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Home My WebLink AboutEXCEPTION PERMIT 11EXCEPTION PERMIT APPLICATION CITY OF NEWPORT BEACH f No. a; PLANNING DEPARTMENT Application Rec'd by% CURRENT PLANNING DIVISION Fee: 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2218 or 640-2219 Applicant (print) IN>E�'ENVENT 0 rTDooK A>qF-R-ysiA6Phone 213 - 851 "�:ZO� Mailing Address Q-79 /V LA I3REA Las ANGEL-rS _trAL• T003& Property Ownert- _kPt{JCES ('a-.AZS Phone Mailing Address 332 (�o. fi1 W�oRT �3L�JD. 1�E.WPoR.'T $EACR CA. `32663 Address of Property Involved Purpose of Application (describe fully) f 1,4J5T,4LL D1V� ��12r ADV9RT'ISlnIG- - �5dGr1, E b 1 P0L.E.. Zone C' 1 Present Use \iACAl1fT Legal Description of Property Involved (if too long, attach separate sheet)' -•R ACi Why will proposal not be contrary to the purpose of the SignOrdinance? WILL PIS tGnl. lS I.00ATEb lt�l pERM1551SLE ZONE ACCc�RDtNG- To 1kE 5« IJRDI/1%A1�IC�• 6MA1.G LIti�0I3TR►35tJ�-• Exceptional or extraordinary, circumstances involved? PROQ T� ;1S �RREnJTLY V_CANT. APPLtCAMT WOULD 8644E To Kf-=Mog! MOVE bttStCrl1( UPOAI _ Ur PROP1`.R. t1hY is an exception permit necessary to protect a substantial property right? �,�lCo/�tJ~- _FRoM sc�-A1 WILLNECP GwNER Prey FRO;ERT SPA y Tt�>�E.S, fVS LESS/!%//t%G PR�SSc1R� TO D�d�LoP� PROPEL P2ESivRV tJL �E� CE THE. CST Why will proposal not be detrimental to the neighborhood? �/FlGu8aR4�lQaD tS ZtlNP-A CoM,ur�CtAL. THES 51GN 15 SMALL Uf�DgTLUSrVE,� W1LL C.aNFo2 D 1T5 CVMMERCIAL- Szxt2tx7ND1� f-S. OWNER'S AFFIDAVIT .S M�At�s depose and say that (I am) - (I) (We) PP )W further we are) the owners of the property ies involved g thsta tementslandlanswers herein'contained certify, under penalty of perjury, ,that the foregoing and the information herewith submitted are in all respects true and correct to'the best of (my) (our) knowledge and belief. Signature (s),l•2�-c- NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. 0 NOT COMPLETE APPLICATION BELOW TyIS LINE Fee Pd. .Z 5 Receipt No. Date Filed iA! P�1-ic-at�en�ate T Hearing Date Mail Date (o r Posting Date_ Date P.C. Actions%Pcv` - Appeal C C.Hearing Date C.C.Action C�JM/NISSIUNERS MINUTES July.8, 1982 m m. a x 4 mit�� of�w ort Beat RQLL ,GALL INDEX .: The proposed, sign is contrary to the purpose of e Sign Ordinance in that the existing pole sign co be enlarged within the limits sat -forth in. the Co to provide for additional advertising or identifica n� 3. That the proposed vextisement pole sign will be detrimental to the'hea'x safety, peace, morals, Coll and general welfa of persons residing and 'working 'in the neighborhoo or be detrimental or injurious to property. and imp ements in the -'b neighborhood or the general welfare _the City d inasmuch as a precedent would be Pstablidh for similar signs elsewhere in;the City. Request to install a 6 foot x 1.2 foot, double-faced Item #2' off -site advertising sign mounted on an 8 foot high pole on property located in the C-1-H District. LOCATION: Lot 9, Tract No. 1136, located at 332 North Newport Boulevard, on the easterly side of North Newport Boulevard between Beacon Street and Catalina Drive, in the Old Newport Boulevard Specific Plan Area. ZONE: C-1-H APPLICANT: Independent Outdoor Advertising, Los Angeles OWNER: Frances Mears, Newport Beach The public hearing opened in connection with this item and Mr. Chris Norby, representing Independent Outdoor Advertising, appeared before the Commission. Mr. Norby stated that the proposed signs do not require a variance from the Zoning Code. He stated that both of the proposed signs are permitted under the current Sign Ordinance but require the approval of exception permits. -4- EXCEPTION PERMIT. NO. 11 CommS51( HERS d. 0 Cr 7 fv�ii4UTES July INDEX ROLL CALL Mr. Norby stated that the sign would be removed upon any development of the, property. He also stated that tits proposed sign would not be advertising any businesses within the City: However, he stated that -uses, such as car dealerships within the City, may want to promote their national products on the proposed sign. Mrs. Louise Greeley, representing the Board of Directors of Newport Crest Homeowners Association, appeared before the. Commission and submitted a letter of opposition. She stated that the proposed_ signs at 1526.Placentia Avenue and 332 North Newport Boulevard would require a variance from the present Zoning Code and that they would add to the already existing visual pollution. She then urged denial of the proposed sign in Exception Permit No. 11. Mr. Norby stated that the owner of the property is retired and will be generating income from the sign. He stated that the granting of this exception permit is necessary to protect a substantial property right of the property owner. Motion X Ayes X X X X X Abstain 11X1 Mr. Norby stated the property in question is a vacant lot and that they would be willing to restrict advertising to only businesses doing business in Newport Beach, i.e. an automobile dealership. He stated that they would also be willing to donate one or. two months of the sign to a community service announcement. He stated that the property is currently zoned for commercial uses and .that there are no other signs located on the property. Therefore, this proposal would not be contributing to visual pollution. Commissioner Balalis asked Mr. Norby if they would be agreeable to a time certain of one year for this sign. Mr. Norby stated that this would be acceptable, as long as there would be an option for its. renewal after the one year period. Motion was made for denial of Exception Permit No. 11, subject to the following Findings, which MOTION CARRIED: -5- Request to install a 6 foot x 12 foot, double-faced off -site advertising sign mounted. on as 8 foot high pole on property loc:.ted in the C-1-H District. LOCATION: Lot 9, Tract No. 1136, located at 332 North Newport Boulevard, on the easterly side of North Newport Boulevard between Beacon Street and Catalina Drive, in the Old Newport Boulevard Specific Plan Area. ZONE: _/ C-1-H APPLICANT: Independent Outdoor Advertising, Los Angeles O;4NER: Frances Mears, Newport Beach ; ,: ground ;.-wits meeting of June 24, 1982, the Planning Commission continued Exception Permit No. 11, at the request of the applicant due to the lateness of the hour. Attached for Planning Commission information is a copy of the original staff report with attachments. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By i liam Ward Senior Planner WWW:kln Attachments: Original Staff Report with Attachments for Exceptior► Permit 11 dated June 24, 1982. � �COMANS , MItNUTES; _24 X., r F� _Mln F_� > ode art eac. CD rCot INDEX - F-F ROLL .CA . APPL independent Outdoor Advertising, oS Angeles Los g, OWNER: Mrrison► Athens, Ohio Marry x e lateness of At the request of the applicant# to the . to the t item motion All Ayes x X x X X X the hour, Motion WAS made to continue which. Meeting of July which. Planning Commission MOTION CARRIED. t to install a 6 foot x 12 foot# double-faced Request high Item #9 off -site advertising sign mounted on an 8 foot pole on property located in the C-l-H District. LOCATION: Lot 9, Tract No. 1136, located.at 332 Boulevard, on the easterly EXCEPTION North Newport side of North Newport Boulevard between PER IT NO Beacon Street and Catalina Drive, in the IT Old Newport Boulevard Specific Plan Area. ZONE: C-l-H Continued to u V otdoor Advertising, APPLICANT: Independent u 18 1=982 Los Angeles OWNER: Frances MearS, Newport Beach X At the request of the applicant, due to the lateness of this item to the Motion All Ayes X X X X X X the hour, Motion was made to continue Meeting of July 8, 1982, which Planning Commission MOTION CARRIED. -36- ro osal not be contrary to the ur ose of �- �� " '- n,ordinance. Whv will p P — „ g d .in , permissible ,zone, according to the sig si n.will be locate sign is small and unobtrusive." Exce tional or extraordinary circumstances involved? move or 11is currently .vacant. Applicant would agree to remove,. property modify sign upon development of property exception permit necessar .to protect a substantial pro erty right? Wh is an will help,owner pay property -,taxes,: thus: lessening pressure Income from sign reserving.open space, for the; City.", ro_ert and p to develop P P y , yjh will pro osal not`be detrimental'to Th th s gngineisosmal1 and unobtrusive, and "Neighborhood is zoned comtneresa - will conform to its commercial surroundings." the, of,. the Sign As set forth in Section 20.06.020 of .,the ; Code, identification: and Ordinance is to "provide .,the means fo adeq�:ate tre :design, advertisement of. businesses, .,by regulating. and controlling The signs and within .the s 1 location, and maintenance of all or identify.. sign business eoperatingCity" proposed sign will not advertisTherefore the proposed of products. City, but will advertise a variety purpose ,of. the :sign off -site advertising sign may not be, consitentwith the. s Ordinance. an olicies it should also ' be noted that. . one of. the. established i s�G preser eland Penha.nce relative to community design is to, among o image of the community through the development of the visual character and 3:topinion that the establishment of suitable sign controls. It is staffs op'business identify operating within off -site signs which do not ease advertise clutterand thereby degrade the visual the City, serve only to,increase character and image of the City. n n I TO: Planning Com6issi6hv-3: Staff has been unable.,.to idertify;.' any exceptional. or extraordinary circumstances' that would'justify this request for'an off -site advertising sign on-a'commercially zoned property with an existing;residential use on a:porton of the site. Further, there does not appear to be an infringement upon tha property ':;owners rights:,: should.: this request ..'be' denied. The applicantta statement., regardin^J ; the,, ;preservation . oft- apen_' space � and reducing the pressuro. to, ,develop the sitepby:.providing :the propertyy,owner with income from the sign to., pay, axes,,,, does; not, constitute: the protection -of a substantial property right. Further, it:,is.ataff`s opinion that.,.approval of this exception permit would be detrimental to the neighborhood.%Nand'v',to the City inasmuch as a precedent could be established permitting other similar signs throughout the City, _ Specific Fin di Recommendations. Section 20 06.090 of the,,Mun cipal Code,provides,that the Commission must €.nd that the granting,:, of an. exception :,-.is;:necessary to .protect a substantial ,. will not be contrary to the purpose of this Chapter as herein property right set - forth,., 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,;thei City. Staff .is :of ..the.opinion. that this :request is contrary to the purpose of the Sign Ordinance, and .than the granting 'of this -:exception permit is not necessary to ;protect a; substantial . property right. Further, the approval of this request may establish a precedent for similar signs in the future elsewhere in the City and would therefore be detrimental to the neighborhood and the City. Therefore, staff recommends the denial of this request subject to the Findings and Conditions of Denial set forth in the Exhibit "A", attached. However, if it is the desire of the Planning Commission to approve this request, the Findings and Conditions of Approval set forth in Exhibit "B" are provided PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR By Chris Gustin Associate Planner CG:tn Attachments: Exhibit "A" Exhibit "B" Vicinity Map, Picture of similar sign Plot plan & elevations of proposed sign t ' C."', V. Tel {{ E`INpTNGS AND:CONDITIONS OF' APPROVAL, y '+ r EXCEPTION PERMIT NO 11 Findings 1. That 'the `granting of, this exception permit is necessary, to pro tect,asubst:antial property right. 2.' • That .the, proposed.; off=site advertising sXgn is not '; •'' contrary to the purpose of ",the'' Sign 'Ordinance. ' . ' . That the proposed; off -site' advertising sign will -,,.- hat g not be"?detrimental ,to the, health,' safety, .-peace,, morals;. „comfort ;and :general welfare:_,0f, persons 11 residing and working'`in ;the :neighborhood or 'be ' detrimental;: or',:. injurious to property an �. improvements;, in the neighborhood ;of the `•general welfare of the.City. 1 Conditions:`:' " 1. That the proposed signs shal- be -in substantial conformance:,' with the approved plans except as it noted below. 2. That this approval be for a period of one extenshall year, and any s on, shall. be subject; to •the ' approval of the Modifications Committee. 3. ...That the subject off site sign, if illuminated, �I shall be•turned off by 11:00 p.m. daily. ! � 1 tit 64. � L.�.., ��' wro+:r —� - �. �� ir��i� lt' '� •y '�' J• f srt;•i: r�� r�.�r f - i�v;l .A. 1ts1S � `(� '1 r!R' �� +�i1 � .�: �1 `.G 't( L.. 1 .•, �j� ,� f' i � � ... .r. t'.x• t' a Ji" . .JI /•" 'W��t ,; f` I fy � 1. e • �" �Mnlr� - � �"�r 'i y i •Y �_ 2 f' � � � N '�„��1�'yj�i� ��Jk <<� �,,. � ✓ �,++ %- ,` 'y .4 i t`- �.•7i'�'►R`il.�s�•-�.• � .►_. _ i .r.. :•�`a:_?.XaZ11 ....:•�.).i.^�... •S.r/.<. ..�.:.w•. -.��. JsG :l+a:�..`V-�..�a� `i�.. -._"'• PLANNING DEPARTMENT-, PLAN ` REVIEW; REQUEST .. Date ;.Junc� 5, .19g2 PLANNING DIVISION }{ PLANS ATTACHED (PLEASE'RETURN) _ADVANCE `PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEER'' PLANS ON FILE 2N PLANNING DEPT. FIRE: DEPARTMENT -PLAN REVIEW DIVISION !PARKS & RECREATION `POLICE DEPARTMENT MARINE SAFETY GRADING APPLICATION OF Independent Outdoor Advertising FOR Exception Permit No. 11 install a 6' x ;12' off -site advertising sign mounted on a 8' pole Re uest to g roperty located in she C-1-H District. on ON PROPERTY LOCATED AT: 332 North Newport Blvd. REPORT REQUESTED BY: June 10, 1982 COMMISSION REVIEW: June 24, 1982 COMMENTS: DATE SIGNATURE PLP►2didING , DEPAi2Ti!lEN 4 ,m PLAN REVIEW REQUEST date jun6'.3, :'1982 gE' LANNING DIVISION . X PLANS ATTACNED:(PLEASE RETURN) _.ADVANCE PUBLIC`'WORKS DEPARTMENT , PLANNING DEPT. T;�AF�'IC ENGINEER PLANS ON 'FILE .IN FIRE DEPARTMENT PLAN REVIEW DIVISION ~PARKS & RECREATION POLICE DEPARTMENT MARINE SAFETY .rGRADING Independent Outdoor Advertising APPLICATION OF _ I'OR Exception Permit No. 11 sign mounted on a 8' pole 6' x 12' off-site'advertising Bequest to install a located in the C-1-H District. on property LOCATED AT: 332 North Newport Blvd. ON PROPERTY REPORT ,4EQUESTED BY: June 10, 1982 COMMISSION REVIEW June 24, 1982 COMMENTS: - SI -PLANNING :DEPAHTM1W- '' PLAN :'REVIEW REQUEST `Pate `Jung''3, 1982 . (r_ ADVANCE.PLANNING DIVISION X PLANS ATTACHED (PLEASE RETURN) ._ .,PUBLIC WORKS DEPARTMENT ,TRAFFIC -ENGINEER' PLANS ON FILE IN PLANNING DEPT. FIRE DEPARTMENT ' PPLAN"REVIEW`AIVISION SPARKS & RECREATION POLICE DEPARTMENT MARINE SAFETY `GRADING APPLICATION OF Independent Outdoor Advertising FOR Exception Permit No. 11 install a 6' x 12' off -site advertising sign mounted on a 8' pole Request to on propertylocated in the C-1-H District. ON PROPERTY LOCATED AT: 332 North Newport Blvd. REPOZT REQUESTED BY: June 10, 1982 COMMISSION REVIEW: June 24, 1982 COMMENTS T - 4 DATE SIGNATURE E { 91� _.._____ --4 711