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HomeMy WebLinkAboutEXC051_EXCEPTION PERMIT #51, 3250 E COAST HWY, JEFFREY STERNEXCEPTION PERMIT APPJ�ATION CITY OF NEWPORT BEACH No. 52 Applicatio Redd by: Fee: $ 93, PLANNING DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3200 Fax 66d) '135'- /8&7 APPLICANT (Print) Jeffrey Stern PHONE 562/495-3808 MAILING ADDRESS 17nn pact Anahaim ctroat / ODIe Q0fr1n Qfig/-1 PROPERTY OWNER Robin Hobson PHONE 714/640-7000 MAII ING ADDRESS 3250 E. Coast Hwy. ADDRESS OF PROPERTY INVOLVED 3250 E. Coast Hwy. PURPOSE OF APPLICATION (describe fully) Remove existing pole sign, install replacement on same pole of a smaller size incorporating a non-lighttbulb computerized public service marquee.. ZONE PRESENT USE Franklin Realty LEGAL DESCRIPTION OF PROPERTY INVOLVED (if too long, attach separate sheet): Why will proposal not be contrary to the purpose of the Sign Ordinance? Only conflict with code is the changeahlleemarguee which/ias been routinely approved in the city Or years. Exceptional or extraordinary circumstances involved? Ordinance inadvertently omitted allowance for change -copy marquee signs. Why is an exception permit necessary to protect a substantial property right? PA 1 D Change enpy marquee signs have been approved city wide. AUS 1 41W Why will proposal not be detrimental to the neighborhood? ORT BEACH Neiv sign is smaller, modern and will be dimmer than normal nlastic signs. Overall height will decrease 2'-4". ---------------------------- OWNER'S AFFIDAVIT the owner(s) of the property(ies) involved in this application. perjury, that the foregoing statements and answers herein submitted ar/e�in all r spe t+u/e/anid�corr.�c2 to the best of (/! " /Y 1 CG RG` ature(s) G� _ depose and say that (I am) (we are) (I) (We) further certify, under penalty of contained and the information herewith (our)7knwledge and belief. / C (�U536tzil ) fiN O..'3w &l Pt= t- Mr NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. ----------------------------------- DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed Fee Pd. Q° Receipt No. Hearing Da P.C. Action Appeal — C.C. Action Date CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 March 12, 1998 Mr. Jeffrey Stern 1700 West Anaheim Street Long Beach, California 90813-1195 SUBJECT: Exception Permit No. 51 Dear Mr. Stern: This letter is to inform you that at the City Council meeting of March 9, 1998, the Council voted unanimously to table your appeal of the Planning Commission denial of Encroachment Permit No. 51. If you wish to pursue this matter further, you will need to request the City Council to remove the tabled status, and set the appeal for a new public hearing. I can be reached at 644-3200 if you have any questions. Sincerely, Patricia L. Temple, Planning Director gV 3300 Newport Boulevard, Newport Beach 7146759138 PHII--SANSONE 373 P01 SEP 16 '97 19:27 VIA FAV Page 1 of 2 September 16, 1997 TO ; Patty Temple FAX No. 644-3250 FROM: Phil Sansone 0- Re: CDM Residents Association undated letter regarding signage (attached). Mike Kranaley called me on another subject and said that he was going to be tied up all day Wednesday and requested that I relay to you W that he wanted to have a copy of referenced letter given to each Planning Commissioner before Thursday's meeting. Regards 7146759138 PHISANSONE : 73 P02 SEP 16 197 19:21 CORONA DEL MAR RESIDENTS ASSOCIATION p.0. Box 15oo, Corona Del Mar, CA 92625 Tel. & fax 675.9138 Chairman and members Planning Commission City of Newport Beach Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663-3884 Attn.. Ms. Patty Temple Gentlemen and Ladies; At today's meeting of the Board of the CDM Residents Association, we discussed the pending application for an electrical sign at Franklin Realty on the corner of Marguerite and PCH in CDM. Concerns were expressed over any sign that could be dynamic or animated not only for the appearance per se, but equally important that the precedent would set throughout the city. It was also indicated that the requester has "lined up" others who would follow in the event your permission is granted. The Board unanimously voted onbehalf of our Association to recommend that permission not be granted for any electrical sign of any size that is dynamic or animated (usually, but not always implementedby electronic control of the individual "pixels" embedded in the sign structure), We believe that granting such permission would in itself and through precedent/proliferation effect the quality, street safety and appearance ("Las Vegas or Ginza. japan" like) of CDM and ultimately all of Newport Beach. Your consideration of the strong request of our entire Board to deny permission for the subject sign and the precedent it would generate is greatly appreciated. very truly yours, written onbehalf of the Board 4iSanchez Tel-: AK 6 7 2 - S'229, City of Newport Beach. City Council Minutes i March 9, 1998 INDEX Planning Director Temple stated that a multi -family residential designation would allow for a maximum of three units at the 3312.3318 property, where there are currently four and a maximum of six units at the 3322-3328 property where there are currently four. WiT�is Longyear, 215 Via San Remo, asked about the uncontrolled possibility of tilneshares in the area in the future. City Manager Murphy and City Attorney Burnham assured Mr. Longyear that this would not happen. Anthony Vasi, resident at 430 El Modena Avenue and owner of 3300 Via Lido, thought his property was included in the application and he didn't want it rezoned Mr. Balalis confirmed that Mr. Vasi's property was not a part of the application. Council Member Noyes inquired about the zoning of the Sailing Club. Planning Director Temple answered that it is currently zoned Retail and Service Commercial, and�that the approval of the subject application would not affect that property. c Mayor Edwards confirmed d�vith Planning Director Temple that this application changes the total number of units on the parcels from eighteen to twelve, and that future owners could not build more units on the property than approved in the application. There being no further testimony, Mayor Edwards closed the public hearing. Council Member Hedges suggested that the City Council might not be equipped to answer many of the questions t'at were brought up, and that even if the City Council supports residential, the current application may not be the correct way to go. Council Member Hedges thinks R-1 zoning may be better than Multi -Family Residential, but that the Planning Commission may be better able to deal with the topic. City Manager Murphy suggested that possibly staff could provide the additional information the City Council is looking for to make its decision. City Attorney Burnham agreed that staff would be able i& deal with the issues without dealing with the precise nature of the zoning. Motion by Council Member Hedges to refer the matter to staff, that Council will retain jurisdiction on it, staff will take the Council and public comments into account and come back to the City Council with a set of codditions, The matter will come back to the City Council at its meeting of April 13, 1998a Without objection, the motion carried by acclamation. _ 18. REQUEST BY FRANKLIN REALTY SIGN (JEFFREY STERN, Franklin Realty Sign APPLICANT/APPELLANT), 3250 EAST COAST HIGHWAY, FOR AN (68/94) EXCEPTION TO THE SIGN CODE TO ALLOW THE REPLACEMENT OF AN EXISTING CONFORMING POLE SIGN WITH A POLE SIGN WHICH CONTAINS A MARQUEE TYPE SIGN ANIMATED WITH MECHANICALLY CHANGEABLE COPY. Volume 51- Page 653 City of Newport Beach • • City Council Minutes March 9, 1998 Mayor Pro Tem O'Neil stated that the item was originally considered by the Planning Commission on November 6, 1997, referred to the City Council on December 8, 1997, and continued since that date. Mayor Pro Tem O'Neil suggested that the item either needs to be heard or removed from the agenda. Motion by Mayor Pro Tem O'Neil to reschedule the hearing for this item to April 27, 1998. Mayor Edwards opened the public hearing. There being no testimony, Mayor Edwards closed the public hearing. Substitute motion by Mayor Edwards to table the item, until further action by the applicant. Without objection, the substitute motion carried by acclamation. CONTINUED BUSINESS 19. 20. UPDATE REGARDING NEWPORT COAST ANNEXATION AND LAFCO APPLICATION (Continued from February 23, 1998). City Manager Murphy stated that the City is working on several issues related to, the possible annexation of Newport Coast. The City is continuing to work with the Irvine Ranch Water District, The Irvine Company and the Newport Coast.residents on various issues. City Manager Murphy is asking that this item be^continued for thirty days to allow the issues to proceed. Motion by Mayor Pia Tem O'Neil to continue the item for thirty days, and appoint an ad hoc committee (to consist of Mayor Pro Tem O'Neil, Council Members Thomson and Hedges) to work with the Newport Coast residents. Don Gregory, member of EQAC \sta appointed as the committee to Ivor Mayor Edwards stated that the ad hi a committee of council members only. i that he felt that EQAC should be with the Newport Coast residents. :ommittee appointed in the motion is Without objection, the motion carried by STATUS OF IMPLEMENTATION OF LIGHTS ACTION PLAN. JONES Assistant City Manager Wood stated that Fletcher Jones'has completed all the items that it was responsible for, and that the only remailung items left were those to be handled by the City. \\' Motion by Council Member Glover to receive the update report from City staff; begin the 30-day review period for actions required of Fletcher Jones Motorcars; and schedule evaluation of lighting improvements and Annexation Newport Coast (21) Fletcher Jones Motorcars C-3067 (38) Volume 51- Page 654 City of Newport Beach City Council Minutes March 9, 1998 consideration of final certificate of occupancy for April 13, 1998. Carol Hartman, representative of the Bluffs Homeowners Association, stated that the thirty day review period should not begin yet, She stated that, just 'the night before, lights were on when the facility was closed. Ms. Hartman fe that with the inconsistencies still present and the landscaping to be done by kie City still not complete, that the thirty day review period should not begin,for at least two weeks. Garth Bl menthal, a representative from Fletcher Jones Motorcars, stated that the lights are automated and can confirm that they go off each night at 10:00 P.M. Mayor Edward il�ashed Assistant City Manager Wood to explain the thirty day review periond what is involved. Assistant City Manager Wood stated that it will ve staff the opportunity to make checks at the property to insure that the k equirements set forth are being met, and also to communicate with the residents to obtain their feedback. If problems are discovered, the item co d be brought back to the City Council prior to the end of the thirty day regw period. Assistant City Manager Wood stated that the landscaping plan should be completed by March 27, 1998. Without objection, the motion carried by acclamation. 21. APPOINTMENT BY THE; CITY ENVIRONMENTAL QUALITY aAFFAIRS COMMITTEE (appointed by Council upon Council Member). (District 1) Council Member Hedges appoint (District 2) Council Member Debay and Marge Pantzar (at large). (District 3) Council Member Glover Virginia Herberts (at large). COUNCIL TO THE CITIZENS ADVISORY recommendation of each Martin Weinberg. Kelly Sylvester, Pete Tarr, (District 4) Mayor Edwards appointed Barry Eaton. Gail Demmer and (District 6) Council Member Noyes appointed Jean Watt. Council Member Noyes thanked the City Council for allowing EQAC''to be a broader committee. He stated that the Economic Development Committee also reacted positively to the new EQAC committee. (District 6) Mayor Pro Tem O'Neil appointed Patrick Bartolic. dt `4 Mayor Edwards appointed Mike Bigi to serve as Chairman of EQAC. Motion by Mayor Edwards to confirm the nominations. Without objection, the motion carried by acclamation. a . INDEX EQAC (24) Volume 51 - Page 666 City of Newport Beach 0 City Council Minutes January 26, 1998 Mayor Edwards opened continued the hearing. and hearing no testimony, Without objection, the motion carried by acclamation. STATUS REPORT ON DEVELOPMENT AGREEMENTS NOS. 4, 5, 6, 7, 8, 9, and 10. Conduct annual review of current Development Agreements to review the applicants' good faith and substantial compliance with each agreement in addition to those terms and conditions required of the City. D�,velopment Agreement No. 4 (C-2912) Th%rvine Company, Library Exchange Agreement Devment Agreement No. 5 (C-3058) Hoag Memorial Hospital Presbyterian Development Agreement No. 6 (C-3059) The Irvine 1}ompany, Circulation Improvement and Open Space Agreement (CIbSA) Development Pacific View Development Agx Ford Motor Land it No. 7 (C-3065) Park No. 8 (C-3152) ;ment Corporation Development Agreement No. Fletcher Jones Motor Cars Development Agreement No. 10 (G Newport Harbor Lutheran Church City Manager Murphy stated that each development agreement requires an annual status report and review. He state(, that staff was available to answer any questions about the information pr0nded in the staff report. Council Member Glover asked for a clarifxcation'):egarding Development Agreement 46, The Irvine Company Circulation Improvement and Open Space Agreement. She noted that on Page 4 of the Project Status Report, it states that the site on the southeast corner of San Miguel�Road and Avocado Avenue was redesignated as multi -family residential according to General Plan Amendment No. 97-3. She then noted that on Page 5 o4he report, the same site is listed as being open space. Assistant City Manager Wood said that the amendment has only been initiated. Planning Direcltor Temple explained that the general plan was never actually amended to cllange the underlying land use designation. She stated that the actual jjInd use designation, as mapped on the existing land use element, is adminis Patine, professional and financial commercial, however, through the develop "Lint agreement, The Irvine Company agreed to dedicate the site as opera spd"4,e,. Planning Director Temple said thatifthe inulti-fainily residential project is,, INDEX Development Agreements C-2912 C-3058 C-3059 C-3065 C-3152 C-2823A C-2920 (38/68) Volume 51- Page 596 City of Newport Beach 0 10 City Council Minutes January 26,1998 INDEX Services Director Niederhaus and City Manager Murphy about the debris in the bay caused 'by cuttings higher up the stream bed which were not disposed of properly. Council Member Debay would like to see some sort of reimbursement come from those sources also. objection, the motion carried by acclamation. Mayor D4wards indicated that the City crews were on line by 4:00 a.m. He acknowle ed the help of the local businesses, but also feels that City crews put in a treiApdous amount of time and were on hand quickly. Chuck Avery, 1609 ast Balboa, inquired about the letter he wrote to Council Member He dg about the posting of signs on trees and public property. Council Membe Hedges explained that the City ordinances.are in place prohibiting the postin f signs on City property\that but that enforcement is another issue. Counciler Hedges referred the letter to City Manager Murphy, who corred with the Police Chief regarding the matter. City Manager Murpated that the Police Department does not consider signs on public propo e of their top priorities, and suggested a volunteer program. Councmbe Hedges stated that he suggested a Senior Volunteer Program, years o. Mr. Avery contacted Chuck Johnson, the contractor who care of t center divider on Balboa Blvd., and suggested that his emp, who colle the trash, also remove the signs. Mr. Avery left severalat the podiu He also suggested a flyer be placed in the water bill ing people of the rdinance. He feels that people do -not know about theance. Dolores Otting noted that the $50,000 approved on BA• 40, earlier in the evening, equals 200 trucks of trash at the 10-ton limit. ditionally, Ms. Otting asked if Craig Scott was still contracted with the Ci to provide attorney services. She felt it was contradictory to the hi ' g of Mr. Saltarelli.' Lastly, Ms. Otting questioned the Cal-Surance policy Ned for by the trash haulers franchise fee money. She said she endorses the p lution and remediation legal liability declaration, but that there are -several Nems of City property being covered by this insurance, and she questioned IN that would come out of the franchise fee. PUBLIC HEARINGS 25. REQUEST BY FRANKLIN REALTY SIGN (JEFFREY STERN, Franklin Realty Sign APPLICANT/APPELLANT), 8250 EAST COAST HIGHWAY, FOR AN (68) EXCEPTION TO THE SIGN CODE TO ALLOW THE REPLACEMENT OF AN EXISTING CONFORMING POLE SIGN WITH A POLE SIGN WHICH CONTAINS A MARQUEE TYPE SIGN ANIMATED WITH MECHANICALLY CHANGEABLE COPY. Motion by Mayor Pro Tem O'Neil to continue the public hearing for this item to March 9, 1998, per the applicant's request. Volume 51- Page 695 7146759138 PHIL-SANSONE 373 P82 SEP 16 197 19:27 0 • CORONA DEL MAR RESIDENTS ASSOCIATION p,o. Box 1500, Corona Del Mat, CA 9z6z5 Tel. & Pax 675-9138 Chairman and members Planning Commission City of Newport Beach Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663-3884 Attn.: Ms. Patty Temple Gentlemen and Ladies: At today's meeting of the Board of the CDM Residents Association, we discussed the pending application for an electrical sigh at pranldin Realty on the corner of Marguerite and PCH in CDM. Concerns were expressed over any sign that could be dyrtamic or animated not only for the appearance per se, but equally important that the precedent would set throughout the city. it was also indicated that the requester has "lined up" others who would follow in the event your permission is granted. The Board unanimously voted on behalf of our Association to recommend that permission not be granted for any electrical sign of any size that is dynamic or animated (usually, but riot always implemented by electronic control of the individual "pixels" embedded in the sign structure), We believe that granting such permission would in itself and through precedent/proliferation effect the quality, street safety and appearance ("Las Vegas or Ginza. Japan" like) of CDM and ultimately all of Newport Beach. Your consideration of the strong request of our entire Board to deny permission for the subject sign and the precedent it would generate is greatly appreciated. Very truly yours, written on behalf of the Board e Sanchez Tel—' 6 93—,9ra % Frv- 6 7 ,Z - S �2.y' ( o n �J The Board of Directors of our Chamber hereby request approval of this sign. it is understood that Franklin Realty has paid $1,300.00 in fees for permits and followed requirements of the various agencies involved. Thank you for your consideration to this matter of importance to our business district, merchants and organizations through- out the City that would benefit from this improvement.• Sinc cc: File Franklin Realty All Council Members RSR/eb r I1 r ` �Earapq� CITY OF NEWPOR06ACH Hearing Da , . March 9,1998 p� @ COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: PLANNING DEPARTMENT Staff Person: Patricia L. Temple 53 o NEWPORT BOULEVARD 644-3200 NEWPORT BEACH, CA 92658 (714) 644-3200; FAX (714) 644-3250 REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Franklin Realty Sign (Jeffrey Stern, applicantlappellant) 3250 East Coast Highway PURPOSE OF APPLICATION: Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign animated with mechanically changeable copy. • Exception Permit No.51 ACTION: Reschedule the hearing for April 27,1998. Background On November 6, 1997, the Planning Commission voted (5 Ayes, 2 Noes) to deny the application for Exception Permit No. 51. On November 18, 1997, the applicant filed an appeal of the decision of the Planning Commission. On December 8, 1997, the City Council consented to the request of the applicant to schedule the public hearing on the appeal later than 30 days from its filing, and set the hearing for January 26, 1998. On November 20, 1997, the applicant submitted a request to reschedule the hearing from January 26,1998 to March 9,1998. The applicant has submitted the attached letter requesting that the hearing on this appeal be rescheduled to April27,1998. Submittedby: SHARON Z. WOOD Assistant City Manager Attachment: Letter from appellant Prepared by: PATRICIA L. TEMPLE Planning Director PAGE 02 ,. 02/27/1998 11:05 3104351867 • Via Fax: 714/644-3250 February 27, 1998 Patricia Temple Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: Franklin Realty Sign 3260 East Coast Highway SUPERIOR ELEC ADVERT • Dear Patricia, This is to request a continuance on the above sign project, which is currently scheduled for March 9th. We would like to re -schedule the hearing from March 9, 1998 to April 27,1998. The request is do to medical reasons for one of the principal's in the above case. If you need any further information, please feel free to contact me. Sandra Buckman Executive Assistant SIGNAGE CORPORATE IDENTITY PROGRAMMED MAINTENANCE 562.495.3608 800.995.9099 562.435.1867.FAX 1700 West Anaheim Street Long Beach CA 90813-1195 superiorsigns.com PAGE 03 02/27/1998 11:05 310435�_ February 24, 1998 SUPERIOR EXEC ADVERT • RSG,�;: (J'3Y t p�IVfVING UPARVAE► T IITy OF NEWPORT BEACH FEB _ � � 9 C3 Fdi�eA rY i a,� 'g •� Councilman Tom Thompson 23 Whitewater Drive Corona Del Mar, CA 92625 Dear Mr. Councilm As you probably have heard by now, we are once again postponing the hearing for Franklin Realty's electronic sign. As you know, my goal was to meet with each of the members of the Council and explain the specifics of the project, however, due to my recent hospitalization, I have lost that window for the next meeting. Also in this insurgent time, Franklin Realty has raised some questions that are valid and need to be answered before we proceed. A little history on this project which virtually came together with two issues. ♦ Franklin Realty decided to purchase a new on premise sign and mentioned it to the President of the Chamber. ♦ The Chamber of Commerce in Corona Del Mar and the community have been looking for a way of promoting Newport Beach and Corona Del Mar in an effective and legal way and to lot the community know what's going on. In discussing the types of signs available with Robin Hobson of Franklin, he had some discussions with the Board of Directors at Corona Del Mar Chamber of Commerce, and agreed to step up to the plate to make his portion, of the sign smaller and add a $50,000 electronic message center to the sign, which would be shared by the community and Franklin Realty. The attachment shows that the actual physical size of the new sign is smaller than the sign that exists and obviously brings it into the modem era, changing a Chinese restaurant sign into a retailer sign like it is. Now come the new issues, which are on the table. Since the Planning Commission hearing Franklin Realty felt that their integrity and motivation were in question. Furthermore, they got the impression obviously by vote that the Planning Commission felt that they were going to hurt the community rather than help it. CORPORATE IDENTITY PROGRAMMED MAINTENANCE 562.495.3908 800.995.9099 562.435.1867.FAX 1700 West Anaheim Street Long Beach CA 90813-1195 superiorsigns.com PAGE 04 02/27/1998 11:05 3104351867 Councilman Tom Thompson City of Newport Beach Page 2 of 2 SUPERIOR ELEG ADVERT • Franklin Realty has been In business at this location for over thirty years, and has no intention of spending $50,000 to hurt the community or their reputation. Issues have been raised by the City in using what IN; as to mind changes; and sale of the company, and other issues, which very well might be valid for the City to ask the results of the asking. The City Attorney will not let the City regulate copy, so the issue from Franklin's point of view is based on the Franklin reputation and the Corona Chamber. If the Council agrees with the Chamber, Franklin will go ahead. If there is any doubt, Franklin will withdraw their proposal. The Planning Commission feels the City should find another location and purchase and control this type of community message center, allowing Franklin to use the area available for their business. But this still leaves the Chamber with no public message capability. Obviously, I value your judgement on this concept and at your convenience I would like to go over this with you prior to proceeding with the appeal to council. Please give me a call at your earliest convenience to discuss this issue. I can be reached at the office, or my cellular number is 3101849-7222, or if it is more convenient my home number is 714/722-0553. Thank you for your assistance. cc Patricia Temple REC 4*0 uv r'LANN14G DEPARTMENT 1TY OF NEWPORT BEACH ' in11 FEB sq I9gs a kq,q ) q ,, 1 �a+EWPORre u C7lICOb�` PROJECT: CITY OF NEWPO BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 35 o NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644-320 ; PAX (714) 644-52SO PURPOSE OF APPLICATION: ACTION: Background Agenda Item No.: Staff Person: 26,1 25 Patricia L. Temple 644-3200 REPORT IO THE MAYOR AND CITY COUNCIL Franklin Realty Sign (Jeffrey Stern, applicant/appellant) US� � LE C O P Y 3250 East Coast Highway Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign animated with mechanically changeable copy. • Exception Permit No.51 Reschedule the hearing for March 9,1998. On November 6, 1997, the Plqnning Commission voted (5 Ayes, 2 Noes) to deny the application for Exception Permit No. 51. On November 18, 1997, the applicant filed an appeal of the decision of the Planning Commission. On December 8, 1997, the City Council consented to the request of the applicantto schedule the public hearing on the appeal later than 30 days from its filing, and set the hearing for January 26,1998. The applicant has submitted the attached letter requesting that the hearing on this appeal be rescheduled for March 9,1998. Submitted by: SHARON Z. WOOD Assistant City Manager Attachment: Letter from appellant Prepared by: PATRICIAL. TEMPLE Planning Director PAGE 01 01/15/1998 13:03 3104351867 • Via Fax: 714/644-3250 November 20, 1997 Patricia Temple Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: Franklin Realty Sign 3250 East Coast Highway SLIPERIOR ELEC ADVERT • Dear Patricia, This is to request a continuance on the above sign project, which is currently scheduled for January 26th. We would like to re -schedule the hearing from January 26, 1998 to your first available meeting in March. The request is do to medical reasons for one of the principal's in the above case. Please contact me with the dates that are available. If you need any further information, please feel free to contact me. Sincerely, Sandra Buckman Executive Assistant : SLB SIGNAGE CORPORATE IDENTITY PROGRAMMED MAINTENANCE 562.495.3808 800.995.9099 562.435.1867.FAX 1700 West Anaheim Street Long Beach CA 90813.1195 superiorsigns.com 0 I ij 7146759138 PHIL—SANSONE 428 P01 JAN 26 198 10:49 CORONA DEL MAR RES IDENI ASSOCIATION P. 0. Box r500, • 179, Corona Del Mar, CA 92625 RECEIVED Dedicated to preserving the quality of life of the community Y 1 AF A h 998 JAN 20 A10 :52 OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH 'age •1 of 1 TO: Honorable Mayor and Members of the City Council City of Newport Beach Re: Exception Permit No. 51, Sign, PCH and *guerlte, Carona Del MAr The Board of Directors of this Association recommend that the Council uphold the Findings For Denial and decision of the Planning Commission to deny approval of referenced, Exception Permit. FOR THB BOARD OF DIRECTORS: Corresponding Secretary Y Date LLCLV Copies Sent To: _0 Council Member '21anager ❑A n ❑ -- City of Newport Beach • • City Council Minutes December 8, 1997 16. AUTHORIZATION FOR MAYOR PRO TEM O'NEIL PURSUANT TO CITY COUNCIL POLICY A-8 TO USE CITY STATIONARY TO WRITE A LETTER OF SUPPORT ON BEHALF OF THE CITY COUNCIL FOR THE NEWPORT COAST TRIATHLON SPONSORED BY THE KIWANIS CLUB IN DULY OF 1998. 17. PRIyATE BANNERS WITHIN NEWPORT CENTER DRIVE AND NEWPORT CENTER DRIVE EAST/WEST ("RING ROAD") PUBLIC RIGHT,OF-WAY. Approve request of the Conference and Visitors Bureau for privaie banners within Newport Center Drive and Newport Center Drive East/West public right-of-way, subject to the conditions set forth by the Public Works -Department. 18. BAY KNOLLSNRE QUEST TO CHANGE SPHERE OF INFLUENCE (contd. from 10/k/97, 11/10/97 and 11/24/97). Continue to January 12, 1998. S31. BATNIJI RESIDENCE, 6800 WEST OCEAN FRONT. Consent to the request of the appellant Nb chedule the hearing later than 30 days from the date of filing the appeal, and schedule the hearing on February 23, 1998. CALENDAR, EXCEPT FOR THOS AND WITH AN ABSTENTION REG ON ITEM 9. Without objection, the 5. NEWPORT CENTER DRIVE TO APPROVE THE CONSENT S REMOVED (5,, 13, 14 and 15) D BY MAYOR PRO TEM O'NEIL carried by acclamation. Council Member Hedges pointed out that None year ago the Council authorized parking along the outer ring of New�prt Center Drive and this request is for parking on the inner ring on a trial basis. He spoke against the proposal for visual and liability reasons. Motion by Mayor Pro Tern O'Neil to direct staff to work with The Irvine Company to implement parallel parking along the innertedge of Newport Center Drive East(West on a trial basis for 6 months and to adopt Resolution No. 97-84 'establishing a two hour time limit on N wport Center Drive East and West. Council Member Glover said she personally supports the proposal, however her one concern is whether The Irvine Company should post sor pedestrian crossings. She directed staff to work with the City Attorn on liability issues related to the posting of pedestrian signs. With Council Member Hedges dissenting, the motion carried by acclamation.\ INDEX Letter of Support (33) Private Banners/ Newport Center Drive (74) No report Zoning (94) Parking/Newport Center Drive Res 97-84 (85) 13. REQUEST FOR AN EXCEPTION TO THE SIGN CODE TO ALLOW Franklin Realty THE REPLACEMENT OF AN EXISTING CONFORMING POLE SIGN Sign Exception WITH A POLE SIGN WHICH CONTAINS A MARQUEE TYPE SIGN Permit 51 Volume 51- Page 532 City of Newport Beach City Council Minutes December 8,1997 outlined in the staff report to permit the prime contractor for this project, Brutoco Engineering and Construction, Inc., to designate Simich Construction Company, Inc., as the subcontractor for sanitary sewer work, and determine that Brutoco may designate Simich without penalty. 9. HOAG HOSPITAL METHANE GAS MITIGATION SYSTEM. Approve the" design and relocation of the Hoag Hospital Methane Gas Mitigation System; based on the re-evaluation of the certified Environmental Impact Report concur that there are no conditions described in California Environ''mental Quality Act Guidelines Section 15162 or Section 15163 which would rewire the preparation of a Subsequent Environmental Impact Report or Supplemental EIR; and authorize the City Manager to execute a Cooperative Agreement between Hong Hospital and the City of Newport Beach. The motion carriedbythe following roll call vote: Ayes: Thom4Rn, Debay, Hedges, Glover, Noyes, Mayor Noes: None Absent: None Abstain: O'Neil 10. ASSESSMENT DISTRICT NQ. 79 BEACON BAY, PROFESSIONAL SERVICES AGREEMENT ANp BUDGET AMENDMENT (BA-027). Authorize a budget amendment io�appropriate $97,000 in the Assessment District Capital Project fund to proposed Assessment District No. 79 Beacon Bay, Account No. 7401-005200418; a�d authorize the Mayor to execute a Professional Services Agreement with Willdan Associates in an amount not to exceed $81,500 for assessment and desig engineering services. il. MACARTHUR BOULEVARD Wl NWG - SEGMENT 20 AMENDMENT NO. 1 TO PROFESSIONAILSERVICES AGREEMENT WITH ROBERT BEIN, WILLIAM FROST &ASSOCIATES. Approve Amendment No. 1 to Professional Services Agreement with Robert Bein, William Frost & Associates authorizing additional civil engineering services and compensation in an amount of $43,102 too''tsupport Segment 2 construction of the MacArthur Boulevard Widening Pipieet; and authorize the Mayor and City Cleric to sign Amendment No. 1 on behalf of the City. MISCELLANEOUS ACTIONS 12. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 13. Removed from the Consent Calendar by Council Member 14. Removed from the Consent Calendar by Council Member 15. Removed from the Consent Calendar by Council Member Hedges. "s. P F1kNF1 _, C-2886 (38) Hoag Hospital Methane Gas Mitigation C-3099 (38) Proposed Assessment Dist 79 Beacon Bay/ Prof Services Agreement Willdan C-3173 BA-027 89/38/40 MacArthur Blvd Widening - Segment 2 - Bein/Frost C-2825 (38) Planning (68) Volume 51- Page 531 City of Newport Beach • City Council Minutes December 8,1997 ANIMATED WITH MECHANICALLY CHANGEABLE COPY ON THE PROPERTY LOCATED AT 3250 EAST COAST 13IGHWAY (FRANKLIN REALTY SIGN) (Jeffrey Stern, applicant/appellant). City Manager Murphy explained that the appeal procedure requires that the hearing be scheduled within 30 days of the filing of the appeal unless both the applicant and reviewing body consent to a later date. Mr. Stern has requested that the hearing be scheduled for January 26, 1998. Motion by Mayor Pro Tern O'Neil to approve the request of the appellant to schedule the hearing later than 30 days from the date of filing the appeal, and to schedule the hearing for January 26, 1998. Without objection, the motion carried by acclamation. UPPER NEWPORT BAY UNIT III DREDGING PROJECT. Attorney Burnham reported that he just received word that an Orange ity jury has awarded $18.5 million in damages and penalties to the City of Newport Beach, City of Huntington Beach and the County of ige in litigation involving the American Trader oil spill. He said he is ful,.that a substantial portion of that money can be used for bay gmsr other upper bay improvements. Fire/Marine Chief Riley reported that during the recent storm activity the City faired fairlyqell and the actual damage related to buildings, structures and personal propal y was pretty low. He said the City had no loss of life or significant injuries as�a result of the storm activities. He reported on the impacts to the harbontand the cleanup efforts that the City staff has undertaken. t`i,, General Services Director Niederhaus reported that the City was fortunate to not have high winds and higkqurf at the same time. He stated that Buck Gulley endured heavy water through the channel which took out part of the sidewalk and caused major erosion l; the beach. He said staff expects a lot of flow from the Santa Ana River andv'estimate that 100-200 tons of debris will come on shore. He explained that the -City ran out of sand bags, however was able to borrow 5000 and expect to havlG new supply by Wednesday or Thursday. On Back Bay Drive he said he expects the lower section from Shellmaker up to San Joaquin to be closed foryabout 3.0-60 days because runoff from Santa Barbara down through John Wayne Gulch took out the storm drain and undermined the road for about 100��feet in each direction. The upper section faired better with only a minor slidep,and it will be open within two weeks. The only damage at City Hall was in fhe computer room. He asked the residents to help make sure that storm drain�basins are clear in the future and requested that if anyone see any problems to call General Services at 644-3055. He said staff will work up an estimate fb?4amages in the next few days. He pointed out that all kinds of vectors can,be in the debris and explained that the debris has to dry out before the landfills will 'a take it. Public Works Director Webb explained that the utilities crews responded to a FONRIM (94) Upper Newport Bay Unit III Dredging C-2987 (38) Volume 51 - Page 533 City of Newport Beach • City Council Minutes December 8,1997 number of high water activities. There were a number of the sewer pump stations that had high water alarms and required special bypass pumping. The rain also caused at least five water main breaks. He noted that a piece of equipment that was cleaning Coast Highway was used for a water rescue in the Arches interchange. Asls sstant to the City Manager Ducey stated that the City has not gotten a repon from the County on damages to the upper bay regarding silt coming down.' -The contractor is expected to bring their equipment in by the end of this month and begin dredging initially in one location and sometime in January Ntwo different locations. She said the contractor will continue to dredge throtyighout the winter. She reported that the initial funding is for $2 million. Durmg this legislative year the City expected to get the remaining funds from a�bill that was going to create something called the Coastal Conservancy. That bill died in the legislature, however staff has just received information that the bill will be resurrected and hopefully put on a fast track for the coining legislative session. She said staff has been told that they expect to have di line item in that bill for the upper Newport Bay to finish the dredging project. ,y Council Member Glover 41pported that she received a lot of phone calls regarding the debris in the bay and the harbor and pointed out that one of the things we have to remember is that this was not generated in Newport Beach. The City is part of a watershed that goes all the way from Lake Forest to South Coast Plaza and M of those areas drain down into Newport, The San Diego Creek drains an A'rea of approximately 150 square miles before it enters Upper Newport Bay.' •I No action was taken on this item. \\\ 15. TRAFFIC SIGNAL PREEMPTION IN ORAL NGE COUNTY. Council Member Hedges reported that this it0m recommends that the City Manager forward a response to the presiding judge of the Superior Court on some grand jury recommendations. He questioned what the business of .the Orange County Grand Jury is and why they are involving themselves in municipal and legislative affairs. City Attorney Burnham explained that the Grand Jury,lias two functions. One function is to hand down criminal indictments and the other function which they are authorized by state law to perform ,is to conduct investigations of government and hopefully help government function better. Council Member Hedges voiced concerns with their involvement lvith traffic signal preemption. He reviewed their recommendations and pointed out that these items are clearly under the purview of the legislative authority of the Orange County Board of Supervisors and the individual cities. He said he would invite the Grand Jury foreman to explain what the Grand Jury is doing that is more important than what the individual cities or Board'of Supervisors is doing with these legislative decisions. t INDEX Traffic Signal Preemption (85) Volume 51 • Page 534 tow 07 '57 03:07PPI CI 1' II WY OF NEWPORT BEACO? 1. Variance No. 6. 2. Use Permit No. 7. 3. Zone AmendmenUPCA No. 8, 4. Modification No. S! 9. 5. Amateur Radio Antenna 10. Name of or perso Address: Satellite Dish Site Plan Review Coastal Residential Developffint7 g p 1 :06 Other Condominium ConveNME nE TUF C=CLERK CITY OF NEWPORT BEACH Phone: Date of Planning Commission decision: Oo.,-e �n h� (; , 19 e -1 Regarding application of: (Description of application filed with Planning Commission) �7 1 A s t 1 , MI _ i I M 33 for ReasonsforAppeal: )Annib "51 i4v elpp youo ( (g6vie/ r vs r d z+� �ieNof rr1�s�s�c m.T a 4avj o! 1 11�t s 01V17s�w ��,�Ivrirtl}st /��Se�iLs FOR OFFICE USE ONLYG-"W Date Appeal filed and Administrative Fee received: N0(1 • 19 2'7 . Hearing Date. An appeal shall be scheduled for a hearing before the City Council within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20,95.050) Date ! I I Q 1 cc: Appellant Planning (Furnish one set of mailing labels for mailing) Fite Kj:.,w ii Cu o 1 PLANNING DEPARTMENT :^ITY OF NEWRORT BEACH APPEALS: Municipal -Code Sec. 20.95.040B Appeal Fee: $399 pursuant to Resolution No. 97-17 adopted on 2-10-9 NOV18 1997 PM (Deposit funds with Cashier in Account #2700000) 71819110Iu112111213141M a 6 Poq� ®° CITY OF NEWPORT BEACH NEWPORT BEACH, CA 92663 �CIFOPN`' RECEIVED BY: PERRYI TODAY'S DATE: 11/18/97 27005000 ZONING & SUBDIV MODIFP.0 T CASH RECEIPT RECEIPT NUMBER: 01000311898 PAYOR: SUPERIOR ELECTRIC REGISTER DATE: 11/18/97 TIME: 13:25:55 g $399.00 DUE: $399.00 CASH PAID CHECK cPAIDGJE TENDERED r� $ .00 $399 �00,34'918 ! n,a 1 $399.00 0 CHANGE $.00 - ' YST BUSINtKUSANK' �`` i'':' : : • :•.:ONE OUNKER HILL BUBDm%X*'.� SUPER` `..:`:};•'' ',•'I >WllWWF•OH'STREET.2,!\. ElectricalAdvertbingInc. �osAtwecEsrcAu�oaxuwo7ry 17ooWESTANAHEIMSTREET >;;.'.'•;+? 't•a444-iM LONG BEACH,DAT9CALIFORNIAY0813 11=17-9' ' (682) 486.3808 PAY THREE HUNDRED NTNTY-NTNT' nQ11ARS ANDOO/lOO DOLLARS S** TO THE ORDER OF PERMIT A�C N*TOE% r CITY OF NEWPORT BEACH ACCOFRANDUNT#2700000' r,;•? r.'•:'-a;,' '•:;`'•'•'.`;;' n I�Y1G2�0©O8ilsm!16•!: •`••..�4� .Cr\v l� V• DATE NUMBER 'n?%n'n ro. Mh=Y'':i^i�. �•.f :�. ..Y �ia,,D_E>rC� t '3', ...: f-�'i;''.:.$.'fi .. ••. x'�. a ce,`s'„,. rtf't : <'� .. sS...AMOUI;h',YS` pNET us. ' AMOUNT 11-17-97 3498 FRANKLIN REALITY APPEAL REG. 201480 SUPERIOR ELECTRICAL ADVERTISING INC. LONG BEACH, CA90813 0 City of Newport Beach Planning Commission Minutes November 6, 1997 Planned Community District Regulations and Chapter 2u.5i or me Municipal Code. 19. That no temporary "sandwich" signs, balloons or similar temporary signs �shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. Temporary signs shall be ptohibited in the public right-of-way, unless otherwise approved by"the Public Works Department in conjunction with the issuance of�*,an encroachment permit or encroachment agreement. ` 20. That the Planning Commission,,Tay add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.4.050 of the Newport Beach Municipal Code. SUBJECT: Franklin Realty Sign Jeffrey Stern, applicant 3250 East Coast Highway Exception Permit No. 51 Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign animated with mechanically changeable copy. Ms. Temple stated that this application is a result of a proposal by Franklin Realty in Corona del Mar to install a changeable copy sign that utilizes computerized flip disc technology. When the first request was received, staff had concerns about the exact interpretation of the Sign Code in relation to this sign and questioned whether this sign constitutes an animated sign under the provisions of the Code. The Commission determined that this sign was an animated sign and therefore the applicant has filed this application for an Exception Permit. Commissioner Fuller questioned Mr. Edmonston about the changeable copy of the sign and any concern as to driver diversion that may be caused by an 8 second interval. Mr. Edmonston stated that the interval of 8 seconds is adequate to limit 21 INDEX item No. 3 Exception Permit No. 51 Denied City of Newport Beach Planning Commission Minutes November 6, 1997 INDEX the frequencyof change that might in and of itself be distracting. Commissioner Selich asked about the community message center benefits. If there is an agreement with the Corona del Mar Chamber of Commerce and should this be taken into consideration during the Commission deliberation? Ms. Temple stated that the City is not in a position to condition or control the content of any sign except with some particular specifics regarding adult oriented businesses. The Commission has to consider the sign in the light, shouldthe private agreement change, that the sign could be used exclusively for commercial purposes, and not through City mandate incorporate community benefit messages. If it is determined that, the Exception Permit is granted, the Commission is giving the applicant an extraordinary privilege, this is being limited by staff's proposal to limit the copy to being changed to once a day. The suggested restriction to change the copy only once a day would put this sign on par with a manual, changeable copy sign that is already permitted by the Code. Public Commentwas opened: Mr. Jeffrey Stern, 2020 Marlin Way - stated, that he has a fully operational sign in the parking lot. He asked if the Commission would like to go outside and see for themselveswhat the sign entails. Commission then took a five minute recess and proceeded to the parking lot to see the sign. Mr. Stern then commented on the staff report about the proliferation of this type of sign throughout the City. The economic value of this sign, in this case, the electronics alone exceeds $50,000. This type of sign has been approved elsewhere in the City at West Cliff Plaza. This type of sign has been installed in several other cities at their expense. 'In this instance, a citizen is willing to assume the cost and thus save the taxpayers. Up until August of this year, CalTrans controlled the signs on -any highway or freeway in the state. Control of the electronic message centers have been passed over to the local governments. The visibility of the location is one half a block, most of the motorists will see one or two messages. The visibilityof traffic is two blocks. Mr. Priestly, 4521 Cortland, President of Corona del Mar Chamber of Commerce spoke in support of the application. This sign would be a good opportunity for residents to find out what is happening around town. At Commission inquiry, he stated that there is no written agreement for community copy on this sign. Mr. Royal Radtke, 330 Mayflower Drive, past President of Corona del Mar 22 City of Newport Beach Planning Commission Minutes November 6, 1997 Chamber of Commerce spoke on behalf of this application. This proposition was brought to the Chamber on a 50-50 basis. The board thought this would be more beneficial to the community on a 70-30 basis and an agreement was reached acceptable to all concerned. This sign would allow messages to be highlighted regarding access closures or main breaks. The Business Improvement District is looking for a way to save $50,000 and to have this particular sign put up and to be used instead of the many banners that are strung across the center at Marguerite and Coast Highway. Ms. Lavinia Hayton, business owner spoke in favor of this sign stating this would be good for the community. Mr. Robert Hobson, 415 Marigold, owner of Franklin Realty, stated that the advertisement part of the sign will be small. The majority will be community related. At commission inquiry, he stated that his agreement with the Chamber is his intention, there is no written agreement. Public Comment was closed. Commissioner Fuller asked if there were light bulbs in the sign. He was answered that there are no bulbs, rather, they are reflector discs and the sign itself is back lit and there will be no color. Commissioner Selich stated that this is a new type of exception for a sign on a corner property. If this is granted, there will be other requests for this type, for instance any of the auto dealerships. He doesn't want to drive down Coast Highway and see flashing signs advertising products for sale versus what the real purpose of the Ordinance is, to identify the name of the business. Commissioner Gifford stated that she too does not find any exceptional circumstances to justify granting an exception to the sign code for this purpose. Looking at the attachment that has been submitted, the question what exceptional and extraordinay circumstances are involved, the answer is this technology utilizes fixed fluorescent lamps behind a face with flip disks to create the letterform, which in actuality, allows light to pass through less than one third the surface as compared to a standard plastic face. I don't understand that this has any relation to land use or planning or why the circumstance to this property would justify an exception. There is no relevance that 70% of the message content of this sign would be non-commercial public service nor why it is necessary to protect a substantial property right. These responses do not bear at all on any exceptional circumstances. Commissioner Adams opposed this sign for similar reasons previously stated. He continued that the sign is ugly and does not want to see these 23 INDEX • City of Newport Beach Planning Commission Minutes November 6,1997 on the • r 6 INDEX Commissioner Ashley supports the technology and likes the way it looks but not the location. He agrees with Commissioner'Selich's comments and would like to see this sign at a more appropriate location. Motion was made by CommissionerAdams to deny Exception Permit'No. 51 per the Findings in Exhibit B. Ayes: Selich, Kranziey, Gifford, Adams, Ashley Noes: Fuller, Ridgeway Abstain: none FINDINGS: That the approval of this exception permit is not necessary to protect a substantial property right because: Adequate signage can be provided within the permitted 25 foot pole height and 200 sq. it, per face permitted in the Sign Code. This property occupies a highly visible location on East Coast Highway which has frontage on both the Highway and Marguerite Avenue and animation is notnecessaryto provide adequate signage, 2. That the proposed animation is not compatible with the business area in Corona del Mar since the area currently has no operating animated signs. 3. That the proposed animation is not compatible with the residential uses in, close proximity to the proposed sign due to the potential to produce the effect of a flashing sign after dark. 4. That the proposed sign is not consistentwith the stated purpose of the Sign Code since the sigh may provide the ability to advertise direct products, services and listings which is beyond the purpose of the identification and advertisement of the on -site business. 5. The approval of Exception 'Permit No. 51 will, under the circumstances of the case, be detrimental to the health, safety, peace,morals, comfort and general welfare of persons residing or working in the neighborhood because: The proposed animation could distract the attention of motorists which could create traffic hazards. 24 City of Newport Beach Planning Commission Minutes November 6, 1997 The sign could create the effect of a flashing sign which could disturb nearby neighbors. night The approval could create the standard and precedent for the approval of additional animated changeable copy signs. Activities Incorporated (Kathy Miller, applicant) 501 30th Street Use Permit No. 3614 Request fobestablish a private banquet/conference facility in a space formerly occupied by a full service restaurant. The operation will function as a banquet facility, evenings and weekends, for events such as private parties and weddings. Activitieswill include: on -site saleNnd/or consumption of alcoholic beverages; • a request to yyaive a portion of the required parking; and • the use of live botertainment and dancing. The applicant has -requested that this item be continued. Motion was made by Commissioner Selich to continue this item to November 20th. Without objection the motion carrie ft acclamation. •■s SUBJECT: Christopher R. Colvin>� behalf of Ms. Nita Puig Heckendorn, owner) 3000 ocean Boulevard Modification Permit No 4599 Appeal of the decision of the Modifications Committee which approved a request to allow a second story addition over an'ex fisting single car garage that is nonconforming because it is encroaching,7 feet into the 10 foot required rear yard setback. The proposed new copstruction will match the existing setback encroachments. The applicant has requested that this item be continued. Motion was made by Commissioner Selich to continue this itenlF to November 20th. Without objection, the motion carried by acclamation. 25 INDEX Item No. 4 UP No. 3614 Continued to 11/20/97 Item No. 5 Modification No. 4599 Continued to 11-/20/97 City of Newport Beach Planning Commission Minutes November 6, 1997 ««« Asian Bistro (Ahn Tran, applicant) 2600 East Coast Highway, #160 « Planning Director's Use Permit No.14 Requesteo permit the conversion of a specialty food service use (No. 60) to a full -se ice small scale eating and drinking establishment; and alter the.operatio alcharacteristicsto: • increa ethe interior seating from 20 to 25 and • add alc'6 olic beverage service (beerand wine only) The applicant has equested that this item be continued. Motion was made 15y Commissioner Selich to continue this item to November 201h. Without objection, the mot,oncarried by acclamation. Due to the extent of testimony and time taken on the first item, Commission discussed and agregd to take the following item out of order: `� SUBJECT: Gelson's Marke}(Bruce Edelson, applicant) 1660 San Miguel D(Ive « Use Permit No.3617 Request to permit the construction of a 400 square foot storage building and a request to waive the required parl�ipg spaces (two parking spaces). '' s Public Commentwas opened. Mr. Bruce Edelson, representing Gelson's Market, stated that it is the intent of Gelson's to construct a storage building in the back lot of the main building to replace the non -conforming storage truck't(biler that has been there since approximately 1989. Requested is a var(ance as the new storage building will be approximately 400 square feet, and under the code that would require two additional parking spaces be constructed. There is no change in the actual square footage at the site, since a storage truck trailer of approximately 400 square feet will be removed. There will be no increase in traffic nor in parking at the shopping center as a result of this storage building. The loss of this storage could mean additional traffic as there will be additional delivery trucks there. At the present time, there is a requirement for 276 parking spaces and staff's check of the parking drawing showed only 270 spaces. Stall 26 Item No. 6 PDUP No.14 Continued to 11/20/97 Item No. 8 UP No.3617 Approved INDEX • 0 CITY OF NE)&RT BEACH COMMUNITY A 1 ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 33" NEWPORT BOULEVARD NEWPORT BEACH. CA 91658 (714) 644•3200• FAX (74) 644.3250 Agenda Item No.: Staff Person: Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: Franklin Realty Sign Jeffrey Stern, applicant 3250 East Coast Highway PURPOSE OF Patricia L. Temple 644-3200 14 days APPLICATION: Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign animated with mechanically changeable copy. ACTION: Approve, modify or deny: • Exception Perinit No. SI LEGAL DESCRIPTION: Lot 6, Block R, Tract 323 ZONE: RSC, Retail and Service Commercial OWNER: Michael Franklin, Corona del Mar Points and and Authori1y • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class I I (Accessory Structures). • Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Retail and Service Commercial' uses. The subject sign is a permitted' use within this designation because it is ancillary to retail and service uses. • Exception Permit procedures are set forth in Chapter 20.67 of the Municipal Code. VICINITY MAP 0 D :ee Nwi . . m - ., Exception Permit No. 51= 1 Subiect Pronertyand SUrroundinPLand Uses Current Development: Multi-tenantcommercial building To the north: Are residential duplexesand single family dwellings To the east: Across Marguerite Ave. are residential uses and retail/service commercial uses To the south: Across East Coast Highway is the Bandara Restaurantand retail/service uses . To the west: Are retail/sdrvicecomnlercial uses Exception Permit No.31 Page 2 0 Background At its meeting of August 21, 1997, a request was made of the Planning Commission to determine whether certain types of changeable copy signs and electronic reader -boards fall under the definition of "animated signs." The type of sign in question, an illuminated, "flip -disk," electronically controlled changeable copy sign was determined to be an animated sign and is, therefore, prohibited by the Sign Code. Chapter 20.67.045 allows for deviations from the requirements of the Sign Code, provided that an Exception Permit is approved by the Planning Commission. On September 19, 1997, the applicant requested a continuation of the public hearing to allow for additional discussions with staff and clarifrcationof the issues raised in the original staff report. Previous Approvals for Animated Signs The City has approved two Exception Permits and one Modification Permit allowing the construction of animated signs. These are described below: 1. Exception Permit No. 38 for 1100 Irvine Avenue (Westcliff Plaza): This was a request to install a flashing time and temperature display within an existing sign. The flashing time and temperature display was installed on two of three sign faces on a freestanding pole sign within Westcliff Plaza. The sign was located near a then existing bank sign in the easterly corner of the shopping center, away from the surrounding roadways. The animated sign was 7 square feet in area on each face, or 14% of the area of each face. This particular sign utilized flip -disk technology similar to the technology proposed in this request. In approving the exception permit, the Planning Commission found that the sign would not be detrimental due to its unique location in the corner of the shopping center. A copy of the approved sign elevation is attached. 2. Exception Permit No. 46 for 300 Newport Center Drive (Edwards Big Newport Cinema): This was a request to allow the construction of a 40 foot high free standing, double faced, animated identification/marquee sign. The animated portion of the sign was the border of the marquee, with a neon tube "shadowing" effect. No flashing sign elements were proposed, and the changeable copy is not animated, but changed by hand. In approving this permit, the Planning Commission and City Council found that the sign would not be detrimental given the facts that the sign would not be visible from any residential area, and that the size of the theater complex justified the exception. A copy of the approved sign elevation is attached. In a field check of this sign, it was discovered that the sign as constructed includes an animated element not authorized by the approved Exception Permit. This is a small "medallion" of blinking white bulb lights immediately below the Big Newport text on the sign. Staff will inform Edwards that this portion of the animation has not been approved, and that the animation of this area should be discontinued until such time an amendment to Exception Permit No. 46 is approved by the Planning Commission. Exception Permit No. 51 Page 3 3. Modification Permit No. 4015 for 451 Newport Center Drive (Hard Rock Cafd): This was a request to allow the construction of a double faced, animated and blinking pole sign with 257 square feet per sign face and 50 feet in height. The animated portion of the sign was to allow the appearance of guitar strings being strummed on the logo guitar sign, the animation of the business identification copy, and the animation of the sides of the sign.. In approving this request, the Planning Commission and City Council found that the sign would not be detrimental since the sign would not adversely affect any residential area. The City Council required the sign to be lowered to 40 feet in height, with the guitar set at an angle. A copy of the original elevation is attached. There is an existing, non-functional time and temperature sign on East Coast Highway in Corona del Mar, at the corner of Heliotrope Avenue. There is no indication in City records of how this sign was approved, so it would be considered a legal, non -conforming sign if it were still in operation. However, since the sign has not been functioning for the past 6 months, the rights to the non -conformity have been terminated pursuant to Section 20.62.080, and cannot be re- established without the approval of an exception permit. Additionally, there are a number of animated signs within the Fashion Island Mall area, where they are a permitted sign type. Analysis The application is a request to approve an animated sign to replace an existing pole sign on a commercial property. The proposed sign is comprised of 28 sq.ft. of fixed copy (44% of each sign face) and 36 sq.ft. of changeable copy area (56% of each sign face) which uses illuminated "flip - disk" technology. The following table indicates the proposed changes: EXISTING POLE SIGN PROPOSED POLE SIGN PERMITTED POLE SIGN Sign Dimension.z: 9' 11" x 5' 3", or 52 6' l0" x 9'4", or 64 200 sq,ft. sq.ft, sq.ft. Sign Height: 21 feet, 2 inches 18 feet, 10 inches 25 feet Dimensions The project involves the removal of the existing sign cabinet and the construction of a new cabinet that is lower and which will eliminate the architectural elements of the existing sign. As a z Sign size is calculated by measuring the sign copy area and does not include the architectural projections of the existing sign Exception Permit No.51 Page 4 result, the overall size of the sign will be reduced despite the fact that the text area of the sign is increased from what currently exists. The above table indicates that the proposed sign will be approximately 12 sq.ft. larger than the existing pole sign, but when taking into account the architectural elements of the existing sign cabinet, the new sign will be approximately 20% smaller than the overall size of the existing sign. Additionally, the proposed sign is 68% less than the permitted 200 sq.ft. Sign Height The proposed sign will be approximately 2 feet, 4 inches lower than the existing pole sign and will be located lower on the pole. It is also 6 feet, 2 inches lower than the permitted sign height of 25 feet. This will also help to reduce the visual mass of the sign. Illumination The electronic sign will be internally illuminated behind a message board that utilizes computer controlled "flip -disks." The back -lighting will be continually burning fluorescent lamps. The proposed sign incorporating the flip disk area is less bright than a light bulb type of message center, as well as a conventional plastic face sign of the same size. Staff has included a condition that the lighting shall meet the requirements of the Uniform Building Code and Section 20.67.025 of the Municipal Code for sign luminescence. Duration and Frequency The sign being considered utilizes computer controlled, "flip -disk" technology which will allow that portion of the sign to function as a message center with changing text at regular intervals. The messages on this portion of the sign can change every four seconds with a one second interval between each message.' If graphics are used, the time would be increased to 6 seconds for the message and one second for the change because the board requires more time to show an entire graphic. Staff is concerned that rapid change in copy will be visually distracting to passing motorists and create an adverse impact on traffic circulation. In working with the applicant, a longer message time of 8 seconds has been identified which would allow passers-by more time to read the messages, reduce the animation characteristics of the sign and insure that the sign is not so visually distracting as to create a traffic hazard. As a result of these discussions, the applicant amended the request to incorporate this limitation. Therefore, a condition has been included to limit copy changes to a maximum of one message each 8 seconds with a minimum interval between messages of 1 second. With this limitation, persons traveling at 35 miles per hour on East Coast Highway would see from 2 to 3 messages, depending on where in the message cycle the sign became visible. More messages would be seen if a vehicle was halted by the traffic signal at Marguerite Avenue. These are the current limitations contained in State law for property fronting on a State highway. Exception Permit No. 51 Page 5 Hours of Operation V Although the internal illumination of the sign is constant, staff believes that the use of the changeable copy features of the sign at night could produce an effect similar to a flashing sign. Given the close proximity of the sign location to residential areas, this could adversely affect nearby residents. Therefore, staff is of the opinion that the changeable copy aspect of the sign should also be subject to limited hours of operation. This issue was also discussed with the applicant, resulting in a further amendment to the original request to incorporate limitations on the operation of the changeable copy feature of the sign to between the hours of 6:00 AM and 10:00 PM, Sunday through Thursday, and between 6:00 AM and 12:00 midnight, Friday and Saturday. Staff has included a condition incorporating this limitation. Community Compatibility and Aesthetics The preceding analysis has focused on technical issues associated with the implementation of the proposed animated changeable copy sign. An additional issue appropriate for consideration is the overall aesthetics of this type of sign. This sign technology is commonly used by CalTrans and other agencies which manage traffic control, for the purpose of notifying the motoring public of temporary road conditions or lane closures. Additionally, such signs are often used in shopping centers and auto centers along major arterial roadways and freeways. Staff has a concern that the "message center" aspect of this animated sign will not be compatible with the business district .and the neighboring residential uses, since it will have the ability to change text in a manner to create special effects and the impression of flashing which is not the typical case for business identification sighs in the area. It should also be noted that approval of this sign type could lead to additional requests for animated changeable copy signs. A precedent for approval could be established if applicants are willing to agree to similar use limitations (as proposed in the draft conditions of approval) and the business location has similar characteristics (such as a location on an arterial highway). It is the opinion of staff that a large number of similar signs along Coast Highway could adversely affect the overall aesthetics of those business districts and the City generally. Applicant's Statement of Support In accordance with Section 20.67.045B of theNewport BeachMunicipal Code, in order to grant an exception permit, the Planning Commission must find that the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of Chapter 20.67, and will not be materially detrimental to the Health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to -property or improvements in the neighborhood, or to the general welfare of the City. In response to the above requirements, the applicant has submitted the following statements in support of the application: ru eptionPermitNo.51 Page 1. Why will the proposal not be contrary to the purpose of the sign ordinance? "The Sign Ordinance allows for 200 square feet of sign area at 25' high (15' high by 13' wide), which would allow 15 lines of 8" changeable copy in addition to a 3'-0" high identification module. This application utilizes computerized technology to reduce from a 12' high reader panel to a 3'-10" high reader panel through the use of electronic copy change. This technology has been approved in prior cases by modification in Newport." 2. What exceptional or extraordinary circumstances are involved? "This technology utilizes fixed fluorescent lamps .behind a face with flip disks to create the letter form, which in actuality, allows light to pass through less than one third the surface as compared to a standard plastic face at 100% lighting." 3. Why is an exception permit necessary to protect a substantial property right? "Although 70% of the message content of this sign will be non-commercial public service and community advisory messages and controlled by the Corona del Mar Chamber of Commerce, 30% will be used by the applicant to promote real estate activities and do so without the necessity of erecting a 15' high by 13' wide double face pole sign 25' high with manual letter changing." 4. Why will the proposal not be detrimental to the neighborhood? "Since the high intensity at night would be less than one third that of a standard sign of the same size, there is less impact on the neighborhood. This sign will reduce the existing sign area by 30% and is 135 square feet less than allowed by code. "Although the City considers this an animated sign type, the motion created by the message change is minimal and has been approved in Newport at the Westeliff Plaza. This sign is on Coast Highway and is consistent with commercial signing in a commercial area." Required Findings Section 20.67.045 B of the Zoning Code sets forth the findings which must be made in order for the Planning Commission to grant an exception permit, as follows: "... the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this chapter..., and will not be materially detrimental to the health, safety, comfort or general welfare ofpersons residing in the neighborhood, or to the general welfare of the City. " The Sign Code chapter states the purpose : "to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and advertisement of business by regulating and controlling the design, location and maintenance of all signs and sign structures in the City. " Exception Permit No. 5I Page 7 Facts which support the granting of an exception to the provisions of the Sign Code: • Other non -animated forms of changeable copy signs are permitted in the area. • A suggested condition of approval, to which the applicant has agreed, will limit the message cycle, minimizing animated effect and potential traffic hazards. • A suggested condition of approval, to which the applicant has agreed, will limit the hours of operation of the animated use of the sign, reducing potential adverse effects in nearby residential areas. • The proposed pole sign is smaller than permitted by the Zoning Code. Facts which do not support the granting of an exception to the Sign. Code: • A sign 25 feet in height with 200 square feet of copy area is permitted by the Sign Code, which is adequate for most businesses. • The property in question has a highly visible location on East Coast Highway at the intersection of Marguerite Avenue. The site benefits visibly from dual frontage, a wider section of Coast Highway, and the presence of a traffic signal. These features combine to create a location whose existing signage is among the most visible in the area since there are few visual obstructions and regular halting of passing traffic at the signalized intersection. • The proposed animated sign may create a visual distraction to passing motorists which could create a traffic hazard. • The proposed sign may create an effect similar to a flashing sign at night. • The proposed sign could be considered inconsistent with the stated purpose of the Sign Code, since the proposal presents the opportunity to provide more than the identification and advertisement of the business by allowing for the advertisement of individual products, services or listings. Additional Considerations Community Message Center Benefits. As indicated in the applicant's statement of support, the Corona del Mar Chamber of Commerce is to be allowed control of a substantial portion (70%) of the changeable copy content of the sign to advertise Chamber and community events. This would allow the Chamber of Commerce to advertise their events in a manner which complies with local and State regulations. Currently, the Chamber of Commerce places banners on buildings and in the median of East Coast Highway, usually without proper permits. While this is a very worthy aspect of the sign, it is not.a consideration which the City may use in the decision to approve the exception permit. Governmental agencies are prohibited from limiting or regulating the content of signs, except in very limited areas related to adult oriented businesses. Their jurisdiction can only address the time, place and manner of sign placement. Therefore, it is not within the authority of the Planning Commission to require community event Exception Permit No. 51 Page 8 information, or to require partial control of content to any entity, such as the Chamber of Commerce. Any agreement to this effect would be a private contract between the owner of the sign and the Chamber of Commerce, and the City could not be a party to such an agreement, nor enforce it in any way. Snecial Privilege As briefly discussed previously, the sign in question (in addition to being considered an animated sign) is also of a nature which significantly increases the message potential as compared to a conventional sign of a similar size. This is due to the fact that, in addition to advertising the location and type of business on -site, the rapid changeable copy feature will allow the advertisement of specific products (realty listings in this case) which far exceeds the potential of other signs in the area. This includes more conventional changeable copy signs, which are seldom changed more than once daily. Since one of the key findings the Commission must make is whether the approval is necessary to preserve a substantial property right, a related consideration is whether the granting of the exception would constitute the granting of a special privilege which other property owners do not enjoy absent the granting of a similar exception. In order to assure that no special privilege is granted, the Commission may wish to consider a limitation to allow the message center to function in a manner similar to other permitted changeable copy signs. In this case, consideration could be given to allowing the changeable sign copy to only once per day. A condition of this nature could, if imposed by the Planning Commission, assure that a special privilege is not being granted, and also address the overall aesthetics of the business' sign program. Should the Commission determine that the approval could constitute the granting of a special privilege, but still desire to approve the request, staff suggests inclusion of the following additional finding and change to condition number 2: Finding: That the potential for this approval to constitute the granting of a special privilege has been offset by a limitation of use of the sign to function in a manner similar to other permitted changeable copy signs. Condition 2: That the message center copy may be changed only once per day. Continuous motion of messages (scrolling messages) is not permitted. Should the Commission determine that the approval would constitute the granting of a special privilege, and desire to deny the request, staff suggests the Commission include the following additional finding: Exception Permit No. 51 Page 9 r Finding: That the approval of the proposed animated changeable copy would constitute the granting of a special privilege not enjoyed by other businesses in the area due to the greatly enhanced ability to advertise individual products or listings not generally available in conventional signs. Action Should the Planning Commission wish to approve Exception Permit No. 51, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Commission desire to deny this request, the findings set forth in the attached Exhibit "B" are suggested. Submitted and prepared by: PATRICIAL. TEMPLE Planning Director Attachments: Exhibit "A" Exhibit "B" Letter from the Applicant Elevations of WestcliffPlaza, Edwards Theater and Hard Rock Cafe signs Correspondence Elevation, Site Plan and Color Indications of Proposed Sign P:\USERS\PLN\SHARED\IPLANCOM\1997\1106\EP5 LDOC Exception Permit No. 51 Page 10 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Exception Permit No. 51 Findings: 1. That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. Retail and Office uses with associated signs are permitted in this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. That the approval of this Exception Permit to allow the animated sign, is necessary to protect a substantial property right since the electronic changeable copy sign is a different implementation of other marquee and changeable copy signs which are permitted by the Sign Code. 4. That the proposed animated sign will not adversely impact traffic circulation in adjacent rights -of -way or create a hazard to vehicular or pedestrian traffic because: • the new sign will be placed in the same location as the existing sign which has not created a problem or known adverse traffic impact, and • the new sign complies with State regulations for State highway locations. 5. That the proposed animated sign will not have an adverse visual impact on adjoining commercial and/or residential neighborhoods because: • the hours of operation for the sign are during the time that businesses in the area are open, • the frequency and duration of the message board will be programmed for a longer message time to reduce the animation effect, and • the proposed sign is smaller and lower than both the existing sign and that which is permitted by the Sign Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan and elevations, except as noted below. Exception Permit No. 51 Page 11 2. That the minimum duration of any message be eight seconds, and the minimum interval between messages shall be one second. Continuous motion of messages (scrolling messages) is not permitted. 3. That the electronic copy change feature (animation) of the sign is limited to between 6:00 AM and 10:00 PM, Sunday through Thursday, and between 6:00 AM and 12:00 midnight, Friday and Saturday. 4. That the sign luminance shall meet the requirements of the Uniform Building Code and Section 20.67.025 of the Municipal Code. 5. That the Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6, That this Exception Permit shall expire unless exercised within 24 months from the date of approval as.specified in Section 20,91.050 of the Newport Beach Municipal Code. Exception Permit No. 51 Page 12 EXHIBIT "B" FINDINGS FOR DENIAL FOR Exception Permit No. 51 FINDINGS: That the approval of this exception permit is not necessary to protect a substantial property right because: Adequate signage can be provided within the permitted 25 foot pole height and 200 sq. ft. per face permitted in the Sign Code. This property occupies a highly visible location on East Coast Highway which has frontage on both the Highway and Marguerite- Avenue and animation is not necessary to provide adequate signage. 2. That the proposed animation is not compatible with the business area in Corona del Mar since the area currently has no operating animated signs. 3. That the proposed animation is not compatible with the residential uses in close proximity to the proposed sign due to the potentialto produce the effect of a flashing sign after dark. 4. That the proposed sign is not consistent with the stated purpose of the Sign Code since the sign may provide the ability to advertise direct products, services and listings which is beyond the purpose of the identification and advertisement of the on -site business. 5. The approval of Exception Permit No. 51 will, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood because: The proposed animation could distract the attention of motorists which could create traffic hazards. The sign could create the effect of a flashing sign at night which could disturb nearby neighbors. The approval could create the standard and precedent for the approval of additional animated changeable copy signs. Exception Permit No. 51 Page 13 10/28/1y07 19:00 3104351867 LJ SUPERIOR ELEG ADVERT PAGE 02 Attachment for Exception Permit Application City of Newport Beach For: Franklin Realty No: Why will proposal not be contrary to the purpose of the Sign Ordinance? The sign ordinance allows for 200 square feet of sign area at 25' high (15' high by 13' wide), which would allow 15 lines of 8" changeable copy in addition to a 3'-0" high identification module. This application utilizes computerized technology to reduce from a 12' high reader panel to a 3'-10" high reader panel through the use of electronic copy change. This technology has been approved in prior cases by modification in Newport. Exceptional or extraordinary circumstances involved? This technology utilizes fixed fluorescent lamps behind a face with flip disks to create the letter form, which in actuality, allows light to pass through less than one third the surface as compared to a standard plastic face at 100% lighting. Why is an exception permit necessary to protect a substantial property right? Although 70% of the message content of this sign will be non- commercial public service and community advisory messages and controlled by the Corona Del Mar Chamber of Commerce, 30% will be used by the applicant to promote real estate activities and do so without the necessity of erecting a 15' high by 13' wide double face pole sign 25' high with manual letter changing. Why will proposal not be detrimental to the neighborhood? Since the high intensity at night would be less than one third that of a standard sign of the same size, there is less impact on the neighborhood. This sign will reduce the existing sign area by 30% and is 135 square feet less than allowed by code. -Although the City considers this an animated sign type, the.motion created by the message change Is minimal and has been approved in Newport at the Westcliff Plaza. This sign is on the Coast Highway and is consistent with commercial signing in a commercial area. 14 ri.. e_e-e_rmrvw; •—•.—..—� 1� ,2KtNla • Y.w� ♦ Yw.wwwr��..n...ww.�wr •MyOwYYMw.. C.e� LLLMR DEW I'KC aJS�-1 �BQJC<t;EDµUNIAQb'� . iWtotETR�.wNtreurdJ Wkiu,'A'roJ.. p1ds2'IGEtUEB _ �f�(s=KoP �"A�CFli [B�Wk R4- - NAJS,, tCcoeof 1l6VN.t.NbA�� b�WD pw20 "cc�+..u•- . owaeot.�aos �w.�aeaaY�wtr-{tP F'Ftn CGtt l � rO' r S'z"- p, �G p{tyf�Yq _.t �D6M.�6[i� � Ib•Y - yy.if iNE c/ �fJ4iL'� �Jtrtl i El.EyaT�ON 0 0 V-4' _ 7'•1' ".10' _ . 6'•0' . 1-1 PPORTS (FORPEXTERIIOR APPLICATION). SCRIPT NEON TUBE. FORMED AND PAINTED ALUMINUM PANEL WITH 21 HIGH POLISHED BRASS ND(IVIDUALLY LIT CHANNEL STYLE FOR EXOTAAPP.) "LETTER SINGLENEON TUBE IN 3" WIDE (FOR S EDT. BRAAPPSSCCCHANNEL BACKLLR HI IH. NTENSITY SPACER SMOOTH FIICEMENT PLASTER, 2 - NEON TUBES BRASSOCHANNEL IN EXT APP )t -EXT. GEM. PLASTER, SMOOTH FIN, INDIVIDUALLY( 'IT CHANNE LI (C'BRO APP jY- LETTER STYLE EXTpROGRESSIIVE YLSEOUENCINC MODE TO SIMULATE CLASSIC PILASTER QUOINS (BOTTOM 1 12' HIGH ACCENT POLISHED F MARQUEE LETTERS ON WHIT' ACRYLIC PANELS (-BROADWAI LETTER STYLE. CHANGEABLE 38'R. SHALLOW CURVE PILAS WITH 2'X4" SETBACK, EACH E 'ADOOUW" STONE CAP MOULT COLOR AND FINISH TO MATCt NEWPORT CENTER STANDARI FLAME FINISH GRANITE OR P7 rW�o�IG7 /7 RECEIVED'BO PLANNING DEPARTMENT CITY OF NEWPORT'BEACH SEp 19 1997 �'�► 7 1919191U 19111213141516 Corona del Mar CHAMBER of COMMERCE Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 SUBJECT: 1 1 A unique blend of people and place September 15, 1997 The Chamber of Commerce of Corona del Mar, at its, monthly Board of Directors meeting, heard a proposal Of Superior Electrical Advertising and Franklin Realty for a new sign to be installed in front of Franklin Realty. This sign with space for electronic messages on a double faced illuminated pole was reviewed. Mr. J. Stern, the agent for the sign company, presented several views along with infor- mation that would allow messages to be displayed for short periods of time. A display would be limited to less than three minutes long. Mr. Stern indicated the sign does fit all Cal - trans requirements. r Mr. Robin Hobson of Franklin Realty indicated that the sign would announce information important to local events as well as a small percentage of time presenting real estate inform- ation. The sign would announce Civic information for approx- imately 70% of time and the remaining 30% would be real estate related. All announcements would be subject to Chamber review before activation. It is the consensus of the Board that the proposed sign would serve several purposes benefiting our business district and merchants as well as other community business areas and City events. It is felt that the new sign would replace an outdated sign presently in place and help eliminate unwanted and/or illegal banners now being placed from time to time in the me- dian of PCH and Marguerite. Organizations from various areas of the City place banners to announce events to passing motor- ists. It is believed that with the new sign any and all lia- bility for these illegal banners would be eliminated and would benefit all organizations and especially our businesses and merchants as well as organizations,throughout Newport Beach. n 2843 East Coast Highway . Post Office Box 72 . Corona del Mar, California 92625 . 71'4/673-40501 ) 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT DATE: October 30, 1997 TO: Jeffrey Stern FROM: Patricia Temple DEPT: Planning Department FAX COVER SHEET FAX: (562) 435-1867 PHONE: 644-3200 FAX: 644-3250 RE: Franklin Realty Sign - Exception Permit No. 51 (14 pages, including cover) Attached please find for your review the Staff Report for Exception Permit No. 51. Please call me if you have any questions or comments. If you wish to see any of the attachments not included here, please call my secretary at the above phone number for assistance. 0 0 City of Newport Beach Planning Commission Minutes October 9, 1997 Uniform closing hours for establishments in Cannery Village was discus'sed by Commission. Commissioner Kranzley stated that he has been involved with several meetings�with citizens and business people. He stated that there is a compliance. and enforcement issue in the Cannery Village. People are not allowedi�'.to vandalize and relieve themselves. There should be bicycle police` Oere to patrol the areas during the week as well as on weekends. The t(1 ee main issues of the Cannery are noise. Commission is not granting dny increase in noise to the Cannery. A live entertainment permit does not say to ignore the noise ordinance and play that music loude,then recorded music. Crowding - there is no increase in the maximum occupancy of the restaurant. No relationship between dancing and cri . e/drunkenness. Commission is limiting the number of hours of operation and use of live or recorded music and now have a quicker trigger ifiMr. Hamilton does not comply with the noise ordinance and dancing issues. A relationship has to develop between the residences and thebusiness and part of that is making sure that if people who visit residences and business come out and make loud noises act against the law, here will be consequences. He does not support a continuance. Commissioner Adams stated that having live bands and dancing changes the nature of the establishment as wejl as the area outside the establishment. `t Chairperson Kranzley stated that there needs to beNa discussion on live entertainment with amplification and the limit of threes erformers. Motion by Commissioner fuller was restated to continue = e Permit No. 1521 to November 61h and extend Use Permit No. 1684 to November 6th to allow time for the applicant to address the concerns addressed this evening. With one objection (Commissioner Kranzley), motion carried. SUBJECT: Franklin Realty Animated Copy Sign (Jeffrey Stern, applicant) 3250 East Coast Highway • Exception Permit.No. 51 Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign with mechanically changeable copy (animated INDEX Item No. 2 Exception Permit No. 51 Continued to 10/23/97 1, City of Newport Beach Planning Commission Minutes October 9, 1997 INDEX Son show that they can do their current business properly. This is a fine r to urant and he respects the applicant, but until it is shown that the op ration can be run the way it should be, Commission should not give the ' a chance to try something different. He concluded stating he, favors incorporating a live entertainment component into UP 1521 that would' similar in nature to the intent of UP 1684, where it is limited to 2 or 3 en�irtainers, no amplified music. Also, impose some hour restrictions nd a working program to allow additional protection to the neighborho After these are in place, then give the applicant the opportunity t change characteristics. Commission needs to try to improve condi ions then maybe in the future, take up a change in the operational cha�ctcteristics. This is a mixed use area and the apartment building was there first. Commissioner GiffordAasked staff about the noise ordinance. If the noise can be internal) � contained and a noise problem is generated from the outside area \ ow were the measurements made, types or location of noise, definitio of night club and how is it applied in the Zoning Code. Further, tho ht needs to be given to this application With ways to resolve the nose problems (source, responsibility and mitigation measures). It is evide t from the testimony tonight that there is plenty of annoyance with nk se. She supports a continuance to enable standards to be draftedlo identify problems, mitigation and responsibility. Commissioner Selich commented that 's'taff seems to be recommending a higher degree of supervision over this facility. The dancing and live, entertainment permits are issued outside the Use Permit. If these permits are allowed and the noise and activity are not controlled, the City Manager can yank these permits immediately. He concluded supporting approval of the project with the re'bommendations by staff and allowing permits to be issued. 14 Commissioner Ridgeway stated that Mr. Hamilton `has a business that must not be denigrated. Commission has to strike\a balance, The evidence from the neighborhood is persuasive. Thereos a social issue. At this point in time this is the wrong place for dancing, It would be turning an eatery into a night club. He supports a continuance to hear about mitigation of off -site problems, noise attenuated in the interior of the restaurant and effectiveness of the security guards. Commissioner Ashley expressed his support of continuing this itefn. He stated that no one wants the Cannery to go out of business.,,,The applicant needs to come back and explain why the amplified,, !''ve entertainment would not cause problems to neighbors. There is lobd noise happening now that is in violation of the community control noisy, ordinance that has not been stopped. 0 City of Newport Beach Planning Commission Minutes October 9, 1997 INDEX sign). Motion was made by Commissioner Ridgeway to continue this item to October 23rd. Without objection, the motion carried by acclamation. Revised Regulations to allow convenience markets in conjunction with service stations (Continued Public Hearing) An ami Qdment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Municipal -Code to update regulations for service stations and to allow the co -development of convenience markets and eating and drinking Motion was made by Commissioner Selich to table this item and refer it to Committee to address complex concerns raised in the staff report. Without objection, the motion carried by acclamation. It$+. .. + �s SUBJECT: Harbor View North • GeneraVlan Amendment No. 97-2 • Amendment No. 865 I Agreement No. 11 Amendments to the General Plan, a pre -zone amendment, a Planned Community District development plan, an'd.a development agreement for the Harbor View North area (formerly Bonita Village) to establish pre - annexation entitlements in association with th'�' proposed detachment of this area from the City of Irvine and annexation to the City of Newport Beach. Motion was made by Commissioner Ridgeway to continue this item to October 23rd. `< . a� Without objection, the motion carried by acclamation. Item No. 3 A No. 863 Item tabled and referred to Committee Item,No. 4, GPA No. 97-2 Amendment No. 865 DANo. 11 Continued to 10/23/97 City of Newport Beach Planning Commission Minutes October 9, 1997 ECT: TLA Restaurant (Jonathan Rodriquez-Atkatz, applicant) 3100 West Coast Highway Use Permit No. 3612 and • Traffic Study No.112 The project�nvolves a use permit, a traffic study and a negative declaration, t8 allow the construction of a 1,500 square foot, two-story drive -through re taurant facility with a 300 sq. ft. storage building and related off-street Parking. The applications include the following requests: • aive a portion of the required off-street parking. • al w an elevator shaft parapet wall and mechanical equipment screerrto exceed the maximum area,of 25 squar feet permitted by the Municipal Code. • a moNfication to the Zoning Code to allow an architec ral feature (steel frame facade element, 32 feet high a its peak) to exceed the permitted 31 foot maximum peak height limitation. • waiverofdevelopmentstandards specified bySection 20.82.040 of the Vewport Beach Municipal Code. Staff presented the report stating th this project involves demolition of certain buildings on Coast Highway'Which are currently vacant and formerly occupied by an automobile sales facility. The proposed project would occupy 50% of the site. This proposed project is unique in that it has no walk-up or on -site dining, no alcoholic beverage sales and high turn -over drive -through service only, resulting in no patron parking demand. The stacking lanes will be the patron parking, with consideration given to the capacity and ability to,sustain demand for the facility. Parking will be provided for the employees. A key issue is the access and on -site circulation. Concern has been,raised regarding a sole access driveway for patron usage for both ingress and egress. Due to anticipated conflicts of a dual left turn lane serving the site, access into the property from a left turn on east bound Coast Highway could be accommodated, but if so, an exiting movement left turn to east bound Coast Highwaywould be conflicting and create a safety hazard. Public Works has therefore strongly recommended that left turn movement be precluded. This proposed project will conduct order processing through menus distributed by on -site employeeswith no speaker boxes. To ensure new development be designed to maintain the Mariners' Mile Advisory Committee recommendations, a condition has been included to have this project reviewed by a design consulting team retained by the City.for the Mariners Mile area. IF r. F INDEX Item No. 5 Use Permit No. 3612 A TS No.112 Denied CITY OF NE06RT BEACH Heari ate: October 9, 1997 agWPOR> O� A COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 2 �I2�n PLANNING DEPARTMENT Staff Person: Patricia Temple 4ipP Moo NEWPORT BOULEVARD 644-3200 NEWPORT BEACH. CA 92658 (T4) 644-3WO; FAX (714) 644-VSO REPORT TO THE PLANNING COMMISSION SUBJECT: Jeffrey Stern, applicant 3250 East Coast Highway SUMMARY: Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign with mechanically changeable copy (animated sign). APPLICATION: Exception Permit No. SI REOUESTFOR CONTINUANCE Staff has requested that this application be continued to the meeting of October 23, 1997, in order to obtain additional information from the applicant. Submittedby: PATRICIAL. TEMPLE Planning Director City of Newport Beach Planning Commission Minutes September 18, 1997 food establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right-of-way, unless otherwise N,approved by the Public Works Department in conjunction with the, issuance of an encroachment permit or encroachment agreement. That shouldihls business be sold or otherwise come under different ownership, any'future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the°lepsing company. 10. That the Planning Commiss0h,may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use,Q!rmit, causes injury, or is detrimental to the health, safety, peac8,,.morals, comfort, or general welfare of the community. `, a r1 11. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91' 050 of the Newport Beach Municipal Code. SUBJECT: Franklin Realty Animated Copy Sign (Jeffrey Stern, applicant) 3250 East Coast Highway • Exception Permit No. 51 Request for an exception to the Sign Ordinance to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign with mechanically changeable copy. Applicant has asked to continue this item to the next meeting on October91h,1997. Without objection, the motion carried by acclamation with Commissioners Adams and Gifford absent. SUBJECT: Administrative Citations Program Discussion of the proposed ordinance to establish an Administrative Citations Program in Title I of the Newport Beach Municipal Code. Mrs. Sharon Wood stated that this item is not for Commission to formally review or make a recommendation on to City Council. But it is of interest 17 INDEX Item No. 6 Exception Permit No. 51 Continued to 10/9197 Discussion Item City of Newport Beach Planning Commission Minutes September 18, 1997 to the Commission since it would be applicable to all violations of the Code including violations of conditions of approval that are placed on cases by Commission. The City has experienced difficulty with citations that the court tends to consider minor, which is not then likely to impose a fine or a significant sanction, so the property owners do not take the citations seriously. This proposed program will give the City an opportunity to have a fine schedule to impose when an administrative citation is issued. There is no intent to alter the current practice of notification to the property owner, but, the administrative citation can then be imposed if those initial attempts fail. Commissioner Fuller discussed the posting of the penalty feels) prior to appeal. He suggested that this appears to be unfair. Assistant City Attorney Clauson stated that it is a problem for the City to go through the process, hiring a hearing officer and if upheld, the citizen .may still not pay the .fine. This is why it is proposed in this manner, the citizen pays the fines up front, A reimbursement time period can be included if the Commission desires since there is one for when the case must be heard. This item is going to the Legislative Committee on September261h before it goes to City Council. Commissioner Selich stated he has no concerns with the posting of the penalty fees. This Ordinance will give some teeth to enforce regulations of the City. Commissioners Ashley and Ridgeway agreed and noted that this is long overdue. Discussion continued on the fines and collection thereof and concluded with generai.support of the proposal. ADDITIONAL BUSINESS: a. City Council Follow-up - Oral report by the Assistant City Manager regarding City,Countil actions related to planning - Mrs. Wood reported that `the., City Council initiated the General Plan Amendment for BonifbA(llage. b.) Oral report by the Planning Director regarding the approval of Accessory Outdoor Dining Permits, Pla - ing Director's Use Permits, Modification Permits and Temporary�s Permits - Accessory Outdoor Dining Permit was issued for 2108',-"st Ocean Front; Modification Permits -were issued for 238 Via G[�iziana; 1525 Serenade Terrace, 2300 Jamboree Road, 3215 OceairB ulevard, 3000 Ocean' Boulevard, 75 Montecito Drive, 291:6 Clay Street; Condominium Conversions were approved for 508 and 508 '/2 18 Additional Business INDEX CITY OF NE*RT BEACH Hearil ate: September 88, 1997 �EWPOR� o • : � COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 6 I,= PLANNING DEPARTMENT Staff Person: Eugenia Garcia 3300NEWPORTBOULEVARD 644-3208 NEWPORT BEACH, CA 92658 Appeal Period: 14 days (714) 644-3200; FAX (74) 644-5250 REPORT TO THE PLANNING COMMISSION PROJECT: Franklin Realty Sign Jeffrey Stern, applicant 3250 East Coast Highway PURPOSE OF APPLICATION: Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign with mechanically changeable copy (animated sign). ACTION: Approve, modify or deny: • ExceptionPerrnitNo.51 LEGAL DESCRIPTION: Lot 6, Block R, Tract 323 ZONE: RSC, Retail and Service Commercial OWNER: Michael Franklin, Corona del Mar Points and Authority Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 11 (Accessory Structures). • Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Retail and Service Commercial' uses. The subject sign is a permitted use within this designation because it is ancillary to retail and service uses. • Exception Permit procedures are set forth in Chapter 20.67 of the Municipal Code. 0 VICINITY MAP /S \ WA S!'6 HAO ,W, /O Exception Permit No. 51= t SubiectProvertyand SurroundineLandUses z. Current Development: Multi -tenant commercial building To the north: Are residential duplexes and single family dwellings To the east: Across Marguerite Ave, are residential uses and retail/service commercial uses To the south: Across East Coast Highway is the Bandara Restaurant and retail/serviceuses To the west: Are retail/service commercial uses Exception PermitNo. 51 Page 2 Background At its meeting of August 21, 1997, a request was made of the Planning Commission to determine whether certain types of changeable copy signs and electronic readerboards fall under the definition of "animated signs." The type of sign in question, an illuminated, "flip -disk," electronically controlled changeable copy sign was determined to be an animated sign and is therefore, prohibited by the Sign Code. Chapter 20.67.045 allows for deviations from the requirements of the Sign Code, provided that an ExceptionPermit is approved by the Planning Commission. Analysis The application is a request to approve an animated sign to replace an existing pole sign on a commercial property. The proposed sign is comprised of 28 sq.ft. of fixed copy and 36 sq.ft. of changeable copy area which uses illuminated "flip -disk' technology. The following table indicates the proposed changes: EXISTING POLE SIGN PROPOSED POLE SIGN Sign Dimensions : 6' 10" x 6' 9" = 59.4 or 60 sq. ft. 6' 10" x 9'4" = 63.7 or 64 sq. ft. Sign Height: 21'2" to the top of sign 18' 10" to the top of sign Dimensions The project involves the removal of the existing sign cabinet and the construction of a new cabinet that is lower and which will eliminate the architectural elements of the existing sign. This will aid in an overall visual reduction in mass or size of the sign. The above table indicates that the proposed sign will be approximately 4 sq. ft. larger than the existing pole sign, but when taking into account the architectural elements of the existing sign cabinet, the new sign will be approximately 20% smaller than the overall size of the existing sign. Height of Sign The proposed sign will be approximately 2 ft. 4 in. lower than the existing pole sign and will be located lower on the pole. This will also help to reduce the visual mass of the sign. 2 Sign dimensions are calculated by measuring the sign copy area and do not include the architectural projections of the existing sign Exception Permit No. 51 Page 3 Illumination The electronic sign will be internally illuminated behind a message board that utilizes computer controlled "flip -disks" The back -lighting will be continually burning fluorescent lamps and no light intensity changes are proposed. Staff has included a condition that the lighting shall meet the requirements of the Uniform Building Code and Section 20.67.025 of the Municipal Code for sign luminescence. Duration and Frequency The sign being considered utilizes computer controlled, "flip -disk" technology which will allow that portion of the sign to function as a message center with changing text at regular intervals. The messages on this portion of the sign are proposed to change every four seconds with a one second interval between each message. If graphics are used, the time would be increased to 6 seconds for -the message and one second for the change because the board requires more time to show an entire graphic. Staff is concerned that rapid change in copy will be visually distracting to passing motorists and create an adverse impact on traffic circulation. Staff is of the opinion that should this request be approved, a longer message time should be imposed in order to allow passers-by more time to read the messages and because a longer duration will reduce the animation characteristics of the sign. Additionally, the sign should be implemented in such a manner as to insure that it is not so visually distracting as to create a traffic hazard. Therefore, a condition has been proposed to limit copy changes to a maximum of one message each 10 seconds with a minimum interval between messages of 1 second. Hours of Operation Although the internal illumination of the sign is constant, staff believes that the use of the changeable copy features of the sign at night could produce an effect similar to a flashing sign. Given the close proximity of the sign location to residential areas, this could adversely affect nearby residents. Therefore, staff is of the opinion that the changeable copy aspect of the sign should also be subject to limited hours of operation. Staff has included a condition limiting the use of changeable copy to between the hours of 5:00 a.m. and midnight, daily. Community Compatibility and Aesthetics The preceding analysis has focused on technical issues associated with the implementation of the proposed animated changeable copy sign. An additional issue appropriate for consideration is the overall aesthetics of this type of sign. This sign technology is most commonly used by CalTrans and other agencies which manage traffic control, for the purpose of notifying the motoring public of temporary road conditions or lane closures. When used as such, it is primarily an "industrial" application, and is not implemented as a permanent installation. 3 These are the current limitations contained in State law. Exception Permit No. S 1 Page 4 Staff has a concern that the "message center" aspect of this animated sign will not be compatible with the business district and the neighboring residential uses, since it will have the ability to change text in a manner to create special effects and the impression of flashing which is not the typical case for business identification signs in the area. It should also be noted that approval of this sign type could lead to additional requests for animated changeable copy signs. A precedent for approval could be established if applicants are willing to agree to similar use limitations (as proposed in the draft conditions of approval) and the business location has similar characteristics (such as a location on an arterial highway). It is the opinion of staff that a large number of similar signs along Coast Highway could adversely affect the overall aesthetics of those business districts and the City generally. Applicant's Statement of Support In accordance with Section 20.67.045B of the Newport Beach Municipal Code, in order to grant an exception permit, the Planning Commission must find that the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of Chapter 20.67, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. In response to the above requirements, the applicant has submitted the following statements in support of the application: Why will the proposal not be contrary to the purpose of the sin ordinance? "The only conflict with the code is the changeable marquee which has been routinely approved in the city for years." 2. What exceptional or extraordinary circumstances are involved? "The (City's) ordinance inadvertently omitted allowance for change -copy marquee signs." 3. Why is an exception permit necessary to protect a substantial property right? "Change copy marquee signs have been approved city wide." 4. Why will the proposal not be detrimental to the neighborhood? "New sign is smaller, modern and will be dimmer than normal plastic signs. Overall height will decrease 2 ft. to 4 ft.,, Required Findinas Section 20.67.045 B of the Zoning Code sets forth the findings which must be made in order for the Planning Commission to grant an exception permit, as follows: Exception Permit No. 51 Page 5 "... the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this chapter..., and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or to the general welfare of the City. " The Sign Code chapter states the purpose : "to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and advertisement of business by regulating and controlling the design, location and maintenance of all signs and sign structures in the City. " Facts which do not support the granting of an exception to the SignCode: • The Sign Code allows properties to erect pole signs. This type of sign may be as high as 25 feet with 200 square feet of sign area, which is adequate for most businesses. • The property in question has a highly visible location on East Coast Highway at the intersection of Marguerite Avenue. The site benefits visibly from dual frontage, a wider section of Coast Highway, and the presence of a traffic signal. These features combine to create a location whose existing signage is among the most visible in the area since there are few visual obstructions and regular halting of passing traffic at the signalized intersection. • The proposed animated sign may create a visual distraction to passing motorists which could create a traffic hazard. • The proposed sign may create an effect similar to a flashing sign at night. • The proposed sign presents the opportunity to provide more than the identification and advertisement of the business by allowing for the advertisement of individual products, services or listings, which is inconsistent with the stated purpose of the Sign Code. Facts which support the granting of an exception to the provisions of the Sign Code: • Other non -animated forms of changeable copy signs are permitted in the area. • A suggested condition of approval will limit the message cycle, minimizing animated effect and potential traffic hazards. • A suggested condition of approval will require no animated use of the sign between the hours of midnight and 5:00 a.m., reducing or eliminating potential adverse effects in nearby residential areas. Additional Considerations As briefly discussed previously, the sign in question (in addition to being considered an animated sign) is also of a nature which significantly increases the message potential as compared to a conventional sign of a similar size. This is due to the fact that, in addition to advertising the location and type of business on -site, the rapid changeable copy feature will allow the Exception Permit No. 51 Page 6 advertisement of specific products (realty listing, in this case) which far exceeds the potential of other signs in the area. This includes more conventional changeable copy signs, which are seldom changed more than once daily. Since one of the key findings the Commission must make is whether the approval is necessary to preserve a substantial property right, a related consideration is whether the granting of the exception would constitute the granting of a special privilege which other property owners do not enjoy absent the granting of a similar exception. In order to assure that no special privilege is granted, the Commission may wish to consider a limitation to allow the message center to function in a manner similar to other permitted changeable copy signs. In this case, consideration could be given to allowing the changeable sign copy to only once per day. A condition of this nature could, if imposed by the Planning Commission, assure that a special privilege is not being granted, and also address the overall aesthetics of the business' sign program. Should the commission determine that the approval could constitute the granting of a special privilege, but still desire to approve the request, staff suggests the Commission include the following additional finding and change to condition number 2: Finding: That the potential for this approval to constitute the granting of a special privilege has been offset by a limitation of use of the sign to function in a manner similar to other permitted changeable copy signs. Condition 2: That the message center copy may be changed only once per day. Continuous motion of messages (scrolling messages) is not permitted. Should the Commission determine that the approval could constitute the granting of a special privilege, and desire to deny the request, staff suggests the Commission include the following additional finding: Finding: That the approval of the proposed animated changeable copy would constitute the granting of a special privilege not enjoyed by other businesses in the area due to the greatly enhanced ability to advertise individual products or listings not generally available in conventional signs. Action Should the Planning Commission wish to approve Exception Permit No. 51, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Commission desire to deny this request, the findings set forth in the attached Exhibit "B" are suggested. Exception Permit No. 51 Page 7 Submitted by: Prepared by: PATRICIA L. TEMPLE EUGENIA GARCIA Planning Director Associate Planner Attachments: Exhibit"A" Exhibit `B" Letter from the Applicant Elevation, Site Plan and Color Indications of Proposed Sign F:\USERS\PLN\SHAREDU PLANCOM\1997\091 S\EPS I.DOC Exception PainitNo. 51 Page 8 =• EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Exception Permit No. 51 Findings: 1. That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. Retail and Office uses with associated signs are permitted in this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. That the approval of this Exception Permit to allow the animated sign, is necessary to protect a substantial property right since the electronic changeable copy sign is a different implementation of other marquee and changeable copy signs which are permitted by the Sign Code 4. That the proposed animated sign will not adversely impact traffic circulation in adjacent rights -of -way or create a hazard to vehicular or pedestrian traffic because: • the new sign will be placed in the same location as the existing sign which has not created a problem or known adverse traffic impact. 5. That the proposed animated sign will not have an adverse visual impact on adjoining commercial and/or residential neighborhoods because: • the hours of operation for the sign are during the time that businesses in the area are open, • the frequency and duration of the message board will be programmed for a longer message time to reduce the animation effect, and • The proposed sign is smaller and lower than both the existing sign and that which is permitted by the Sign Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan and elevations, except as noted below. 2. That the minimum duration of any message be ten seconds, and the minimum interval between messages shall be one second. Continuous motion of messages (scrolling messages) is not permitted. Exception Permit No. 51 Page 9 • 0 3. Thatlight intensity changes (other than between day and night uses) are not permitted. 4. That electronic copy change feature (animation) of the sign is limited to between 5:00 a.m. and midnight, daily. 5. That the sign luminance is subject to the requirements of Chapter 20.67.025H(3) and may be reviewed by the Planning Director. 6. That the Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the, community. 7. That this Exception Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. Exception Permit No. 51 Page 10 EXHIBIT `B" FINDINGS FOR DENIAL FOR Exception Permit No. 51 FINDINGS: 1. That the approval of this exception permit is not necessary to protect a substantial property right because: Adequate signage can be provided within the permitted 25 foot pole height and 200 sq. ft. per face permitted in the Sign Code. This property occupies a highly visible location on East Coast Highway which has frontage on both the Highway and Marguerite Ave. and animation is not necessary to provide adequate signage. 2. That the proposed animation is not compatible with the business area in Corona del Mar since the area currently has no animated signs. That the proposed sign is not consistent with the stated purpose of the Sign Code since the sign may provide the ability to advertise direct products, services and listings which is beyond the purpose of the identification and advertisement of the on -site business. 4. The approval of Exception Permit No. 51 will, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood because: The proposed animation would act to distract the attention of motorists which could create traffic hazards. The sign could create the effect of a flashing sign at night which could disturb nearby neighbors. The approval could create the standard and precedent for the approval of additional animated changeable copy signs. Exception Permit No. 51 Page 11 SUPERIOR ELEC ADVERT PAGE 01 09/18/1997 11:51 3104351667 • SIGNAGE CORPORATE Via Fax: 714/644-3250 IDENTITY September 18, 1997 Jay Garcia Newport Beach Planning Department Ref: Franklin Realty Exception permit #51 Please accept this request to continue this item from the planning commission agenda for one meeting. The principals of this project just received the staff report today and there are some issues they wish to discuss with staff prior to the hearing. Please call me at your earliest convenience. Si car ly, JIB r rey M. Stern For Franklin Realty PROGRAMMED MAINTENANCE 562.495.3808 800.995,9099 562.435.1867.FAX ' 1760 West Anaheim Street Long Reach CA 90813-1195 superiorsigns.com FRIP;1 CDM CHAMBER 9.17.1997 11:36 RECetvau BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AN 'SEP 17 1997 7�8�9�1��i1211t2��i4t5i 6 Corona del Mar CHAMBER of COMMERCE Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 02663 SUBJECT: P. 1 A unique blend of people and place September 151 1997 The Chamber of Commerce of Corona del Mar, at its' monthly Board of Directors meeting, heard a proposal of Superior Electrical Advertising and Franklin Realty for a now, sign to be installed in front of Franklin Realty* This sign n a illuminated ipole pwas reviewed oMr. J. Stern, ace for elernic messages othe agent for faced for the sign company, presented several views along with infor- mation that would allow messages to be displayed for short periods of time. Adisplay thr minutes long. Mr.Sterninblimited to less n dicatedthesigndoesfit allCal-Be trans requirements. r Mr. Robin Hobson of Franklin Realty indicated that the sign would announce information important to local events as werl- as a small percentage of time presenting real estate inforipr ation. The sign would announce Civic information for app Ox- imately 70% of time and the remaining 30% would be real estate related. All announcements would be subject to Chamber retriew before activation. It is the consensus of the Board that the proposed sign would serve several purposes benefiting our business district and merchants as well as other Community business areas and City events. It is felt that the new sign would replace an outdated sign presently in place and help eliminate e unwantto ed inntherme- illegal banners now being placedm dian of pCH and Marguerite. Organizations from various areas of the City place banners to announce events to pa motor- ists.ssing it is believed that with the new sign any and all lia- bility for these illegal banners would be eliminated and would benefit all organizations and especially our businesses and merchants as well as organizations throughout Newport Beach. 2843 East Coast Highway . Post Office Box 72 . Corona del Mar, California 92625 714/673.4050 —.- ate. In : iaml T�:• Y Y FRRM CDM CHAMBER 9.17.1997 11:37 • P. 2 The Board of Directors of our Chamber hereby request approval of this Sign. It ie undcratood that Franklin Realty ha@ paid $1,30naffees for ipermits and followed requirements of variousthe Thank you for your consideration to this matter or importance nd oto utothebCityess thatiwouldtbenefitants fromathisrganizations ithrough- mprovement, act File Franklin Realty All Council Membere All Planning Commissioners RSR/eb Authorized to Publish Advertisements of all kina!'rncluding public notices by Decree of the Superior Court of Orange County, California. Number A-6214, September 29, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of -eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City, of Costa Mesa, County of, Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: September 8, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ September 8 , 199 7 at Costa Mesa, California. - AIC1f- . Signature PUBLIC NOTICE CITY OF NEWPORT BEACH September 18, 1997 City Council Chambers of the City of Newport Beach ,.SUBJECT. La Or Homes (Mark ComIch, plicanU, 2815 Newl Blvd. SUMMARY: Request allow the construction establishment of a servico laundry facility Ruff and fold service related off-street parl provided on -site. APPLICATION: Use Pe SUMMARY: Request to allow a change In the op• erational characteristics of an existing restaurant facll•' try to change the hours op operation to between 7.00; a.m. and 2:11 a.m., Ballyy; where the current oontli• bons of approval Ilmit the use to between 5:00 p.m. and 2:00 a.m., weekdayys and 12:00 noon and 2:00 that it Is pro en nes oeen rewaweo, ment,to Chapter 20.60 an It has been determinetl that it Is categorically ex- Regulations) of Tille : the Municipal Code tc empt untler the require•, new Section 20.6C ments of the California En. which will prohibit vironmental Quality Act. nesses located In m 2.SUBJECT: The Cannerryy use zoning districts Restaurant (William Hamill being opon for bus; ton, applicant), 3010 Lafay between hours of 2:00 Otte Avenue and 5:00. SUMMARY: Request to - APPLICATION: Am allow a change in the op- , ment No. 862 erational characteristics of CEOA COMPLIANCE: an existing restaurant facil- prohas been revie ity to permit the addition of ant it has been detern a dance floor on the sec- that Itils categoricaly end floor: Also included in the Op" empt , under the rec ments of the California Olicatlon Is a reauest 10 vvnemenml Muhl. e,.r Lions of approval of the use an exception to permit. Ordinance to allot APPLICATION: Use Permit placement of an No. 1684 (Amended) conforming pole CEOA COMPLIANCE: a polo sign which This project has been re• a marquee type viewed, and it has been mechanically chi ' determined IhaI It is cal• copy. egorically oxempl under APPLICATION: 1 the requirements of thei ,Perm"o, 61_ Cal in Envlronmental� a,.; =CEOA COMPLIAh Quality ACI. project has been i 3.SUBJECT: Malarkey's- anc it has been de Irish Pub (Wtlllam Hamii• that It Is categorl ton, applicant), 3011 New• empt under the PC rt Blvtl. ments of the Cafik vironmental OuatiI Published N Beach -Costa Met • Pilot September 8, City of Newport Beach Planning Commission Minutes August 21, 1997 INDEX behalf of Rite- Aid, -look forward to beginning construction and agrees to processing the lot line adjustment ssues - — I_.�_ SUBJECT: Animated Signs/Electronic Readerboard Signs A request for the Planning Commission to determine whether certain types of changeable copy signs, electronic readerboards, are animated signs. (Discussion) CommissionerAshley asked if staff had an opportunityto review the type of sign and the ordinances that would control interval by which the copy could be changed and whether information had been gathered from other municipalities regarding this issue. Ms. Temple answered that the applicant may have additional information as this particular technology is most predominately used by road agencies such as CaiTrans for emergency readerboard signs. This is a relatively new technology that has not been addressed by code as a separate type. Commissioner Ridgeway received clarification on the determination of this item. If interpreted as a flip disk changeable copy sign, then the applicant can seek -approval through an Exception Permit. Staff is seeking a determination as to whether this particular technology would result in a sign that would be considered an animated sign and if so, animated signs are permitted through the approval of an Exception Permit. If it is not considered animated, than it would simply be an permitted sign. Public Hearing was opened. Jeffrey Stern, 2020 Marlin Way, applicant, with a demo in hand, explained that this is a use of an electronic public message service message and that the technology is regulated through the Federal Highway Administration or CalTrans regulations in many other cities. He continued, noting other locations in the nearby vicinity of this exact technology. The City has issued permits for light bulb time and temperature units on Pacific Coast Highway in Corona del Mar. He then proceeded to explain the technological aspects of this issue: • reflected ambient light during the day • reflectorized light from street lights or headlights after dark • internally illuminated • pixels work through software which allows availability to vary look and timing • message on for four seconds • sign is limited to letters and numbers • pixels in one color only and pixels could be formed in to non -animated 91 Item 4 Animated Signs Determined to be animated T City of Newport Beach Planning Commission Minutes August 21, 1997 INDEX EJECT: Windows on the Bay Restaurant (Scott Shuttleworth, I Item 2 applicant) UP No. 3293 2241 West Coast Highway • Use Permit No. 3293 (Amended)(Continued Public Hearing) Request to a end conditions of approval of an existing full service restaurant to Continued to allow a chan @@ in the operational characteristics: to increase the permitted 9/18/97 hours of operafi n of the restaurant, increase the permitted hours of the outdoor dining ordq and change the type of permitted live entertainment. The applicant has r Commission meeting Motion was made by C< the Planning Commission Without objection, the motion and Adams absent that this item be continued to the Planning fiber 181h . Selich to continue Use Permit No. 3293 to otember 18,1997. by acclamation with Commissioners Puller Item 3 SUBJECT: Waiver of Parcel M for Property Located at 3141.3147 Parcel Map East Coast Highway Removed A request to waive the requirement of a parc map for the combining of lots from calendar in conjunction with interior alterations of an exis inn retail commercial building located in the RSC District. (Discussion) Ms. Temple reported subsequent to the publication 6 the staff report, staff re- visited some of the specifics of the request of Rite Aid harmacy for a waiver of a lot combining requirement as set forth in the Zoning Code. Based on that information and that all six lots associated with this roperty do appear to be held by a single ownership, staff does not believe bat there are the necessary findings for the Commission to approve a waiver S.kthe combining requirement. The applicant's main concern was a timely issuance of the building permit. An agreement has been worked out whereby the building permit may be issued to allow the commencement of the renovation while the necessary lot line adjustment to combine the properties lnvoly d occurs. There4s no action necessary by the Commission. Public Hearing was opened. Mr. Scott A. Mommer, Lars Andersen and Associates, Inc. applicant 4630 N Jackman - stipulated his associates agree to the revised staff report and a City of Newport Beach Planning Commission Minutes August 21, 1997 graphics • no scrolling available in this setup • approArnately50%of this copy will be as a public service message center • messages could change every six seconds After a detailed discussion among the Commission, staff and the applicant regarding flashing versus animation, sign size, prohibited signs referred in the Municipal Code, parties -who have a vested interest in this agreement with the Corona del Mar Chambers and Franklin Realty ownership of this sign. Public Hearing was closed. Staff ascertained that there are no restrictions other than in, bus shelters and that no permits are required by CalTrans to regulate signs that are on private property. It was further determined that off site signs are not allowed without the approval of an Exception Permit. Information on flip disk sign technology was received in the Planning Department, which can present motion and special effects. Commission is not dealing with the applicant's product only but with the technology of flip disk which, based on research, are products which can present animation. Motion was made by Commissioner Gifford that the Planning Commission interpretation of a flip disk sign is that it is an animated sign. Without objection, the motion carried by acclamation with Commissioners Fuller and Adams absent. suss T: Mixed -Use Districts; Business Hours City of Newport Beach • Amendment No. 862 An amendment to C' apter 20.60 (Site Regulations) of Title 20 of the Municipal Code to add new Sectiidi 0.60:115 which will prohibit businesses located in mixed -use zoning districts frori eing open for business between hours of 2:00 a.m. and 5:00. Ms. Temple stated that this Amendment ism tomconsider amending the Code to establish limitations to business hours in commerdl; areas where residential uses are allowed. Upon review and research of permitted uses in retail districts, staff believes that there may be some uses where some sped (consideration for 24 hour operation could be made, i.e., all night pharmacies, convenience markets, emergency medical facilities, etc. Staff proposes'toopen public hearing to take testimony on the limitation of business hours from 2�qm. to 5 p.m. and requests Commission to discuss potential concerns with the intdht�hat staff would have additional information to further analyze how best to reguldte, INDEX Item 5 A No. 862 Continued to 9/18/97 • { City of Newport Beach Planning Commission Minutes August 21, 1997INDEX i ompatible 24 hour operations within residentlal/commercial mixed use ar s. The mixed uses are Cannery Village, Old Newport Specific Plan, Central Balb a Specific Plan, McFadden Square and some small commercial districts arc un Balboa Island and Island Avenue which are in the residential overlay district. Public Heonggwas opened. Ken Robertson\20862 Woodlea Lane, Huntington Beach spoke as a franchisee of 7-11 at 1920 iVest Balboa. He spoke in opposition to these hours of closure and how it would�,affect his business, particularly the financial arrangement between him and tAe Southland Corporation. Additionally, customers expect his store to be openeg24 hours. He concluded stated that if there are any problems or nuisances enlaced to his business, he is Willing to work with the City and his immediate neighbors to resolve them. Commissioner Gifford asked. about the terms of his franchise agreement relating to legal requirements�tlat would prohibit him from meeting the 24 hour requirement, and if there is a waiver if it is brought about by a legal requirement. Mr. Robertson answered that in the agreement it states that even if its his choice or a city ordinance, it would ho5q to be changed. It was clarified that a procedure for d��w�aiver to the requirement if the ordinance as written is passed was not included and that any retail business that is not regulated by Use Permit can currently stay open 24 hours a day. Steve Jones, Market Manager of Southland Corpnation which is the franchiser of the 7-11 stores spoke in opposition to this item. He stated that the reputation of 7-11 is that they are open 24 hours and asks jor an exemption if this amendment is passed. The Southland Corporation is the lessee of the property and the business is based on a 24 hour operation. A non-�4 hour 7-11 would be damaging to the trademark as it is synonymous with 24 "Four operation. The company is not aware of any complaints regarding that stdr�e and if there are, Southland Corporation is willing to deal with any issues. Martha Durkee, P. O. Box 3353 owner of a laundromat at 502- 4,West Balboa, spoke in opposition to this amendment stating that her customers, epend on the availability of use at any time during the evening. She continugd stating that there are no residential facilities around her business, 3.. Public Hearing was closed. Motion was made by Commissioner Ridgeway to continue this item to September 18, 1997 to allow staff time to assimilate the public input and Commission direction. 10 �EWPpRT CITY OF NEWPORT BEACH Hearing Date: pub COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: v = PLANNING DEPARTMENT Staff Person: 53o0 NEWPORT BOULEVARD NEWPORT BEACH, CA 92656 (74) 644-3200; FAX (74) 644-3250 REPORT TO THE PLANNING COMMISSION SUBJECT: Animated Signs August 21, 1997 4 Patrick J. Alford 644-3235 SUMMARY: A request for the Planning Commission to determine whether "flip -disk" changeable copy signs are animated signs. ANALYSIS The issue is whether a "flip -disk" sign constitutes an animated sign. This issue arose when a business in Corona del Mar inquired about refurbishing an existing pole sign to include an "electronic message center" (see attached exhibits). The six foot by two foot (64" x T-0") electronic message center would be installed in the sign cabinet of the eighteen foot, ten inch (18'-10") high pole sign. The electronic message center would utilize a matrix of "flip -disks" or "flippers" electronically controlled to change the copy on the sign. The sign would be internally illuminated. Current sign regulations (Chapter 20.67 of the Zoning Code) permit "changeable copy signs," such as those on theater marquees. However, "animated signs" are only permitted with the approval of an exception permit. Animated signs are defined as "any sign that uses movement, lighting, or special materials to depict action or create a special effect or scene." The automated flip -disk can be considered to be using "movement" and "special materials" to "depict action or create a special effect." Flip -disk signs can be set to allow the continual changing of cgpy, thus creating the appearance of motion. Furthermore, flip -disk signs are also capable of a "turbo" or high speed mode of up to fifteen (15) frames per second. This speed is sufficient to present animation and other special effects. The proposed Corona del Mar sign is stated to be a "non -animated changeable computerized message center." However, staff believes that continual or rapid changing of copy could produce the effect of an animated sign. This effect canbe diminished by restrictions on the interval in Animated Signs August 21, 1997 Page I • 11 which the copy is changed. However, in the, absence of an adopted standard, such restrictions can best be established on a case by case basis,through the exception permit process. Staff requests direction from the Planning Commission as to whether this proposed sign falls within the definition of an animated sign, or whether it is a permited changable copy pole -sign. Submitted by: PATRICIA L. TEMPLE Planning Director Attachment: Proposed Franklin Realty sign. FAUSERS\PLN\PALFORD\REPORTS\DISIGNS.PC I Prepared by:, PATRICK J. ALFORD Senior Planner Animated Signs August21,1997 Page 2 Existing Pole Cover —=0 k- i Navvproposed' ' -Sign Cabinet . Existing Sign Cabinet In'Sackground.Sehlnd •Proposed NeW '• Smaller Sign Cabinet, ' ^ , 71. OVERLAY OF PROPOSED SIGN AGAINST OLD SIGN FEATURING NON-UGHTSUL13 SCALE: NTS PUBLIC SERVICE MESSAGE CENTER ALL PRIWSO COLORS ARE REPRESENTATIONS OF THE INDICATED SPECIFICATIONS. MO MAY NOT BEAN • iMpnwpawa+JM P,.maMiu P'°lo`I FRANKLIN REALTY• CORONA DEL MAR Erlor ""-'n•'"��"`"` aMiKb'M VMM w F vmpa� .w Addross 3250 E. COAST HWY.. - CA 92625 advertbinge ." ro,,,•.. w.e, oAm.w. wawa conmm ROBIN & JOEL Phono - W. e,mo ,,,'" ,TMI „ we.-. w+.maaaww rawer swroax. w.«",a,-e Acci. My. J. STERN Dosigner CARLO$L. Awe ,a.nos iAsr,.nw --=""�"•-"-=°�'""-�w.•.." I,,.,,,,,, u.. n, •„wo«."w.. Rmin ec nlnlFn Date 11-7.96 REV.01:en507. 02-C.L. 731-97 • ADD SITE PI Owgn No 96.11-7114 FROM AD/ART S_F AIS ASS S012 P. 2 ETAT! Or C#kLVCft".W WA= 7RAN6IMA"MANO HOUSING AGENCY Ke}�+y,< .6•nsb DEPARTMENT OF TRANSPORTATION RIGHT OFWAY PROGRAM 1120 N STREET, MS37 P. O. BOX 642873 SACRAMENTO. CA 542734001 PHONE (S16)e54.w3 FAX (916) 6U-4M August 18, 1997 To: All Outdoor Advertising Licensees Eieetrnnie Mes�,� Center Dhnlays The Federal Highway Administration recently determined that eie monic message center displays are acceptable for off -premise raise advertising. regardless of the technology used, if the inferpnetation of the State/l=ederal agreement allows such displays. Based on this decision and current law, we art making the following changes in the permitting of message center displays: Memo mtmediately, State permits will no longer be required for on promise message centrr displays. We will, however, continue to enfome the portion of Section 5405(dXi) of the Outdoor Advertising Act which smut in part "no message center display may include any illumination which in motion or appears to be in motion or changes in intensity or exposes its message leas than four second, nor may the interval between messages be less dm one second." On -premise messagc center person hold= will be given the opportunity to couv= to an off -premise permit. Before this can c=r. a new application must be submiavd. The application must meet all current regv'mements for an off -premise display : ; and message cenw and ine hide the appropriate fees. 1. Off-premise wC=gc centers will be allowed if the message curter complies with all provisions of the Act for an off -premise display. is addition, Section 5405(d)(1) will be applied to off-ptt:mise massage centers. This inchrdes illumination, motion, frequency of message, and spacing. The addition of any message crater to a permitted display will zeVima new permit application and fees. Advertising displays "advertising those businesses and activities developed within the boundary Iimirs of, and as a pan of, an individual redevelopment agency project may, with the consent of the redevelopment agency gong the project, be considered to be on the ;1=4 !QQ.rw VT( O rTw ._ _1N,0 Hvu nW rr-en ,r•...e .�/ All Outdoor Advertising Licensees August 18, 1997 page 2 Premises anYwhere within the limits of the pmject when all of the land is contiguous or is separated only by a public highway or public facilities developed or relocated for inclusion within the project as a part of rho original redevelopment plan for a period not 10 exceed 10 Years or the completion of the project, whichever first occurs' Section 5273. Message center displays within a redevelopment project will not require a state permit as long as they advertise those businesses and activities within the boundaries of the project, So that we have a record of message center displays in redevelopment projects, we will require a permit application together with a ttdevelopmeru boundary map for the specific pmjea, a completed "Certification by Display Owner of Message Center Display within Redevelopment Project.' A special permit number wt71 be issued, but application or permit fees WM trot be r repaired. If you have any questions about these changes, please contact this office at (916) 654-4790. ri GAYLA BWM, Chief Outdoor Advertising Branch Right of Way Program 10 0 Fccesefter Communication Systems ' 1020 Cedar Ave. St. Charles, IL 60174-2282 Phone (630) 377-8811 ' www.pace-setter.com hank@Pace-setter.com ' Thank you for your interest in outdoor electronic "moving message" signs. With more than 13 years of experience, we believe that Diamond BriteTM flip -dot electronic message centers are the most effective outdoor message centers; they offer a modern, ' dependable, efficient way to communicate information. Their high -visibility color and motion insures that people will see and read your important messages! Wide-angle viewing allows your messages to be read from nearly any angle In the closed position, the light -control flap (also called a "pixel") is non -reflective matte black. When opened, it reveals a surfaco of 3MT" ScotchliteT' Florescent Diamond Grade reflective material as well as a translucent lens panel; combined, you get: ✓ reflected ambient light during the day ✓ reflectorized light from streetlights or headlights after dark ✓ energy -smart internal illumination Diamond BriteT' displays are highly efficient and may save $300 to $1,000 per month over traditional wedge -base incandescent bulb technology. All signs are housed in specially designed extruded aircraft -grade aluminum cabinets, thermostatically controlled and ventilated to maintain an efficient operating environment in any weather. Pixels have been tested to over 300 million cycles without failure, and have a rated life of over 100,000 hours. A time/temp sensor is included. ProMotion computer software gives you the ability to vary the look, timing and impact of your important messages. Signs can be up to 4000' from the computer. Outdoor displays should only be installed by a professional sign company; call us for details. After you've reviewed the enclosed information, please call us to discuss how we can provide the solutions you seek. We look forward to serving you! Sincerely, P�ACCE/{SET/TER COMMUNICATION SYSTEMS WI 13LANNING DEPARTMEN'i Frank Christensen, Owner 1�, of NElNPORT BEACH Lou Petkus, Sales AUGAM 19 1997 PM 819001121112A41$16 .,Oil(�liU5e4' ��Ka �� ' GZ YiP.+•t� NEW LlGp,,TlNG CKIT or - I - ',III im ' Diamond-Brite n2wctronlc Displays from PACESETTER 3/GN 3a377-8811 Effective dune 1. 1997 1 1" PIXELS SA8X60MC - 2'0" x 81111 - 8, 9, 10'/7 chars Order No. 5001-1001 S 0 face SGL 1 $7,513 Dbl face DBL $12,144 Master/ Slave MS $14,776 SA8X72MC - 2'0" x 9'SY2" - 8, 9, 10Y2" chars 5001-1002 8,467 14,004 16,684 SA8X84MC - 2'0" x 10' 10" - 8, 9, 10'/z" chars 5001-1003 9,474 15,851 18,698 SA8X96MC - 2'0" x 12'3" - 8, 9, 10'/2" chars 5001-1004 10,400 17,713 20,550 SA8X108MC - 2'0" x 137' - 8, 9, 10'/2" chars 5001-1005 11,347 19,396 22,444 SA16X60MC - 2' 11" x 8' 1" - 8, 9, 10'/2, 14, 21" chars 5001-2001 1 $10,639 1 $18,394 1 $21,028 SA16X72MC-2'11"x9'SY2"-8,9,IOY2,14,21"chars 5001-2002 12,289 21,533 24,328 SA16X84MC - 2' 11" x 10' 10" - 8, 9, 10'/2, 14, 21" chars 5001-2003 13,930 24,674 27,610 SA16X96MC - 2' 11" x 12'3" - 8, 9, 10Y2, 14, 21" chars 5001-2004 15,494 27,706 30,738 SA16XI08MC - 2' 11" x 137' - 8, 9, 10'/2, 14, 21" chars 5001-2005 17,033 30,591 33,816 SA24X48MC - 3' 10" x 619" - 8, 9, 10'/2, 14, 21, 32" chars 5001-3001 1 $12,173 1 $21,817 1 $24,096 SA24X60MC - 3' 10" x 8' 1" - 8, 9, 10'/2, 14, 21, 32" chars 5001-3002 14,519 25,776 28,788 SA24X72MC - 3' 10" x 9'SY2" - 8, 9, 10Y2, 14, 21, 32" chars 5001-3003 16,896 30,819 33,542 SA24X84MC - 3' 10" x 10' 10" - 8, 9, 10'h, 14, 21, 32" chars 5001-3004 19,233 34,913 1 38,216 SA24X96MC - 3' 10" x 12'3" - 8, 9, 10'/2, 14, 21. 32" chars 5001-3005 21,637 39,114 1 43.024 SA32X60MC - 4'9" x 81111 - 8, 9, 10'/2, 14, 21, 32" chars 5001-4001 $20,1901 $37,142 1 $40,130 SA32X72MC- 4'9" x 9'SY2" - 8, 9, IOY2, 14, 21, 32" chars 5001-4002 24,044 44,320 1 47,838 SA32X84MC - 4'9" x 10'10" - 8, 9, 10'/2, 14, 21, 32" chars 5001-4003 26,996 50,301 53,742 SA32X96MC - 4'9" x 12'3" - 8, 9, 10'/2, 14, 21, 32" chars 5001-4004 30,682 56,539 1 61,115 OPTIONS Security Locks each) Order No. I Price $65.00 Custom Cabinet Color, per square foot 3.90 Per square foot Additional Data Cable, per foot 0.45 Per foot Spare Parts Kit Call Retroflective Lens Add 5% PRESIDENTIAL Package includes computer system, modems, wind speed indicator, security locks, on -site training/installation supervision, custom color (does not include travel expenses) 3,800 ($5,200 value) EXECUTIVE Package includes computer system, security locks 1,200 ($1,609 value) On -Site Installation Supervision and Operator Training Call 1 aesco rt10697.doc Prices and Specifications Subject to Change Page 1 of 2 from PAve dune 1,1997 2" PIXELS SP8X60MC -•2'9" x 13'2" - 15, 16, 18" chars Order No. 5002-1001 Sgl face SGL $10,686 Dbl face DBL $17,541 Master/ Slave MS $21,122 SP8X72MC - 2'9" x 157' - 15, 16, 18" chars 5002-1002 12,261 20,086 24,272 SP8X84MC - 2'9" x 1711" - 15, 16, 18" chars 5002-1003 13,743 22,783 27,236 SP8X96MC - 2'9" x 20'4" - 15, 16, 18" chars 5002-1004 15,267 25,324 30,284 SPSX108MC-2'9I x 22'8'/2" -15, 16, IS" chars 5002-1005 16,650 27,910 33,050 SP16X60MC -4'4" x 13'2" - 15, 16, 18, 25, 37" chars 5002-2001 1 $15,651 11 26,489 1 31,052 SP16X72MC - 4'4" x 157' - 15, 16, 18, 25, 37" chars 5002-2002 18,109 30,417 35,968 SP16X84MC - 4'4" x 17' 11" - 15, 16, 18, 25, 37" chars 5002-2003 20,549 35,273 40,848 SP16X96MC - 4'4" x 20'4" - 15, 16, 18, 25, 37" chars 5002-2004 22,990 39,909 45,730 SP16XI08MC - 4'4" x 22'8/2" - 15, 16, 18, 25, 37" chars 5002-2005 25,364 44,296 50,478 SP24X60MC- 5'11" x 1312" - 15, 16, 18, 25, 37, 56" chars I5002-3001 $21,123 $37,301 $41,996 SP24X72MC - 5' 11" x 157' - 15, 16, 18, 25, 37, 56" chars 5002-3002 24,556 43,580 48,862 SP24X84MC - 5' 11" x 17' 11" - 15, 16, 18, 25, 37, 56" chars 5002-3003 28,200 50,156 56,150 SP24X96MC - 5' 11" x 20'4" - 15, 16, 18, 25, 37, 56" chars 5002-3004 32,342 57,814 64,434 SP24XI08MC - 5' 11" x 22'8'/2" - 15, 16, 18, 25, 37, 56" chars 5002-3005 36,800 N/A 73,350 NOTES: Time/Temperature/Date displays include only hand-held touchpad controller. All other displays include SUNNY Software (for PCs), graphic creation software, time/temperature sensor, operation/maintenance manuals, 100' data cable (specify exact length needed when placing order). All displays are ETL and CSA Approved. Diamond-Brite' displays are manufactured of all -aluminum extrusion cabinets in standard Bronze or Black (specify at time of order). Single -face cabinet depth, 12"; double -face cabinet depth, 15"; Master/Slave cabinet depth, 12" each face (required for single -pole mount). Actual cabinet dimensions may vary Prices and Specifications Subject to Change Page 2 of 2 aesco rtl 0697.doc a Ln s erSun,]M s e r i e s SupersunTM Series Electronic displays create powerful outdoor messages.They are the perfect LED message solution for brightly lit outdoor locations. SupersunT displays offer the very latest in outdoor, ultrabright LEDs and are designed to give long life. Gamma's unique module design technology can create breathtaking single line, double line, and full matrix animation and logos. All SupersunTM signs come with a weatherproof frame constructed of high grade extruded aluminum, are coated with a specially formulated weather resistant paint for many years of dependable service, and feature access from the front for easy installation and maintenance. Through GammaNet' software you can prepare and deliver text effortlessly to a single location or to multiple signs in different locations. Animatrix Pro TM software is unparalleled in the industry for creating dramatic, eye catching, full animation. You can also greatly expand the Flexibility of Gamma@ SupersunT signs by adding optional features such as Serial Computer Interfaces or Remote Programming via telephone modem or FM/Satellite receiver With a wide range of sizes available, Gamma@ has one perfect for your outdoor application. Whether sending your bright colorful messages across the room or across the world via modem or satellite, GammaO SupersunT electronic displays represent the most technically advanced method of LED communication. APPLICATIONS -SAFETY -EMPLOYEE COMMUNICATION -DIRECTION -TRAFFIC CONTROL -WELCOMING -ADVERTISING •A.D.A. REQUIREMENTS right Displays I LOCATIONS •AIRPORTTRAIN & BUS STATIONS -SCHOOLS & UNIVERSITIES -LIBRARIES -MUSEUMS • FACTORIES -HOSPITALS -BANKS -SHOPPING CENTERS -HOTELS -MILITARY BASES -GOVERNMENT INSTALLATIONS -CASINOS i 1t'})ica} Direct ConneCtior 51 Jtenl T.I; I F Iie I . 1 Ell ""Ilsiiui!��; ryL i.lo-•F�ir� E.H. MegaSi gn'., s e r i e s Megasign is the ultimate in outdoor electronic displays. Available in a 256 color RGY (red, green, yellow) system, or in a stunning RGB (red, green, blue) 'system that is capable of displaying a full spectrum of 262,144 colors, and coupled with powerful ,knimatrix Pro T" software make Gamma Megasign �- the outstanding choice for outdoor displays. Gamma Megasigns are perfect for attractin attention in public areas because of thei outstanding brightness and clarity, and dazzling display of full color graphics. Megasign LED message centers are perfect for display in stadiums, hotels, casinos, shopping centers, invention centers, billboard locations, military and government installations and more! Built with extra visible, low maintenance LEDs designed to give long life. Gamma Megasigns can be manufactured to suit your exact ?. needs.They are easily serviced from the front and come with a high-grade fabricated aluminum, weatherproof case. 'row, , When it comes to creating full, vivid, t s multi -color animation, nothing even comes close to Gamma Animatrix Pro software. Its 0 frames per second sequencing allows for seamless animation, and is also capable of importing and editing sequences from other ` animation programs with PCX and FLI file formats. Animatrix Pro even accepts video input from live TV, camcorder,VCR or video disk. Its versatility and power make Gamma Animatrix Pro unparalleled in the industry for creating outstanding text and graphics. You can also greatly expand the flexibility of Gamma Megasigns by adding optional features such as Serial Computer Interfaces, these interfaces allow programming via telephone, RE or cellular modems. Whether you're sending your bright colorful messages across the room or across the world . Gamma Megasign electronic displays are the ultimate in LED communication. an •:i.....::..... .. i. .. ... �....... .i..i� .... °: i. `ii�i :: :i.... ii ii .. ...... is .. IL.. .. .....i iti�:..... ....... .. , OUTDOOR • i i F• b• + p7TTtM mow •'� � tlN t ^ SIGN `TYPE R SIGN TYPE MD. DESCRIPTION w. *ep a ar s aa•r. ana.:••• T..rs a.�. .y�W d apTTdw M .1sl.0 d s.Tsa� ::=,.. T.K. pTu � vu1V ..eou Mu, T�i. w aM.atlleaTla siT. TrN+ .gr«w�T .t �ft: xa ns++r»• a.yTtM N fKry Y uu. i � «.ua.w .T.T ua• • T,l.TT T'"'T"''aLTq tam• r? .�- .� ._n_-,. �.�•--.'%$`.i4�Ya-r!?xi_'2eei n1.;.. r-.r �^i_S�r_R!'zx}i�sP_r"u'ir.-Ti•-�i. _. 1.� 40'-0" 37'-2" 1 31'-4" 27'-1" ,J 22'.10" i 19'-4" 1 17'-0" 6'-0" . I 3"D. POLISHED BRASS SUPPORTS (FOR EXTERIOR APPLICATION). SCRIPT NEON TUBE. FORMED AND PAINTED ALUMINUM, PANEL WITH 21 HIGH POLISHED BRASS INDIVIDUALLY LIT CHANNEL LETTERS ("BROADWAY" LETTER STYLE FOR EXT. APP.). SINGLE NEON BRATUBE S CHANNELIDE (FOR EXT. APP.). BACKLIT WHITEINTENSITY WARM Hi EXTERIOR CEMENT PLASTER, SMOOTH FINISH. 2 - NEON TUBES. 48 BRASS CHANNELI (FOR EXT. APP )F N :O EXT. CEM. PLASTER, SMOOTH FIN. IG IE IL:�t�,��l �rII31R I11E 11- _ iI' 11 A PS44), _ JI�UIPASS1I(D ipAME IIHA IDIDFV IL A S IDS �S�CIHItyIDILIEIR ILiI��°f� .....,, ... •• I-. . .. I 1 16" HIGH POLISHED BRASS INDIVIDUALLY LIT CHANNEL LE ("BROADWAY" LETTER STYLE EXT. APP.). CONTINUOUSLY LIT NEON TUC PROGRESSIVELY SEQUENCINC MODE TO SIMULATE CLASSIC. PILASTER QUOINS (BOTTOM 1 12" HIGH ACCENT POLISHED E MARQUEE LETTERS ON WHITE ACRYLIC PANELS ("BROADWA) LETTER STYLE, CHANGEABLE 38"R. SHALLOW CURVE PILAS' WITH 2"X4" SETBACK, EACH IS "ADOQUIN" STONE CAP MOULE COLOR AND FINISH TO MATCF NEWPORT CENTER STANDARI FLAME FINISH GRANITE OR P( A 0 VICINITY MAP scc Exception Permit No. 51= t SubiectPronertvand SurroundineLandUses Current Development: Multi-tenantcommercial building To the north: Are residential duplexes and single family dwellings To the east: Across MargueriteAve. are residentialuses and retail/service commercial uses To the south: Across East Coast Highway is the Bandara Restaurant and retail/service uses To the west: Are retail/servicecommercial uses Exception Permit No. 51 Page 2 Nam yscw4NWM uc •w_Mw.r•.�,w.ww.r.wrw'�r i .�� i r.�wwwawws•rw.,wr �� a fS_ y y1�" ...... ,,.�r..a.s.e,.wrrs.��r 1 AUA4 •rlrwr�r.wrowrr. ''' �pa►,(iOFF CHANNEL LETTER _ DEW� lerara orwls ur�l ' _ �' ' rbt- pc a uai -mgs AM �t�W�sFrr�u-s.wFt�ur�J u�t�►•ro�.. � as �. caBw4 RM'x'e cF OIG�tntntr� ► F//Al.tk4Ak'} & i j a�,a�owwaos �a►aa�aY�Qts-i�P pG0 MAM; I WHOM RAT Ler.4767 AT &W- No F�l.f� f.►EEG� TUL Fi41Li SQ,[1, � - `�}.t LINE Cf GUI Lp1UL1 s Ul V r Z i.. O nmm W dl D 9f ! x r I agWPORT CITY OF NEWPORT BEACH Hearing Date: p� COMMUNITY AND ECONOMIC DEVELOPMENT • � Agenda Item No.: J'z PLANNING DEPARTMENT Staff Person: ��tironP�r 53� NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 Appeal Period: (714) 644-32w; FAX (714) 644-3250 REPORT TO THE PLANNING COMMISSION PROJECT: Franklin Realty Sign Jeffrey Stern, applicant 3250 East Coast Highway November 6, 1997 3 Patricia L. Temple 644-3200 14 days PURPOSE OF APPLICATION: Request for an exception to the Sign Code to allow the replacement of an existing conforming pole sign with a pole sign which contains a marquee type sign animated with mechanically changeable copy. ACTION: Approve, modify or deny: • Exception Permit No. 51 LEGAL DESCRIPTION: Lot 6, Block R, Tract 323 ZONE: RSC, Retail and Service Commercial OWNER: Michael Franklin, Corona del Mar Points and Authority Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 11 (Accessory Structures). • Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Retail and Service Commercial' uses. The subject sign is a permitted use within this designation because it is ancillary to retail and service uses. • Exception Permit procedures are set forth in Chapter 20.67 of the Municipal Code. VICINITY MAP Exception Permit No. 511 ' Subject Property and Surrounding Land Uses Current Development: Multi -tenant commercial building To the north: Are residential duplexes and single family dwellings To the east: Across Marguerite Ave. are residential uses and retail/service commercial uses To the south: Across East Coast Highway is the Bandera Restaurant and retail/service uses To the west: Are retail/service commercial uses Exception Permit No. 51 Page 2 Background At its meeting of August 21, 1997, a request was made of the Planning Commission to determine whether certain types of changeable copy signs and electronic reader -boards fall under the definition of "animated signs." The type of sign in question, an illuminated, "flip -disk," electronically controlled changeable copy sign was determined to be an animated sign and is, therefore, prohibited by the Sign Code. Chapter 20.67.045 allows for deviations from the requirements of the Sign Code, provided that an Exception Permit is approved by the Planning Commission. On September 19, 1997, the applicant requested a continuation of the public hearing to allow for additional discussions with staff and clarification of the issues raised in the original staff report. Previous Approvals for Animated Signs The City has approved two Exception Permits and one Modification Permit allowing the construction of animated signs. These are described below: 1. Exception Permit No. 38 for 1100 Irvine Avenue (Westcliff Plaza): This was a request to install a flashing time and temperature display within an existing sign. The flashing time and temperature display was installed on two of three sign faces on a freestanding pole sign within Westcliff Plaza. The sign was located near a then existing bank sign in the easterly corner of the shopping center, away from the surrounding roadways. The animated sign was 7 square feet in area on each face, or 14% of the area of each face. This particular sign utilized flip -disk technology similar to the technology proposed in this request. In approving the exception permit, the Planning Commission found that the sign would not be detrimental due to its unique location in the corner of the shopping center. A copy of the approved sign elevation is attached. 2. Exception Permit No. 46 for 300 Newport Center Drive (Edwards Big Newport Cinema): This was a request to allow the construction of a 40 foot high free standing, double faced, animated identification/marquee sign. The animated portion of the sign was the border of the marquee, with a neon tube "shadowing" effect. No flashing sign elements were proposed, and the changeable copy is not animated, but changed by hand. In approving this permit, the Planning Commission and City Council found that the sign would not be detrimental given the facts that the sign would not be visible from any residential area, and that the size of the theater complex justified the exception. A copy of the approved sign elevation is attached. In a field check of this sign, it was discovered that the sign as constructed includes an animated element not authorized by the approved Exception Permit. This is a small "medallion" of blinking white bulb lights immediately below the Big Newport text on the sign. Staff will inform Edwards that this portion of the animation has not been approved, and that the animation of this area should be discontinued until such time an amendment to Exception Permit No. 46 is approved by the Planning Commission. Exception Permit No. 51 Page 3 3. Modification Permit No. 4015 for 451 Newport Center Drive (Hard Rock Caf6): This was a request to allow the construction of a double faced, animated and blinking pole sign with 257 square feet per sign face and 50 feet in height. The animated portion of the sign was to allow the appearance of guitar strings being strummed on the logo guitar sign, the animation of the business identification copy, and the animation of the sides of the sign.. In approving this request, the Planning Commission and City Council found that the sign would not be detrimental since the sign would not adversely affect any residential area. The City Council required the sign to be lowered to 40 feet in height, with the guitar set at an angle. A copy of the original elevation is attached. There is an existing, non-functional time and temperature sign on East Coast Highway in Corona del Mar, at the corner of Heliotrope Avenue. There is no indication in City records of how this sign was approved, so it would be considered a legal, non -conforming sign if it were still in operation. However, since the sign has not been functioning for the past 6 months, the rights to the non -conformity have been terminated pursuant to Section 20.62.080, and cannot be re- established without the approval of an exception permit. Additionally, there are a number of animated signs within the Fashion Island Mall area, where they are a permitted sign type. Analysis The application is a request to approve an animated sign to replace an existing pole sign on a commercial property. The proposed sign is comprised of 28 sq.ft, of fixed copy (44% of each sign face) and 36 sq.ft. of changeable copy area (56% of each sign face) which uses illuminated "flip - disk" technology. The following table indicates the proposed changes: EXISTING POLE SIGN PROPOSED POLE SIGN PERMITTED POLE SIGN Sign Dimensions 2: 9' 11" x 5' 3", or 52 6' 10" x 9'4", or 64 200 sq.ft. sq.ft. sq.ft. Sign Height: 21 feet, 2 inches 18 feet, 10 inches 25 feet Dimensions The project involves the removal of the existing sign cabinet and the construction of a new cabinet that is lower and which will eliminate the architectural elements of the existing sign. As a result, the overall size of the sign will be reduced despite the fact that the text area of the sign is 2 Sign size is calculated by measuring the sign copy area and does not include the architectural projections of the existing sign Exception Permit No. 51 Page 4 increased from what currently exists. The above table indicates that the proposed sign will be approximately 12 sq.ft. larger than the existing pole sign, but when taking into account the architectural elements of the existing sign cabinet, the new sign will be approximately 20% smaller than the overall size of the existing sign. Additionally, the proposed sign is 68% less than the permitted 200 sq.ft. Sign Height The proposed sign will be approximately 2 feet, 4 inches lower than the existing pole sign and will be located lower on the pole. It is also 6 feet, 2 inches lower than the permitted sign height of 25 feet. This will also help to reduce the visual mass of the sign. Illumination The electronic sign will be internally illuminated behind a message board that utilizes computer controlled "flip -disks." The back -lighting will be continually burning fluorescent lamps. The proposed sign incorporating the flip disk area is less bright than a light bulb type of message center, as well as a conventional plastic face sign of the same size. Staff has included a condition that the lighting shall meet the requirements of the Uniform Building Code and Section 20.67.025 of the Municipal Code for sign luminescence. Duration and Frequency The sign being considered utilizes computer controlled, "flip -disk" technology which will allow that portion of the sign to function as a message center with changing text at regular intervals. The messages on this portion of the sign can change every four seconds with a one second interval between each message.3 If graphics are used, the time would be increased to 6 seconds for the message and one second for the change because the board requires more time to show an entire graphic. Staff is concerned that rapid change in copy will be visually distracting to passing motorists and create an adverse impact on traffic circulation. In working with the applicant, a longer message time of 8 seconds has been identified which would allow passers-by more time to read the messages, reduce the animation characteristics of the sign and insure that the sign is not so visually distracting as to create a traffic hazard. As a result of these discussions, the applicant amended the request to incorporate this limitation. Therefore, a condition has ,been included to limit copy changes to a maximum of one message each 8 seconds with a minimum interval between messages of 1 second. With this limitation, persons traveling at 35 miles per hour on East Coast Highway would see from 2 to 3 messages, depending on where in the message cycle the sign became visible. More messages would be seen if a vehicle was halted by the traffic signal at Marguerite Avenue. Hours of Operation 3 These are the current limitations contained in State law for property fronting on a State highway. Exception Permit No. 51 Page 5 Although the internal illumination of the sign is constant, staff believes that the use of the changeable copy features of the sign at night could produce an effect similar to a flashing sign. Given the close proximity of the sign location to residential areas, this could adversely affect nearby residents. Therefore, staff is of the opinion that the changeable copy aspect of the sign should also be subject to limited hours of operation. This issue was also discussed with the applicant, resulting in a further amendment to the original request to incorporate limitations on the operation of the changeable copy feature of the sign to between the hours of 6:00 AM and 10:00 PM, Sunday through Thursday, and between 6:00 AM and 12:00 midnight, Friday and Saturday. Staff has included a condition incorporating this limitation. Communitv Compatibility and Aesthetics The preceding analysis has focused on technical issues associated with the implementation of the proposed animated changeable copy sign. An additional issue appropriate for consideration is the overall aesthetics of this type of sign. This sign technology is commonly used by CalTrans and other agencies which manage traffic control, for the purpose of notifying the motoring public of temporary road conditions or lane closures. Additionally, such signs are often used in shopping centers and auto centers along major arterial roadways and freeways. Staff has a concern that the "message center" aspect of this animated sign will not be compatible with the business district and the neighboring residential uses, since it will have the ability to change text in a manner to create special effects and the impression of flashing which is not the typical case for business identification signs in the area. It should also be noted that approval of this sign type could lead to additional requests for animated changeable copy signs. A precedent for approval could be established if applicants are willing to agree to similar use limitations (as proposed in the draft conditions of approval) and the business location has similar characteristics (such as a location on an arterial highway). It is the opinion of staff that a large number of similar signs along Coast Highway could adversely affect the overall aesthetics of those business districts and the City generally. Applicant's Statement of Support In accordance with Section 20.67.045B of the Newport Beach Municipal Code, in order to grant an exception permit, the Planning Commission must find that the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of Chapter 20.67, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. In response to the above requirements, the applicant has submitted the following statements in support of the application: Exception Permit No. 51 Page 6 1. Why will the proposal not be contrary to the purpose of the sign ordinance? "The Sign Ordinance allows for 200 square feet of sign area at 25' high (15' high by 13' wide), which would allow 15 lines of 8" changeable copy in addition to a 3'-0" high identification module. This application utilizes computerized technology to reduce from a 12' high reader panel to a 3'-10" high reader panel through the use of electronic copy change. This technology has been approved in prior cases by modification in Newport." 2. What exceptional or extraordinary circumstances are involved? "This technology utilizes fixed fluorescent lamps behind a face with flip disks to create the letter form, which in actuality, allows light to pass through less than one third the surface as compared to a standard plastic face at 100% lighting." 3. Whv is an exception permit necessary to protect a substantial property right? "Although 70% of the message content of this sign will be non-commercial public service and community advisory messages and controlled by the Corona del Mar Chamber of Commerce, 30% will be used by the applicant to promote real estate activities and do so without the necessity of erecting a 15' high by 13' wide double face pole sign 25' high with manual letter changing." 4. Why will the proposal not be detrimental to the neighborhood? "Since the high intensity at night would be less than one third that of a standard sign of the same size, there is less impact on the neighborhood. This sign will reduce the existing sign area by 30% and is 135 square feet less than allowed by code. "Although the City considers this an animated sign type, the motion created by the message change is minimal and has been approved in Newport at the Westcliff Plaza. This sign is on Coast Highway and is consistent with commercial signing in a commercial area." Required Findines Section 20.67.045 B of the Zoning Code sets forth the findings which must be made in order for the Planning Commission to grant an exception permit, as follows: "... the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of this chapter..., and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or to the general welfare of the City. " The Sign Code chapter states the purpose : "to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and advertisement of business by regulating and controlling the design, location and maintenance of all signs and sign structures in the City." Exception Permit No. 51 Page 7 Facts which support the granting of an exception to the provisions of the Sign Code: • Other non -animated forms of changeable copy signs are permitted in the area. • A suggested condition of approval, to which the applicant has agreed, will limit the message cycle, minimizing animated effect and potential traffic hazards. • A suggested condition of approval, to which the applicant has agreed, will limit the hours of operation of the animated use of the sign, reducing potential adverse effects in nearby residential areas. • The proposed pole sign is smaller than permitted by the Zoning Code. Facts which do not support the granting of an exception to the Sign Code: • A sign 25 feet in height with 200 square feet of copy area is permitted by the Sign Code, which is adequate for most businesses. • The property in question has a highly visible location on East Coast Highway at the intersection of Marguerite Avenue. The site benefits visibly from dual frontage, a wider section of Coast Highway, and the presence of a traffic signal. These features combine to create a location whose existing signage is among the most visible in the area since there are few visual obstructions and regular halting of passing traffic at the signalized intersection. • The proposed animated sign may create a visual distraction to passing motorists which could create a traffic hazard. • The proposed sign may create an effect similar to a flashing sign at night. • The proposed sign could be considered inconsistent with the stated purpose of the Sign Code, since the proposal presents the opportunity to provide more than the identification and advertisement of the business by allowing for the advertisement of individual products, services or listings. Additional Considerations Community Message Center Benefits As indicated in the applicant's statement of support, the Corona del Mar Chamber of Commerce is to be allowed control of a substantial portion (70%) of the changeable copy content of the sign to advertise Chamber and community events. This would allow the Chamber of Commerce to advertise their events in a manner which complies with local and State regulations. Currently, the Chamber of Commerce places banners on buildings and in the median of East Coast Highway, usually without proper permits. While this is a very worthy aspect of the sign, it is not a consideration which the City may use in the decision to approve the exception permit. Governmental agencies are prohibited from limiting or regulating the content of signs, except in very limited areas related to adult oriented businesses. Their jurisdiction can only address the time, place and manner of sign placement. Therefore, it is not within the authority of the Planning Commission to require community event information, or to require partial control of content to any entity, such as the Chamber of Exception Permit No. 51 Page 8 Commerce. Any agreement to this effect would be a private contract between the owner of the sign and the Chamber of Commerce, and the City could not be a party to such an agreement, nor enforce it in any way. Special Privilege As briefly discussed previously, the sign in question (in addition to being considered an animated sign) is also of a nature which significantly increases the message potential as compared to a conventional sign of a similar size. This is due to the fact that, in addition to advertising the location and type of business on -site, the rapid changeable copy feature will allow the advertisement of specific products (realty listings in this case) which far exceeds the potential of other signs in the area. This includes more conventional changeable copy signs, which are seldom changed more than once daily. Since one of the key findings the Commission must make is whether the approval is necessary to preserve a substantial property right, a related consideration is whether the granting of the exception would constitute the granting of a special privilege which other property owners do not enjoy absent the granting of a similar exception. In order to assure that no special privilege is granted, the Commission may wish to consider a limitation to allow the message center to function in a manner similar to other permitted changeable copy signs. In this case, consideration could be given to allowing the changeable sign copy to only once per day. A condition of this nature could, if imposed by the Planning Commission, assure that a special privilege is not being granted, and also address the overall aesthetics of the business' sign program. Should the Commission determine that the approval could constitute the granting of a special privilege, but still desire to approve the request, staff suggests inclusion of the following additional finding and change to condition number 2: Finding: That the potential for this approval to constitute the granting of a special privilege has been offset by a limitation of use of the sign to function in a manner similar to other permitted changeable copy signs. Condition 2: That the message center copy may be changed only once per day. Continuous motion of messages (scrolling messages) is not permitted. Should the Commission determine that the approval would constitute the granting of a special privilege, and desire to deny the request, staff suggests the Commission include the following additional finding: Finding: Exception Permit No. 51 Page 9 That the approval of the proposed animated changeable copy would constitute the granting of a special privilege not enjoyed by other businesses in the area due to the greatly enhanced ability to advertise individual products or listings not generally available in conventional signs. Action Should the Planning Commission wish to approve Exception Permit No. 51, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Commission desire to deny this request, the findings set forth in the attached Exhibit `B" are suggested. Submitted and prepared by: PATRICIA L. TEMPLE Planning Director Attachments: Exhibit "A" Exhibit "B" Letter from the Applicant Elevations of Westcliff Plaza, Edwards Theater and Hard Rock Cafe signs Correspondence Elevation, Site Plan and Color Indications of Proposed Sign F:\USERSIPLN\SHARED\I PLANCOM\1997\1106\EP51.DOC Exception Permit No. 51 Page 10 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Exception Permit No. 51 Findings: 1. That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. Retail and Office uses with associated signs are permitted in this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. That the approval of this Exception Permit to allow the animated sign, is necessary to protect a substantial property right since the electronic changeable copy sign is a different implementation of other marquee and changeable copy signs which are permitted by the Sign Code. 4. That the proposed animated sign will not adversely impact traffic circulation in adjacent rights -of -way or create a hazard to vehicular or pedestrian traffic because: • the new sign will be placed in the same location as the existing sign which has not created a problem or known adverse traffic impact, and • the new sign complies with State regulations for State highway locations. 5. That the proposed animated sign will not have an adverse visual impact on adjoining commercial and/or residential neighborhoods because: • the hours of operation for the sign are during the time that businesses in the area are open, • the frequency and duration of the message board will be programmed for a longer message time to reduce the animation effect, and • the proposed sign is smaller and lower than both the existing sign and that which is permitted by the Sign Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan and elevations, except as noted below. Exception Permit No. 51 Page 11 2. That the minimum duration of any message be eight seconds, and the minimum interval between messages shall be one second. Continuous motion of messages (scrolling messages) is not permitted. 3. That the electronic copy change feature (animation) of the sign is limited to between 6:00 AM and 10:00 PM, Sunday through Thursday, and between 6:00 AM and 12:00 midnight, Friday and Saturday. 4. That the sign luminance shall meet the requirements of the Uniform Building Code and Section 20.67.025 of the Municipal Code. 5. That the Planning Commission may add to or modify conditions of approval to this Exception Permit or recommend to the City Council the revocation of this Exception Permit, upon a determination that the operation which is the subject of this Exception Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. That this Exception Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. Exception Permit No. 51 Page 12 EXMIT'B" FINDINGS FOR DENIAL FOR Exception Permit No. 51 1 �I i. That the approval of this exception permit is not necessary to protect a substantial property right because: Adequate signage can be provided within the permitted 25 foot pole height and 200 sq. ft. per face permitted in the Sign Code. This property occupies a highly visible location on East Coast Highway which has frontage on both the Highway and Marguerite Avenue and animation is not necessary to provide adequate signage. 2. That the proposed animation is not compatible with the business area in Corona del Mar since the area currently has no operating animated signs. 3. That the proposed animation is not compatible with the residential uses in close proximity to the proposed sign due to the potential to produce the effect of a flashing sign after dark. 4. That the proposed sign is not consistent with the stated purpose of the Sign Code since the sign may provide the ability to advertise direct products, services and listings which is beyond the purpose of the identification and advertisement of the on -site business. 5. The approval of Exception Permit No. 51 will, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood because: The proposed animation could distract the attention of motorists which could create traffic hazards. The sign could create the effect of a flashing sign at night which could disturb nearby neighbors. The approval could create the standard and precedent for the approval of additional animated changeable copy signs. Exception Permit No. 51 Page 13 in s WA a ij EXISTING DOUBLE FACE ILLUMINATED POLE SIGN FRONT ELEVATION SCALE:NTS ®SEA MAY NOTBEAN REV WW Trl REV 02-C.L. 7-3"7-ADD SITE PLAN 4'-11':'Ex1sdn9 Cah,inet —� 2'-4" ��g'Proposed Cabinet OHterence d" f �_ � i in Height New Proposed T;, Franklin Sign Cabinet e ra I Existing Sign Cabinet In Background Behind Proposed New :+ Smaller Sign Cabinet I i S ] c Existing Pole Cover Be � 4 _ Agw— f 4 OVERLAY OF PROPOSED SIGN AGAINST OLD SIGN FEATURING NON-LIGHTBULB SCALE: NTS PUBLIC SERVICE MESSAGE CENTER ®RFA 71MR PL SENOTE ALLRBN COLORSARERERiE ATION THEINnICAT®BREGIFlCATIONS. M01MY NOT BEAN M..01:6ngel. , NEW DOUBLE FACE ILLUMINATED POLE SIGN FEATURING NON-LIGHTBULB SCALE: NTS PUBLIC SERVICE MESSAGE CENTER ® SEA 1998 %-eAg NOTE ALL RRINTEOcaL — :xAc- superior Velectrical advertlSinge alo.aas.moR 310.415.. aSr MR „MW� AMII.M.. Lory e. . cA 9101M1w TMEINNIW SREGIFIWTIONS, AN" MAY I WMI " Pm ec FRANKLIN REALTY - CORONA DEL MAR "•. 3250 E. COAST HWY. - CA 92625 ®; c.tw ROBIN & JOEL Ph" - J. STERN 17ea9 ar CARLO mgr. AS NOTED OVA 11-7-M REV "1: AMaW ' TY REV 02-C.L.73DD 1.97-ASITE PLAt —. 99-11-7114 2 914e 181-101, NEW DOUBLE FACE ILLUMINATED POLE SIGN WITH ELECTRONIC MESSAGE CENTER FEATURING NON-LIGHTBULB PUBLIC SERVICE MESSAGE CENTER X-0' X 9'-4" CABINET SIGN TO BE SUPERIORS "MARK 1U' ANODIZED EXTRUDE ALUMINUM SIGN SYSTEM SERVICE ACCESS TO LAMPS, BALLAST, AND WIRING THROUGH SUPERIOR'S SWING PINNED OPENABLE FACE RETENTION SYSTEM. INTERIOR ILLUMINATION TO BE VIA ma HIGH OUTPUT FLUORESCENT LAMPS ON CENTER FOR EVEN ILLUMINATION THREE F108 T12 CWHO FLUORESCENT LAMPS ONE ASB-2040-24 BALLAST G 3.9 AMPS ONE 120 VOLT 20 AMP SIGN CIRCUIT REQUIRED FACE TO BE HIGH IMPACT WHITE ACRYLIC PLASTIC "FRANKLIN" TO BE # 230 RED VINYL OVERLAY APPLIED TO BACKGROUND "REALTY" TO BE # 230J3 RED VINYL WITH ROUTED LETTERS TO READ WHITE PAINT: FINISHED IN THERMOSET ACRYLIC ENAMEL OVER PRIMER UNDERCOAT CABINET COLOR:TO MATCH PMS RED # 1797 CABINET INTERIOR COLOR: REFLECTIVE WHITE RETAINER COLOR: TO MATCH PMS RED # 1797 SCALE: 1/2"=1' NORTH � K W 7 Q SIGN LOCATION COAST HWY SITE PLAN ® SEA 1896 R-EASE NOTE: ALL PRINTED COLORS ARE REPRESENTATIONS OF THE INDICATED SPECIFICATION$ AND MAY NOT BE AN %Ac HATCH T 0 AC; UAL COLOR8 USED REV 01: &, are? -Teal REV. 02 - C.L. 7-31-97 -ADD SITE PLAN superior Pmj, FRANKLIN REALYTUY--CORONADELMAR 961I_7114 A44TB66 3250 E. COAST n%a - CA 92625 R° He EIECYpICal adVETtl51D(J' 3O'953B08" aa•PnN C°A pCI . ROBIN & JOEL p 0R8 3, °.11i,®T FA%�e-nM I1W Ww A"eANm 4ee[ ACCL. mg, R`�^DMA CARLOS L. J. 3TEN � SIOTGr ApPde # f. ie:e ..ro.... a[ ...°n "� Swe A3 NOTED Due 11-7-96 rp