HomeMy WebLinkAbout04_Newport Center Monument Signs Modification Permit and CDP_PA2019-209CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 27, 2020
Agenda Item No. 4
SUBJECT: Newport Center Monument Signs (PA2019-209)
Coastal Development Permit No. CD2019-070
Modification Permit No. MD2019-007
SITE LOCATION: 1401 and 1402 Newport Center Drive
APPLICANT: Irvine Company Retail Properties
OWNER: Irvine Company Retail Properties
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: OS (Open Space)
Zoning Districts: PC-17 (Corporate Plaza) and PC-40 (Corporate Plaza West)
Coastal Land Use Plan Category: OS (Open Space) [1402 Newport Center Drive
only]
Coastal Zoning District: PC-40 (Corporate Plaza West) [1402 Newport Center Drive
only]
PROJECT SUMMARY
The applicant requests a modification permit and coastal development permit to amend
a previously approved Modification Permit No. MD2011-018 for two freestanding, double-
faced signs located at the northeast and northwest corners of the intersection of East
Coast Highway and Newport Center Drive. The amended Modification Permit would allow
an increase in the originally approved height limit by 3 feet, 3 inches and width by 9 inches
to a maximum height of 10 feet, 3 inches and maximum width of 13 feet, 9 inches. Each
sign is located on a separate parcel, 1401 and 1402 Newport Center Drive. 1402 Newport
Center Drive is located within the Coastal Zone and requires a coastal development
permit, including a waiver of the maximum height allowance for a monument sign. This
Modification Permit will supersede and replace Modification Permit No. MD2011-018.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
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3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2019-070 and Modification Permit No. MD2019-007 (Attachment
No. ZA 1).
DISCUSSION
Background
In 2011, the Zoning Administrator approved Modification Permit No.MD2011-018
to allow the addition of two 7-foot-by-13-foot wide freestanding monument signs
into the identification signage network for Fashion Island/Newport Center area.
The signs are located within the ¼-round landscape areas on either side of the
Newport Center Drive entrance from East Coast Highway. The sign at the
northeast corner lies within the Corporate Plaza Planned Community (PC -17) and
the sign at the northwest corner lies within the Corporate Plaza West Planned
Community (PC-40).
A Modification Permit was necessary because the development standards for the
placement of signs within PC-17 and PC-40 only identify building and tenant signs
within each PC and did not include signs identifying buildings or tenants within
Newport Center. PC-17 and PC-40 stipulate that the Zoning Code will apply to
situations not identified in the text of the development standards. The Local
Coastal Program Implementation Plan (Title 21) was not in effect at this time.
Modification Permit
The proposed project is to update the existing signage to include a new decorative
base and cap resulting in an increase in height from 7 feet to 10 feet, 3 inches and
an increase in width from 13 feet to 13 feet, 9 inches.
PC-17 and PC-40 regulations restrict the sign copy of freestanding signs to
identifying the project or building name and street address only. The Zoning Code
does not prohibit tenant names on monument signs.
PC-17 and PC-40 regulations do not specify limitations on the height, width, o r
sign area of monument signs. Zoning Code regulations limit the maximum height
to 8 feet (6 feet average), the maximum width to 1.5 times the average height, and
the maximum sign area to 75 square feet. The proposed monument signs are 10
feet, 3 inches high by 13 feet, 9 inches wide with an overall sign area of 93 square
feet.
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The Modification Permit allows deviations with regard to the monument signs for
sign height, width, and area as well as the sign copy to include tenant names.
The monument signs are accessory to the primary use of each ¼-round
landscaped area. These areas are open space entry points to Newport Center.
These landscaped areas create an enhanced entry and serve as the only entry
from East Coast Highway. The nominal increase in the size and scale of the signs
are complementary to the landscape areas and will not significantly diminish nor
will they negatively impact the open space character.
Use Permit No. UP3131, originally approved in 1985, and subsequently amended
in 1989, and again in 1993, allowed for the installation of a network of freestanding
signs at the major entrances into Newport Center. The development consists of
freestanding cube and monument signs at the Santa Barbara entrance from
Jamboree Road, the Santa Cruz Road and Santa Rosa Drive entrances from San
Joaquin Hills Road, the San Miguel Drive entrance from MacArthur Boulevard, the
southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and the
northeastern and southeastern corners of Jamboree Road and San Joaquin Hills
Road. Also included are the two freestanding pylon signs located in the center
median of the Newport Center Drive entrance into Newport Center from East Coast
Highway. While all the signs were originally approved to identify Newport Center,
they (except the pylon signs within the Newport Center Drive median) were
modified over time to identify tenants within Newport Center and Fashion Island.
The modifications were a result of Fashion Island’s reputation for attracting
shoppers from a larger region who were less familiar with the local road system.
The additional signage and tenant identification was necessary for increased
visibility to alert motorists traveling to the regional business and shopping center .
The height of the proposed monument signs are 10 feet, 3 inches as compared to
the other existing entrance freestanding signs, which are either monument or cube -
shaped and range in height from 8 feet, 6 inches to 11 feet, 6 inches, except the
two existing pylon signs which are 43 feet in height within the center median of
Newport Center Drive. Though the proposed signs vary in size and shape as
compared to the other existing freestanding signs, they were designed to be in
scale and character of their immediate surroundings. They were also designed to
provide a similar benefit as the existing signs by identifying individual tenants within
Newport Center and Fashion Island from a major entrance.
Newport Center is a regional center for business and commerce. The commerce
component of Newport Center, Fashion Island, is located behind existing office
buildings and screened from view from East Coast Highway. Consequently, the
location, sign area, content, height, and width of the proposed signs are necessary
to provide adequate identification and greater visibility of key tenants within the
Fashion Island area from East Coast Highway. The signage will enable motorists
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to identify more clearly destination points and the Newport Center Drive access to
Fashion Island from East Coast Highway.
The increased width of the proposed monument signs is justified due to the large
¼-round landscape area surrounding the signs, which provides for a greater area
of open space as compared to other open space corners within Newport Center.
The increase in sign area is a direct result of the overall increased dimensions of
the signs and again the need for greater visibility for the entrance into Newport
Center.
There are no other direct entrances into Newport Center from East Coast Highway
offering adequate visibility for the proposed signs and/or other tenant identification
ground signs. It is the only entrance with open space suitable for signs necessary
to alert motorists that they are approaching the entrance into Newport Center.
Coastal Development Permit
The Coastal Development Permit is for the sign located within the ¼-round
landscaped area within the Coastal Zone at 1402 Newport Center Drive. The
location is north of East Coast Highway, over 1,800 feet from Newport Harbor
waters and serves as the main entrance into Newport Center/Fashion Island from
East Coast Highway.
The proposal is for the existing signs, which are comparable in size and scale, to
be replaced with an updated design, decorative cap and base resulting in t he
nominal increase in height and width. The Zoning Code includes the process of a
Modification Permit to allow deviation in height, location and area for monument
signs. Modification Permit No. MD2011-018 was approved for the original signage.
Since, the adoption of the Local Coastal Program Implementation Plan, Title 21
applies to the sign at 1402 Newport Center Drive.
The new signs are the replacement of existing signs within the same location and
they are not located between the nearest public road and the sea or shoreline.
Public views and viewpoints were assessed with photo simulations provided by the
applicant and confirmed by windshield analysis by staff. The existing and proposed
signs do not inhibit public views of the bay nor do they inhibit views from public
viewpoints or parks.
Coastal Development Permit Variance
Title 21 allows for the Modification Permit for the deviation in the height of
monument signs to a maximum of 8 feet tall. Therefore, the applicant requests a
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variance of this section in Title 21 to allow for the increase in height to 10 feet, 3
inches.
Title 21 allows for development standards to be modified or waived through the
approval of a coastal development permit. In this case, the requested variance is
associated with Title 21 only and there are no deviations requested to Title 20
standards. Therefore, the Zoning Administrator remains the review authority.
The increase in the height and width will provide more consistency with the other
existing monument entry signs to Newport Center. The slight increase in size is in
scale and complementary to the large buildings and signage in the surrounding
area. The large landscaped area where the sign is located is appropriate for the
larger sign as there are no other structures within this area and creates greater
visibility at this entrance.
The updated design will improve aesthetics of the sign and provides conformity
with the other signs in Newport Center. The proposed signs do not block or impede
public access to and along the sea or shoreline and to coastal parks, trials or
coastal bluffs and scenic areas. A windshield study analysis and photo simulations
were provided to support this finding. They are attached as Attachment No. ZA 3
No impacts were found.
The proposed sign is the replacement of an existing sign within an existing
landscaped corner area. The sign is not in or near any coastal resource or sensitive
habitat. Newport Harbor is over 1,800 feet away across East Coast Highway.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15311 under 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. Class 11 allows for the construction or replacement of minor
accessory structures to existing commercial facilities. The proposed project is the
replacement of signs accessory to the Fashion Island/Newport Center regional commercial
area.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, d oes not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Newport Beach Municipal Code
Chapters 20.64 and 21.64. The project site is not located within the appeal area of the
coastal zone; therefore, final action by the City on the applications may not be appealed to
the California Coastal Commission. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
BMZ/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description and Justification
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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05-14-19
RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
MODIFICATION PERMIT NO. MD2019-007 AND COASTAL
DEVELOPMENT PERMIT NO. CD2019-070 TO REPLACE AND
INCREASE THE SIZE OF TWO EXISTING MONUMENT SIGNS
LOCATED AT 1401 AND 1402 NEWPORT CENTER DRIVE
(PA2019-209)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Irvine Company Retail Properties (Applicant), with respect to
properties located at 1401 and 1402 Newport Center Drive, requesting approval of a
modification permit and coastal development permit.
2.The lot at 1401 Newport Center Drive is legally described as Parcel A in Resubdivision
0465 and the lot at 1402 Newport Center Drive is legally described as Parcel A in
Resubdivision 1006.
3.The Applicant requests a modification permit and coastal development permit to amend a
previously approved Modification Permit No. MD2011-018 for two freestanding, double-
faced signs located at the northeast and northwest corners of the intersection of East Coast
Highway and Newport Center Drive. The amended Modification Permit would allow an
increase in the originally approved height limit by 3 feet, 3 inches and width by 9-inches to
a maximum height of 10 feet, 3 inches and maximum width of 13 feet, 9 inches. Each sign
is located on a separate parcel, 1401 and 1402 Newport Center Drive. 1402 Newport
Center Drive is located within the Coastal Zone and requires a coastal development permit
including a waiver of the maximum height allowance for a monument sign. This
Modification Permit will supersede and replace Modification Permit No. MD2011-018.
4.The subject properties are designated Open Space (OS) by the General Plan Land Use
Element. 1401 Newport Center Drive is located within the PC-17 (Corporate Plaza) Zoning
District and 1402 Newport Center Drive is located within the PC-40 (Corporate Plaza West)
Zoning District.
5.The property at 1401 Newport Center Drive is not located in the coastal zone. The property
at 1402 Newport Center Drive is located within the coastal zone. The Coastal Land Use
Plan category is Open Space (OS) and it is located within the PC-40 Corporate Plaza West
Coastal Zone District.
6.A public hearing was held on February 27, 2020, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15311, Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 11 (Accessory Structures),
because it has no potential to have a significant effect on the environment. Class 11 allows
for the construction or replacement of minor accessory structures to existing commercial
facilities. The proposed project is the replacement of signs accessory to the Fashion
Island/Newport Center regional commercial area.
2. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Modification Permit
Pursuant to NBMC Section 20.42.110 (Modification Permit), deviations in sign height greater
than 20 percent and sign area greater than 30 percent are subject to the approval of a
modification permit. In accordance with NBMC Section 20.52.050 (Modification Permits), the
following findings and facts in support of such findings are set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The proposed replacement monument signs will maintain their existing location within
the ¼--round landscape areas on both sides of the Newport Center Drive entrance
into Newport Center from East Coast Highway. The monument signs are accessory
to the primary use of a landscaped entry point to Newport Center. These areas are
open space entry points to Newport Center. These landscaped areas create an
enhanced entry and serve as the only entry from East Coast Highway. The nominal
increase in the size and scale of the signs are complementary to the landscape areas
and will not significantly diminish nor will they negatively impact the open space
character.
2. The proposed size and scale of the signs are complementary to the approximately
1.5 acres each landscape areas and will not significantly diminish or negatively impact
the open space character.
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3. Use Permit No. UP3131, originally approved in 1985, and subsequently amended
in 1989, and again in 1993, allowed for the installation of a network of freestanding
signs at the major entrances into Newport Center. The development consists of
freestanding cube and monument signs at the Santa Barbara entrance from
Jamboree Road, the Santa Cruz Road and Santa Rosa Drive entrances from San
Joaquin Hills Road, the San Miguel Drive entrance from MacArthur Boulevard, the
southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and the
northeastern and southeastern corners of Jamboree Road and San Joaquin Hills
Road. Also included are the two freestanding pylon signs located in the center
median of the Newport Center Drive entrance into Newport Center from East Coast
Highway. While all the signs were originally approved to identify Newport Center,
they (except the pylon signs within the Newport Center Drive median) were
modified over time to identify tenants within Newport Center and Fashion Island.
The modifications were a result of Fashion Island’s reputation for attracting
shoppers from a larger region who were less familiar with the local road system.
The additional signage and tenant identification was necessary for increased
visibility to alert motorists traveling to the regional business and shopping center.
4. In 2011, the Zoning Administrator approved Modification Permit No. MD2011-018
to allow the addition of two 7-foot by 13-foot wide freestanding monument signs
into the identification signage network for Fashion Island/Newport Center area. The
Modification Permit was necessary because the development standards for the
placement of signs within PC-17 and PC-40 only identify building and tenant signs
within each PC and did not include signs identifying buildings or tenants within the
Center. PC-17 and PC-40 stipulate that the Zoning Code will apply to situations not
identified in the text of the development standards. The Local Coastal Program
Implementation Program was not in effect at this time.
5. The height of the proposed monument signs are 10 feet, 3 inches as compared to
the other existing entrance freestanding signs, which are either monument or cube -
shaped and range in height from 8 feet, 6 inches to 11 feet, 6 inches, except the
two existing pylon signs which are 43 feet in height within the center median of
Newport Center Drive. Though the proposed signs vary in size and shape as
compared to the other existing freestanding signs, they were designed to: 1) be in
scale and character of their immediate surroundings; and 2) provide a similar
benefit as the existing signs by identifying individual tenants within Newport Center
and Fashion Island from a major entrance.
6. The proposed signs will allow the materials and construction features and letterin g
to remain up to date and similar to the existing pylon signs located within the
median of Newport Center Drive entrance into Newport Center from East Coast
Highway.
7. The proposed monument signs do not include an address plate, which is consistent
with the other existing freestanding identification signs located throughout Newport
Center.
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Finding:
B. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
Facts in Support of Finding:
1. Newport Center is a regional center for business and commerce. The commerce
component of Newport Center, Fashion Island, is located behind existing office
buildings and screened from view from East Coast Highway. Consequently, the
location, sign area, content, height, and width of the proposed signs are necessary
to provide adequate identification of key tenants within the Fashion Island area
from East Coast Highway. The signage will enable motorists to identify more clearly
destination points and the Newport Center Drive access to Fashion Island from
East Coast Highway.
2. The replacement monument signs are a logical design for this development,
including the decorative base and cap, which will be consistent with all other similar
signage. In addition, the replacement signs, when viewed in collaboration with the
existing pylon signs provide greater project and tenant identification to the site.
Finding:
C. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in phy sical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. The proposed signs do not interfere with the intent or purpose of the Zoning Code
as they provide for adequate identification of the site while guarding against the
excessive and confusing proliferation of signs. The signs attract and invite rather
than demand the public’s attention. Their design is complementary to the area and
uses to which they relate and harmonious with their surroundings.
2. The granting of the Modification Permit is necessary to update and replace the
existing modification permit to allow for deviations to the monument signs for sign
height, width and area as well as the sigh copy to maintain the tenant names.
3. Providing tenant names, as the existing signs and the replacement signs do,
provide greater convenience to motorists offering adequate identification of key
uses, which are not visible or otherwise not recognized, within Fashion Island from
East Coast Highway. Additionally, tenant names on monument sings are common
throughout the City of Newport Beach and throughout regional business and
commerce centers.
4. PC-17 and PC-40 regulations do not specify limitations on the height, width, or sign
area of monument signs. Zoning Code regulations limit the maximum height to 8
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feet (6 feet average), the maximum width 9 feet, and the maximum sign area to 75
square feet. Modification Permit No. MD2011-018 was approved to allow the
monument signs to be 7 feet tall by 13 feet wide. The proposed replacement
monument signs with a decorative base and cap are 10 feet, 3 inches tall by 13
feet, 9 inches in width and a sign area of 93 square feet.
5. The increase in the height, width and sign area of the proposed monument signs
is necessary in order to provide greater visibility for the entrance into Newport
Center from Newport Center Drive and to allow the signs to be developed in scale
with and complementary to their surroundings. The increase is less than that of the
other freestanding signs located at the other perimeter entrances into Newport
Center. The increased width and height of the proposed monument signs is justified
due to the large 1.5 acre, ¼-round landscape areas surrounding the signs, which
provides for a greater area of open space as compared to other open space
corners within Newport Center. The increase in sign area is a direct result of the
overall increased dimensions of the signs and the need for greater visibility for the
entrance into Newport Center.
Finding:
D. There are no alternatives to the Modification Permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1. The proposed replacement monument signs are a logical design solution to identify
key tenants from the outer perimeter of the Newport Center Drive entrance from
East Coast Highway. The signs will be in scale with the existing development and
complement the two existing pylon signs.
2. Due to the amount of retail and office space within the center as well as the location
and configuration of the buildings and roadways, the monument signs of an
increased height, width and sign area that identify the individual tenants will provide
greater convenience and visibility for motorists to the site.
3. There are no other direct entrances into Newport Center from East Coast Highway
offering adequate visibility for the proposed signs and/or other tenant identification
ground signs. It is the only entrance with open space suitable for signs necessary
to alert motorists that they are approaching the entrance into Newport Center.
Finding:
E. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
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Facts in Support of Finding:
1. The replacement monument signs will be constructed on private property at the
intersection of Newport Center Drive and East Coast Highway. They will neither
change the density or intensity of the existing commercial use nor affect the flow of
light or air to adjoining residential properties.
2. The monument signs, as conditioned, will not interfere with sight distance from any
street or driveway. The City Traffic Engineer has reviewed the replacement signs
for sight distance requirements. A condition is in place to require final review of
plans prior to permit issuance by the City Traffic Engineer.
3. The existing freestanding identification signs located throughout Newpo rt Center
at the major entrances have not proven to be detrimental.
4. The listing of tenant on the monument signs promotes public safety by making this
information more visible to motorists driving through a heavily traveled, high-speed
intersection and allowing drivers to pay more attention to traffic conditions.
Furthermore, the addition of tenant names to the monument sign will increase
awareness of the center’s businesses.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth for the replacement sign located at 1402 Newport Center Drive:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable residential development
standards including, but not limited to, floor area limitation, setbacks, height, and
parking.
2. The project site is not abutting a coastal view road, public access way, or Coastal
Viewpoint as identified in the Coastal Land Use Plan. However, there is Irvine
Terrace Park which is a coastal view site, and coastal view road segments to the
north on Newport Center Drive and to the west on Coast Highway, which are all in
the vicinity and analyzed further. Irvine Terrace Park is directly across East Coast
Highway approximately 200 feet away and separated by an approximately 6 -foot
tall block wall on the park parcel. When inside the park, there is a public view
towards Newport Harbor. The proposed replacement signs do not impact nor
detract from these views. The nearest coastal view road is the segment of Newport
Center Drive at the intersection of Civic Center Drive/Granville Drive approximately
750 feet north of the subject property. This segment curves up towards Corporate
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Plaza and Corporate Plaza West and the sign locations are not visible from this
location, as confirmed with site analysis and windshield surveys. Another segment
of coastal view road begins approximately 4,000 feet west of the project site at the
intersection of East Coast Highway and Jamboree Road. The proximity between
Coast Highway to the Bay expands as the road travels east, such that the segment
abutting the project site is not considered a coastal view road. Newport Harbor is
approximately 1,800 feet south of East Coast Highway and is obstructed by existing
residential and nonresidential development.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone .
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or
shoreline. The proposed sign is the replacement of an existing sign within an existing
landscaped corner area. The sign is not in or near any coastal resource or sensitive
habitat. Newport Harbor is over 1,800 feet away across East Coast Highway.
Coastal Development Permit Variance
In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development
Standard), the Zoning Administrator may approve a waiver to a development standard of the
Implementation Plan only after making all of the following findings:
Finding:
H. The Zoning Administrator has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
Facts in Support of Finding:
1. An alternative to the proposed sign is to not update this sign with the new design.
The intent is to provide an updated adequate identification of the site while guarding
against excessive and confusing proliferation of signs . The new design allows for a
decorative base and cap and to be the appropriate size given the location and
conformity to all other monument signs at the entrance to Newport Center. The sign
is complementary to the area and uses to which they relate and harmonious with the
surroundings.
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2. The proposed sign is the replacement of an existing sign within an existing
landscaped corner area. The sign is not in or near any coastal resource or sensitive
habitat. Newport Harbor is over 1,800 feet away across East Coast Highway.
Finding:
I. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property own ers in the
vicinity and in the same coastal zoning district.
Facts in Support of Finding:
1. The increase in the height of the proposed replacement monument sign is necessary
in order to provide consistency with all other existing monument signs at entrances
to Newport Center and to allow the signs to be developed in scale with and
complementary to their surroundings. The increase in height is less than that of the
other freestanding signs located at the other perimeter entrances in Newport Center .
2. The increased width of the proposed replacement monument sign is justified due to
the addition of a decorative base and cap , which improve the aesthetics of the sign
and provide conformity with other similar signs in Newport Center.
Finding:
J. The variance complies with the findings required to approval a coastal development permit
in NBMC Section 21.52.015(F).
Fact in Support of Finding:
1. Facts in Support of Findings F and G above are hereby incorporated by reference.
Finding:
K. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs or
other scenic coastal areas.
Fact in Support of Finding:
1. The replacement sign will be located in the same location as the existing sign, at the
northwest corner of the entrance to Newport Center at Newport Center Drive and
East Coast Highway. There is no public access to and along the sea or shoreline
and to coastal parks, trails, or coastal bluffs in the area of the proposed sign.
3. The replacement sign does not block or significantly impede public access to and along
the sea or shoreline and to coastal parks, trials or coastal bluffs and scenic areas. A
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windshield study analysis and photo simulations were provided to support this finding.
No impacts were found.
4. Fact in Support of Finding H.2 above is hereby incorporated by reference.
Finding:
M. The variance will not result in development that has an adverse effect, either individually or
cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or
wildlife species.
Fact in Support of Finding:
1. There are no coastal resources on the property nor are there any in the immediate
area that could be affected by replacement of the monument sign. The proposed
sign is the replacement of an existing sign within an existing landscaped corner area.
The sign is not in or near any coastal resource or sensitive habitat. Newport Harbor
is over 1,800 feet away across East Coast Highway.
Finding:
N. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program.
Fact in Support of Finding:
1. Facts in Support of Finding H above are hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment, and the exceptions under Section 15300.2 are not
applicable.
2. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2019-007 and Coastal Development Permit No. CD2019-070, subject to
the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by
reference.
3. This action shall become final and effective 14 days following the date the Resolution
is adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Newport Beach
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Municipal Code Chapters 20.64 and 21.64. The project site is not located within the
appeal area of the coastal zone; therefore, final action by the City on the applications
may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF FEBRUARY, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and sign
plans stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. Prior to permit issuance, the locations of the signs shall be reviewed and approved by
Public Works to ensure the locations comply with sight distance regulations.
3. The dimensions of the monument signs shall not exceed the size depicted on the
approved plans, or 10 feet, 3 inches tall, by 13 feet, 9 inches wide. The area of the actual
sign face shall be limited to a maximum of 93 square feet per face.
4. The subject monument signs are permitted to include tenant signage that would
otherwise be precluded by the Corporate Plaza and Corporate Plaza West Planned
Community regulations.
5. The subject monument signs are to complement the two existing 43 feet high pylon signs
within the Newport Center Drive median and shall not include any of the same text,
unless otherwise approved by the Community Development Director, to guard against
excessive signage and to ensure the signage preserves and enhances the community’s
appearance.
6. To ensure readability of the monument size, the minimum letter size allowed shall be 6
inches.
7. The proposed monument sign shall not be required to include address plate, unless
otherwise required by the Fire Department or Planning Division.
8. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
9. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
10. This Modification Permit No. MD2019-007 and Coastal Development Permit No. CD2019-
070 shall expire unless exercised within 24 months from the date of approval as specified
in Section 20.54.060 and 21.54.060 (Time Limits and Extensions) of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
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02-03-2020
11. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Newport Center Monument Signs including, but not limited to, Modification
Permit No. MD2019-007 and Coastal Development Permit No. CD2019-070 (PA2019-
209). This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, causes of action, suit or proceeding whether incurred by Applicant,
City, and/or the parties initiating or bringing such proceeding. The Applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in
enforcing the indemnification provisions set forth in this condition. The Applicant shall pay
to the City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Coastal Development Permit No. CD2019-070
Modification Permit No. MD2019-007
PA2019-209
1401 and 1402 Newport Center Drive
Subject Property
Subject Property
21
Attachment No. ZA 3
Applicant’s Project Description and
Justification
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24
25
26
27
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29
30
31
32
33
34
35
36
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Attachment No. ZA 4
Project Plans
42
PA2019-209SHEET INDEX COVER PAGE SITE PLAN SIGN TYPE C2 SCOPE OF WORK PAGE 2 PAGE 3 TO COMPLETELY REMOVE (2) EXISTING INTERNALLY ILLUMINATED TENANT MONUMENTS & REPLACE WITH (2) NEW INTERNALLY ILLUMINATED TENANT MONUMENTS. FASHION ISLAND PERIMETER PROJECT 401 NEWPORT CENTER DR. NEWPORT BEACH, CA 92660 TENANT MONUMENT MODIFICATION ALL WORK TO COMPLY WITH THE 2016 CALIFORNIA BUILDING CODE (CBC), 2016 CALIFORNIA ELECTRICAL CODE (CEC) AND THE 2016 CALIFORNIA ENERGY CODE (TITLE 24) Tfll Ril[HIIf [IllilHl 3411 LAKE CENTER DRIVE, SANTA ANA, CA 92704 P 714.556.0990 F 714.850.4888 519334 08-21-19 43
PA2019-209SIGN INDEX -SMALL PANEL· TENANT MONUMENT 1 SITE PLAN SCALE: N.T.S. IFil HR[HITI[TllRRl ~I~IlR~t 3411 LAKE CENTER DRIVE, SANTA ANA, CA 92704 P 714.556.0990 F 714.850.4888 44
PA2019-209525'·0" 525'·0" 1 SITE PLAN -DETAIL SIGN TYPE C2 -LIGHT OF SIGHT TRIANGLE SCALE: 1" = 100' TH(D,\l,\!NT>1lSl>OCUM(NIM,\TINCDl!POfl,\T[PIIO!>Al[T.\IIVlt!CHTSOf'lN[Cl.1(NT.,\NYPAIIT'Y PROJ[CTNAM[: SHECTTITI.E: ORAWNIY:: REVISIONS: □•--LlA~AsNOi-c:i .. I f Il H R [ H I I t [ I ll R H 1 ~ I ~ Il R ~ t ,\(C[PTH•CTHISDDCUMCNTDOUSOINCON1'1DOK[MID4'11[[STHATITSH.o.LLNOTB[DVPUCATl0. FASHION ISLAND; SITE PLAN JOHN COOPER 6Namr. Oatr. ____ QR.-.1 .. ,11 .... 11m1t N INWHOL[ORINPART.N0R01S0.0S[DT001'W[IIS,WIT>10UTTH(WIIITT(NCON5(NTOf'TH[CLl(Nl. PERIMETER PROJECT ~Namr. 0.atr., ___ APf't!OVEDIV: "" CO!HRACT0Rst1AlLV[ll!rTM.LCONDIT10NS0NTH[J01$11£....,..0NOTIFTTl1[PII0.1[(1[NCIN[(R PROJECTLOCATtOH: JOB NUMBER: STARTOATt: 6Name: SHEET NUMBER: " Of'A.NTV-.Jll,\TIONSFIIOMTH(OIM(NSIOll$SHOWNON1"[5COR"W!NCSMFORt:PROCEtDINCWITH Oatr. __ .. 3411 LAKE CENTER DRIVE, SANTA ANA. CA 92704 P 714,556.0990 F 714.850.4888 ANTCONSTl!UCTIOII.W!IITTtNOIWl:NSIOIISTOSCTPll[C(D(NC[OV(IISCAL[DDRAWINCS. NEWPORT BEACH, CA 519334 08-14-19 6Namr. Datt: FI-P-SITE-1.2 Q. 45
PA2019-209-::COC:LO::':R:-:'S::'CH=ED~U~LE~-----,,-=,----,=,----===----,-,----NOTES AND SPECIFICATIONS 6'·81/4" --==::::-----------------------------1·1-·J FABRICATED, PAINTED ALUM. CAP & BASE W/ FAUX PLASTER FINISH & BONE WHITI L_.. GROUT LINES. IT JtrBLACK [2] FABRICATED, PAINTED ALUM. MAIN CABINET W/ SMOOTH FINISH & 2" --· DEEP CHANGEABLE TENANT PANELS ON BOTH SIDES. PRAIRI£ TAN FAUX PLASTER flNISH (QUICKR[TE CSJ) [-i] 3/4" PROUD FACE-LIT ENCAPSULATED ACR. GRAPHICS W/ EMBEDDED DAY/ttlGHT ACRn1TE BLACK _,TE9KOi:M ----LED LIGHTING & 3/16" THK. DAY/NIGHT ACR. ADHERED TO FACE. MECHANICALLY FASTEN FLUSH TO FACE OF TENANT PANEL. 5'·0" 3'·11/2" [~] :;•G~~~TINUOUS CONCRETE MOWSTRIP TO MATCH FINISH OF EXISTING 1···-·7 I __ ~_) :~;~~~DP:~ E~Tii~~~~~~:~~::N~:c~D:Js~~~o T~0:~~~~~L FRAME. [~] 3/4" X 3/4" CONTINUOUS PAINTED ALUM. REVEAL J~ PLAN VIEW (TYPICAL) SCALE: 3/8" = 1'-0" ["7] 1/8" THK. PAINTED ALUM. REMOVABLE TOP (2 SECTIONS), ····· MECHANICALLY FASTENED TO FRAME. NOTE: WELD, GRIND, FILL & SAND SMOOTH ALL JOINTS PRIOR TO PAINTING. 'r ... ~ I r ,•-s,,... 11 NOTE: FOR COMPLETE FOOTING DETAILS, SEE ENGINEERING. 12'-81/4" 9¼" __ ) 1'·10" 7'-4" _Li 1••10" 11": NEIMAN MARCUS --t----IJ1----+-,-------------------+--;--"""" _Li 11" NORDSTROM -+---=P 1---..;....;.---------------____;.-+,L---, 21/a" 10'·3" _Li :BLOOMINGDALE' 1 1'-10" 11" : ~ --------::ri:' >---;-----------------------,-+--I l'-lO" l1" TENANT NAME ON/OFF SWITCH OPPOSITE SIDE OF ROAD Ti 1'-11/e" 113/e" 1" .. QTY:2 ELEVATION (TYPICAL) -DOUBLE SIDED, (93 SO.F'T. SIGN AREA) SCALE: 3/8" = 1'-0" 2~ SIDE VIEW (TYPICAL) SCALE: 3/8" = 1'-0" PROJECT NAME: SHEET TITLE: DRAWN 8Y: REVISIONS: Ifll RR[HITt[TllRRl 3411 LAKE CENTER DRIVE, SANTA ANA, CA 92704 P 714.556.0990 F 714.850.4888 :~~;;;,:;r:~~50°0~~:~~\:: •:i~NR~~::i~E=~~P:~~T::;E~:~:;~/;:;~~:~:~:::~~TED, FASHION ISLAND; SIGN TYPE C2; JOHN COOPER 6, Name: ____ Date: --··-----~N;;:~~~~1::A~LT~;:~~~~o:!!'o:;,~r::;:t~:~;1;~~=:~~~:~~::E;;o~:~;~!~:~;;~ 1-!'..o-E-~EC-l~-~-:-!-:-:-R_OJ_E_C_T_--1.-~0-~-~-~-~E-:A-N_E_L ____ +-m-,-,,-,.,-,,------<6.Name: Date: OF ANY VARIATIONS FROM TH[ DIMENSIONS SHOWN ON TH(SE DRAWINGS BEFORE PROCEEDING WITH 6. Name: Oet, ANYCONSTRucnoN.wR1mtf01MENS10NSTOSET~ECEO£NcEovERSCAL£DDRAWINGS. NEWPORT BEACH, CA 519334 08-14·19 ~Name: Date:-· [] Approwd [l Approwd A~ Noted _ ["jRelllM&R•tubmlt f'> ~·~-=:""::!':!':'.:'======cl "' SHEET NUMBER: ~ F'I-P-2.O-C2 46
PA2019-2093) PHOTO RENDERING SCALE: N.T.S. 1 OLD/NEW SIGN OVERLAY (TYPICAL) SCALE: 3/8" = 1'-0" I F Il R R [ H I I I [ I ll R R l ~ I 3411 LAKE CENTER DRIVE, SANTA ANA, CA 92704 P 714.556.0990 b Il R b I P' 714.850.4888 LINE Of EXISTING SIGN. TO BE COMPLETELY REMOVED ~ EXISTING SIGNS TO BE REMOVED SCALE: N.T.S. NEIMAN MARCUS NORDSTROM BLOOMING DALE'S TENANT NAME : I -SIDEA MACY'S WHOLE FOODS THE LOT I I SIDEB FASHION ISLAND HOTEL I Gllll9s1DEA ~ LAYOUTS 2/ SCALE: 3/16" = 1'-0" PROJCCTNAM[: TH(DATAINTHISDOCUMCNTMAYINCORPOA,.TCPIIOAll!£TARTlll"1TSOfTH[CllCIIT.Alll'PIJITY A(C[PTINC.THISDOCUW(NTDOCSSOINCONr,ocMC[ANDAC.ll[CSTHATITSHAl.lNOTIICDUf'\10.TlD. FASHION ISLAND; IN 'lltfOI.[ OR 1H PART. IIOR OISC1.0S[O TO onm,s. WITNOIIT n1c WA1m11 CONSENT Of n1c CUCNT, PERIMETER PROJECT CONTllACTOIISkALLV[ll1fYALLC0ftOITIONSONTll[JOISITt..,NONOTlfTTH(PIIOJECT[Nl,IN((II PAOJCCTLOCATlON: OfANTVAIIIATIONSfllONTH[O!M(N510HSSHOWNONTM[S.CDIIAWINC.SMFOA[PIIOCC[O!tlG,.iTM /VIVCotlSTAUCTION.WIIITT(N(Hl,((NSlONSTOSITl'f!CctO[NC[OVCIISCAL[OOIIAWINGS. NEWPORT BEACH, CA I I SIDE B SHCE'TTITl.E: DAAWNIY:: SIGN TYPE C2; JOHN COOPER SMALL PANEL JOB NUMBER: STAATO,.TE: 519334 08-14-19 NEIMAN MARCUS NORDSTROM BLOOMINCiDALE'S TENANT NAME ' I MACY'S WHOLE FOODS THE LOT FASHION ISLAND HOTEL I REVISIONS; □~-□~A•Nol.O ~N1mr. 01tr. __ OA....i .. i.11 .. ubmlt 6.Namr. Oatr. __ APPROVCD BY: 6,N1mt: SH[[THUMBCA: Dalt: __ ~Namt: Datt: FI-P-2.1-C2 47