HomeMy WebLinkAboutModifications to Chapter 20.67.035CITY OF NEWPORT BEACH
CITY ATTORNEY'S OFFICE
TO CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: ROBIN CLAUSON, ASSISTANT CITY ATTORNEY
RE MODIFICATIONS TO CHAPTER 20.67.035
E July 18, 2002
da item 6
The Orange Coast Association of Realtors (Association) has requested that the City
modify the Municipal Code with respect to temporary real estate signs.
Under the current Code, only one real estate sign per lot 1.5 square feet in area (including
riders) is permitted in residential areas, with limited exceptions. The Association would
like this to be changed to allow them to add an additional sign "rider" to residential for sale
or lease signs, not to exceed 94 square inches (roughly 6" x 15 "). "Riders" are defined in
the Code as a "small sign attached to a larger sign and intended to convey information
not conveniently incorporated into the text of the larger sign." One commonly used rider
in the real estate industry is a sign that reads, "In Escrow" or "Sold."
In addition, the Association would like the Code to permit one "brochure box" with the
capacity to hold 8.5" x 11" sheets of paper (approximately 154 square inches in area).
"Brochure boxes" are usually plastic or metal containers with a see - through cover that
include flyers describing the property for sale or lease and listing its price.
The. Association indicates that the practice in the industry for several years has been to
use one rider and one brochure box on each property for sale or lease. They request that
the industry practice and the City's sign Code be made "parallel and legal." The April 30,
2002 letter from the Association requesting the changes is attached hereto. -
RECOMMENDATION
Approve Resolution No. I recommending initiation of amendments to Section 20.67.
Exhibits:
1. Letter from the Orange Coast Association of Realtors to the Mayor dated April 30, 2002.
2. Resolution No.
3. Draft Ordinance No.
F:luserslcatlshared W a1CCmemol RealEstateTemporarySignChanges .doc
2002
OFFICERS
PRESIDENT
DARRELL PASH
PRESIDENT -ELECT
JAKE KLOHS
SECRETARY
LOUANNE RITTEY
TREASURER
DANIEL 3I85
DIRECTORS
BOB CHAPMAN
BETTY OOMEGYS
WALLACE "KING" GIRLING
DAVID PRINCE
JUDY MERTZ
JENNIFER WONG
ROSINTENCH
EXECUTIVE `ACE- PRESIDENT
PATRICIA MOORE. CAE, ACE
ORANGE COAST ASSOCIATION OF REALTORS®, INC.
401 North Newport BouRfW E 1 v ` D
Newport Beach, California 92663 -4210
Telephone (949) 722 -2300 FAX (949) 642 -4105 MLS FAX (949 631-4276
www.ocaor.com 002 NAY —2 A B .4
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_Yi °OftT BEACH
1':'I iF .
April 30, 2002
Honorable Mayor Tod Ridgeway
Honorable City Council
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mayor Ridgeway and City Council:
The Orange Coast Association of Realtors would like to request an addition
to the current code regarding temporary signs.
The change to the ordinance we are requesting is to allow one sign rider on
residential for We or lease signs, not to exceed 94 square inches, and -one
brochure box, not to exceed capacity to hold 8 1/2 x 11 sheets of paper
(approximately 154 square inches).
The request for the change is to continue to serve the public and assist with
the salellease of their homes. The practice has been one rider and a brochure
box for numerous years, and we would like the current practice and code to
be parallel and legal.
Thank you for your consideration, I have given Tim Sinasek examples of a
sign rider and 3 brochures boxes for your review. Please call me if you have
any questigW or need any further information.
'cia R Moore, CAE RCE c�
Executive Vice President Oate
PRM:jd
CC: Homer Bludau, Tim Sinasek
Copies Sent To:
'I 1Mayw
_EMuncil Member
ar.aoer
❑ Attorney
.0
Exhibit No. 1
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH INITIATING AN AMENDMENT
TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL .
CODE PERTAINING TO TEMPORARY REAL ESTATE
SIGNS ON RESIDENTIAL PROPERTY [CA 2002 -0041
Section 1. Title 20 of the Newport Beach Municipal Code authorizes the Planning
Commission to adopt a resolution initiating amendments to the Zoning Code of the City ofNewport
Beach.
Section 2. The Planning Commission intends to initiate an amendment to Section
20.67.035 of Title 20 of the Newport Beach Municipal Code to allow a single sign rider and a single
brochure box, subject to certain size limits, in conjunction with each temporary real estate sign
permitted for residential property.
Section 3. Consideration of this matter occurred on July 18, 2002, at 6:30 P.M. in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time
the Planning Commission of the City of Newport Beach initiated an amendment to Title 20 of the
Newport Beach Municipal Code to amend Section 20.67.035 (Temporary Signs).
PASSED, APPROVED AND ADOPTED THIS 18s DAY OF JULY, 2002.
17-
MIX
Larry Tucker, Chairman
Earl McDaniel, Secretary
AYES:
NOES:
ABSENT:
FAUSERS \PLN \Shared \PA's \PAs - 2002\PA2002- 128 \CA2002 -004 peresolution initiation.doc
3
Exhibit No.2
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 20.67.035, OF TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
TEMPORARY REAL ESTATE SIGNS.
NOW THEREFORE, the City Council of the City of Newport Beach,
California, HEREBY RESOLVES as follows:
SECTION 1: Section 20.67.035 of Chapter 20 is amended to read as follows:
The following temporary signs are permitted:
A. Real Estate Signs.
1. Residential Districts.
a. Real estate signs and open house signs are permitted, on a
temporary basis, in residential districts, so long as the signs conform to the
criteria specified in this section.
(1) In the R -A, R -1, R -1.5, R -2 and PRD districts, as well as PC
districts that w#ieh provide for residential uses and contain no specific provisions
relative to temporary signs, temporary real estate signs are permitted subject to
the following:
(a) One sign per lot except as provided in subsections (A)(1)(a)(1)
L)(g) and ff(h) of this subsection;
UM The sign shall not exceed two hundred sixteen (216) square inches
(1.5 square feet), ineledingFideits;
(ii.) The sign may have one rider not to exceed ninety -four (94) square
inches:
container designed to hold brochures or flyers describing or advertising the real
property for sale, lease, rent or exchange
iv. (e)The overall height of the installed sign, rider and brochure box shall
not exceed four feet above ground unless the sign is mounted flush to a wall;
(b)(d) The sign shall be placed on the parcel for sale, lease, rent or
exchange and shall not be installed in a manner that whieh creates a hazard for
traffic or pedestrians;
((cXe) No flags, pennants, balloons, or other attention - attracting devices
shall be displayed;
dM The sign shall be removed immediately after the sale, lease or
rental of the property has been consummated;
g)(g) In addition to the sign permitted above, one -on -site open house
sign maxis- permitted -te 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:
Exhibit No. 3
i. The sign shall not exceed two hundred sixteen (216) square inches
(1.5 square feet) and riders are not permitted;
ii. The sign shall not be installed in medians or anywhere within the
traveled way of any street or highway, nor installed in a manner which creates a
hazard to traffic or pedestrians; provided, however, the sign may be installed on
or in a vehicle parked on the street adjacent to the property for sale, lease, rent
or exchange if there is no feasible way of installing the sign on private property
due to absence of front yard setback or other conditions;
iii. The overall height of the sign shall not exceed four feet above
ground unless the sign is installed on a vehicle as provided in subparagraph
(A)(1)(a)(1)(ee)(g)(ii) of this section; or other conditions exist which require the
sign to exceed four feet to be reasonably visible from the street; however, in no
event shall the sign be higher than necessary to be reasonably visible from the
street;
(fDN In addition to the open house sign permitted in subsection
of this section, three off -site open house signs are permitted
when the owner or owner's agent is on the premises and the premises are open
for inspection, subject to the following:
i. Each off -site open house sign shall not exceed two hundred sixteen
(216) square inches (1.5 square feet) and riders are not permitted;
ii. The overall height shall not exceed four feet above ground;
iii. The sign shall not be installed before eight a.m. and must be
removed no later than sunset;
iv. The sign shall not be installed in medians or anywhere within the
traveled way of any street or highway, nor installed in a manner that whieh
creates a hazard to traffic or pedestrians. The sign also may not be attached to
b. All Residential Districts. The Planning Director may approve
temporary signs for the first sale of structures and /or lots in any district for a
period of time not to exceed one year following the recordation of the final
subdivision map.
2. Commercial and Industrial Districts. Commercial and industrial
properties shall be permitted one real estate sign not exceeding twenty (20)
square feet in area which advertises the sale, rental or lease of the premises
upon which the sign is located.
B. Other Temporary Signs.
1. Residential Districts. No temporary signs are permitted in
residential districts, except for real estate signs authorized in Section
20.67.035(A);_ —arid personal property sale signs authorized in Section
20.60.120(F); and political signs authorized in Section 20.67.035(B)(3).
2. Commercial and Industrial Districts. Temporary signs are permitted
in commercial and industrial districts subject to the following restrictions:
a. Size. No temporary sign shall exceed one hundred (100) square
feet in area. Temporary signs of rigid material shall not exceed twenty -four (24)
square feet in area, or six feet in height.
b. Duration. Temporary signs shall remain in place for a period not
exceeding ninety (90) days per calendar year.
C. Number. One per building or site.
d. Exceptions.
(1) Temporary signs displayed at service stations are governed by the
provisions of Section 20.67.030(D).
(2) Political signs authorized in Section 20.67.035(B -3).
3. Temporary Political Signs. Notwithstanding the provisions of this
chapter, temporary political signs may be posted subject to the following
restrictions:
a. One political sign may be posted on each parcel of residential
property.
b. Political signs posted in residential districts shall not exceed six
square feet in area.
C. Political signs shall not be placed adjacent to a street, alley,
driveway, or sidewalk in a manner that creates a hazard to any person.
d. Political signs may be posted no more than ninety (90) days prior to
any municipal, school district, special, or statewide election, and shall be
removed no more than ten days after the election.
e. No person shall place or post any political or campaign sign on any
public sidewalk, street, property, or right -of -way over which the City has
jurisdiction. (Ord. 99 -26 § 1 (part), 1999; Ord. 98 -21 § 1 (part), 1998; Ord. 98 -19
§ 1, 1998; Ord. 97 -15 Exh. B (part), 1997; Ord. 97 -09 Exh. A (part), 1997)
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2002,
and adopted on the _ day of 2002, by the following vote, to wit:
AYES, COUNCILMEMBERS
1111
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
u' •'
ATTEST:
CITY CLERK
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