HomeMy WebLinkAboutZA2013-084 - APPROVE MD2013-022 500 NEWPORT CENTER DRIVERESOLUTION NO. ZA2013 -084
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2013 -022 TO ALLOW MODIFICATIONS TO THE
FREE - STANDING SIGNAGE FOR BLOCK 500 NEWPORT
CENTER DRIVE (PA2013 -222)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Irvine Company, with respect to property located at 500,
520 and 550 Newport Center Drive.
2. The applicant proposes a Modification Permit application to allow one additional
monument sign (Sign Type A) where two (2) are currently allowed, for a total of three (3)
monument signs. The two allowed, but not constructed, monument signs will be
repositioned within the Block 500 Sub -Area of the North Newport Center Planned
Community (PC 56). The Modification Permit application also includes a request to allow
one additional landscape wall sign (Sign Type D) where four (4) are currently allowed, for
a total of five (5) signs to be located within the Block 500 Sub -Area of the North Newport
Center Planned Community (PC 56).
3. The subject property is located within the Block 500 Sub -Area of the North Newport
Center Planned Community (PC 56) and Block 500 Planned Community (PC 46) Zoning
Districts and the General Plan Land Use Element category is MU -H3 (Mixed Use —
Horizontal).
4. Sign standards for Block 500 Sub -Area of the PC 56 allow two (2) large cube or blade
monument signs (Sign Type A) to be located at entries to the Newport Center. Their
locations are as follows:
• Avocado Avenue at San Joaquin Hills Road
• Avocado Avenue at San Nicolas Drive
The Modification Permit seeks an approval to reposition these allowed, but not
constructed, monument signs to different locations within the PC 56, at the Santa
Rosa Drive (identified as ST1.2 per the proposed sign plan) and San Nicolas Drive
(identified as ST1.1 per the proposed sign plan) entries.
5. The PC 46 does not identify blade (monument) signs as a permitted sign; however, it
does make allowance for additional sign types if approved by the City and The Irvine
Company. Section IV.K.1 of the PC 46 states: "All permanent and temporary signs
must be consistent with the provisions of these regulations or be approved by the City
of Newport Beach and The Irvine Company."
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The Modification Permit seeks an approval of a large blade sign to be located at the
entry of Block 500 from San Joaquin Hills Road (identified as ST1.3 per the proposed
sign plan). The height, width and letter height of this sign are designed to be consistent
with Sign Type A allowed in the PC 56, for compatibility with the existing signage in the
immediate vicinity.
6. Section III.F.4 of the PC 56 currently allows a total of four (4) landscape wall signs
(Sign Type D) facing Newport Center Drive. Presently, three (3) are currently being
used by the following tenants: The Irvine Company, City National Bank and Bank of
America.
The Modification Permit seeks an approval for one additional sign, for a total of five (5)
signs for an additional tenant. No change to the maximum allowable sign height or
area is proposed. The remaining unassigned sign and the proposed additional sign will
be located along Newport Center Drive and identified as ST18.01 and ST18.02 per the
proposed sign plan.
7. The subject property is not located within the coastal zone.
8. A public hearing was held on December 12, 2013, 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 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.
The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15311 of the California Environmental Quality Act under Class 11 (Accessory
Structures) of the California Environmental Quality Act Guidelines.
2. Class 11 includes construction or replacement of minor structures such as on- premise
signs accessory to the existing regional office /commercial development. The proposed
free - standing signs are incidental and accessory to the principal use of the properties
and they do not intensify or alter the use.
SECTION 3. REQUIRED FINDINGS.
Modification Permit
In accordance with Section 20.52.050 E. (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
finding for a Modification Permit are set forth:
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Finding
A. The requested modification will be compatible with existing development in the
neighborhood.
Fact in Support of Finding
A -1. The proposed additional signs are consistent with the maximum allowable height,
area, and design requirements for Sign Type A (cube /blade) and Sign Type D
(landscape wall sign) allowed within the PC 56, which provides development standards
to ensure that these signs will be compatible with the surrounding development in sign
and scale. The proposed signs will be constructed of similar materials and lettering as the
existing Type A and Type D signs located within the PC 56.
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.
Fact in Support of Finding
B -1. Block 500 has entry points from San Joaquin Hills Road, Santa Rosa Drive, and San
Nicolas and it is logical to provide adequate signage directing traffic to the pedestrian
drop -off area for the new 20 -story building and two (2) parking structures are currently
under construction. The proposed new locations for Sign Type A are more appropriate
because they are the entries to 500, 520, and 550 Newport Center Drive and will
provide drivers with the most efficient pathway to their desired designations.
B -2. Block 500 has limited frontage along Newport Center Drive and because of this
limitation, it is necessary and important to provide convenient and accurate information
for motorist in identifying their destination. The additional landscape wall sign will
provide applicable information regarding tenants located in the 500 and 550 Buildings.
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.
Fact in Support of Finding
C -1. The granting of the Modification Permit is necessary to allow deviations from the
current approved blade sign locations, where there is low traffic volume for motorists
whose destination is the North Newport Center portion of Block 500. The new Sign
Type A locations will be at the entrances into the North Newport Center portion of
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Block 500 where the majority of traffic will be headed in order to drop off passengers
or park in one of the new parking structures.
C -2. The proposed new Sign Type A and landscape wall signs will not interfere with or be in
conflict with the intent or purpose of the Zoning Code, PC 46, or PC 56. The proposed
changes are necessary to accommodate the changes in land use development
patterns within the two planned development areas.
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.
Fact in Support of Finding
D -1. The proposed blade and landscape wall signs are the appropriate design location in
the identification of three (3) main buildings and the major tenants in Block 500. The
signs are in proper scale that compliments other free - standing signs in Block 500 as
well as those currently existing throughout North Newport Center.
D -2. Due to sizable amount of office space within Block 500 and the size and configuration
of the buildings, the number, size and location of the proposed signs will provide better
direction and visibility for motorists. The proposed signs have been reviewed by the
Public Works Department. The final placement of these signs shall be subject to the
approval of the Traffic Engineer to ensure that the sight distance requirements will be
met and they will not pose a detriment to the surrounding neighborhood or the general
public.
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.
Fact in Support of Finding
E -1. The proposed signs will be constructed on private properties in Block 500 and will not
change the density or intensity of the existing regional office and commercial
development. The proposed signs are not excessive in the number or area and they
will improve the traffic circulation within the North Newport Center, reduce traffic
hazards, and therefore will not be detrimental to public health or safety.
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NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2013 -022, subject to the conditions set forth in Exhibit A, which is 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 12TH DAY OF DECEMBER, 2013.
, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
The blade (monument) (Sign Type A) and landscape wall (Sign Type D) signs shall be
in conformance with the provisions of Section III1.4 Signs Standards for Mixed -Use
and Commercial Office Blocks of the North Newport Planned Community Development
Plan (PC 56), except as modified by this modification permit.
2. Locations of the signs are limited to the designated areas and shall comply with the
limitations specified in the approved sign plan.
3. The signs shall be illuminated in accordance with the provisions of Section
20.42.060.H of the Newport Beach Municipal Code.
4. 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.
5. Modification No. MD2013 -022 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.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
7. This 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.
8. A copy of the Resolution, including Exhibit "A" (Conditions of Approval) and approved
sign plan shall be incorporated into the Building Division and field sets of plans prior to
issuance of the building permits.
9. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
10. The proposed three (3) monument signs (Sign Type A) shall be installed outside the
sight distance triangle as determined by Standard Plan 110 -L. The final placement of
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these signs shall be reviewed and approved by the Traffic Engineer, prior to the
building permit issuance.
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 the Block 500
Newport Center Drive Sign Modification including, but not limited to, Modification
Permit No. MD2013 -022 (PA2013 -222). 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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