HomeMy WebLinkAboutZA2016-009 - COMPREHENSIVE SIGN PROGRAM FOR EXISTING THREE TENANT RETAIL BUILDING - 900 Coast Hwy W RESOLUTION NO. ZA2016-009
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2015-014 AND MODIFICATION
PERMIT NO. MD2016-001 FOR AN INCREASE IN SIGN
NUMBER, AREA, LETTER, AND LOGO HEIGHT LOCATED AT
900-950 WEST COAST HIGHWAY (PA2015-211)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Kazanchyan Design, with respect to property located at 900-
950 West Coast Highway, and legally described as Parcel 1 of Resubdivision No. 467,
requesting approval of a comprehensive sign program and modification permit.
2. The applicant is requesting approval of a comprehensive sign program and
modification permit to authorize signage for a new Ferrari automobile dealership in an
existing commercial plaza. The applicant is seeking the following deviations from
Chapter 20.42 (Sign Standards) of the Zoning Code:
Comprehensive Sign Program
a) The installation of three wall signs on the primary frontage, where the Zoning Code
only allows one wall sign;
b) The installation of two wall signs on the secondary frontage, where the Zoning
Code only allows one wall sign;
c) The placement of wall signs outside the middle fifty (50) percent of tenant
frontages;
d) Signs located on adjacent walls on the same building will not be separated by a
minimum of thirty (30)feet measured along the exterior walls of the building;
e) Proposed sign area of 89 square feet for the Ferrari channel letter sign (Sign A3),
located on the primary frontage facing West Coast Highway. The Zoning Code
allows a maximum of 75 square feet for wall signs located on the primary frontage
(18.66% increase);
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Modification Permit
f) Proposed sign area of 89 square feet for the Ferrari channel letter sign (Sign 62),
located on the secondary frontage facing the parking lot. The Zoning Code allows a
maximum sign area of 44.5 square feet for wall signs located on the secondary
frontage (100% increase);
g) Proposed sign height of 4 feet on the Ferrari channel letter signs (Signs A3 and 62)
located on the primary and secondary frontage. The Zoning Code allows for a
maximum sign height of 3 feet (33.33% increase); and
h) Proposed logo sign height of 5 feet (Signs Al and 61) located on the primary and
secondary frontage. The Zoning Code allows for a maximum logo height of 3 feet
(66.66% increase).
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (GC).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 10, 2016 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 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) under Class 11
(Accessory Structures).
2. Class 11 consists of construction or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but
not limited to signs.
SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program
Pursuant to Section 20.42.120, the comprehensive sign program allows for an increase in
sign height by twenty (20) percent above that allowed and an increase in sign area by thirty
(30) percent above that allowed. The program shall comply with the standards of the Zoning
Code, except that deviations are allowed with regard to sign area, total number, location,
and/or height of signs. In accordance with Section 20.42,120 (Comprehensive Sign Program
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Standards) of the Newport Beach Municipal Code, 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], any adopted sign design guidelines and the overall purpose and
intent of this Section [Section 20.42.120].
Facts in Support of Standard:
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.
2. The proposed Comprehensive Sign Program complies with the purpose and intent
of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it
provides the commercial plaza with adequate identification while guarding against
an excessive sign proliferation. Wall signs will be limited to reverse illuminated
channel letters proportional to the building facade in the general location depicted
on the project plans. Logos will be limited to primary and secondary frontages of
900 West Coast Highway.
3. The Comprehensive Sign Program is consistent with the Citywide Sign Design
Guidelines because the proposed signs are designed to be compatible with the
building design in terms of scale, size, and materials. The proposed signs are
designed to effectively communicate a commercial message without creating sign
clutter through the use of legible text that contrasts with the background. The width
of the primary fagade is 113 feet and the width of the secondary fagade is 83 feet.
The placement and size of the signs do not dominate, but rather are consistent with
the proportions of the fagade on which they are located.
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:
1. The number and location of signs will not contribute to an overabundance of
signage that will have a detrimental effect on the neighborhood. There is an existing
dealership on the other end of the complex that has a similar placement of signs on
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its fagade. The increase in the number of signs on 900 West Coast Highway will be
similarly placed as the adjacent dealership and will provide adequate identification
to motorists travelling on West Coast Highway.
2. All proposed signage will be in harmony with the character and architectural style of
the building. The placement and size of the wall signs are complementary to the
building's large fascia and will comply with the limitations in the Sign Matrix included
in Exhibit B.
3. The wall signs located on 930 and 950 West Coast Highway have a maximum
height of 3 feet and maximum area of 75 square feet. These standards are
permitted by the Zoning Code.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Facts in Support of Standard:
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.
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:
1. The Comprehensive Sign Program has been developed to be effective for
commercial uses and allow flexibility for future changes in tenants.
2. It is not anticipated that future revisions to the Comprehensive Sign Program will
be necessary to accommodate changes in tenants or uses. However, the
Community Development Director may approve minor revisions to the
Comprehensive Sign Program if the intent of the original approval is not affected.
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:
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
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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:
1. The Comprehensive Sign Program allows for deviations with regards to the type,
number, and location of wall signs. The approval conforms to the intent of
Chapter 20.42, and enhances the overall development by integrating the project's
signs to be appropriately located and scaled to the building's large fascia and
wide building frontage.
2. The proposed Comprehensive Sign Program 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 letter size and sign area to be larger
than the standard Zoning Code limitations in order to increase the visibility of the
signs and allow for signage that is proportionately sealed to the building fascia.
3. The deviation from the standard that signs shall be located within the middle fifty
(50) percent of the building or tenant frontage is appropriate due to the proposed
number of signs on a large fagade. The standard requirement would force the
signs too close in proximity to each other, creating cluttered signage that would
be detrimental to the overall development.
4. The deviation from the requirement that signs located on adjacent walls on the
same building shall be separated by a minimum of thirty (30)feet measured along
the exterior walls of the building is appropriate because the proposed locations of
the logo and channel letter signs provides the highest visibility to vehicular traffic
traveling in both directions on West Coast Highway. If they were located away
from the building corner, the visibility of the signage would be obstructed.
Standard:
E. 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:
1. The Comprehensive Sign Program does not authorize the use of prohibited signs.
Standard:
F. Review and approval of a Comprehensive Sign Program shall not consider the signs'
proposed message content.
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Facts in Support of Standard:
1. The content of the signs was not considered and the proposed Comprehensive
Sign Program does not contain any regulations regarding sign message content.
Modification Permit
Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, deviations in sign
height greater than twenty (20) percent and sign area greater than thirty (30) percent are
subject to the approval of a modification permit. In accordance with Section 20.52.050
(Modification Permits) 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:
1. The subject property is located in the Commercial General Zoning District. The
increase in letter height and sign area is compatible with the existing development
in the neighborhood because there are several other car dealerships located along
West Coast Highway that employ the use of similar signage and logos for
identification purposes.
2. The building fagade of 900 West Coast Highway measures approximately 113
feet in width on the primary frontage and approximately 83 feet in width on the
secondary frontage. Given the width of the building facades and the height of the
building at 25 feet, the increased height and area of the wall signs are compatible
within the overall massing and bulk of the building.
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. The proposed wall signs for the primary frontage of 900 West Coast Highway
serves as the main identification for motorists travelling west on West Coast
Highway. A commercial building located on 800 West Coast Highway obstructs
the visibility of the dealership, which makes an increase in letter/logo height and
area for the channel letter and logo signs necessary to assists motorists in
identifying the dealership during heavy vehicular traffic.
2. The proposed wall signs for the secondary frontage of 900 West Coast Highway
serves as the main identification for motorists travelling east on West Coast
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Highway, The secondary frontage faces the parking lot, which is set back from
the street and has multiple trees for landscaping that obstructs the visibility of the
dealership. An increase in letter/logo height and area is necessary to increase the
visibility of the dealership for motorists who are traveling during heavy vehicular
traffic.
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:
1. The purpose and intent of the sign regulations is to provide users adequate
identification while preserving and enhancing the community's appearance. The
regulation of sign area and letter/logo height is to ensure that signage does not
overwhelm a building fagade and create clutter. The proposed increase in the
maximum letter/logo height and area will be appropriately scaled to the building
given the width of the fagade and size of the building fascia.
2. The proposed increase in the maximum letter/logo height and area does not
interfere with the purpose and intent of the Zoning Code as it provides for
adequate identification of the site while guarding against the excessive and
confusing proliferation of signs. The proposed increase addresses the practical
difficulty of reduced visibility for motorists traveling in heavy vehicular traffic on
West Coast Highway and to identify the dealership location.
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 requested increase in height and area is in scale and similarly placed as
other signs in the surrounding area and will not be detrimental to surrounding
owners and occupants, the neighborhood, or the general public.
2. Due to the design of the building frontage, the increased letter/logo height and
area for the wall signs are necessary to provide identification for the subject
property. The strict application of the Zoning Code would result in smaller signage
that is out of scale with the large fagade of 900 West Coast Highway and provide
inadequate signage that would not be easily visible to motorists on West Coast
Highway.
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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. This approval will allow for an increase in the number and size of the wall signs,
but will not result in a change in intensity or density of the existing retail use.
2. The size of the sign is within scale of the signs in the surrounding area and will
not adversely affect or be detrimental to persons, property, or improvements in
the surrounding neighborhood.
3. Compliance with the Municipal Code and the attached conditions of approval is
required and will further ensure that the proposed use will not be detrimental.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2015-014 and Modification Permit No. MD2016-001, subject to the
conditions set forth in Exhibit A and parameters denoted in Exhibit B, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review 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 10" DAY OF MARCH, 2016.
Patrick J. Alford, 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. Signs shall comply with the limitations specified in the Sign Matrix included in Exhibit
B.
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. A building permit shall be obtained prior to commencement of installation of the signs.
6. The signs shall be illuminated in accordance with the provisions of Section
20.42.060.H of the Newport Beach Municipal Code.
7. This Modification Permit may be modified or revoked by the Zoning Administrator if
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 conditions of approval Exhibit "A" 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. 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.
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
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every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Ferrari Sign Modification including, but not limited
to, Comprehensive Sign Program No. CS2015-014 and Modification Permit No.
MD2016-001 (PA2015-211). 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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