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HomeMy WebLinkAbout2011-35 - Newport Theatre Arts Center - Copy SignRESOLUTION NO. 2011 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING AN EXEMPTION OF THE SIGN STANDARDS OF CHAPTER 20.42 OF THE NEWPORT BEACH MUNICIPAL CODE TO ALLOW AN ELECTRONIC CHANGEABLE COPY SIGN AT THE NEWPORT THEATRE ARTS CENTER LOCATED AT 2510 CLIFF DRIVE (PA2011 -063) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The Friends of the Newport Theatre Arts Center (NTAC) submitted a written request that the City allow the marquee sign structure located at the NTAC be retrofitted by removing the existing illuminated manual changeable copy sign and replacing it with a new electronic light- emitting diodes (LED) changeable copy sign. 2. The subject property is zoned PR (Parks and Recreation) and the General Plan Land Use Element category is Parks and Recreation (PR). 3. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Parks and Recreation (PR). 4. The Sign Standards of Chapter 20.42 of the Newport Beach Municipal Code (NBMC) define electronic LED changeable copy signs as an animated sign, which are specifically prohibited pursuant to Section 20.42.050. 5. The City Council may exempt specific City - implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption, pursuant to Section 20.10.040 (Applicability of Zoning Code) of the NBMC. As owner of the NTAC and per the provisions of the Management Agreement between the City and Friends of the NTAC, the City is obligated to perform maintenance and repairs to the on -site signage. 6. The Parks, Beaches and Recreation (PB &R) Commission reviewed the request on April 5, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given to residents located within 500 feet of the NTAC property. Both written and oral information was presented to, and considered by, the PB &R Commission at this meeting. 7. The PB &R Commission voted unanimously to recommend that the City Council approve the new sign as proposed. 8. A public hearing was held by the City Council on April 26, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. City Council Resolution No. 2011 -35 Newport Theatre Arts Center Electronic Sign Pape 2 of 5 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act pursuant to Section 15311 (Class 11, Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 11 exempts construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on- premise signs. SECTION 3. FACTS IN SUPPORT OF EXEMPTION. In accordance with Section 20.10.040 of the NBMC, the City Council may exempt specific City - implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption. Electronic LED changeable copy signs are considered animated signs that are prohibited pursuant to Section 20.42.050 of the NBMC. The purpose of Chapter 20.42 (Sign Standards) of the NBMC is to provide standards intended to: o Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place and manner under which the signs may be displayed. o Preserve and enhance the community's appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. o Encourage signs that are well designed and that attract and invite rather than demand the public's attention. o Encourage the design of signs that are complementary to the buildings and uses to which they relate and that are harmonious with the surroundings. City Council Resolution No. 2011 -35 Newport Theatre Arts Center Electronic Sign Paoe 3 of 5 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 and visitors. The following facts support such an exemption of the Sign Standards of Chapter 20.42, and specifically, Section 20.42.050 which prohibits animated signs: o The number and location of signs on the theatre property would not change, and the existing marquee structure would be retained. The only change would be the removal of the existing illuminated manual changeable copy sign with a new electronic LED changeable copy sign. o The retrofitted sign as proposed would be complementary to the existing marquee structure and theatre building, and would continue to be harmonious with the surrounding neighborhood. The proposed new electronic LED changeable copy sign is designed with a black background and adjustable amber -lit lettering, which could produce less light spillage and pollution than the existing sign which consists of a backlit white background with black lettering. o The message on the new electronic LED changeable copy sign would be limited to the title, dates, times, and a limited description of the production or event at the theatre, and would be limited to such content. The proposed new sign would be illuminated between the hours of 7:00 a.m. to 11:00 p.m. o The safety of motorists and pedestrians would not be jeopardized by the new electronic LED changeable copy sign because the sign message would remain static and the image would not change throughout the day. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby grant an exemption of the Sign Standards of Chapter 20.42 of the NBMC, and specifically, Section 20.42.050 that prohibits animated signs. 2. The City Council of the City of Newport Beach does hereby approve the retrofitting of the marquee sign structure with the new electronic LED changeable copy sign at the NTAC, subject to the conditions set forth in Exhibit "A ". City Council Resolution No. 2011 -35 Newport Theatre Arts Center Electronic Sign Paae 4 of 5 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 26th of April, 2011, by the following vote to wit: ATTEST: MAYOR CITY CLERK City Council Resolution No. 2011 -35 Newport Theatre Arts Center Electronic Sign Paae 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL 1. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 2. The electronic LED changeable copy sign message shall remain static and shall not change throughout the day. 3. The conveyance of changing copy or images with the electronic LED changeable copy sign is strictly prohibited. 4. The sign copy message shall be limited to titles, times, dates, telephone numbers and brief descriptive information regarding productions and /or events held at the theatre only. 5. The sign may be illuminated between the hours of 7:00 a.m. to 11:00 p.m. when in use, and in no case shall the sign be illuminated after 11:00 p.m. or before 7:00 a.m. 6. The light emitting from the sign shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America. If in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources, the Community Development Director may order the dimming of the light sources or other remediation upon finding that the sign is excessively illuminated. 7. The Friends of the NTAC is required to obtain all applicable permits from the City's Building Division. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 8. All fees associated with the retrofit of the NTAC signage are to be funded by the Friends of the NTAC. 9. The terms and conditions of the Management Agreement between the City of Newport Beach and Friends of the NTAC shall remain in full force and effect. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011.35 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of April, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April, 2011. w 0, M City Clerk Newport Beach, California (Seal)