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Home My WebLink AboutComprehensive Sign Code Update & Sign Design Guidelines Manual (PA2005-091)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 May 5, 2005 TO: Honorable Chairman and Members of the Planning Commission FROM: Planning Department Tamara J. Campbell, AICP, Senior Planner George A. Berger, AICP; Econ. Devt. Program Manager (949) 644 -3207; gaberger @city.newport- beach.ca.us SUBJECT: Comprehensive Sign Code Update and Sign Design Guidelines Manual Review and discuss recommendations to update Chapter 20.67 of the Municipal Code and Sign Design Guidelines, receive public testimony, provide staff with direction on any revisions and on the proposed amortization program and incentives, and continue the hearing to June 9, 2005. BACKGROUND: In June 2003, the City Council entered into a Professional Services Agreement with RBF Consulting, Inc. for a comprehensive update of the City's sign code (Chapter 20.67 of the Municipal Code) and preparation of a sign design guidelines manual. From that period forward, the consultant has met over a dozen times with City staff, completed several drafts of the Code and prepared the sign design guidelines. As directed in the scope of work, an ad hoc Steering Committee was formed and comprised of representatives from the Business Improvements Districts, the City's two Chambers of Commerce, the Irvine Company, a community resident and a local architect. The nine - member Steering Committee met to discuss sign code related issues six times, and at their last meeting on April 11, 2005, voted 5 — 0 (4 members were absent) to recommend adoption of the attached Code. A copy of the Steering Committee's recommended Code is attached as Exhibit A. The Design Guidelines are attached as Exhibit B. Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 2 To solicit broad public input, including sign manufacturer /contractor participation, the consultant conducted four public workshops. An extensive effort to publicize the workshops on the new Sign Code included direct mailing to all homeowner's associations, approximately fifteen sign contractors, over ten thousand business owners and commercial property owners and publishing two 1 /8th page ads in the Daily Pilot. Informational pieces and invitations to the public workshops were distributed at Business Improvement District Board meetings, business association meetings, throughout City Hall, at the City's libraries throughout town, and at the Newport Beach Chamber's Business Expo. Staff and the consultant also presented the draft to the Economic Development Committee (EDC) in November 2004. In addition to staff team and Steering Committee meetings, a comprehensive analysis of the Code was conducted by the City Attorney, and by outside expert legal counsel. That expert legal counsel recommended changes to the proposed Code as a result of recent court decisions and rapidly- changing sign legislation. The proposed Code is the result of substantial discussion and legal review, and will provide the City with legally enforceable, updated sign regulations that enhance the aesthetic quality of future signage while protecting the ability of business owners to identify their businesses. Finally, the Steering Committee recommends an amortization program for all signs that become non - conforming when the new Code is adopted. CODE PROVISIONS: Applicability. The new Code will apply to all new signs in Newport Beach, with the exception of the Newport Coast and Ridge Planned Communities and where sign regulations are not referenced in the Santa Ana Heights Specific Plan, and all other commercially -zoned Planned Communities. The Balboa Sign Overlay and Mariner's Mile sign regulations will be repealed since most of those provisions are incorporated into the new Code. It should be noted that there have been no changes proposed to the City's rules for real estate or service station signs. Regulations for service station signage have been established by state legislation, so the City is limited in its ability to regulate signs for such uses. Definitions. An expanded section for definitions clarifies existing and new sign nomenclature. New definitions for commercial mascots, projection signs and vehicle signs have been included. Signs that are not to be considered signs for regulatory purposes are also clarified; examples are interior signs, legal notices, architectural features, news racks and news stands. The Planning Commission's recent direction for the differentiation between painted signage and murals has also been integrated into the definitions. Prohibited Signs. The list of prohibited signage has been expanded to include abandoned signs, changeable copy signs (except as permitted through a Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 3 Comprehensive Sign Program), commercial mascot signs, pole signs, roof signs and vehicle signs. The prohibition of pole and roof signs is one of the more significant new provisions of the proposed code. The Steering Committee found these types of signs to be the most distracting from the community's aesthetics, and the most out -of -step with contemporary quality sign design. However, pylon and monument signs — freestanding signs that require more architectural treatment —are still allowed and encouraged where appropriate. Sign Area Computation, Number of Signs and Sign Height. A significant revision in the proposed regulations is that the amount of total allowed building signage has been reduced from a maximum of 200 square feet to 75 square feet. This is a substantial reduction; it is, however, appropriate to the proportionate size of commercial buildings and storefront tenant spaces in Newport Beach, most of which have a relatively small amount of fagade square footage per linear feet of actual building front. To allow for flexibility, though, several exceptions will be available to applicants if warranted, through the approval of a modification permit or by taking advantage of a newly - proposed component of the sign code —the Innovative Sign Program, which is discussed on page 5 of this report. Also new, applicants will now be required to designate 'primary' and 'secondary' frontages for building signage, whereas the previous Code allowed the same amount of signage on any side of a building. The new regulations propose allowing only one -half of the sign face area permitted on primary frontages on a secondary building frontage. This will reduce excess signage and significantly improve community aesthetics while still allowing sufficient business identification. The proposed Code also reduces overall sign height from 25 feet to 20 feet for pylon signs, and establishes an 8 -foot maximum height (with a 6 -foot average height) for freestanding monument signs. Of course, if an applicant desires additional signage, a request could be made for a Comprehensive Sign Program (discussed later in this report) or a Modification Permit. Illuminated Signs. Land use conflicts and concerns about excessive lighting have been issues in sign approvals, and the proposed Code specifies more restrictive illumination requirements than the current regulations. Staff and the Steering Committee were particularly concerned with illuminated signs that face Newport Harbor. Although it is not a new concept in actual staff policy, the Steering Committee recommended that the Code incorporate the ability of the Planning Director to oversee a 30-day review period to determine whether a reduction in illumination is necessary due to negative impacts on surrounding property or to the community in general. The new Code stipulates that the Planning Director may order the dimming of any illumination found to be excessively bright. Standards for Specific Types of Permanent Signs. This section has been added to provide speck regulations for certain types of signs that have proven problematic in the past and which will be aesthetically improved with minimum design standards in the Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 4 future. The new Code limits the amount of signs on awnings to 50 percent of the awning's surface, and prevents them from simply being backgrounds for signage. Freestanding signs will now be subject to site distance, landscape, and lettering size requirements. Luminous tube (neon /argon) signs will be allowed only if they produce less than 30 milliamps per circuit when adjacent to commercial properties and less than one -half foot - candle when adjacent to residential uses. Luminous tubing will no longer be allowed to outline windows, doors, and /or buildings. Standards for cabinet (also known as 'can' -type) signs have also been revised, both in their definition and their standards for approval. Although cabinet signs may still be internally or externally illuminated, internal illumination will be permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the actual lettering and/or a registered trademark or logo. This is a significant modernization, coming from within the sign industry itself, and a reversal from the past industry standard of installing a metal 'can' which is then fitted with a translucent Lexan panel on which lettering or logos are applied with opaque paint. Temporary Signs. The standards for temporary signs and banners have been revised to be somewhat more restrictive and to provide additional clarity for Code Enforcement staff and the public. In particular, time limits have been reduced from 90 days to 60 days per calendar year, and revocable encroachment permits will now be required for all portable a -frame signs in the public right -of -way, pending an amendment to Title 12 of the Municipal Code. Regulations pertaining to the placement of temporary signage and requirements for temporary sign removal are also included. Modification Permits. To deviate from provisions pertaining to height, type, location, number and area of signs, a modification permit may be obtained. This is similar to the existing code, but the requirements have been expanded to incorporate recently adopted findings. Modification permits are now issued by the Zoning Administrator (ZA) instead of the Modifications Committee. Actions of the ZA may be appealed to the Planning Commission. Comprehensive Sign Program. The Balboa Sign Overlay, adopted in November 2000, included a Comprehensive Sign Program (CSP) process which will now be available citywide. The purpose of such a program is to integrate all of a project's signs, including any 'project identification' signage, with the overall site design; and to establish a unified architectural statement. Importantly, a CSP is intended to achieve, not circumvent, the intent and purpose of the new sign regulations. A CSP will be required for a number of projects including but not limited to: • any project with 3 or more tenant spaces; • theatre or cinema signage; • projects located on parcels with more than 300 lineal feet of frontage; Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 5 • whenever signs are proposed to be located on or above the 2nd story on a multi- story building; and • applications that vary substantially from the basic regulations. It is proposed that Comprehensive Sign Programs will be subject to review and approval by the Zoning Administrator. Innovative Sign Program. The Balboa Sign Overlay also established a "Creative Sign Program," which —based on input from legal counsel —has now been restructured as the "Innovative Sign Program" (ISP). It, too, is proposed for citywide use. The purpose of the ISP is to encourage signs that are unique in their design approach; and to provide a consistent review process for the application of regulations for unique signs. ISPs will be subject to Planning Commission approval, in order that the community's reviewing body ensures that the proposed sign(s) are consistent with the intent and purpose of the regulations and design guidelines. Although it is proposed that an applicant for an "innovative sign" may request up to 20 percent more sign area than otherwise allowable, speck design criteria are included that deal with design elements, architectural criteria and contextual criteria so that the Code intent is carefully weighed. This program is designed in many ways to provide balance for the more stringent provisions proposed for sign area and for the general prohibition of roof and pole signage. Innovation in signage — particularly within the commercial villages —is a part of the aesthetic fabric that separates Newport Beach from many of our surrounding communities, and is something expressed strongly by a majority of individuals at community meetings. Amortization of Nonconforming Signs. The existing sign regulations allow for the perpetual continuation of legal signs made nonconforming due to adoption of the new regulations if they do not become subject to nuisance or public safety concerns. The Steering Committee recommends that the new Sign Code establish a 15 -year amortization program for all signs that do not comply with the new regulations. The duration of an amortization period is mandated by California law. The Steering Committee believes that to achieve the City's goals of improved signage citywide, an amortization program for the earliest possible removal of non - conforming signage is the most effective approach. Staff, however, has concerns that such an amortization program will be extremely costly, and substantially difficult to achieve. There are very specific legal requirements set forth in state law mandating an inventory of all nonconforming signs, noticing of all property owners, and complex administrative procedures for the full fifteen -year duration of the program. An inventory of all signs within the City to determine which signs are nonconforming would conceivably take many months of full -time work, at substantial cost; and —with the constant changeover in the business community—a citywide inventory would be out -dated from the moment it is begun. Further, the inventory would Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 6 need almost constant updating, in that periodic notification of all sign owners (whether property or business owners, or both) is recommended, so that the completion of the fifteen year amortization does not come as a complete surprise to new owners of 'old' signs. Finally, the City s existing 'sign permit' system of record management has proven to be an obstacle to administration of even the existing Balboa Sign Overlay amortization program, in that there are many signs that pre -date the requirement for a permit of any kind, and the existing process of permitting signs through the building permit system has not required complete plan information so that the sign supposedly permitted can be verified as the sign that is presently installed. This process, of course, is proposed to be updated, and a new sign permit process has been proposed. An alternative that staff considers more manageable would be to limit the amortization program to a much smaller scope consisting of existing roof - mounted, freestanding 'pole' signs, and 'cabinet' (or 'can -type') signs with non - opaque backgrounds. The number of these signs is far fewer than the total number of all potentially - nonconforming signs Citywide, and the inventory and management of this number might be possible over the years. Additionally, opposition to these types of signs throughout the public outreach process suggests that amortizing them would be supported by the community. Additional study would be required to determine the cost associated with this type of amortization program. Another alternative may be to limit the amortization of signs (or certain types or signs) to speck geographic area(s), such as Corona del Mar, Mariner's Mile, or Old Newport Boulevard. Additional study would also be required to determine costs associated with this type of amortization program. Staff is requesting that the Planning Commission provide additional direction relating to the amortization of signage as it results from the adoption of these proposed regulations. Incentive Program. The Steering Committee also recommends that, in addition to the 15 -year amortization program for all signs, financial incentives should be provided to encourage earlier removal of non - conforming signs — similar to those established by the Balboa Sign Overlay. Items in the BSO incentive program included: • financial reimbursement for removal of legal non - conforming sign(s); professional design services to replace the non - conforming sign(s) with a conforming one(s); construction and installation of the selected sign, and waiver of all fees for a new sign permit during the initial year of the program; • financial reimbursement for the removal of legal non - conforming sign(s); professional design services for conforming designs, and waiver of all fees for a new sign permit for the second and third program years but the applicant was obligated to have the sign constructed and installed at their expense; Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 7 financial reimbursement for the removal of the legal non - conforming sign(s), along with the waiver of all fees for a new sign permit for the fourth and fifth program years; and finally, financial reimbursement to the applicant for fifty percent (50 %) of the cost to remove and dispose of the non - conforming sign(s); and waiver of all fees for a new sign permit during the sixth and seventh program years. It should be noted that although an outreach effort consisting of letters mailed directly to sign owners —and even direct contact with some owners —was conducted, the City received only a limited number of requests for the financial incentives. Based on that limited success over a three year period, funding for the incentive program was not renewed. Should, however, the Planning Commission and City Council determine to include financial incentives, staff recommends that a more limited and simple program be established. We are suggesting a specific financial incentive be provided for the early removal of a (qualifying) non - conforming sign and installation of a conforming sign. Possible incentives could be specific dollar amounts (perhaps declining over time) or the waiver of permit fees. Heritage Signs. On their adoption, the Mariner's Mile sign regulations provided for a new concept known as 'Heritage Signs.' The designation of a sign as a 'heritage sign' allows for the continued existence of an otherwise nonconforming sign if the sign, or the establishment associated with the sign, is determined to have historical or local significance. The Steering Committee recommends that these regulations be applied citywide, has recommended provisions that pertain to process, criteria, appeals and alteration, and has recommended that the City also be allowed to act as an applicant for the heritage sign process. SIGN DESIGN GUIDELINES MANUAL: A Sign Design Guidelines Manual is intended to supplement the new sign regulations. The guidelines establish criteria for the creation of well- designed signs, and further the intent and purpose of the new sign code. The manual will assist business owners and sign designers in the creation of new signs that meet the City's expectation for well - designed, quality signs. City staff will also benefit from the Guidelines when reviewing sign permit applications, since criteria are included to help to judge the appropriateness of a sign's design. It is important to note that the Guidelines are not strict "standards" as are found in the sign regulations. The approval authority — whether staff or the Planning Commission- Sign Code Regulations and Sign Design Guidelines. May 5, 2005 Page 8 may interpret the Design Guidelines with some flexibility as they are applied to specific signs /projects. This is in recognition that not all design criteria may be applicable or appropriate for each sign or project. Although the process is continually being refined, staff and applicants have worked together to obtain consensus on signage that is appropriate to the area as well as to the business being advertised in the areas covered by both the Balboa Sign Overlay and the Mariner's Mile Design Framework. The Design Guidelines Manual includes guidelines for compatibility, legibility, location, color, illumination, materials, and construction. Specific criteria are also given for wall and building signs, projecting signs, window signs, awning signs, freestanding monument signs and figurative signs. Environmental Review: Not subject to CEQA, as the activity is not a project as defined in Section 15061 (b) (3) (General Rule). Further, the proposed amendment is in compliance with City Council Policy K -3 (Implementation Procedures for the California Environmental Quality Act) Section (D) (2) ( c ). Prepared . A %/ :� I i Submitted by: CA VAN ON- A 80a V Attachments: Exhibit A — Proposed Sign Code Exhibit B — Proposed Sign Design Guidelines WO I�, Chapter 20.67 20.67.xxx — Purpose .................................................................................... ..............................2 20.67.xxx — Effect of Chapter ...................................................................... ..............................3 20.67.xxx — Definitions ................................................................................ ..............................6 20.67.xxx — Prohibited Signs ...................................................................... .............................14 20.67.xxx — Provisions Applying to All Sign Types ..................................... .............................15 20.67.xxx — Standards for Permanent Signs .............................................. .............................18 20.67.xxx — Standards for Specific Types of Permanent Signs .................. .............................23 20.67.xxx — Standards for Temporary Signs .............................................. .............................35 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations .............................40 20.67.xxx — Modification Permit ................................................................. .............................43 20.67.xxx — Comprehensive Sign Program ................................................. .............................44 20.67.xxx — Innovative Sign Program ........................................................ .............................46 20.67.xxx — Nonconforming Signs .............................................................. .............................47 20.67.xxx — Abandoned Signs .................................................................... .............................48 20.67.xxx — Illegal Signs ............................................................................ .............................49 20.67.xxx — Maintenance Requirements .................................................... .............................50 20.67.xxx — Heritage Signs ......................................................................... .............................51 Sign Code Revisions — Public Review Draft — March 2005 Page - 1 OCity of Newport Beach Sections: 20.67.xxx — Purpose 20.67.xxx — Effect of Chapter 20.67.xxx — Definitions 20.67.xxx — Prohibited Signs 20.67.xxx — Provisions Applying to All Sign Types 20.67.xxx — Standards for Permanent Signs 20.67.xxx — Standards for Specific Types of Permanent Signs 20.67.xxx — Standards for Temporary Signs 20.67.xxx — Procedures for Sign Approval, Exemptions, and F 20.67-um — Modification Permit 20.67.moc —Comprehensive Sign Program 20.67.xxx — Innovative Sign Program 20.67.xxx — Nonconforming Signs 20.67.xxx —Abandoned Signs 20.67.xxx — Illegal Signs 20.67.xxx — Maintenance Requirements 20.67.xxx — Heritage Signs 20.67.001: — Purpose The City of Newport Beach is a unique community located in ai setting. Because of the need to protect and enhance the City's L standards, to protect public safety and property values, and enhanced aesthetic appeal, the City Council finds that proper governmental interest. Therefore, the intent of the standards in t A. Provide each sign user an opportunity for adequate excessive and confusing proliferation of signs by z and manner under which signs may be displayed. B. Preserve and enhance the community's appearance by quality, design, character, scale, color, illumination, and Sign Code Revisions — Public Review Draft — March 2005 extraordinary environmental nique character and aesthetic to promote tourism through sign control is an important its Chapter is as follows: while guarding against the regulating the time, place, the type, size, location, of signs. Page - 2 1?. City of Newport Beach a •<.roaMJ C. Encourage signs that are well designed and that attract and invite rather than demand the public's attention. D. Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with their surroundings. E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content - neutral approach to sign regulation. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors. G. Provide a review and approval process for signs to ensure compliance with the requirements of this Chapter. 20.67.xxx — Effect of Chapter A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City of Newport Beach and over which the City has zoning authority. Regulations for signs on public property are codified in Chapter 13.xx.xxx (Public Rights of Way). B. Applicability. The regulations in this Chapter shall apply to all signs in all zoning districts that come within the regulatory scope as defined in Paragraph A, above, unless specifically exempted. In addition, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties, and a method of enforcement shall also apply. Applications for sign permits that comply with the requirements of this Chapter, and other applicable laws, shall be approved. Sign Permits shall be required in compliance with Section 20.67.xxx (Procedures for Sign Approval, Exceptions, and Revocations). Where approval of a use permit, variance, modification permit, site plan review, or design approval has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter. This may not be the only portion of this Code that applies to signs. C. Sign Permit required. A Sign Permit shall be required for all signs allowed under the provisions of this Chapter. In addition, signs that require a Sign Permit shall be subject to approval by the Planning Director, Zoning Administrator, or Planning Commission in conjunction with their sign approval authority. Only signs that comply with the provisions of this Chapter shall be approved. Additionally, the sign design guidelines that have been adopted by the City Council shall be applied to guide the Planning Director, Zoning Administrator, and /or Planning Commission in administering this Chapter. Refer to Section 20.67.xxx (Procedures of Sign Approval, Exceptions, and Revocations) for Sign Permit requirements. Sign Code Revisions — Public Review Draft — March 2005 Page - 3 13 City of Newport Beach G4ppPNi D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 20.67.xxx (Nonconforming Signs). E. Planned Community Districts. In Planned Community (PC) Districts, sign regulations contained in the planned community development plan shall supersede the requirements of this Chapter. If the planned community development plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail. Service station signs in Planned Community Districts shall be subject to the provisions of Section 20.67.xxx.(k)(2) (Service station signs) unless more restrictive sign regulations are contained in the planned community development plan. F. Santa Ana Heights Specific Plan. Signs proposed in the Santa Ana Heights Specific Plan area are subject to the provisions set forth in the Specific Plan document. The regulations contained in the Santa Ana Heights Specific Plan shall supercede the requirements of this Chapter. 20.67.xxx — General Provisions The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the contrary. A. Message neutrality. It is the City's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages and viewpoint neutral as to commercial messages. B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter. C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages. Substitution of messages may be made without additional approval or permitting process.. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. Sign Code Revisions — Public Review Draft — March 2005 Page - 4 A i City of Newport Beach e� D. Rules for non - communicative aspects of signs. Rules and regulations concerning the non - communicative aspects of signs, (e.g., type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or approval process. E. Multiple use zones. In a zone where both residential and non - residential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and non- residential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. F. Billboard policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboard constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code section 5412. G. Property owners' consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. H. Legal nature of signage rights and duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign - related provisions in private leases, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures. Sign Code Revisions — Public Review Draft — March 2005 Page - 5 15 aEwr� City of Newport Beach 3 G4sOn•S I. Sign programs. Sign programs (comprehensive, innovative), voluntarily proposed for specific developments and Planned Communities, as well as special sign districts or special sign overlay zones, when approved by the Zoning Administrator and /or Planning Commission may modify the rules provided in this Chapter as to sign size, height, illumination, spacing, orientation, or other noncommunicative aspects of signs, but may not override or modify any of the General Provisions in this section. All of the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. 20.67.xxx — Definitions For purposes of this Chapter, the following definitions shall apply: Abandoned Sign. A sign that no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, available on the site, and /or for which no legal owner can be found, or whose last known owner has not responded to an Abandoned Sign notification. Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind - actuated and other elements such as balloons, bunting, flags, pennants, streamers, whirligigs, or other similar devices. Awning. A roof -like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. Back -lit Awning. An internally illuminated, fixed, space -frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Banner Sign. A sign made of fabric or any nonrigid material with no enclosing framework. Billboard. A permanent structure used for the display of offsite commercial messages. Building Frontage. The building elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, arcade, or waterway. Building Frontage, Primary. The building frontage that is designated by an applicant as the "primary frontage" for the purpose of determining the applicable sign standards and that does not face a residential district, Newport Bay, or the Pacific ocean. Building Frontage, Secondary. The building frontage that is designated by an applicant for a Sign Permit as a "secondary frontage" for the purpose of determining the applicable sign standards, and that does not immediately face a residential zoning district. Sign Code Revisions — Public Review Draft — March 2005 Page - 6 1 City of Newport Beach Building Sign. A sign attached to or painted on a building. m� 3 Vhf OPaJ Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material. Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped ("pan face) and are attached to a metal frame (cabinet). Canopy Sign. A sign located on a permanent roof -like structure or canopy of rigid or fabric materials extending from the main entrance of a building. Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip - disks, incandescent lamps, fluorescent lamps, fiber optics, light - emitting diodes, liquid crystal displays, plasma - displays, field emission displays, or any other mechanical or light- emitting matrix to convey changing copy or images. Also considered an animated sign. Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards, and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. Commercial Message. A message displayed on a sign that relates primarily to economic interests such as the exchange of goods or services. This definition shall automatically incorporate court rulings defining the term "commercial speech." Construction Project Sign. A temporary sign displayed on the site of a construction project during the time period that begins with the issuance of a building permit, or its functional equivalent, and ends with the issuance of the earliest of the following: a certificate of completion, a certificate of occupancy, a final inspection sign -off, or the functional equivalent of any of them. Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Department. The Planning Department of the City of Newport Beach. Directional Sign. An on- premise sign giving directions, instructions, or facility information of an establishment but no advertising copy, e.g., parking or exit and entrance signs. Sign Code Revisions — Public Review Draft — March 2005 Page - 7 1 City of Newport Beach m �4roRNJR� Directory Sign. A sign listing the tenants or occupants of a building or building complex. Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message. Double -Faced Sign. A sign designed with the intent of providing copy on both sides. Double -Faced Sign Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, "establishment" includes stores, offices, churches, hospitals, manufacturing facilities, etc. Does not include home -based occupations or hobbies. Externally Illuminated Sign. A sign illuminated from an exterior light source. Facade. The entire building elevation, including the parapet. Face of Sign. The area of a sign on which the copy is placed. Flag. A rectangular piece of fabric of distinctive design that is used as a symbol, as a signage device, or as a decoration. Sign Code Revisions — Public Review Draft — March 2005 Page - 8 C 75 @WP City of Newport Beach Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground - mounted signs (monument signs). Freestanding Pylon Sign Freestanding Monument Sign Frontage, Street. The length of the property line of a parcel along a right -of -way on which it borders. Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station. Future Tenant Sign. A sign identifying a building tenant or occupant that has not yet occupied the building or opened its establishment. Illegal Sign. A sign that does not meet the requirements of this chapter and that is not a legal nonconforming sign. Illuminated Sign. A sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area. Innovative Sign. A sign that incorporates design elements, objects, shapes, materials or techniques that may cause the sign to not conform to certain dimensional or placement requirements of this Code, approval of which is subject to meeting the objective criteria described in Section 20.67.xoa (Innovative Sign Program), below. Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet. Sign Code Revisions — Public Review Draft — March 2005 Page - 9 11 City of Newport Beach 9 Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business or presence of parking. Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only. Inflated Display Sign. A three - dimensional object filled or activated by moving or non- moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasium devices commonly used for children's parties. Logo. A sign consisting of a trademark or symbol used to identify a business. Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically - charged gas - filled tubing, such as neon and argon signs, or by fiber optics. Monument Sign. A freestanding sign supported by a solid architectural element at its base. Multiple Family Structure. A residential structure containing 3 or more living units. Mural. A large, artistic image or design painted or affixed to the exterior surface of a structure that is not a sign. Nameplate. A sign indicating the name and /or address of a building or occupant. Nonconforming Sign. A sign, outdoor advertising structure, or display that was originally lawfully erected and maintained, but which does not conform with the current standards of this Code or is now prohibited. Noncommercial Message. A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term "noncommercial speech." Off -site Message. A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off- site /on -site distinction applies only to commercial messages. On -site Message. A message on a sign advertising the business, accommodations, services, or activities provided on the premises on which the sign is located. The off- site /on -site distinction applies only to commercial messages. Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall, including fences. Parapet. The extension of a false front or wall above a roofline. Sign Code Revisions — Public Review Draft — March 2005 Page -10 a City of Newport Beach 0 Pedestrian Sign. A sign designed to be viewed at a pedestrian level. Permanent Sign. A sign designed with durable materials and intended to be used in excess of 60 days per calendar year. Planning Director. For purposes of this Section only, the Director of the City's Planning Department, or the Director's designee. Pole Sign. A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. Portable A -frame Sign. A freestanding portable sign usually used on public sidewalks. These signs are usually small and are removed at the close of business. Typically hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter A. Typically constructed of wood, metal, or plastic. Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Projector Sign. A sign that is projected onto a surface using an intense source of illumination to project the image. Projecting Sign. A sign that projects from and is supported by a wall of a building. Projection. The distance by which a sign extends from the building it is supported by. Sign Projection Promotional Temporary Banner. A temporary sign or banner displayed by an establishment to advertise events such as sales, seasonal events, liquidation sales, and going out of business sales. Sign Code Revisions — Public Review Draft — March 2005 Page - 11 City of Newport Beach m G4row�w5� Public Service Sign. Signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags. Pylon Sign. A sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least 6 inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support. Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent, but not including signs advertising transient occupancy, such as hotel or motel accommodations. Residential Name or Identification Sign. A sign identifying the name or address of a residence and /or its occupants. Restaurant Menu Sign. Menus displayed on the exterior premises of a restaurant, visible from the public right of way. Rider. A small sign attached to a larger sign and intended to convey information not conveniently incorporated into the text of the larger sign. Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections. Roof Sign. A sign erected upon or above a roof of a building. Sign. Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right -of -way or parking area. The following are notwithin the definition of "sign" for regulatory purposes of this Chapter: a. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet from the window, provided the building or enclosed structure is otherwise legal; b. Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts); c. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are Sign Code Revisions — Public Review Draft — March 2005 Page - 12 �a City of Newport Beach permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices; Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale; e. Fireworks and other lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this Chapter. f. Newsracks or newsstands. g. Legally required information, such as public notices, registration or licensing information, etc. h. Murals. Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign. Super Graphic. Images, graphic elements, and logos, including required corporate logos, that are affixed to or painted on a structure, that may not be the textual portion of a sign. Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time. Tenant Frontage. That portion of a multi- tenant building facade that is devoted to a single tenant. Valance. The part of an awning that hangs vertically down from the shed (sloped) portion of an awning. Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be "Vehicle Signs," and are not regulated as Vehicle Signs: a. License plates. b. License plate frames. c. Registration insignia. Noncommercial messages painted on or otherwise attached in a manner such that the vehicle can be legally operated on public rights -of -way, or any noncommercial message that does not exceed a total of three square feet in size. Sign Code Revisions — Public Review Draft — March 2005 Page - 13 3 a City of Newport Beach a G4 ppaM� e. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner such that the vehicle can be operated on public rights -of -way. f. Commercial messages that do not exceed a total of three square feet in size. g. Commercial messages on duly licensed mass transit vehicles that pass through the City. Wall Sign. A sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Window Sign. A sign that is applied or attached to a window or located within 5 feet of the inside of a window in manner that it can be seen from the exterior of the structure. 20.67. xx — Prohibited Signs The following signs and sign types shall be prohibited throughout all zoning districts of the City. A. Painted signs. Painted signs on fences or roofs except addresses. B. Hazardous location. Signs located in a manner that the sign or a portion of the sign or sign supports interfere with the free use of a fire escape, exit or standpipe, or obstruct a required door, stairway, ventilator, window or other public way or are otherwise hazardous. C. Beams of light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal. D. Luminous tube lighting (e.g., neon, rope lighting). Luminous tube lighting shall not be used to outline or frame doors and /or windows. E. Prohibited sign types: 1. Abandoned signs. Refer to Section 20.67.xxx (Abandoned Signs). 2. Animated signs. 3. Changeable copy signs, except as a component of another type sign allowed through the Comprehensive Sign Program. 4. Commercial mascots. Sign Code Revisions — Public Review Draft — March 2005 Page - 14 City of Newport Beach ��4roaM�� 'T 5. Inflated display signs. 6. Pole signs. 7. Roof signs, unless a needs -based variance is granted. 8. Vehicle signs, subject to the definition of Vehicle Signs in 20.67.)= (Definitions), above. 20.67.xxx — Provisions Applying to All Sign Types A. Compliance required. No person shall erect, re- erect, construct, enlarge, alter, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Zoning Code. B. Uncertainty of Chapter provisions. The Planning Commission shall have the authority to interpret the provisions of this Chapter at the request of the Planning Director, or when an appeal for a decision of the Planning Director is filed with the Planning Commission in compliance with Section 20.95 of this Chapter. C. Sign construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign. D. Sign area computation. 1. The allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a "primary" or "secondary" building /tenant frontage (as defined in this Chapter) and then referring to the tables in Section 20.67.xxx (Standards for Permanent Signs). The allowed sign area for a freestanding sign is determined by the number of linear feet of the street frontage where the sign is to be placed in compliance with the tables in Section 20.67.xxx. 2. The entire area contained within the frame, cabinet, fixture, or design, including all ornamentation, super graphics, or other decoration used to attract attention that can be enclosed in no more than 4 lines drawn at right angles shall be included in the measurement of sign area. In the case of "skeleton" or "cut -out" letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, logos, or symbols within a single continuous perimeter with no more than 4 lines drawn at right angles (square or rectangle). Sign Code Revisions — Public Review Draft — March 2005 Page -15 a5 City of Newport Beach 4�aocA. i+r,..� —.... o...... :L L nim Sign Area 3. Only one face of a double face -faced sign shall be counted in computing the permitted area of the sign. Double -faced (back -to -back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed 2 feet at any point. If the sign is multi- faced, then each face shall be counted in computing the permitted area of the sign. 4. Supporting framework or bracing that is clearly incidental to the sign shall not be computed as sign area. Sign Code Revisions — Public Review Draft — March 2005 Page - 16 4 P City of Newport Beach � �EW�� `�� c.�;rop„u 5. Where a sign consists of one or more three - dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue -like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. Signs may not contain three - dimensional objects that exceed a projection of 6 inches from the sign face, unless such signs are allowed as part of an approved Innovative Sign Program. F. Sign height measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the grade of the adjacent street or the surface grade beneath the sign, whichever is lower. G. Sign removal or replacement When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building. H. Illuminated signs. The following standards shall apply to all illuminated signs: 1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. 2. Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and /or a registered trademark or logo. 3. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign including signs that face Newport Bay. 4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. 5. Reflective -type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right -of -way or adjacent property. 6. Light sources shall utilize energy - efficient fixtures to the greatest extent possible. Each illuminated sign shall be subject to a 30 -day review period, during which time the Planning Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Planning Director may order the dimming of any illumination found to be excessively bright. The Director's determination will be made without regard to the message content of the sign. Sign Code Revisions — Public Review Draft — March 2005 Page -17 1 City of Newport Beach (9 20.67.xxx — Standards for Permanent Signs Tables 20= and 20.xx provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. 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Olio :o _ 46 E °3 {LN amEO m �3m z c m CE m m to C C G O Oa 1 r. ti N M o� d 3� �/~ ��} 5 � � C- U m Q � � 0 � 2 Q � 0 � U � IL IL N k z � e e } ■ � � � k � ■ ) & G \\ \�! r< kƒf kƒ) @ ] z f0 2§ }2/ $)w ] { \r$• ,_ @_� Ik) \2§itk Z E_o \ (t ) |)t)k) e§f §(\/ k�k 2 \0 !\�$0 § CA K0 \ / {)\ 27§ ti El < �� /} 0 _ 2t ®®E E�# M 9{ §`« 'o {E | §{ \ �m/ ^f \ m / ].J ]R � fE�m0 E. aEa22$( .0 WOK 7 ° �(k/ §§ m )k -a- "0 272 \Z k0 C:iLm §� mg $ \\ { //j k7! ■> 0 7% /m7 tA ; /_, \ !6 _ o k: *o R co Amy -0 /\cc aJ$ as � IL IL N k z � e e } ■ � � � k � ■ ) & G \\ off'+ i bv2 'a un N d .Q 16 H .r • U �a �L 01 O� N .H O Z N c W pJ VI N Z C n �.I m v io c rn 0 y C eCe11 a� iZ E N a c O O� 0 C 3 ,m S� �$c �N 41 L v c C Zi Oi C N a c m a C d Q 3 c V O C t' C N C a � p� a N J m� C ac '� & 'm c� n � v o E m m v C yyr W av c 0:6 m5 �C E rn� m � c 'a £ m V � C � N o go m 3�C IE d N N Df 6 3?- City of Newport Beach ge l rn ! 2O.67.rooc — Standards for Specific Types of Permanent Signs A. Awning signs. 1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel — shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning. 2. Only permanent signs that are an integral part of the awning shall be allowed. Temporary signs shall not be placed on awnings. 3. Awning signs shall be allowed for first and second story commercial occupancies only. 4. Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The upper most part of an awning shall not be located more than 2 feet above a window or door. 5. Awnings shall not be lighted from under the awning (back -lit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed. 6. A minimum of 8 feet of clearance shall be provided between the lowest part of an awning and the grade below. Sign Code Revisions — Public Review Draft — April 2005 Page - 23 5� City of Newport Beach Required Clearance Below Awning a�Ew°°a> �4secNJ 7. Awnings shall be regularly cleaned and kept free of dust and visible defects at all times. B. Changeable copy signs. A sign that contains a changeable copy element may be permitted through the approval of a Comprehensive Sign Program in compliance with Section 20.67.xxx (Comprehensive Sign Program) provided the changeable copy element is a component of another sign type permitted under the provisions of this Chapter. Approval shall not be based on message content. C. Freestanding signs. 1. Freestanding signs include ground - mounted signs (monument) and pylon signs. Freestanding signs shall be allowed only for parcels with at least 50 feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of 40 feet. 2. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below: a. Pylon sign: Maximum height = 20 feet b. Monument sign: Maximum average height = 6 feet; Maximum overall height = 8 feet, including decorative elements and architectural features c. Proportional dimensions shall be as follows: Sign Code Revisions — Public Review Draft — April 2005 Page - 24 1 3 City of Newport Beach _m 1) Pylon Sign Maximum W = 30% x H Maximum LH = 33% x H Maximum O = 50% x W Minimum LW = 25% x W 2) Monument Sian H= height inclusive of the base W= width exclusive of the base Maximum W= 1.5 x average H T- - - - - - - - - - -- 3gW = H max. height SIGN AREA max. 8' avg. height H =heW SIGN W -wRah AREA LW -Ieg wldA LH =kg heigM mar. 0 m -p NN height 0= 20' Smaw =33 %ofH �� yyLH T4 LW .25% W W T- - - - - - - - - - -- max. height SIGN AREA max. 8' avg. height Sign Code Revisions — Public Review Draft — April 2005 Page - 25 5 3 City of Newport Beach 9 3. Freestanding signs shall be set back a minimum of 5 feet from a street or interior property line and a minimum of 10 feet from the edge of a driveway. 4. To ensure the readability of freestanding signs, the minimum letter size allowed shall be 12 inches. Sign copy shall not be located closer than one half - letter height to the sign edge on other line of copy. 5. There shall be a minimum of 50 feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. 6. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property. Freestanding signs in the Mariner's Mile Overlay District shall be subject to the Mariner's Mile Design Guidelines and Framework. 8. Freestanding signs shall not block visibility for motorists at intersections or driveways. 9. Freestanding signs shall not project over any building, or over any on -site driveway or vehicle circulation area. 10. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 11. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. The Planning Director may waive or modify this requirement on a case -by -case basis to take into account existing conditions. 12. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowed sign area. Sign Code Revisions — Public Review Draft — April 2005 Page - 26 3u City of Newport Beach Ground Sign with Appropriate Address D. Luminous tube signs. The use of luminous tubes for signs shall be allowed in commercial zoning districts only subject to the following requirements. 1. Luminous tube signs shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the sign. 2. The manufacturer shall be registered with Underwriters Laboratories. 3. Tubing shall not exceed one half inch in diameter. 4. Luminous tube lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line. 5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials. 6. Luminous tube lighting that surrounds a window, door, or similar element is not allowed. E. Pedestrian - oriented signs. 1. Signs may be placed perpendicular to the building facade (projecting) or mounted flat against the wall near the building entrance. 2. Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign. 3. Double -faced projecting signs shall be considered a single -face sign for the purpose of calculating sign area. Sign Code Revisions — Public Review Draft — April 2005 Page - 27 3�) City of Newport Beach 5 F. Projecting signs. 1. Signs shall not project more than 5 feet over public property and shall not project to within 2 feet of the curb line. The distance any sign may project over public property or beyond a required setback line is governed by the following table: Distance Above Sidewalk or Grade Immediately 8' -10' >10' -12' >12' and up Below Sign. Maximum Projection Over 3• 4' S' Property Line or Building Line. Projecting Sign At street comers, signs may extend at an angle of 450 m a e 3" 5" Maximum Sign Projection Sign Code Revisions — Public Review Draft — April 2005 Page - 28 City of Newport Beach 2. The thickness of any portion of a sign that projects over public property or beyond a setback line shall be as follows: Projection 5' 1 'V 1 3' 2' Maximum Thickness 2' 1 2' -8" 1 3' -4" 4' 3. Maximum sign area shall be 20 square feet for a primary frontage and 10 square feet for a secondary frontage. 4. Projecting signs shall provide a minimum vertical clearance of 8 feet above the surface over which they project. 5. Projecting signs shall not project into an alley or parking area more than 3 feet and shall not be less than 14 feet above the surface where vehicles are allowed. 6. Internally illuminated projecting signs shall have opaque face panels so that only the letters, number, symbols, or logos appear illuminated. 7. Projecting signs shall not be closer than 10 feet to another projecting sign or to a freestanding sign or 5 feet from an interior property line or line dividing 2 separate business frontages. 8. Projecting signs shall not project above an apparent eave or parapet, including the eave of a mansard or simulated mansard roof or above the bottom of a third -story window. G. Projector sign. 1. A projector sign shall project only upon the property occupied by the associated use or the public right -of -way within 10 feet of the building occupied by the use. 2. The sign area of the projector sign shall be included within the overall allowed sign area for the use. 3. Illumination from the projector mechanism shall not pose a hazard for pedestrians or motorists and shall be screened from view to the maximum extent feasible. H. Signs on architectural projections. The following regulations apply to signs that are located on, attached to, or are an integral part of a projecting architectural feature (e.g., canopy) located not more than 15 feet above street level. 1. Signs may be erected on top of an architectural projection provided the sign is comprised of three - dimensional letters only that do not exceed 18 inches in height. No internal illumination is allowed. Sign Code Revisions — Public Review Draft — April 2005 Page - 29 9i City of Newport Beach 0 2. Signs may be attached to the face of an architectural projection provided the sign does not exceed a maximum thickness of 10 inches as measured from the face of the sign to the outer face of the architectural projection and that the letters do not exceed a height of 18 inches. No internal illumination is allowed. 3. The maximum sign area for signs mounted or architectural projections shall be included with other permitted signs identified in Table 20.XX (Standards for Permanent Signs). 4. Signs may be placed below and may be supported by an architectural projection provided the sign shall not exceed 4 feet in length and 16 inches in height. Internally illuminated signs are not allowed. Signs shall not be less than 8 feet above the sidewalk and shall be placed perpendicular to the face of the building. I. Wall signs. 1. Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. Appropriate Wall Sign Location Sign Code Revisions — Public Review Draft — April 2005 Page - 30 kt �Ewvp� City of Newport Beach _ 1� �4sauM�� Not Allowed 2. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. Required Separation of Wall Signs 3. Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Subsection 20.67.xxx.I (Illuminated Signs). 4. Electrical raceways shall be integrated with the overall design of the sign to the greatest degree. Raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed. 5. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. Sign Code Revisions — Public Review Draft — April 2005 Page - 31 City of Newport Beach 6. Signs shall be located within the middle 50 percent of the building or tenant frontage measured from lease line to lease line. The Planning Director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement. }+--- iiia�cr —«{ � -tar► Appropriate Wall Sign Location 7. Signs attached to the sloping face of hipped /sloped roofs, mansard overhangs, or similar architectural features intended to resemble or imitate roof structures shall require approval of a Sign Exception. 7. Window signs, permanent and temporary. 1. Window signs, including permanent and temporary signs shall not occupy more than 20 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls. 2. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. 3. Signs shall be permanently painted or mounted on the inside of windows and doors except for allowed temporary signs. 4. Signs within 5 feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs. Sign Code Revisions — Public Review Draft — April 2005 Page - 32 A-()- City of Newport Beach } C.ywap. K. Miscellaneous signs. 1. Business directory signs. Multi- tenant buildings are allowed tenant directory signs with a maximum area of 8 square feet each. No illumination is allowed. 2. Service station signs. The following regulations shall be applicable to service stations, in addition to all other provisions of this Chapter. a. General. (1) Signs shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. (2) Instructional and warning signs and signs required or authorized by state or federal law shall be exempt from the provisions of this section. b. Ground signs. (1) Number. One per site. (2) Area. Not to exceed 20 square feet; 36 square feet when combined with a fuel price sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. Ground signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. c. Fuel price signs. (1) Number. One per street frontage. (2) Area. Twelve square feet per sign. (3) Height. Not to exceed 4 feet. (4) Additional Regulations. (a) Separate fuel price signs shall only be permitted in lieu of the 36- square foot combined ground sign /fuel price sign permitted in this Subsection. (b) Fuel price signs shall advertise the price and grade of fuel only and no other advertising shall be permitted unless in conjunction with a monument as provided in this section. Sign Code Revisions — Public Review Draft — April 2005 Page - 33 q5 City of Newport Beach � U , '_a � (c) Fuel price signs shall be located in a landscaped planter with a minimum area equal to the area of the sign. d. Wall signs. (1) Number. One per building frontage. (2) Area. The area of a wall sign shall not exceed 1 square foot for each lineal foot of building frontage. (3) Length. The length of a wall sign may be up to 50 percent of the building frontage, not to exceed 30 feet. e. Canopy signs. (1) Type. Signs on service station canopies shall be limited to logos only. (2) Number. One canopy sign per street frontage. (3) Area. The area of a canopy sign shall not exceed 6 square feet. (4) Additional Regulations. Canopy signs shall not extend beyond the gable or fascia board of the canopy. f. Service island signs. One sign, not exceeding 4 square feet, shall be permitted on or in front of each end of a service island to identify methods of sale (i.e., self -serve or full- serve). g. Window signs. (1) Number. One per window. (2) Area. No permanent window sign shall cover more than 20 percent of the visible window area. (3) Materials. Permanent window signs shall be applied directly to the window surface. h. Temporary signs. Refer to Section 20.67.xxx (Standards for Temporary Signs) Sign Code Revisions — Public Review Draft — April 2005 Page - 34 XtA City of Newport Beach 20.67.xxx — Standards for Temporary Signs A. Number, size, and duration allowed. Table 20.XX provides standards under which temporary signs are allowed. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than 20 percent of any window. Sign Code Revisions — Public Review Draft — April 2005 Page - 35 A5 o" e City of Newport Beach J �yropMS TABLE 20 -XX TEMPORARY SIGNS Sign Code Revisions — Public Review Draft — April 2005 Page - 36 4 75 sq. ft. for 1 sign per site, banner, 3 sq. ft. 10 ft. or bottom Up to 4 times per year, not to Subject to all 7banners. including window for rigid sign. of lowest second exceed 60 days requirements of this signs. Window signs, floor window. total per year. Section. 20% of any window area. Establishment One sign per building Same as for Same as for 60 days per Allowed only while permanent signs are identification. frontage. permanent signs. permanent signs. calendar year. being obtained. Displayed after issuance of building permit 8 ft. in or equivalent; Only on the Construction 32 sq. ft. per nonresidential. shall be property where project signs. sign in non- 4 ft. in removed after construction is 1 sign per site residential. residential earliest of taking place and Nonresidential 6 sq. ft in certificate of shall not obstruct and Residential residential completion, visibility at certificate of intersections. occupancy, or final building inspection. Shall be Only on the removed upon property of the Future tenant 1 sign per tenant 30 sq. ft. per 10 ft. occupancy of future tenant. Shall signs space sign. the tenant not obstruct visibility at space' intersections. Only on property of Portable A-frame 1 sign per site 6 sq. ft. per sign 4 ft. During hours establishment is the establishment 10 ft. of the signs face fin' within primary entrance. Mounted only on portable easel -type During hours structures; only on Restaurant menu 1 per restaurant 4 sq. ft. per sign. 5 ft. establishment is property of the signs open. establishment within 10 ft of the primary entrance. Sign Code Revisions — Public Review Draft — April 2005 Page - 36 4 City of Newport Beach (9 TABLE 20 -XX TEMPORARY SIGNS Real estate signs for residential Allowed in compliance with Subsection 20.67.w.I (Real estate signs), below and Temporary Sin Permit not required. Search lights, Allowed in conjunction with Special Event Permit. Klieg lights Shall be placed only on the property where the sale is being held. Allowed in compliance with 1 sign per street 3 s 2 days within a Subsection Yard sale sign frontage q. ft 4 ft. 30-day period. 20.67.)=.I (Temporary residential signs), below Temporary Sign Permit not required. D. Placement of temporary signs. 1. Signs are allowed on private property only and shall not be placed in public tights -of- way or at off -site locations. 2. Signs may be placed only on building frontages in locations where permanent signs are allowed. 3. Sign shall not be attached to temporary structures, except restaurant menu signs, which may be attached to easel -like structures. E. Illumination prohibited. Signs shall not be illuminated. F. Durable materials required. Signs shall be constructed of durable material suitable to their location and purpose. G. Removal of signs. Temporary signs and their components shall be promptly removed at the expiration of the Temporary Sign Permit. Sign Code Revisions — Public Review Draft — April 2005 Page - 37 41 �aE.wvo � City of Newport Beach H. Real estate signs. 1. Residential Districts. a. Real estate signs are permitted, on a temporary basis, in residential zoning districts, subject to the criteria provided in this Subsection. (1) In the R -A, R -1, R -1.5, R -2, MFR and PRO Districts, as well as PC Districts that provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: (a) One sign per lot except as provided in Subsections (e) and (f) below; (i) The sign shall not exceed 216 square inches (1.5 square feet); (ii) The sign may have one rider not to exceed 94 square inches; (iii) The sign may include one brochure box not to exceed 154 square inches. For purposes of this section, a brochure box means a plastic or metal container designed to hold brochures or flyers describing or advertising the real property for sale, lease, rent, or exchange; (iv)The overall height of the installed sign, rider, and brochure box shall not exceed 4 feet above ground unless the sign is mounted flush to a wall; (b) The sign shall be placed on the parcel for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians; (c) No flags, pennants, balloons, or other attention- attracting devices shall be displayed; (d) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated; (e) One additional real estate sign may be posted during the time an owner or owner' s agent is on the premises and the premises are open for inspection, subject to the following: (1) The sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; Sign Code Revisions — Public Review Draft — April 2005 Page - 38 City of Newport Beach ( REV' o- (ii) The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that creates a hazard to traffic or pedestrians; provided, however the sign may be installed on or in a vehicle parked on the street adjacent to the property for sale, lease, rent or exchange if there is no feasible way of installing the sign on private property due to absence of front yard setback or other conditions; (iii)The overall height of the sign shall not exceed 4 feet above ground unless the sign is installed on a vehicle as provided in the paragraph above; or other conditions exist that require the sign to exceed 4 feet to be reasonably visible from the street; however, in no event shall the sign be higher than necessary to be reasonably visible from the street; (f) In addition to the real estate sign permitted in Subsection (e), above, 3 off - site signs are permitted when the owner or owner's agent is on the premises and the premises are open for inspection, subject to the following: (i) Each off -site real estate sign shall not exceed 216 square inches (1.5 square feet) and riders are not permitted; (ii) The overall height shall not exceed 4 feet above ground; (iii)The sign shall not be installed before 8:00 a.m. and shall be removed no later than sunset; (iv) The sign shall not be installed in medians or anywhere within the traveled way of any street or highway, nor installed in a manner that creates a hazard to traffic or pedestrians. The sign shall not be attached to any public property. b. All Residential Districts. Residential properties shall be permitted one real estate sign not exceeding 20 square feet in area that advertises the first sale of structures and /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one temporary real estate sign not exceeding 20 square feet in area that advertises the sale, rental or lease of the premises upon which the sign is located. Permanent installations of real estate signs shall be subject to the sign standards for permanent signs in this Chapter for commercial, office, and industrial zones. Sign Code Revisions — Public Review Draft — April 2005 Page - 39 a "4 City of Newport Beach 20.67.xxx — Procedures for Sign Approval, Exemptions, and Revocations A. Sign Permits. 1. Sign Permit Required (including Temporary Signs). ae�oR„ o z� i a. To ensure compliance with the regulations contained in this Chapter, a Sign Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with Subsection B, below. Sign Permits are also required for signs approved through a Comprehensive Sign Program as provided in Section 20.67.xxx. An application for a Sign Permit shall be made in writing on standard official forms furnished by the Planning Department. 2. Approving authority. Sign Permits, including those for temporary signs shall be issued under the direction of the Planning Director when they comply with the provisions of this Chapter. The Planning Director shall review all Sign Permit applications for conformance with the provisions of this Chapter. a. For signs that comply with the provisions of this Chapter and do not require discretionary review: (1) The Planning Director shall issue or deny the permit to the applicant within 90 days from the receipt of a complete application and the applicable fees. (2) Failure of the Planning Director to approve or deny the permit within the 90 days shall result in the permit being granted. (3) If the application is denied, the Planning Director shall notify the applicant with the reason(s) stated for denial. Notification shall be sent first class United States mail to the address provided on the license application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Planning Director, by United States certified mail, return receipt requested. (4) In the event an application is denied, the applicant may appeal the Planning Director's decision in compliance with the provisions of Section 20.95 of this Chapter. Sign Code Revisions — Public Review Draft — April 2005 Page - 40 b a�`r"O� o� a City of Newport Beach � � ,l� v �•4,oPN�' b. Annual Approval of Promotional Temporary Sign Permit. The Planning Director shall approve a Temporary Sign Permit for a temporary promotional banner on an annual basis that allows the applicant to tailor the duration and the number of days allowed under the permit to meet the particular needs of the establishment as long as the total number of days that the sign is allowed does not exceed 60 days per calendar year. B. Exemptions to Sign Permit requirement. Sign Permits shall not be required for the signs exempted in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempted signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and may be removed in compliance with Section 20.67.xxx (Illegal Signs). Applicant should be aware that an exempt sign may still require a Building Permit, subject to the provisions of Chapter 15.16. 1. On -site, non - illuminated signs. The following on -site, non - illuminated signs shall not require issuance of a Sign Permit: a. Accessory signs. Small window signs indicating hours of operation or that an establishment is "Open" or "Closed" for business, limited to a maximum of 2 square feet in area for all accessory signs. No more than three signs per establishment frontage. Accessory window signs shall not be included in permanent window sign area calculations, except if illuminated. b. Building markers. Commemorative plaques, tables, date of construction, and similar signs when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed 2 square feet in area. c. Bulletin boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over 12 square feet in area. d. Change of copy. Changing the copy in changeable copy signs in existence as of the date of adoption of this Chapter, or approved through the Comprehensive Sign Program. e. Gasoline pump signs. Shall be consistent with Section 20.67.xx (I) (3) (Service Station Signs). f. Government signs. A sign erected by a federal, state, county, agency, or the City. Sign Code Revisions — Public Review Draft — April 2005 Page - 41 5\ City of Newport Beach a U �.tr�aaNJ�� g. Holiday window painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and /or decorations shall be removed within 10 days following the applicable holiday. h. Incidental signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, credit card information, emergency contact information, etc.) provided the signs do not exceed 4 square feet in area for all such signs. L Official signs. Official and legal notices required by a court or governmental agency. j. Portable parking lot and valet parking signs. One freestanding portable sign at each parking lot entrance limited to 10 square (2'x5') feet in area. Sign shall not cause hazard to driver visibility or pedestrian movement. Subject to the approval of a valet parking plan. k. Public service signs. Signs of utilities or other publicly regulated service providers indicating danger, and aids to service or safety, including official advisory and signal flags. I. Real estate window listing. A real estate office may place its listing(s) in a front window provided the gross area occupied by the listing(s) do /does not cover more than 50 percent of the window. m. Residential signs. Up to 3 noncommercial signs, with a maximum total sign area of 6 square feet and a maximum height of 4 feet. n. Restaurant menu signs. Restaurant menu signs not exceeding 4 square feet. o. Site address. Limited to one per street frontage subject to the following standards: (1) The total aggregate sign area shall not exceed 72 square inches. Individual numbers and letters shall not exceed a height of 8 inches. (2) The sign shall be placed in an area adjacent to or near the primary entrance of the structure or property frontage and face the street curb in front of the structure. p. Temporary real estate signs. Real estate signs in compliance with Section 20.67.xxx (H) (Real estate signs). Sign Code Revisions — Public Review Draft — April 2005 Page - 42 o o City of Newport Beach � Y �,ewro `Y� q. Temporary signs at construction projects. Signs shall be allowed not exceeding 32 square feet in nonresidential zones and 6 square feet in residential zones. Maximum sign height shall be 8 feet in nonresidential zones and 4 feet in residential zones. Signs shall not be displayed before the issuance of the building permit, or its functional equivalent, and shall be removed upon the issuance of one of the earliest of the following: a certificate of completion, a certificate of occupancy, a final building inspection, or the functional equivalent of any of them. Signs in residential zones shall be limited in number by the provisions of paragraph k, above. r. Vehicle- oriented directional signs. Signs solely for the purpose of guiding traffic, parking, and loading on private property subject to approval by the Public Works Department. One safety or directional sign for each vehicle entry to a site with a maximum area of 3 square feet per sign. Maximum sign height shall be 4 feet. Additional signs may be allowed with approval of a Comprehensive Sign Program. s. Yard sale signs. Subject to the limits on size and display duration of 20.67.xxx (C) on Table 20 -XX (Temporary Signs) 2. Routine maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign, and therefore shall not require a Sign Permit, unless structural changes are made. C. Revocation of Sign Permit. The Planning Department may, in writing, suspend or revoke a Sign Permit issued under the provisions of this Chapter if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter. 20.67.xxx — Modification Permit A. Applicability. The Zoning Administrator may grant a Modification Permit in compliance with the provisions of Section 20.93 (Modifications Permits) to allow deviations to the height, type, location, number, and area of signs. B. Required findings. In order to grant a Modification Permit, the Zoning Administrator shall find that the granting of a Modification Permit: 1. Is necessary due to practical difficulties associated with the property, and the strict application of the Zoning Code would result in physical hardships that are inconsistent with the purpose and intent of the Zoning Code, and 2. The result of the requested modification will be compatible with the existing development(s) in the area, and Sign Code Revisions — Public Review Draft — April 2005 Page - 43 �5 eE""� e City of Newport Beach 3. The granting of the modification permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property, and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. C. Appeals. Actions of the Zoning Administrator may be appealed to the Planning Commission in compliance with the provisions of Chapter 20.95. (Appeals). 20.67.xxx — Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project's signs, including a project identification sign with the overall site design and the structures' design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Chapter. B. Applicability. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. 1. Whenever 3 or more separate tenant spaces are present on the same parcel; 2. Whenever 3 or more non - exempt signs are proposed for a single- tenant development; 3. Whenever signs are proposed to be located on or above the second story on a multi- story building. 4. Whenever a project or parcel has more than 300 linear feet of frontage on a public street. 5. Whenever an existing multi- tenant development of 3 or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 25 percent of the assessed value of the property; or 6. Theater signage. A Comprehensive Sign Program for a theater or cinema use may authorize signs that deviate from the standards of this Chapter. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Chapter if the sign is generally consistent with the adopted sign design guidelines and the purposes of this Chapter. Approval shall not be based on message content. Whenever the Planning Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.). Sign Code Revisions — Public Review Draft — April 2005 Page - 44 tiJ City of Newport Beach m@ 3 'fi G4.pPN.. 8. A Comprehensive Sign Program shall not be used to override the prohibition on new billboards set forth in Section 20.67.xxx of this Chapter, above. C. Approval authority. The Zoning Administrator may approve a Sign Permit for a Comprehensive Sign Program. D. Application requirements. A Sign Permit application for a Comprehensive Sign Program shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Standards. A Comprehensive Sign Program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines and the overall purpose and intent of this Section; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; 5. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number of signs, location, and /or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter; and 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. F. Revisions to Comprehensive Sign Programs. The Planning Director may approve revisions to a Comprehensive Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Comprehensive Sign Program by the Zoning Administrator. Sign Code Revisions — Public Review Draft — April 2005 Page - 45 / 6 City of Newport Beach 20.67.xxx — Innovative Sign Program A. Purpose. The purpose of the Innovative Sign Program is to: Z 'a E 3 �<ironPJ 1. Encourage signs that are unique in their design approach and use of materials; and 2. Provide a review process for the application of sign regulations to innovative signs. B. Applicability. An applicant may request approval of a Sign Permit under the Innovative Sign Program to authorize an on -site sign or signs that differ from the provisions of this Chapter but comply with the purpose of this Chapter and Section. C. Approval authority. A Sign Permit application for an Innovative Sign shall be subject to approval by the Planning Commission. D. Application requirements. A Sign Permit application for an Innovative Sign shall include all information and materials required by the Planning Director, and the filing fee set by the City Council's fee resolution. E. Design criteria. In approving an application for an Innovative Sign, the Planning Commission shall ensure that a proposed sign or signs meets the following design criteria: 1. Design elements. The sign shall contain at least one of the following elements: a. Classic historic design style (ghost sign, metal, carved wood, etc.); b. Creative image reflecting current or historic character of the City, c. Symbols or imagery relating to the beach, surfing, fishing, maritime industry, and /or the related business; or d. Inventive representation of the use or name /logo of the business. 2. Architectural criteria. The sign shall: a. Utilize and /or enhance the architectural elements of the building; and b. Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features /details of the facade. 3. Contextual criteria. The sign shall: a. Be in scale and proportion with the structure where it is placed; Sign Code Revisions — Public Review Draft — April 2005 Page - 46 1�p City of Newport Beach aeV°"Da. eefi Ri G4roPNd b. Be placed to respect and enhance the key architectural elements of the building; and c. Respect the scale and proportion of surrounding commercial structures and signs. E. Limitation. Approval of an Innovative Sign Program shall not: 1. Authorize the use of signs prohibited by this Chapter; 2. Authorize any sign that is more than 20 percent larger than it could have been without the owner's participation in the Innovative Sign Program; or 3. Authorize any sign based on an evaluation of the message displayed. G. Revisions to Innovative Sign Programs. The Planning Director may approve revisions to an Innovative Sign Program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised Innovative Sign Program by the Planning Commission. 20.67.rooc — Nonconforming Signs A. Removal of nonconforming signs. Nonconforming signs shall be removed or altered to be conforming within 15 years of the effective date of these regulations, unless an earlier removal is required by the requirements of Subsection B, below. B. Continuance of nonconforming signs. A nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be: 1. Structurally changed to another nonconforming sign, but its pictorial content may be changed. 2. Structurally altered to prolong the life of the sign, except to meet safety requirements. 3. Expanded or altered in any manner that increases the degree of nonconformity. 4. Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of the replacement cost as determined by the Building Official. C. Repairing and painting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location except for building remodeling. D. Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change any name or names on the sign so long as there is no change in the structure or configuration of the sign. Sign Code Revisions — Public Review Draft — April 2005 Page - 47 61 City of Newport Beach 0 E. Building remodeling. Nonconforming signs may be removed for the purpose of remodeling a building and shall be replaced within 14 days after the remodeling is completed. 20.67.xxx — Abandoned Signs A. Removal of abandoned signs. 1. A sign shall be removed by the owner or lessee of the premises upon which the sign is located immediately upon closure of the business or the passing of the event. 2. A sign shall be determined to be abandoned when it identifies a business or activity that is no longer conducted on the premises where the sign is located, or pertains to a time, event, or purpose that no longer applies, and the last known owner of the sign and /or owner of the property has failed to respond within 30 days to the Abandoned Sign notification sent by the Planning Director. Such failure to respond shall indicate intentional abandonment of the sign by the sign's owner. 3. A sign frame or structure that supported an abandoned sign and that conforms to all applicable regulations shall be allowed to remain in place. However, in the event a sign frame or structure is inconsistent with any regulations, the sign structure and /or frame shall be either altered to comply with the regulations of this Chapter or removed by the owner or lessee of the property. 4. Signs considered by the City to have historic value or cultural significance shall be exempt from this requirement. 5. If the owner of the sign and /or property owner fails to remove the sign or respond to the Abandoned Sign notification within the period specified in this section, the City, following a public hearing conducted by the Zoning Administrator, may have the sign removed. The public hearing shall include review of the reasonableness of the cost of removing the sign. B. Recovery of costs. When the City is required to remove an illegal sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and /or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. Sign Code Revisions — Public Review Draft — April 2005 Page - 48 C `/ ) b City of Newport Beach (9 20.67.xroc — Illegal Signs A. Illegal signs identified. The following signs shall be considered to be illegal and a violation of the provisions of this Chapter, and are declared to be a public nuisance, in compliance with the provisions of Sections 10.50.020(I) and 1.04.020 of this Code. 1. A sign erected or maintained after the effective date of this Chapter that is inconsistent with the regulations contained herein. 2. A nonconforming sign that was erected inconsistent with the terms governing location, height, surface area, or other regulatory measure applicable at the time of its erection. A sign that has been determined to be abandoned, under the hearing process described in Section 20.67.xxx (Abandoned Signs) of this Chapter. B. Removal of illegal signs. The City may cause the removal of any sign that has been illegally placed, in compliance with the Code Enforcement provisions of Sections 1.04.010 and 1.04.020 of this Code. Signs removed in compliance with this Section shall be stored for 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. The City shall notify the owner of the sign of the removal by certified United States mail, return receipt requested, sent to the last address supplied to the City by the owner of the sign. If not recovered within the 30 -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The costs of removal and storage (up to 30 days) may be billed to the owner. C. Penalties. Illegal signs shall be subject to the administrative remedies of the Municipal Code. D. Recovery of costs. When the City is required to remove an illegal sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and /or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. Sign Code Revisions — Public Review Draft— April 2005 Page - 49 r� 7 City of Newport Beach i� }� ,a�woq� m� 20.67.xxx — Maintenance Requirements A. Maintenance of signs required. All types of signs, together with their supports, braces, guys, and anchors shall be properly maintained at all times with respect to safety, appearance, and structural and electrical features. B. Proper Maintenance identified. Display surfaces shall be kept neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. All signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Cracked or broken faces and malfunctioning lamps shall be replaced immediately. C. Administrative procedures applied to signs that are not maintained. Signs that are not properly maintained shall be subject to the following administrative procedures: 1. Notice of violation shall be sent by first class United States mail to last known address of sign owner and /or property owner, informing owner of time in which removal of sign or repair of condition shall be accomplished. 2. If the owner fails to remove sign or repair the condition, City shall send final notice by certified United States mail, return receipt requested, and by first class United States mail, notifying owner that failure to remove or repair the sign within 30 days shall result in the issuance of an Administrative Citation, in compliance with the provisions of Title 1 and Title 20 of the Municipal Code. 3. If the owner does not remove the sign or repair the condition within the 30-day period, an Administrative Citation shall be issued at the end of the 30 -day period. D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply: 1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Sections 1.04.020 and 10.50.020(I) of this Code. 2. Removal of hazardous signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The City is not required to give notice of intent to remove the sign prior to removal, but shall inform the owner that the hazardous sign has been removed Sign Code Revisions — Public Review Draft — April 2005 Page - 50 b City of Newport Beach 0 °+<roo.e� within seven days of removal, by certified United States mail, return receipt requested and by first class United States mail. a. Signs removed in compliance with this Section shall be stored for 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered within the 30 -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The costs of removal and storage (up to 30 days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property. 3. Penalties. Hazardous signs shall also be subject to the administrative remedies of the Municipal Code, including Section 10.50.020 and Sections 1.04 and 1.05. 4. Recovery of costs. When the City is required to remove a hazardous sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and /or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. 20.67. xx — Heritage Signs A. Designation of heritage signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed in compliance with Section 20.67.xxx (Nonconforming Signs) of this Chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in compliance with the standards established in this Section. B. Application and review authority. Application for heritage sign status may be submitted by the business owner, property owner, or City for review by the Planning Commission. The Planning Commission shall review all applications and approve or disapprove heritage sign status in compliance with this Section. C. Heritage sign criteria. The Planning Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal as a nonconforming sign and the sign meets the following criteria: 1. The sign is either historically significant or significant to local identity as defined herein: a. Historically significant. A sign is historically significant if the sign was erected or created at least 35 years ago and is either representative of a significant sign - making technique or style of a historic era or represents entities or establishments that are an important part of Newport Beach history. Sign Code Revisions — Public Review Draft — April 2005 Page - 51 JJ` City of Newport Beach 0§11 b. Significant to local identity. A sign is significant to local identity if the sign was erected or created at any time and represents entities or establishments that reinforce a commonly recognized sense of local identity or character for a particular locality of Newport Beach. 2. The sign is visually significant in one of the following regards: a. The sign possess a uniqueness and charm because it has aged gracefully. b. The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way. c. The sign compliments its architectural surroundings or is particularly well integrated into the structure. d. The sign is an inventive representation of the use, name, or logo of the building or business. D. Procedure for designation of heritage signs. The Planning Director shall review each application for heritage sign status on a case -by -case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Planning Commission regarding their assessment and the application's merit regarding the designation. The Planning Commission shall review staff findings and recommendations at a noticed public hearing. The Planning Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Planning Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage sign. Staffs additional analyses and recommendations shall be available for public review and comment prior to the Planning Commission's subsequent meeting for review and action on a heritage sign. Upon due consideration of staffs findings and recommendations plus all public testimony and comment, the Planning Commission may approve or deny designation of heritage sign status. E. Appeals. The applicant or other affected party may appeal the Planning Commission's decision regarding designation or denial of heritage sign status to the City Council. Any appeal shall be filed within fourteen days of the Commission's action and shall be accompanied by the current processing fee. The City Council shall hear /review all appeals at the earliest practical date, and the decision of the City Council shall be final. Sign Code Revisions — Public Review Draft — April 2005 Page - 52 6�1- City of Newport Beach , j F. Alteration of heritage signs. Designated heritage signs may be not be physically altered except for routine cleaning and general maintenance. Cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign in all respects. A designated heritage sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. 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