HomeMy WebLinkAboutZA2013-025 - Approved 3425 Via Lido Comprehensive Sign and ModRESOLUTION NO. ZA2013 -025
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2013 -006 AND MODIFICATION
PERMIT NO. MD2013 -007 ALLOWING FOR DEVIATIONS IN
SIGN STANDARDS LOCATED AT 3425 VIA LIDO (PA2013 -056)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Frank Landazuri of Efficient Lighting, with respect to property
located at 3425 Via Lido, and legally described as Parcel 1, as shown on a Map filed in
Book 85, pages 1 and 2 of Parcel Maps, in the Office of the Orange County Recorder,
requesting approval of a comprehensive sign program and a modification permit.
2. The applicant proposes a comprehensive sign program to establish design parameters
for four wall signs on an anchor retail tenant building within a 4.8 -acre shopping center
and to allow the following deviations from the Sign Standards of the Zoning Code:
Comprehensive Sign Program
a) The installation of two wall signs on the primary frontage, where the Zoning Code
only allows one wall sign;
b) The installation of wall signs outside the middle 50 percent of tenant frontages;
Modification Permit
c) Proposed sign areas of approximately 170 square feet on the primary frontage
facing Newport Boulevard and approximately 58 square feet on the secondary
frontage facing Via Oporto. The Zoning Code allows a maximum sign area of 75
square feet on the primary frontage and 37.5 square feet on secondary frontages
(increase greater than 30 %); and
d) The installation of 4- foot -high letters and logo associated with one of the primary
frontage wall signs, where the Zoning Code restricts the maximum height to 3 feet
(increase greater than 20 %).
3. The subject property is located within the General Commercial (CG) Zoning District and
the General Plan Land Use Element category is Commercial General (CG).
4. The subject property is located within the Coastal Zone. The Coastal Land Use Plan
category is General Commercial (CG -B).
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5. A public hearing was held on May 16, 2013, in the Corona del Mar Conference Room
(Bay E -1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 11 (Accessory Structures).
2. Class 11 authorizes the construction or replacement of minor structures accessory to
existing commercial facilities, including on- premise signs. The proposed walls signs
are accessory to the existing commercial building.
SECTION 3. FINDINGS.
Comprehensive Sign Program
1. Pursuant to Section 20.42.120 of the Newport Beach Municipal Code, approval of a
comprehensive sign program is required when determined necessary because of
special project characteristics. In this case, the building is currently subject to an
existing comprehensive sign program (MD4327) designed to regulate signage
appropriate for the former supermarket and building design. The building is currently
undergoing significant exterior remodeling, necessitating the preparation of a new
comprehensive sign program. In addition to ensuring proper integration of project
signage, a comprehensive sign program allows for deviations in sign area, total
number, location, and /or height of signs to the extent that the comprehensive sign
program will enhance the overall development and will more fully accomplish the
purposes and intent of Chapter 20.42 (Signs). In accordance with Section
20.42.120.E, a comprehensive sign program shall comply with a number of standards.
The following standards and facts in support of such standards are set forth:
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A. The proposed sign program shall comply with the purpose and intent of this
chapter [Chapter 20.42: Signs], any adopted sign design guidelines and the
overall purpose and intent of this section [Section 20.42.120].
Facts in Support of Standard:
A -1. The subject property is designated Commercial General by the Land Use Element
of the General Plan, which is intended to provide for a wide variety of commercial
activities oriented primarily to serve citywide or regional needs. The structure
which the signs are proposed to be located on is the anchor retail building within a
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4.8 -acre shopping center. The proposed signs are accessory to the primary retail
use and are compatible with the existing commercial center.
A -2. The Lido Village Design Guidelines are applicable. The guidelines encourage
signage to be appropriately scaled to the building, to be readable by both
pedestrians and drivers approaching the site, and to not obscure important
architectural features. The proposed signs have been purposefully designed to
relate to the architectural tower elements of the building, placed to indicate the
location of the building entrances, and designed to be large enough to be read
from the adjacent roadways. The signs are proposed in locations and sized to
be consistent with the proportions of the building's facades.
A -3. In compliance with the purpose and intent of Chapter 20.42 (Sign Standards),
the proposed Comprehensive Sign Program as conditioned provides the use
with adequate identification without excessive proliferation of signage.
Furthermore, it preserves community appearance by regulating the type,
number, design, and area of signage.
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8. The proposed signs shall enhance the overall development and 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.
Facts in Support of Standard:
B -1. Signage has been designed integral with the design and character of the
building.
B -2. Given the architectural design of the building, the proposed signs are properly
located on both architectural tower elements and the large building wall facing
Newport Boulevard. The signs are scaled appropriately to the building facades.
B -3. The two signs proposed on the west elevation facing Newport Boulevard are
appropriate in order to provide one larger sign legible to motorists travelling on
Newport Boulevard and one smaller sign identifying the building entry from the
parking lot.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and
exempt signs.
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Facts in Support of Standard:
C -1. The sign program includes all project signage. Temporary and exempt signs not
specifically addressed in the program shall be regulated by the provisions of
Chapter 20.42.
C -2. The three existing display cases along the north building elevation and one new
display case on the west elevation are primarily intended to display goods to
pedestrians within the shopping center and are not readily visible from the public
right -of -ways. The sign program includes an exemption for incidental signage
associated with the display cases.
Standard:
D. The sign program shall accommodate future revisions that may be required
because of changes in use or tenants.
Facts in Support of Standard:
D -1. The proposed building is designed and utilized as the anchor - tenant building
within a 4.8 -acre shopping center. The sign program has been developed to be
effective for such use and allow flexibility for future changes in tenants.
D -2. It is not anticipated that future revisions to the program will be necessary to
accommodate normal changes in tenants or uses. However, flexibility has been
incorporated into the Sign Program Matrix to allow minor deviations from the
proposed signs.
D -3. Consistent with Chapter 20.42, the Community Development Director [or his /her
designee] may approve minor revisions to the Sign Program if the intent of the
original approval is not affected.
Standard:
E. The program shall comply with the standards of this chapter, except that
deviations are allowed with regard to sign area, total number, location, and /or
height of signs 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.
Facts in Support of Standard:
E -1. The sign program requests deviation in the number of signs, size and location of
wall signs which will aid and enhance the identification and visibility of the anchor
retail tenant from the adjacent roadways, as well as provide appropriate
identification of the two building entries from both parking lots.
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E -2. The deviations in location and size allow for better sign placement on the two
architectural tower elements and the large building wall facing the west parking
lot and Newport Boulevard. The size and location of the signs are appropriately
scaled to the building facades.
E -3. The deviation from the requirement that signs be located within the center 50
percent of the tenant frontage is appropriate given the large building frontages,
partially obstructed visibility from adjacent roadways, and location of
architectural tower elements. The locations of the signs are reasonable and will
be adequately separated to avoid visual clutter and satisfy the intent of the sign
code provisions.
Standard:
F. Approval of a comprehensive sign program shall not authorize the use of signs
prohibited by this chapter.
Facts in Support of Standard:
F -1. The program does not authorize the use of prohibited signs.
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G. Review and approval of a comprehensive sign program shall not consider the
signs' proposed message content.
Facts in Support of Standard:
G -1. The program contains no regulations affecting sign message or content.
Modification Permit
2. Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, 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 Section 20.52.050.E of the
Newport Beach Municipal Code, 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:
A -1. The subject property is designated Commercial General by the Land Use Element
of the General Plan, which is intended to provide for a wide variety of commercial
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activities oriented primarily to serve citywide or regional needs. The structure
which the signs are proposed to be located on is the anchor retail building within a
4.8 -acre shopping center. The proposed signs are accessory to the primary retail
use and are compatible with the size and scale of the other buildings and signage
in the existing commercial center.
A -2. The larger tenant sign facing Newport Boulevard is setback approximately 227
feet from the Newport Boulevard right -of -way. The tenant sign facing Via Oporto
is setback approximately 139 feet from the Via Oporto right -of -way and 131 feet
from the Via Lido right -of -way. Given these distances, the increased sign area
and letter /logo height is reasonable to ensure legibility and does not result in
signage that is out of scale with surrounding development.
A -3. The building fagade facing Newport Boulevard is approximately 165 feet in
width and the fagade facing Via Oporto is approximately 182 feet in width.
Given the width of the building facades and height of the building at
approximately 32 feet, the proposed number, area, and height of the signs are
compatible with the overall massing and bulk of the building.
A -4. Facing Newport Boulevard and Via Oporto are retail, restaurant, and office land
uses. The retail building and proposed signage are compatible with these
commercial land uses.
Findin :
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:
B -1. The building on which the proposed signs are located is the anchor retail
building within the 4.8 -acre shopping center. The building has also been
designed with two separate entrances accessible by two separate parking lots
located on the west and east side of the building; the west entrance faces
Newport Boulevard and the east entrance faces Via Oporto.
B -2. The building is setback approximately 227 feet from the Newport Boulevard
right -of -way, approximately 139 feet from the Via Oporto right -of -way, and 131
feet from the Via Lido right -of -way. The west entrance is considerably further
from the public right -of -way and its sightlines are partially obscured by an
existing, multi -story structure (Griffith Building) located at the corner of Newport
Boulevard and Via Lido. Sightlines to the east entrance are partially obscured
from Via Lido due to the angle of the roadway and the existing commercial
development on Via Lido.
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B -3. Due to the unique building design with two separate entrances, extensive
building setbacks from the adjacent right -of -ways, and limited visibility due to
surrounding development, the increased sign area and letter /logo height is
warranted in order to provide increased visibility of the anchor tenant to
motorists travelling on Newport Boulevard and Via Lido.
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 physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Facts in Support of Finding:
C -1. The purpose and intent of the sign regulations is to provide users adequate
identification while preserving and enhancing the community's appearance by
regulating the type, size, location, quality, design, character, scale, color,
illumination, and maintenance of signs. The sign regulations also encourage the
design of signs that are complementary to the buildings and uses to which they
relate and that are harmonious with their surroundings.
C -2. The retail anchor building is undergoing a complete exterior renovation. There
is a reasonable need for the number, location, type, and size of the signs to
provide adequate identification to the building and to direct pedestrian and
vehicular traffic to the two separate entrances. In addition, the scale of the wall
signage will be compatible with the new facade of the building.
C -3. Two signs are proposed on the west elevation facing Newport Boulevard. The
larger sign (148 sq. ft.) is necessary to provide legible signage to pedestrians
and motorists travelling on Newport Boulevard given the increased building
setback. The smaller sign (22 sq. ft.) is intended to identify the entry location
and is necessary to adequately identify the location of the entrance into the
building from the parking lot on the west side and is scaled for pedestrians.
C -4. The one wall sign proposed on the east elevation facing Via Oporto is proposed
to be approximately 58 square feet and is also intended to be larger to provide
legible signage to pedestrians and motorists traveling on Via Oporto and Via
Lido, and to adequately identify the east entrance.
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.
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Facts in Support of Finding:
D -1. The existing building has multiple facades visible from two major streets
(Newport Boulevard and Via Lido) and one less traveled street (Via Oporto). In
addition, two separate surface parking lots are located on both the west and
east side of the building, resulting in increased setbacks from the adjacent
streets. Wall signage compliant with sign regulations of the Zoning Code would
not allow for the design of effective signage that would be legible for
pedestrians and motorists travelling along the adjacent streets. The proposed
signage is necessary due to the size of the site and orientation of the building.
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.
Facts in Support of Finding:
E -1. This approval will allow for an increase in the number and size of walls signs, but
will not result in a change in intensity or density of the existing retail use.
E -2. The site is buffered from surrounding development due to the parking lots on both
the west and east side of the building and further buffered from Newport
Boulevard and Via Oporto right -of -ways.
E -3. The building was previously occupied by Vons Pavilions, a retail grocery store,
which was approved with a sign program under Modification Permit No.
MD4327.The sign program permitted multiple signs on the north, east, and west
elevations, a combined letter /logo height of 6 feet 4 inches, and sign areas of
30 square feet on the north elevation, 106 square feet on the east elevation,
150 square feet on the west elevation, and 96 square feet on the south
elevation. This previous increase in area, number, and height of signs had not
previously proven detrimental.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2013 -006 and Modification Permit No. MD2013 -007, subject to the
conditions set forth in Exhibit A and parameters denoted in Exhibit B, which are attached
hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
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Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
3. This resolution supersedes Modification Permit No. MD4327, which upon vesting of
the rights authorized by Modification Permit No. MD2013 -007 shall become null and
void.
PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF MAY, 2013.
Wisneski, AIPP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan,
building elevations, and sign details stamped and dated with the date of this approval.
(Except as modified by applicable conditions of approval.)
2. Upon demolition or substantial structural and nonstructural changes to the exterior of
the development on which this approval is based, this Comprehensive Sign Program
and Modification Permit shall be rendered nullified and a new Comprehensive Sign
Program shall be obtained for the new or altered development in accordance with the
Zoning Code Provisions in effect at the time the new development is approved.
3. Locations of the signs are limited to the designated areas and shall comply with the
limitations specified in the Sign Program Matrix included in Exhibit "B ".
4. All proposed signs shall be in conformance with the provisions of Chapter 20.42
(Signs) of the Newport Beach Municipal Code, except as modified by this sign
program and modification permit.
5. The signs shall be illuminated in accordance with the provisions of Section
20.42.060.H of the Newport Beach Municipal Code.
6. The applicant 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.
7. Comprehensive Sign Program No. CS2013 -006 and Modification No. MD2013 -007 shall
expire unless exercised within 24 months from the date of approval as specified in
Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. This Comprehensive Sign Program and Modification Permit may be modified or
revoked by the Zoning Administrator if it is determined that the proposed uses or
conditions under which it is being operated or maintained is detrimental to the public
health, welfare or materially injurious to property or improvements in the vicinity or if
the property is operated or maintained so as to constitute a public nuisance.
10. A copy of the Resolution, including Exhibit "A" (Conditions of Approval) and "Exhibit B"
(Sign Matrix) shall be incorporated into the Building Division and field sets of plans
prior to issuance of the building permits.
11. Should the property be sold or otherwise come under different ownership, any future
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owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
12. 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 the West Marine Signs including, but not limited to,
Comprehensive Sign Program No. CS2013 -006 and Modification Permit No.
MD2013 -007. 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.
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EXHIBIT "B"
SIGN PROGRAM MATRIX
Frontages: Primary: Newport Boulevard (West Building Elevation)
Secondary: Via Oporto (East Building Elevation)
Shopping Center Courtyard (North Building Elevation)
Primary Frontage:
Secondary Frontages:
NEWPORT BOULEVARD
VIA OPORTO
Size limitations where applicable
Size limitations, where applicable
Sign Locations A & B — Wall Signs
Sign Location C —Wall Sign
Wall Sign Limitations:
Wall Sign Limitations:
Maximum Number: Two
Maximum Number. One
Area: Cumulative sign area of the wall signs
Maximum Sign Area: 58 square feet
shall not exceed 170 square feet.
Maximum Vertical Dimension, Letter or Logo:
36- inches
Sign Location A:
Location: Centered within entry tower
Maximum Vertical Dimension, Letter or Logo:
Secondary Frontages:
24 inches
Location: Centered within middle 55% of
SHOPPING CENTER COURTYARD
entry tower
Size limitations, where applicable
Sign Location D —Wall Sign
Sign Location B:
Maximum Vertical Dimension, Letter or Logo:
48 inches
Wall Sign Limitations:
Location: Within middle 65% of parking lot
frontage wall
Maximum Number. One
Maximum Sign Area: 36 square feet
Maximum Vertical Dimension, Letter or Logo:
36- inches
Location: Within middle 50% of tenant frontage
All Other Shopping Center Signs
See Modification Permit No. MD4331
Monument Sign (intersection of Finley Avenue
and Newport Boulevard
See Exception Permit No. 39 (amended)
NOTES /REQUIREMENTS:
a) Requirements for all signs per Municipal Code Chapter 20.42, except as provided in this sign
matrix.
b) Sign area is the area measured by two perpendicular sets of parallel lines that surround the
proposed logo and sign copy. All signs shall substantially conform to the approved attached
sign matrix.
c) Incidental signs within display cases are not regulated as to size, content, or color.
d) Pursuant to Section 20.42.120.F of the Zoning Code, the Community Development Director
may approve minor revisions to this approval if the intent of the original approval is not affected.
e) Cabinet sign types shall be prohibited.
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