HomeMy WebLinkAboutZA2016-039 - AMENDMENT TO COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR A NEW PYLON SIGN - 2801 Coast Hwy W RESOLUTION NO. ZA2016-039
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2016-006 AMENDING AND
SUPERSEDING COMPREHENSIVE SIGN PROGRAM NO. 2015-
011 AND MODIFICATION PERMIT NO. MD2016-007 FOR A NEW
PYLON SIGN LOCATED AT 2801 WEST COAST HIGHWAY
(PA2016-073)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Crispis of Tako Tyko Signs, representing property
owner, Khoshbin's Landing, LLC, with respect to property located at 2801 West Coast
Highway, and legally described as a portion of Lot H of Tract 919, requesting approval of
an amended comprehensive sign program and modification permit.
2. The applicant proposes a comprehensive sign program amendment and modification
permit to authorize a new pylon sign (Sign Type 11) for The Ritz restaurant at an
existing commercial development. The pylon sign will utilize two existing pole
stanchions located along the West Coast Highway property frontage. This
Comprehensive Sign Program amends and supersedes Comprehensive Sign Program
No. CS 2015-011 (PA2015-162) for this site. The modification permit includes the
following requests to deviate from the pylon sign development standards:
a. To deviate from the location standards for a pylon sign (50-foot distance
between freestanding signs).
b. Pylon maximum sign width (10 feet is requested where the standard is 6 feet).
C. Pylon maximum leg height (15 feet is requested where the standard is 6 feet 6
inches or 30% of overall sign height).
3. The subject property is located within the MU-W1 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W1 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on June 30, 2016, 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.
Zoning Administrator Resolution No. ZA2016-039
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. Class 11 allows for the construction or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but
not limited to signs. The site is fully developed for commercial uses and the foundation
and support for the proposed sign is already in place.
SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program
Pursuant to Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code, approval
of a Comprehensive Sign Program is required whenever signage is proposed for
development where there are three or more tenant spaces on the same lot and whenever
signs are proposed to be located on or above the second story on a multi-story building. In
accordance with Section 20.42.120.E (Comprehensive Sign Program: 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: Sign Standards), any adopted sign design guidelines and the overall
purpose and intent of this Section (Section 20.42.120: Comprehensive Sign Program).
Facts in Support of Standard:
1. In compliance with the purpose and intent of the sign standards, the amended
Comprehensive Sign Program provides the site and the uses with adequate
identification and way-finding without excessive proliferation of signage. Furthermore,
it preserves community appearance by regulating the type, number, size, and design
of signage in a comprehensive and coordinated fashion.
2. The amended sign program establishes a sign type for a pylon/freestanding sign (Sign
11) located at the street frontage along West Coast Highway. This sign type includes
deviations in the development standards due to the close proximity of other pylons on
adjacent properties, and leg height in order to allow the sign to utilize an existing sign
location with two pole stanchions in place for structural support.
3. The sign program establishes a sign type for address signage (Sign 2) located at the
West Coast Highway frontage that exceeds the size limitations for exempt signage in
the Zoning Code.
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4. The sign program allows for one address sign (Sign 2), building identification sign
(Sign 3), six tenant wall signs (Signs 4-6 and Signs 8-10), and Sign 7 (Restaurant
Secondary Sign) to be mounted above the first floor level on the West Coast Highway
and waterfront facades of the building. The locations of these signs are intended to fit
the architecture of the building and improve visibility to vehicles and boaters as they
approach the building along each frontage.
5. The signs above the first story on the building are beneficial and can be viewed from a
greater distance for drivers and boaters due to their location and placement on each
building frontage. The location of the larger restaurant secondary sign (Sign 7) along
the water frontage will improve the visibility for this primary tenant from Newport
Harbor. The size increase above 50 percent of the primary frontage sign area is within
the 30 percent sign area increase allowed with the approval of a comprehensive sign
program.
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 signs have been designed to be integral with the design and architectural
character of the buildings and other site improvements.
2. The signage will enhance the overall development of the site. It will provide adequate
identification of the site and will also improve the pedestrian experience.
3. The request for an increased pylon sign width will be incompatible with other pylon
signs located along the West Coast Highway frontage and thus should be modified to
comply with the maximum 6-foot width.
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 (Sign Standards).
Standard:
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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 is designed to be effective for future tenants of the
building.
2. It is not anticipated that future revisions will be necessary to accommodate constant
changes in tenants or uses. However, flexibility has been incorporated into the Sign
Program Matrix to allow minor deviations from the proposed signs.
3. Consistent with Chapter 20.42 (Sign Standards), the Community Development
Director [or his/her designee] may approve minor revisions to the Comprehensive 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:
1. The Comprehensive Sign Program authorizes freestanding pylon, building address,
building identification, and tenant wall signage and requests deviation in the type,
location, and area of signs prescribed in the Zoning Code. The signs are designed to be
complimentary to the building's restaurant and office use and are harmonious with the
surrounding buildings and uses.
2. The sign program establishes a sign type for a freestanding pylon sign (Sign 11) and
Modification Permit No. MD2016-007 allows deviations in the location, and pylon leg
height standards to allow the applicant to utilize two existing pole stanchions for
structural supports along the West Coast Highway street frontage. The location and
design of the pylon most closely approximates the design and development standards
for pylon signage given the site parameters and existing building constraints. The
proposed pylon shall be modified to comply with the Zoning Code standard maximum
of 6 feet. This will require the reconstruction of one of the existing pole stanchions so
that the final design is more compatible with other pylon signs in the surrounding
community.
3. The sign program establishes a sign type for address signage (Sign 2) and deviates in
the size and location of this signage to allow for adequate visibility of the site for
pedestrians and vehicles approaching along West Coast Highway. Given the
increased speed of vehicles passing by along West Coast Highway, the additional
prominence of the building address will assist patrons as they locate the site.
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4. The sign program allows for building signs to be placed above the first floor level. The
proposed sign placement allows for appropriate building and tenant identification that
is complimentary to the modified building fagade following renovation. The fagade
provides an updated and modern entry for the building and improves pedestrian,
boater, and vehicle visibility as patrons approach the primary entrances of the building
along West Coast Highway and from Newport Harbor. The other tenant wall signs on
the water frontage are mounted on the first level building eyebrow to more closely
match the building's architecture.
5. Sign Type 7 (Restaurant Secondary Sign) is mounted on the waterfront facade facing
Newport Harbor. The proposed sign area and placement improves visibility for this
primary tenant as patrons approach the building via boat.
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 any prohibited sign types.
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.
Modification Permit
Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, deviations from sign
standards for height, location, number, and area 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 pylon sign (Sign Type 11) as designed is compatible with the existing development
in the neighborhood because there are several other large restaurant and commercial
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pylon signs located along West Coast Highway that employ the use of similar signage
and logos for identification purposes.
2. The proposed pylon sign location and leg height will be appropriately scaled to the
building given the width of the property frontage and size of the building fascia.
3. The increased leg height of the pylon sign (Sign Type 11) is compatible within the
overall massing and bulk of the existing building. The existing stanchions once
supported a taller sign at this location and the sign in this location was not detrimental to
the surrounding development. The increased leg height is compatible as they promote
increased visibility for pedestrians and vehicles along West Coast Highway.
4. The request for an increased pylon sign width will be incompatible with other pylon
signs located along the West Coast Highway frontage and thus should be modified to
comply with the maximum 6-foot width.
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 pylon sign (Sign Type 11) serves as the main identification for motorists travelling
on West Coast Highway. A commercial building located at 2751 West Coast Highway
obstructs the visibility of the subject property, which makes the proposed pylon sign
location necessary to assist motorists in identifying the restaurant.
2. The building fagade on the property is placed approximately 100 feet back from the
street frontage. The linear street frontage measures 118 feet. Given the width of the
property frontage and the distance of the building from the street frontage, the location
and size of a pylon sign (Sign Type 11) at the proposed location is appropriate. The
placement of existing pylon signs on adjacent properties limits the ability to place the
pylon sign at a distance of 50 feet from adjacent signs without relocating the sign and
reconfiguring the parking layout on-site and losing a parking space.
The requested sign width of 10 feet is not necessary for the pylon sign (Sign Type 11) and
one of the existing pole stanchions can be replaced to accommodate a narrower sign
width that complies with the Zoning Code maximum width of 6 feet.
3. In order to utilize the existing pole stanchions in place and comply with the maximum
sign area of 75 square feet, the pylon legs as designed are taller than the maximum of
6 feet identified in the Zoning Code. Each pole will be wrapped with an aluminum pole
cover so that the leg width will comply with the leg width and proportion standards for a
pylon sign. The pylon sign will comply with the 20-foot height limit and the increased
leg height allows for visibility above the nearby pylon sign located at Billy's By the
Beach (2751 West Coast Highway). The proposed design with 15-foot high pylon legs
will increase visibility to vehicular traffic traveling in both directions on West Coast
Highway and at the site's driveway.
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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. Site constraints including the existing parking layout, utilities infrastructure, vehicle
sight distance, and existing pole stanchions in place along the West Coast Highway
frontage are practical difficulties associated with the property.
2. The purpose and intent of the sign regulations is to provide users adequate
identification while preserving and enhancing the community's appearance. The
proposed design ensures that signage does not overwhelm the building fagade and
create sign clutter along the West Coast Highway frontage as only one pylon sign is
proposed for the subject property, consistent with the Zoning Code development
standards.
3. The proposed pylon sign 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 development standard deviations
address the practical difficulty for motorists struggling to identify the restaurant location
while traveling on West Coast Highway.
4. One of the existing pylon stanchions for Sign Type 11 can be replaced to
accommodate a code compliant pylon sign width of 6 fleet.
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 pylon sign location and leg height are in scale with similarly placed
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 placement of the building 100 feet from the street, the pylon sign location
and leg height are necessary to provide identification for the subject property for
passing motorists. The reconfiguration of the parking layout and utilities along the
street frontage would be necessary to accommodate a different sign location and
would require considerable additional cost to develop a new pylon sign for a different
location.
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3. A reduced pylon leg height design would result in reduced visibility for motorists and
visibility of existing signage on adjacent properties.
4. The existing pylon stanchions can be modified or replaced to provide a code compliant
pylon sign width of 6 feet maximum.
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. Project approval will not result in a change in intensity or density of the existing
restaurants, marine serving, and office uses.
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, subject to the conditions
set forth in Exhibit A, which is attached hereto and incorporated by reference.
2. This resolution supersedes Comprehensive Sign Program No. CS2015-011 (PA2015-
162), which upon vesting of the rights authorized by this application, shall become null
and void. All relevant conditions of approval have been carried over.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OFJUNE, 2016.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Comprehensive Sign Program No. CS2016-006 and Modification Permit No. MD2016-
007 shall expire unless exercised within 24 months from the date of approval as specified
in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
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 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.
6. Locations of the signs are limited to the designated areas and shall comply with the
limitations specified in the Sign Program Matrix included in Attachment No. ZA 3.
7. All signs must be maintained in accordance with Section 20.42.170 (Maintenance
Requirements) of the Newport Beach Municipal Code,
8. A building permit shall be obtained prior to commencement of the construction and/or
installation of the signs.
9. The signs visual character and mounting heights shall comply with the California
Building Code.
10. The pylon sign (Sign Type 11) shall be modified to comply with a 6-foot maximum
width.
11. The pylon sign (Sign Type 11) shall maintain a 5-foot setback from the West Coast
Highway right-of-way.
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,
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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 Ritz Pylon
Sign including, but not limited to, Comprehensive Sign Program No. CS2016-006 and
Modification Permit No. MD2016-007 (PA2016-073). 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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