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Home My WebLink About2002-21 - Amending Section 20.67.035 of Title 20 of the NBMC Pertaining to Temporary Real Estate Signs.ORDINANCE NO. 2002 -21 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 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) (e) and (f) of this subsection; (i.) The sign shall not exceed two hundred sixteen (216) square inches (1.5 square feet); (ii.) The sign may have one rider not to exceed ninety -four (94) square inches; (iii.) The sign may include one brochure box not to exceed 154 square inches. For purposes of this section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent or exchange; (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; (b) The sign shall be placed on the parcel for sale, lease, rent or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; (c) No flags, pennants, balloons, or other attention - attracting devices shall be displayed; (d) The sign shall be removed immediately after the sale, lease or rental of the property has been consummated; (e) In addition to the sign permitted above, one on -site open house sign may 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)(e)(5) 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; (f) In addition to the open house sign permitted in subsection (A)(1)(a)(1)(e) 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 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) 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); 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. 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 10th day of September 2002, and adopted on the zt'day of September , 2002, by the following vote, to wit: AYES, COUNCILMEMBERS Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Glover MAYOR ATTEST: CITY CLERK '� STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2002 -21 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of September 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of September 2002. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2002 -21 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: September 28, 2002. DP , In witness whereof, I have hereunto subscribed my name this .£4T, day of ' , ✓ 2002. City Clerk City of Newport Beach, California