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HomeMy WebLinkAboutZA2013-044 - Approved CS2013-003 and MD2013-008 for 1301 Dove StreetRESOLUTION NO. ZA2013 -044 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2013 -003 AND MODIFICATION PERMIT NO. MD2013 -008 FOR THE PROPERTY LOCATED AT 1301 DOVE STREET (PA2013 -063) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by JB3D, with respect to property located at 1301 Dove Street, and legally described as Parcel No. 1 of Parcel Map 120 -27, requesting approval of a Comprehensive Sign Program and Modification Permit. 2. The applicant requests a Comprehensive Sign Program for the existing ten -story multiple- tenant office building as follow: • Existing wall signs to remain: • Two (2) primary wall signs (Sign Type 4) and • Two (2) secondary wall signs (Sign Type 5) • New signs: • Two (2) monument signs (Sign Type 1), • One address sign (Sign Type 2), • Five (5) directional signs (Sign Type 3), • Two (2) additional secondary wall signs (Sign Type 5), and • One windscreen signs (Sign Type 6). 3. A comprehensive sign program is required whenever there are three or more separate tenant spaces on the same property and signs (Sign Types 4 and 5) are proposed to be located on or above the second level on a multiple -story building. The building has a total of 34 tenants and tenant identification signs are proposed at the parapet (10th story) level. 4. A modification permit is being requested in order to allow the following signs to exceed the sign deviation allowance per the Comprehensive Sign Program criteria, and from the sign allowance per the Newport Place Planned Community Development Plan (PC Text) and /or the Zoning Code: a. To allow two monument signs (Sign Type 1) to exceed the sign height limit by one foot. The maximum sign height allowed by the PC Text is four feet. Each of the proposed monument signs will be 34 square feet in size with a logo area of 3.25 square feet to be mounted on a five - foot -high wall element. The purpose of the request is to provide motorists better visibility in identifying the subject property from Dove Street. Zoning Administrator Resolution No. ZA2013 -044 Page 2 of 11 b. To allow one address sign (Sign Type 2) of 46 square feet (6 ft x 7.66 ft) to be mounted onto the building canopy. The type and size of the proposed sign are not specifically permitted by the PC Text; however, they are limited to a maximum of 72 square inches and 8 inches in height for letters and individual numbers pursuant to the Zoning Code. The purpose of the request is to provide patrons better visibility in identifying the building address and entry point to the building. C. To allow five directional signs (Sign Type 3) to exceed the sign height limit by 2 feet for a total of 6 feet. These new signs will be located within the existing landscaped planters throughout the parking lot. The directional signs are limited to 6 square feet in size for each, per the PC Text. The sign height is limited to a maximum of 4 feet per the Zoning Code; however, the sign height could be higher with an approval of a comprehensive sign program. The purpose of these signs is to improve internal traffic circulation within the property. d. To allow two additional secondary wall signs (Sign Type 5). The subject property currently has two of these signs which were approved in 2001 and 2004 by modification permits. The applicant is requesting to have two additional signs for a total of four, each with a total sign area of 60 square feet. The number and size of the proposed signs are not specifically permitted by the PC Text or Zoning Code. The purpose of these additional signs is to provide identification for up to four major tenants within the ten -story building that would be visible from Dove Street and from the parking lot. e. To allow one windscreen sign (Sign Type 6) of 1.5 square feet to be mounted on the windscreen at the entrance of the existing cafe. The type and size of the proposed sign are not specifically permitted by the PC Text or Zoning Code. The purpose of the windscreen sign is to provide the identification and point of entry to the cafe. 5. The subject property is located within the PC -11 Zoning District (Newport Place Planned Community, Professional & Business Office Site 1 & 2) and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal). 6. A public hearing was held on August 15, 2013, in the Corona del Mar Conference Room (Bay E -1St Floor), 100 Civic Center Drive, Newport Beach, California. 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, pursuant to Section 15311 (Class 11 - Accessory Structures). Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 3 of 11 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. REQUIRED FINDINGS. Modification Permit to allow a deviation in sign area (above 305'o'), and height and number of wall and free - standing signs (above 20%) as limited by the provisions of the Newport Place Planned Community District Regulations (PC Text) and the Zoning Code authority in conjunction with an adoption of a comprehensive sign program. In accordance with Section 20.52.050.E (Findings and decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Modification Permit are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding The subject property is located in the PC -11 (Newport Place Planed Community, Professional & Business Sites 1 & 2) and is designated MU -H2 (Mixed -Use Horizontal) by the Land Use Element of the General Plan. Sites 1 & 2 are intended to provide for areas appropriate for professional and business offices and commercial uses. The existing property is currently improved with a ten -story, multiple- tenant office building and proposed signage is consistent with this land use designation. 2. The requested modification permit in conjunction with the proposed sign program would allow the existing property to have adequate signage that is more comparable to other current multiple- tenant office buildings located within the Newport Place Planned Community. The existing sign standards in the PC Text were adopted in the early 1970's and have less flexibility for developments that have multiple tenants. The approval of the modification permit with the following restrictions would allow the subject property to have up -to -date sign standards that are compatible with the existing developments in the Newport Place Planned Community. a. The monument signs (Sign Type 1), as proposed, are in scale with the building frontages in that the maximum permissible height for each sign, as denoted in the sign program matrix (Exhibit B), does not exceed five square feet. The purpose of the request is to provide motorists better visibility in identifying the subject property from Dove Street. b. The address sign (Sign Type 2) is to be mounted onto the building canopy as a part of the building entry element and is limited to 46 square feet in size. The Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 4 of 11 purpose of this request is to provide patrons better visibility in identifying the building address and entry point to the building. C. The increased height of the directional signs (Sign Type 3) is necessary to provide improved traffic circulation within the subject property and shall be limited to 6 square feet in size and 6 feet in height. The purpose of the request is to improve internal traffic circulation within the subject property. d. The additional secondary wall signs (Sign Type 5), for a total of four, are limited to 60 square feet in size. These signs would be visible from Dove Street and parking lot. The purpose of this request is to provide identification for up to four (4) major tenants within the ten -story building that would be visible from Dove Street and the parking lot. e. The windscreen sign (Sign Type 6) is limited to 1.5 square feet in size to provide identification and entry point to the existing caf6. The purpose of this request is to provide identification and point of entry to the existing caf6. 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 The existing building is situated approximately 170 feet from Dove Street. The lack of clear orientation of building entryways and the parking configurations limit the ability to identify the subject property from Dove Street; to determine the building address and entry points to the building; and to follow vehicular direction to appropriate parking location. 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 The modification permit will allow additional signage to clearly identify the subject property, building entry points, building tenants, and to improve internal traffic circulation. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 5 of 11 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 The granting of a modification permit allows the increased height, size and number of the signs to facilitate identification of the multiple- tenant building and to improve the overall internal traffic circulation. No similar provision could be granted within the parameters of Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code. 2. No foreseeable detriment will result from the approval of the modification permit as conditioned. 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 1. The proposed modification for signage will not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City. The location, number, and size of the proposed signs will not cause and /or generate safety issues to motorists. Comprehensive Sign Program Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever there are three or more separate tenant spaces on the same property and signs (Sign Types 4 and 5) are proposed to be located on or above the second level on a multiple -story building. The building has a total of 34 tenants and tenant identification signs are proposed at the parapet (10th story) level. 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: Standard: 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]. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 6 of 11 Facts in Support of Standard: The application for a Comprehensive Sign Program is appropriate in order to allow flexibility of signage regulations for projects that require multiple signs. This application is allowed by the Zoning Code provisions and takes the place of the Newport Place Planned Community District Regulations. It applies to the proposed and existing signs on the subject property. In doing so, the purpose of the PC Text and Zoning Code is achieved while allowing latitude in the design and display of multiple signs. 2. The proposed Sign Program provides the uses with adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, and general design of signage. The proposed sign program would be more comparable to other multiple- tenant office buildings located within the Newport Place Planned Community. Standard: B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: The site is for use by multiple tenants and the signage has been designed to be integral with the design and character of the building. 2. The size, number and location of the proposed signs will ensure that adequate visibility is provided, and are proportional in size with the building. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: The proposed sign program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 7 of 11 Facts in Support of Standard: 1. The project site is for the use of multiple commercial tenants and has been designed to be effective for such uses. 2. 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 SUDDort of Standard: 1. The Sign Program requests deviations in the sign height of up to 30 percent and 20 percent for the number, location and height of the proposed signs to aid and enhance the identification and visibility of the commercial tenants from the public roadway. Standard: F. The approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Facts in Support of Standard: 1. The program does not authorize the use of prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Facts in Support of Standard: 1. The program contains no regulations affecting sign message or content. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2013 -003 and Modification Permit No. MD2013 -008, subject to the Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 8 of 11 conditions set forth in Exhibit A, which are attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days after adoption of this Resolution unless within the same time an appeal is filed with the Community Development Director in accordance with the provisions of the Title 20 of the Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF AUGUST, 2013. 0 Wisneski, AIPP, Zoning Administrator Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 9 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved Comprehensive Sign Program, details, and elevations, except as noted in the following conditions. 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 Newport Place Planned Community District Regulations and the Zoning Code Provisions in effect at the time the new development is approved. 3. The number, size, and type of the signs located on the subject property shall comply with the limitations specified in the Sign Program Matrix included in Exhibit "B" and the approved Comprehensive Sign Program. 4. 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 ", the approved Comprehensive Sign Program, and any applicable sight distance provisions of Chapter 20.42 of the Newport Beach Municipal Code or required by the Public Works Department (City Standard 110 -L, using S =525 feet for MacArthur Boulevard). Additionally, the applicant shall provide Sight Distance Exhibits for review and approval by the Public Works Department prior to issuance of building permits. 5. All signs shall be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 6. In accordance with Municipal Code Section 20.42.120.E of the Zoning Code, the Community Development Director may approve minor revisions to the approved Comprehensive Sign Program if the intent of the original approval is not affected. This may include deviations on the tenant configurations, such as combining or dividing suites. 7. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Planning 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 approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 10 of 11 8. A building permit shall be obtained prior to commencement of the construction and /or installation of the signs. 9. A copy of the approved resolution, including conditions of approval and sign matrix, shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits for the proposed new sign installations to identify this approval as the authority for location, size and placement. 10. 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 1301 Dove Street Sign Program, including, but not limited to Modification Permit No. MD2013 -008 and Comprehensive Sign Program No. CS2013 -003 (PA2013 -063) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2013 -044 Page 11 of 11 EXHIBIT "B" SIGN PROGRAM MATRIX Tmplt: 03/08/11 SIGN TYPE 1 - TENANT MONUMENT SIGN INTENT MONUMENT SIGN TO IDENTIFY THE PROJECT FRONTAGE DOVE STREET CONTENT PROJECT NAME AND UP TO (4) TENANT NAMES LOCATION PARALLEL TO DOVE STREET AT THE PROJECT ENTRY QUANTITY TWO SIGN SIZE TOTAL SIZE: 14' -2" X 28" SIGN AREA: 34 SF LOGO SIZE: 21 1/2" SQ. LOGO SIGN AREA: 3.25 SF MATERIAL SMOOTH, DURABLE, NON - WEATHERING SIGN. ALL HARDWARE SHALL BE OF NONFERROUS METALS. ILLUMINATION PERMITTED LETTERSTYLE PROJECT FONT COLOR DARK GREY, SILVER, & WHITE SIGN TYPE 2 - ADDRESS INTENT TO IDENTIFY THE BUILDING TO PATRONS FRONTAGE DOVE STREET CONTENT ADDRESS NUMBER LOCATION AT BUILDING ENTRY QUANTITY ONE SIGN SIZE TOTAL SIZE: 7' -8" X 6' -0" SIGN AREA: 46 SF MATERIAL SMOOTH, DURABLE, NON - WEATHERING SIGN. ALL HARDWARE SHALL BE OF NONFERROUS METALS. ILLUMINATION PERMITTED LETTERSTYLE PROJECT FONT COLOR DARK GREY, SILVER, & WHITE 1301 DOVE - SIGN MATRIX 7.8.13 SIGN PROGRAM #CS2013 -003 MODIFICATION PERMIT #MD2013 -008 SIGN TYPE 3 - DIRECTIONAL INTENT TO PROVIDE DIRECTIONAL INFO TO PATRONS FRONTAGE N/A CONTENT DIRECTIONAL INFO AND PROJECT LOGO LOCATION WITHIN PROJECT QUANTITY FIVE SIGN SIZE GRAPHIC AREA: 6 SF LOGO SIZE: 6" SQ. SIGN HEIGHT. 6' -0" MATERIAL SMOOTH, DURABLE, NON - WEATHERING SIGN. ALL HARDWARE SHALL BE OF NONFERROUS METALS. ILLUMINATION PROHIBITED LETTERSTYLE PROJECT FONT COLOR DARK GREY, SILVER, & WHITE SIGN TYPE 4 - PRIMARY ON- BUILDING SIGN INTENT TO IDENTIFY PRIMARY BUSINESS NAMES OCCUPYING A MULTI - OCCUPANT 10 STORY BUILDING. FRONTAGE DOVE STREET & WESTERLY CONTENT BUSINESS NAME CONSISTING OF INDIVIDUAL LETTERS AND LOGO ONLY. LOCATION AT PARAPET LEVEL WITH 1/3 THE LETTER HEIGHT OF SPACE ABOVE AND BELOW THE SIGN AND LOCATED NO MORE THAN 1/2 THE AVERAGE LETTER HEIGHT TO ANY BUILDING EDGE. QUANTITY TWO, LOCATED ON OPPOSITE ELEVATIONS SIGN SIZE TOTAL SIZE: 58' -6" X 4' -0" SIGN AREA: 234 SF LOGO SIZE: 4' -0" SQ. MATERIAL SMOOTH, DURABLE, NON - WEATHERING SIGN. ALL HARDWARE SHALL BE OF NONFERROUS METALS. ILLUMINATION PERMITTED LETTERSTYLE TENANT STANDARD LETTERING TO BE APPROVED BY BUILDING ASSOCIATION. COLOR SIGN COPY COLOR TO CONTRAST WITH BUILDING AND MUST BE APPROVED BY BUILDING ASSOCIATION. 1301 DOVE - SIGN MATRIX 7.8.13 SIGN PROGRAM #CS2013 -003 MODIFICATION PERMIT #MD2013 -008 SIGN TYPE 5 - SECONDARY ON- BUILDING SIGN INTENT TO IDENTIFY SECONDARY BUSINESS NAMES OCCUPYING A MULTI - OCCUPANT 10 FRONTAGE STORY BUILDING. FRONTAGE DOVE STREET & WESTERLY CONTENT BUSINESS NAME CONSISTING OF INDIVIDUAL LETTERS AND LOGO ONLY. LOCATION ON BUILDING WALL BETWEEN ROW OF WINDOWS ON FIRST FLOOR AND ROW OF SIGN SIZE WINDOWS ON SECOND FLOOR WITH 1/3 THE LETTER HEIGHT OF SPACE ABOVE AND MATERIAL BELOW THE SIGN. QUANTITY FOUR SIGN SIZE TOTAL SIZE: 30' -5" X 20" COLOR SIGN AREA: 60 SF LETTERING & LOGO SIZE: 20" SQ. MATERIAL SMOOTH, DURABLE, NON - WEATHERING SIGN. ALL HARDWARE SHALL BE OF NONFERROUS METALS. ILLUMINATION PERMITTED LETTERSTYLE TENANT STANDARD LETTERING TO BE APPROVED BY BUILDING ASSOCIATION. COLOR SIGN COPY COLOR TO CONTRAST WITH BUILDING AND MUST BE APPROVED BY BUILDING ASSOCIATION. SIGN TYPE 6 - WINDSCREEN & GRAPHIC INTENT TO SERVE AS PRIMARY IDENTIFICATION FOR THE CAFE ENTRANCE & OCCUPANT FRONTAGE DOVE STREET CONTENT CAFE NAME LOCATION TOP LEFT CORNER OF GLASS WINDSCREEN LOCATED AT THE ENTRANCE TO THE CAFE QUANTITY ONE SIGN SIZE HEIGHT. 6" WIDTH: 26" LOGO SIZE: 1.1 SF MATERIAL SMOOTH, DURABLE, NON - WEATHERING SIGN. ALL HARDWARE SHALL BE OF NONFERROUS METALS. ILLUMINATION EXTERNAL ONLY LETTERSTYLE PROJECT FONT COLOR SILVER 1301 DOVE - SIGN MATRIX 7.8.13 SIGN PROGRAM #CS2013 -003 MODIFICATION PERMIT #MD2013 -008