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HomeMy WebLinkAboutZA2016-056 -Amend existing sign program CS2011-006 to add signage and change type of flags - 600 East Bay Ave RESOLUTION NO. ZA2016-056 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH AMENDING COMPREHENSIVE SIGN PROGRAM NO. CS2016-007 AND MODIFICATION PERMIT NO. 2016-007 FOR THE OCEANQUEST LOCATED AT 600 EAST BAY AVENUE (PA2016-105) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Stephan Sandland, Project Dimensions, with respect to property located at 600 East Bay Avenue, and legally described as a Resubdivision of Lots 1 through 6, Inclusive, and a Portion of Lot 7 in Block B of Bayside per a Map Recorded in Book 3, Page 38 of Miscellaneous Maps, Records of Orange County, California, Together with a Portion of Washington Street and a Portion of Section 35, Township 6 South, Range 10 West, San Bernardino Base and Meridian requesting an amendment of a Comprehensive Sign Program and Modification Permit. 2. The applicant requests an amendment to a Comprehensive Sign Program and a Modification Permit to include a project sign which exceeds the size allowed by the Zoning Code. 3. The existing Comprehensive Sign Program was approved on February 29, 2012, for the existing, multi-tenant development located on a roughly 34,000 square-foot lot. The center is developed with four (4) multi-tenant buildings currently comprised of a total of thirteen commercial tenants and the museum. All buildings are interconnected by a common courtyard area. 4. A Modification Permit was also approved on February 29, 2012, to allow four exhibition wall signs that both exceed the maximum sign area permitted by the Zoning Code. 5. The subject property is located within the CV (Commercial Visitor-Serving) Zoning District and the General Plan Land Use Element category is CV (Visitor Serving Commercial). 6. The subject property is located within the Coastal Zone. 7. A public hearing was held on October 13, 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. Zoning Administrator Resolution No. ZA2016-056 Page 2 of 12 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). 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 projecting in excess of the sign area allowed by the Zoning Code. 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 1. The subject property is located in the CV (Commercial Visitor-Serving) District and is designated CV (Visitor Serving Commercial) by the Land Use Element of the General Plan. This district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. The existing commercial development and existing and proposed signage is consistent with this land use designation. The proposed signage is accessory to the primary use. 2. The property, historically known as the "Balboa Fun Zone", is a multi-tenant development that is a use consistent with the Zoning and General Plan Land Use Designation in that it is an eclectic mix of visitor-serving commercial within a festive atmosphere. The projecting sign is located on Edgewater Place which acts as a pedestrian promenade and is highly traveled. The sign is approximately 27 square feet which is an appropriate scale for the property which is 211 feet along Edgewater Place. 3. The size of the sign is consistent with other signage in the area which are designed to be visible to the highly utilized pedestrian promenade. 4. The illumination of sign is conditioned to prevent excessive glare onto adjacent public areas and any nearby properties. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 3 of 12 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 projecting sign area is necessary due to the expansive configuration of the property, the numbers of tenants within the development and high level of pedestrian activity on Edgewater Place. 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 property is developed with four large buildings that are interconnected by an open patio area. The four buildings have an aggregate total frontage of approximately 500 lineal feet. 2. The modification permit will allow signage that is in scale with the building and that provides visibility of a sign which projects the image of the new establishment. 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 granting of a modification permit allows the proposed projecting sign to be an appropriate size that will ensure adequate visibility. 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 Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 4 of 12 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 signage is for commercial uses in a commercial district and is not in or adjacent to a residential district. The sign illumination shall be turned off by 9 p.m., which will minimize a potential glare to residents across the bay. Comprehensive Sign Program The existing Comprehensive Sign Program was approved in accordance with Zoning Code Section 20.67.120.E, a Comprehensive Sign Program. This amendment is limited to the addition of the projecting sign and elimination of the roof sign on the ticket booth. 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]. Facts in Support of Standard: 1. In compliance with the purpose and intent of the Sign Code, the amendment to the Sign Program provides the new operator, OceanQuest, with adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by eliminating an existing nonconforming sign. 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 proposed projecting sign allows OceanQuest to display their brand in a manner which is appropriate for the overall development and surrounding neighborhood. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 5 of 12 Facts in Support of Standard: 1. The Sign Program 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. Facts in Support of Standard: 1. The project site is for the use of multiple commercial tenants and OceanQuest and has been designed to be effective for such a use. 2. It is not anticipated that future revisions will be necessary to accommodate changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed signs. OceanQuest, as a new operator for the site, continues to evaluate their brand as portrayed by signage. Any significant changes to the sign program would require additional amendments. 3. Consistent with Chapter 20.42, the 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 Support of Standard- 1. tandard:1. The amended Sign Program requests an increase in sign area for the projecting sign and the removal of an existing nonconforming roof sign. 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. tandard:1. The program does not authorize the use of new prohibited signs. In fact it removes an existing roof sign, which is prohibited by the sign code. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 6 of 12 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. CS2016-007 and Modification Permit No. MD2016-105, subject to the conditions set forth in Exhibit A and the parameters denoted in Exhibit B, which are attached hereto and incorporated by reference. 2. Comprehensive Sign Program and Modification Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF OCTOBER, 2016. By: Patrick Alford, Zoning Administrator Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 7 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, details, and elevations, except if noted in the following conditions. 2. Prior to obtaining a building permit, all existing signage shall be brought into compliance with the Comprehensive Sign Program attached as Exhibit "B". 3. Upon demolition of the current development, this Comprehensive Sign Program and Modification Permit shall be rendered nullified and a new Comprehensive Sign Program shall be obtained for the new development in accordance with the Zoning Code Provisions in effect at the time the new development is approved. 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" and any applicable sight distance provisions of Chapter 20.42 of the Newport Beach Municipal Code. 5. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 6. Signs not specifically approved by this Comprehensive Sign Program and Modification Permit shall be removed, unless approved through separate and subsequent review. 7. This approval was based on the particulars of the individual case and does not, in and of itself or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 8. 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 Staff Approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 9. A building permit shall be obtained prior to commencement of the construction and/or installation of the signs. 10. A copy of the conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. Sign lighting shall be placed on a timer so that it is turned off by 9 p.m. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 8 of 12 12. Prior to building permit final, the sign shall be inspected after dusk by the Planning Division to ensure the sign illumination does not create excessive glare onto public areas and any nearby properties. A diming of lights may be required. 13. Prior to issuance of building permits for the projecting sign, the applicant shall remove the existing nonconforming roof sign located on the ticket booth. 14. 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 OceanQuest Sign Program including, but not limited to Comprehensive Sign Program No. CS2016-007 and Modification Permit No. MD2016-105 (PA2016-105) 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. ZA2016-056 Page 9 of 12 EXHIBIT "B" SIGN PROGRAM MATRIX (Changes to the Sign Code are shown underlined and strike-out. Upon approval these will be removed) Frontages: 1) East Bay Avenue 2)Washington Street 3) Palm Street 4) Edgewater Place (LF = Linear Feet/ SF = Square Feet) Sign Type Frontages Size limitations where applicable A. Exhibition Wall Signs 1) East Bay Avenue (Non-rigid material) Number of Signs: One Sign Area: 1.5 times linear frontage of building (Maximum of 150 SF) Maximum Letter/Logo Height: 36 inches 2)Washington Street 3) Palm Street or Edgewater Place 4) Edgewater Place Number of Signs: Three, one per frontage or one on Washington Street and two on Edgewater Place Sign Area: 1.5 times linear frontage of building (Maximum of 150 SF) Maximum Letter/Logo Height: 36 inches B1. Tenant Wall Signs 1) East Bay Avenue 2)Washington Street 3) Palm Street 4) Edgewater Place Number of Signs: One sign per street frontage of each tenant space (maximum three per any one tenant with multiple frontages) Maximum Sign Area: 25 SF for single tenant or 50 SF for multi-tenant Maximum Letter/Logo Height: 36 inches B2. Museum Wall Signs 1) East Bay Avenue 2)Washington Street 3) Palm Street 4) Edgewater Place Number of Signs: Eight, with no more than three signs per street elevation Maximum Sign Area: 25 SF Maximum Letter/Logo Height: 36 inches Tmplt:03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 10 of 12 Sign Type Frontages Size limitations where applicable C. Entry Canopy Signs 1) East Bay Avenue 4) Edgewater Place Number of Signs: One allowed on framework at entry to building complex Maximum Sign Area: 50 SF Maximum Letter/Logo Height: 36 inches D. Directory Signs 1) East Bay Avenue (Manual, changeable copy 2)Washington Street permitted) 3) Palm Street Number of Signs: Two per frontage Location: Entrance between buildings or on wall plane Sign Area: 20 SF Maximum Letter/Logo Height: 6 inches E. Flags 1) East Bay Avenue 2)Washington Street 3) Palm Street 4) Edgewater Place Number of Flags: One flag per building corner, not to exceed 11 total Location: Mounted such that top of flag is no more than two feet above the eave of the roofline Sign Area: 20 SF Maximum Letter/Logo Height: 6 inches F. Projecting Signs 2)Washington Street Number of Signs: One Sign Area: 5 SF Maximum Letter/Logo Height: 6 inches 3) Palm Street Number of Signs: Three Sign Area: 5 SF Maximum Letter/Logo Height: 6 inches 4) Edgewater Place Number of Signs: Two Sign Area: 5 SF Maximum Letter/Logo Height: 6 inches 4) East Bay Place Tmplt:03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 11 of 12 Sign Type Frontages Size limitations where applicable Number of Signs: One Sign Area: 27 SF Maximum Letter/Logo Height: 26 inch average to allow in variation of letter height. Internal Illumination: Permitted. Panels shall be opaque so that only the letters, number, symbols, or logos appear illuminated. There shall be no exposed lamps or bulbs. G. Awning Signs 1) East Bay Avenue (Including Marine Boat 2)Washington Street Rental structure) 3) Palm Street 4) Edgewater Place Number of Signs: One sign per frontage of each tenant space (not to be used in addition to wall signage on same frontage) Sign Area: 5 SF, limited to center 50% of valance or lower 18 inches of a barrel awning Maximum Letter/Logo Height:12 inches H. Tenant Window Signs 1) East Bay Avenue 2)Washington Street 3) Palm Street 4) Edgewater Place Number of Signs: One sign per window, not to exceed 20% of window area Locations: Limited to upper or lower 12 inches of window only 4) Edgewater DlaGe j. Reef Sign 6&istipg nnnnnnforming) Existing,-rn eenr..onfn sign —Gannet be replaGed OF ronnnr* anted without a NOTES: If frontage is not listed within a sign-type row, then the sign type is not permitted on that frontage. Once the existing building has been demolished and a new building is constructed, this comprehensive sign program shall be deemed void and must be amended. Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed logo and sign copy. All signs shall substantially conform to the approved set of plans stamped and dated February 29, 20121 and the plans approved for the protecting sign on East Bay Avenue dated October 13, 2016. Pursuant to Section 20.42.120.E of the Zoning Code, the Community Development Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Signs not visible from the public right-of-way shall not be limited in type, area, height, and/or location. Tmplt:03/08/11 Zoning Administrator Resolution No. ZA2016-056 Page 12 of 12 Existing nonconforming signs (S, Gh as reef SIgRS Niko Chun Type ) are subject to 20.42.140. A minimum of 8 feet of clearance between the lowest part of a sign/awning and the grade below shall be provided. Temporary Banners are limited to the regulations of Chapter 20.42 Tmplt: 03/08/11