY —2 AB .4 t --CLERK CI"( OF N_Vf °7P.T BSA CN moa April 30, 2002 OFFICERS PRESIDENT Honorable Mayor Tod Ridgeway DARRELL PASN Honorable City Council PRESIDENT-ELECT City of Newport Beach AKE 3300 Newport Blvd. SECRETARY LCUANNE AI TEY P.O. Box 1768 Newport Beach, CA 92658 -8915 TREASURER DANIEL 5185 DIRECTORS Dear Mayor Ridgeway and City Council: 508 CHAPMAN BETTY COMEGYS WALLACE "OING' GIRLING The Orange Coast Association of Realtors would like to request an addition DAVID PRINCE JUDY MERTZ to-the current code regarding temporary signs. JENNIFER WONG ROBIN TENON ,���� The change to the ordinance we are requesting is to allow one sign rider on VICE.PRESIDENT FILE residential for sale or lease signs, not to exceed 94 A MCCRE. CAE. RCE gns, square inches, and'one brochure box, not to exceed capacity to bold 8 M/2 x I 1 sheets of paper (approximately 154 square inches). • 1 The request for the change is to continue to serve the public and assist with the sale/lease of their homes. The practice has been one rider and a brochure box for numerous years, and we would like the current practice and code to be parallel and legal. Thank you for your consideration, I have given Tim Sinasek examples of a sign rider and 3 brochures boxes for your review. Please call me if you have any questio or need any fiuther information. S' y, cia R. Moore, CAE RCE Executive Vice President Date PRM:jd CC: Homer Bludau, Jim Sinasek Ca;ies Sent To: "?ldiyar �_ undl Member Q�Sara;er C1 :'tarney C Exhibit No, 2 W City of Newport Beach Planning Commission Minutes August 22, 2002 SUBJECT: Real Estate Signs A request to amend Zoning Code Chapter 20.67, Signs, to allow the addition of a single 'rider' sign and a single ' brochue box' per property in conjunction with an approved temporary real estate sign. Ms. Temple stated that because this item was not property specific, it is a code amendment, In addition to our normal advertising; we placed a display ad at 1/8 page size in the Daily Pilot to try and get the concerns of any interested parties before you. Public comment was opened. Public comment was closed. Motion was made by Commissioner Tucker to adopt Resolution number next in line approving the requested PA2002 -128 for CA2002 -004. Commissioner Gifford stated that the brochure boxes are a source of a tremendous amount of litter and is therefore, not In favor of approving this item. • Chairperson Kiser stated that the size for the rider sign is too large. I am not for increasing the size for real estate for sale signs at all. They are adequate size. There will always be pressure from the brokerage community to increase the size of these signs. Rider signs say, 'In Escrow' or 'Sold'. Understanding that we cannot regulate the text on these, if we increase the size by 94 square inches that is almost a 50% Increase in the size of the total real estate sign. They could put any text they want on the rider. I question the need for the rider to begin with. If it is in escrow, what does that say? You contact the real estate agent anyway because sales do fall out of escrow. If it says sold, I question why the sign is still there. The answer is, it is still advertising. My impression is that by increasing the size of these signs allows more broker advertising throughout our beautiful city on any home that happens to be sold. I would not increase the size of these signs at all. I think the brochure box has a use of communicating information that is somewhat convenient, however, both the litter aspect and the ability of the company to have the ability to put text on the side of the brochure box increases the size of the signs quite a bit. The present size Is adequate. The brokerage community is putting the rider signs on, even though It is not allowed. That makes me concerned. At Commission inquiry, Ms. Temple stated that if this item is denied it goes no further unless a Councilmember calls it up for review or an interested member of the public appeals it. This came to us as a letter written by the Orange Coast Association of Realtors to the Mayor who forwarded it to the Code Enforcement and the City Attorney's office for a code amendment. Our code enforcement personnel enforce this Issue. The illegal signs are removed and If they appear too . often, they receive a notice of violation and then go through the citation process. 14 INDEX Item 4 PA2002 -128 Denied Exhibit No. 3 City of Newport Beach Planning Commission Minutes August 22, 2002 followed on the timeline of the enforcement process and fines. Commissioner McDaniel stated that a bigger sign is not going to increase the ability for the realtors to do any more than what they do now. I would not be In favor of this item. Commissioner Gifford asked if there was a consistent number of times that there has to be a violation prior to the start of the violation process? Is the enforcement against individual sales people or is it against a brokerage company? Ms. Temple answered that we get more aggressive in seeing the same realtor having the same violation. We start out with the seven -day turnaround then ramp up to the daily citation if the signs continue to appear. It is usually against the brokerage company. The open house signs are allowed. Commissioner Tucker revised his motion to have the rider be 54 square inches and the brochure box 120 square inches. I prefer to have that information available without having the obligation to go inside a home that is for sale. Commissioner Selich noted his support of the motion. Ayes: Agajanian, Selich, Tucker Noes: McDaniel, Kiser, Gifford Motion failed. •ADDITIONAL BUSINESS: a) l�City Council Follow -up - Ms. Wood noted that at the last Council meeting of August 13th a budget amendment of $50,000 to re- appropriate funds for the Balboa Peninsula Sign Amortization and Incentive Program was authorized; the Pacific Bay Homes appeal of the denial was withdrawn by the applicant, but the ,City Council chose to send the matter back to the Planning Commission* to. define the parameters for these uses; Hoag Hospital PC amendment excluding some areas from floor area due to State requirements was approved; another code amendment was initiated to adopt design guidelines with a review process for Balboa Village. b) Oral report from Planning Commission's representative to the Economic Development Committee - no meeting. "w c) Report from Planning Commission's representatives to the General Plan Update Committee - no meeting. d) Report from Planning Commission's representative to the Local Coastal Plan Update Committee - Commissioner Selich noted that the first two 15 INDEX 0 Additional Business 0 I-