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HomeMy WebLinkAboutZA2013-085 - APPROVING CS2013-013 AND MD2013-018 FOR HARBOR VIEW CENTER LOCATED AT 1610-1666 SAN MIGUEL DRIVE AND 2500 SAN JOAQUIN HILLS ROADRESOLUTION NO. ZA2013 -085 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2013 -013 AND MODIFICATION PERMIT NO. MD2013 -018 AUTHORIZING SIGNAGE FOR THE HARBOR VIEW SHOPPING CENTER LOCATED AT 1610 -1666 SAN MIGUEL DRIVE AND 2500 SAN JOAQUIN HILLS ROAD (PA2013 -201) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION I. STATEMENT OF FACTS. 1. An application was filed by the Irvine Company, with respect to property located at 1610- 1666 San Miguel Drive and 2500 San Joaquin Hills Road, and legally described as Parcels 2, 3, and 4 of Resubdivision 284 requesting approval of a Comprehensive Sign Program and Modification Permit. 2. The applicant requests a Comprehensive Sign Program to authorize signage for the Harbor View Shopping Center ( "Center ") and a Modification Permit to allow signs to exceed the maximum allowable height and width standards for monument signs. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is not located within the coastal zone. 5. 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. This project has been determined to be categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Class 11 (Accessory Structures). 2. Class 11 exempts minor structures accessory to existing commercial facilities, including signs. Zoning Administrator Resolution No. ZA2013 -085 Paqe 2 of 10 SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program In accordance with Section 20.42.120 (Comprehensive Sign Program Standards) of the Newport Beach Municipal Code, the following standards and facts in support of such standards are set forth: 0 .,ta nria rH A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42], 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 purpose of a comprehensive sign program is to integrate all of a project's signs. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of signs and to achieve, not circumvent, the purpose of Chapter 20.42. In compliance with the purpose and intent of Chapter 20.42 (Sign Standards), the proposed Comprehensive Sign Program provides the Center with adequate identification without excessive proliferation of signage, including service station signs that are generally consistent with the service station guidelines (Section 20.42.080.K.3. Furthermore, it preserves community appearance by consistently regulating the type, number, location, design, and size of signs. A -2 The Comprehensive Sign Program is consistent with the Sign Design Guidelines because the signs enhance the site's architectural design and effectively communicate a commercial message without creating sign clutter. The text of the signs would be legible and contrast with the background. The location and size of the wall signs would be proportional to the building facades and are designed to relate to the architectural features of the buildings. The location and size of the freestanding signs are compatible with the size and design of the Center. The number of identification panels that list tenant names on monument signs is consistent with the City's adopted Sign Design Guidelines, as the signs have the Center name and a maximum of three tenants identified. 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. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 3 of 10 Facts in Support of Standard: B -1 The Program will ensure consistency among all signs, and the proposed signs are designed with complementary colors, fonts, and materials. The strategic location of the freestanding signs will increase visibility for motorists on San Joaquin Hills Road and San Miguel Drive. B -2 The proposed monument and vehicle- oriented directional signage should improve the flow of vehicles entering the site and reduce vehicle stacking and congestion upon entering the Center. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: C -1 The proposed Comprehensive Sign Program addresses all project signage. Temporary and exempt signs not specifically addressed in the sign program shall be regulated by the provisions of Chapter 20.42 (Sign Standards) of the Zoning Code, and are included in the sign program. 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 sign program has been designed to be effective for the Center tenants by establishing allowed type, number, location, design, and size of signage with flexibility to accommodate any existing and future tenants. Proposed signs for a change of use from the service station could be approved pursuant to the sign provisions within Chapter 20.42. D -2 It is not anticipated that future revisions of the Comprehensive Sign Program will be necessary to accommodate changes in tenants or uses. However, the Community Development Director may approve signs that substantially conform to the sign program if the intent of the original approval is not affected and said signs conform to the Zoning Code. 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 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 4 of 10 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 requested deviation to the number, size, and location of project and tenant identification monument signs, vehicle- oriented directional signs, and fuel price signs will improve visibility of the commercial tenants from the public roadways, improve vehicular circulation by directing patrons entering the Center, and provide consistent design to enhance the use and customer experience. E -2. The proposed Program for the Center is consistent with Chapter 20.42, and is being processed concurrently with a Modification Permit consistent with Zoning Code Section 20.52.050 to allow the monument signs, fuel price monument signs, and vehicle- oriented directional signs, to be larger than the Zoning Code limits. Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter [Chapter 20.42]. Facts in Support of Standard: F -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: G -1 The content of the signs was not considered and the proposed Program does not contain any regulations regarding sign message content. Modification Permit In accordance with Section 20.52.050.E (Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Modification Permit are set forth: Findinci H. The requested modification will be compatible with existing development in the neighborhood. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 5 of 10 Fact in Support of Finding H -1 The Center is located in the Commercial Neighborhood Zoning District with residential uses nearby. The increase in sign size is compatible with the neighborhood because the adjacent streets provide adequate separation from the proposed signs. Signs are also not so large to be out of proportion. H -2 The fuel price signs will provide greater visibility from the adjacent streets allowing motorists more time to efficiently navigate. The signs will not interfere with vehicle sight distance as they will be set back from the street intersection. The signs are not located in proximity to nearby developments due to the adjacent street widths. H -3 The proposed vehicle- oriented directional signs will be located near the entrances at each drive approach and will help motorists in locating the various tenants within the Center. The location of the proposed vehicle- oriented directional signs will be internal to the Center, and will not have any impact on the surrounding neighborhood or other existing developments. H -4 The proposed signs do not constitute or contribute to a significant proliferation of signs which would be inconsistent with the neighborhood character. Finding 1. 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 1 -1. The Center consists of three parcels and is developed with multi- tenant commercial buildings, a freestanding bank, a freestanding service station, and surface parking. There are five vehicular access points into the Center from three public streets. 1 -2. The multi- tenant commercial buildings are set back from the entry points into the Center and visibility is further reduced by the two single- tenant, freestanding buildings at the corners of the Center, which partially screen the view of the inline tenant spaces. 1 -3. The location of the existing surface parking results in parked cars reducing the visibility of the freestanding signs. 1 -4. The location and size of the two fuel price signs for the service station will provide the ability for motorists to clearly identify the brand and price more quickly, thereby enhancing site use and reducing potential hazards. 1 -5. The location and size of the vehicle- oriented directional signs increase internal circulation of vehicles after entering the Center, and will direct motorists to the portion 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 6 of 10 of the parking lot that is closest to their destination, thereby reducing vehicle congestion in the parking lot entrances. Finding J. 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 J -1. Approval of the location, size, and number of the proposed monument signs is necessary due to the size, design, location, circulation, and drive aisles within the Center. J -2. The multi- tenant commercial buildings are set back from the entry points into the Center and visibility is further reduced by the single- tenant, freestanding buildings at the corners of the Center, which partially screen the view of the inline tenant spaces. The monument signs will identify the Center and primary tenants to motorists on the adjacent streets. J -3. The location and size of the fuel price signs will provide more reaction time for motorists whose destination is the service station. The number and size of the signs is necessary due to the design of the Center, the location of the vehicle access points, and the proposed Center identification sign at the corner of the primary street intersection. J -4. The increase in size for the vehicle- oriented directional signs is necessary due to the design of the Center, including the placement of buildings, drive approaches, and drive aisles. The location and size of the vehicle- oriented directional signs increase internal circulation of vehicles after entering the Center, and will direct motorists to the portion of the parking lot that is closest to their destination. Finding K. 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 K -1 Zoning Code Section 20.42.080.0 allows a maximum average height of 6 feet and maximum height of 8 feet. The maximum width allowed is 1.5 times the average height. Due to the design of the center, location of the drive approaches, and existing landscaping, the increased height and width of the monument signs is necessary to provide identification for the Center and the primary tenants for motorist approaching from San Miguel Drive or San Joaquin Hills Road. There are no alternatives that would 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 7 of 10 provide adequate visibility from the adjacent streets. The Public Works Department has reviewed the proposed project to ensure that the proposed signs meet sight distance requirements for vehicle and pedestrian safety. K -2 Zoning Code Section 20.42.080.K.3 provides regulations for service station signs. One ground sign, two fuel price signs, and wall and canopy signs are allowed on the subject property. Due to the street intersection, street elevation, and existing landscaping, there are no alternatives to the increased size and height of the proposed fuel price signs that would provide the adequate visibility to identify the fuel prices and the service station location without a substantial redesign or redevelopment of the service station and Center driveways. K -3 Zoning Code Section 20.42.100.B.1.S allows for a maximum sign area of 3 square feet and sign height of 4 feet for vehicle- oriented directional signs. Smaller than proposed signs would not allow room for directional arrows and tenant names with a sufficient letter height for visibility. The proposed vehicle- oriented directional signs are consistent with the intent of the Zoning Code by serving the purpose of effectively guiding traffic, parking, and loading on private property. The larger sign will accommodate these multiple functions. The proposed signs have been reviewed and approved by the Public Works Department to ensure that the sight distance requirements have been met and they will not pose a detriment to the surrounding neighborhood or the general public. Findinci L. 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 L -1 The signs will be constructed on private property and will not change the intensity of the existing commercial use, affect the flow of light or air to adjoining properties, nor interfere with sight distance. L -2 The signs are not excessive in height, width, or area, and will improve the flow of vehicles accessing the Center and parking lot. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 8 of 10 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 -013 and Modification Permit No. MD2013 -018, 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 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2013. 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 9 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING The development shall be in substantial conformance with the approved sign matrix and plans and stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. Prior to issuance of a building permit for any freestanding sign, the Public Works Department shall review and approve the proposed signs to ensure compliance with sight distance and traffic regulations. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Comprehensive Sign Program and Modification Permit. 5. This Comprehensive Sign Program and Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed project 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. 6. Any change to the approved plans shall require an amendment to this Comprehensive Sign Program and Modification Permit or the processing of a new Comprehensive Sign Program and Modification Permit. 7. 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. 8. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 Harbor View Shopping Center Signs 10 -15 -2013 Zoning Administrator Resolution No. ZA2013 -085 Paqe 10 of 10 including, but not limited to, the Comprehensive Sign Program No. CS2013 -013 and Modification Permit No. MD2013 -018. 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. 10 -15 -2013