HomeMy WebLinkAbout14 - Wildlife Protection Banner - Approval of Encroachment Permit N2015 -0336CTY OF
F
NEWPORT BEACH
City Council Staff Report
July 28, 2015
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
PHONE: (949) 644 -3349
TITLE: Wildlife Protection Banner - Approval of Encroachment Permit N2015 -0336
ABSTRACT:
The Advocates for Coastal Wildlife, a new environmental advocacy organization, is requesting approval to
install a Wildlife Protection banner in the landscaped median located at Balboa Boulevard East and G
Street in the Peninsula Point area of the City.
RECOMMENDATION:
a) Waive the provisions of Council Policy L -16 (Temporary Banners Extending Over The Public Right -of-
Way) pertaining to: notification of the general public of a community wide event, the requirement that the
event is open to the public and free of charge and conducted by a non - profit corporation or organization;
b) Conditionally approve the installation of the Wildlife Protection banner in the landscaped median at
Balboa Boulevard East and G Street for a maximum duration of 30 days; and
c) Authorize the City Manager to waive all fees associated with encroachment permit processing, City
Council report preparation and banner installation /removal.
FUNDING REQUIREMENTS:
Only staff time required by the Municipal Operations Department is required. These cost are in the existing
budget.
DISCUSSION:
The Advocates for Coastal Wildlife, a new environmental advocacy organization, requests to install a 4 -foot
tall by 8 -foot wide banner in the landscaped median located at Balboa Boulevard East and G Street
intersection in the Peninsula Point area (see attached location map). The banner will be stake mounted
within the median by City staff. The exact installation location within the median will be determined by
Municipal Operations Department staff. The banner promotes the protection of wildlife and is supported by
the Balboa Peninsula Point Association (see attached letter). The banner is proposed to be installed on
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Thursday, July 30, 2015 and removed on Friday, August 28, 2015. The banner also lists supporters,
including:
• Wetlands and Wildlife Care Center;
• Surfrider Foundation Newport Beach Chapter;
• Amigos de Bolsa Chica;
• Sea and Sage Audubon Society;
• Cavity Conservation Initiative;
• Bluebird Club of Southern California; and
• City of Newport Beach.
The banner is not advertising an event conducted by a non - profit corporation or organization. Should the
City Council elect to approve the installation of the banner in the City for 30 days, staff recommends the
following conditions of approval:
1. The applicant must provide on -going maintenance of the banners, brackets and poles.
2. The applicant will obtain an Encroachment Permit (N2015 -0336) from the Public Works Department.
3. All banners, brackets and poles shall be removed by the end of the approved time.
4. All banners, brackets and poles shall comply with the Encroachment Permit conditions.
5. A minimum of two 5 -inch wide half - circle wind slits required to minimize the wind load.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
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).
ATTACHMENTS:
Description
Attachment A - Location Mao
Attachment B - Site Photo
Attachment C - Banner Proof
Attachment D - Advocates for Coastal Wildlife Letter
Attachment E - Balboa Peninsula Point Association Letter
Attachment F - City Council Policy L -6
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ATTACHMENT A
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Proposed Banner
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CITY OF NEWPORT BEACH
LOCATION MAP PUBLIC WORKS DEPARTMENT
JULY 28, 2015 N2015 -0336
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ATTACHMENT B
SITE PHOTO
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Advocates for Coastal Wildlife
Wetlands & Wildlife Care Center
Surfrider Foundation NB Chapter
Amigos de Bolsa Chica
Sea & Sage Audubon Society
Cavity Conservation Initiative
Bluebird Club of SoCal
City of Newport Beach
ADVOCATES FOR COASTAL WILDLIFE
Making Our Coastal Communities Safe for Wildlife
1747 Miramar Drive, Newport Beach, CA 92661
949.7215777
July 15, 2015
FTAIa WAN PWI401981
The City of Newport Beach
Re: Request for Wildlife Protection Awareness Banner in Balboa Peninsula Point Neighborhood
Dear City of Newport Beach
As a new environmental advocacy organization in Balboa Peninsula Point, created out of concern
for the protection of wildlife following the tragic loss of nesting egrets and herons on May 28th of
2015 in our neighborhood, we respectfully request that the city install an awareness - building
banner at the landscaped entrance to the Point, at G Street and Balboa Boulevard. The proof for
this banner has been emailed.
We also would be honored if the city would participate in the banner as one of the listed
supporters of our campaign to protect wildlife.
Thank you so much for your consideration or our requests.
Sincerely,
Shelley H. Ervin
Founding Member
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ATTACHMENT E
%/ V-: t5-
P.O. BOX 826, BALBOA, CALIFORNIA 92661
Dear City of Newport Beach,
The BPPA Board of Directors approves the banner that the ACW - Advocates
for Coastal Wildlife - is proposing to go in the landscaped entrance to the Balboa
;Peninsula Point neighborhood at G Street; and East Balboa Boulevard.
Alison Ryffel
BPPA Presic
0
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ATTACHMENT
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 Municipal Operations 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.
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M.
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. If City Council
approves the request, subsequent requests for the same event maybe approved
by the City Manager, provided that the size, number, location and banner type
(language and graphics) are unchanged.
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.
I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from
a company with a Best's 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 Municipal Operations
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L -16
Department. Wind load calculations, determined by a registered
engineer, will be required for banners greater than 20 square feet;
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. No more than one (1) banner shall be installed on any pole or standard
and banners may not be installed between poles or standards;
4. 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;
5. All banner brackets on streetlight poles must be mounted at least fourteen
(14) feet above the ground surface;
6. 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. Each
banner shall have a minimum of two (2) 5 -inch half circle wind slits are
required;
7. 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 Municipal
Operations Department;
8. Banners shall be installed only at locations specified on the permit;
9. 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 California Manual on Uniform Traffic
Control Devices; and
10. 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.
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L -16
B. Time of Installation.
1. Permittee shall contact the Municipal Operations 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
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 26,1996
Amended - February 24,1997
Amended - May 8, 2001
Amended - April 8, 2003
Amended - October 10, 2006
Amended - May 14, 2013
Formerly M4
Cl
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