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HomeMy WebLinkAbout2014-18 - Allowing A-frame Signs in Balboa Village Commerical Zoning DistrictsORDINANCE NO. 2014 -18 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH ALLOWING A -FRAME SIGNS IN BALBOA VILLAGE COMMERICAL ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS 1. A -frame signs are currently prohibited City -wide, pursuant to Section 20.42.050 (F)(1) of the City's Zoning Code. 2. On October 28, 2014, the City Council adopted Ordinance No. 2014 -17, which amended the Zoning Code to allow A -frame signs in the Corona del Mar commercial zoning districts effective November 27, 2014. 3. The City Council desires to temporarily allow A -frame signs in other commercial districts and on October 14, 2014, directed staff to prepare an ordinance that would permit A- frame signs in the Balboa Village Commercial District for a one -year trial period. 4. A public hearing was held on November 12, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Adoption of the interim ordinance is categorically exempt under Section 15311 of the CEQA Guidelines — Class 11 (Accessory Structures), which exempts the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including on- premise signs. SECTION 3. FINDINGS 1. A -frame signs subject to the regulations of the Zoning Code provide businesses another opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs. 2. A- frames signs may be suitable for the commercial and mixed -use zoning districts of Balboa Village. 3. It is appropriate to allow A -frame signs in the commercial and mixed -use zoning districts of Balboa Village for a one -year trial basis to evaluate and determine if such signs are suitable for such districts. City Council Ordinance No. 2014 -18 Page 2 of 3 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The prohibition on A -frame signs is suspended in the commercial and mixed -use zoning districts of Balboa Village, as depicted in Figure LU20 of the Land Use Element of the General Plan for a period of one year commencing January 1, 2015, and ending on January 1, 2016. Section 2: All A -frame signs permitted under this Ordinance shall be subject to regulations of Section 20.42.090(G) of the Newport Beach Municipal Code. Section 3: The Community Development Director is directed to monitor the use of A -frame signs in the commercial and mixed -use zoning districts of Balboa Village during the one -year trial period and report back to the City Council prior to the termination of this Ordinance. Section 4: 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 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City. Section 6: This Ordinance shall become effective thirty (30) days after the date of its adoption and shall remain in effect until January 1, 2016, unless earlier terminated or repealed, or extended, by ordinance of the City Council. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of November, 2014, and adopted on the 25th day of November, 2014, by the following vote, to wit: AYES, COUNCIL MEMBERS Petros, Curry, Daigle, Henn, Gardner, Selich, Mayor Hill NOES, COUNCIL MEMBERS None ABSENT, COUNCIL MEMB RS —t /ne Rush N. Hill, II, Mayor ATTEST: ka M Leilani I. Brown, City Clerk City Council Ordinance No. 2014 -18 Page 3 of 3 APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: O Aaron C. Harp, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2014 -18 was duly and regularly introduced on the 12th day of November, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of November, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Daigle, Council Member Henn, Mayor Pro Tern Selich, Mayor Hill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1St day of December, 2014. CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -18 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 dates: 2u15 Introduced Ordinance: November 15, 2014 Adopted Ordinance: December 3, 2014 �,{,, In witness whereof, I have hereunto subscribed my name this ll r► day of SILI FOB oaf I City Clerk City of Newport Beach, California (Seal)