Loading...
HomeMy WebLinkAboutZA2017-049 - MODIFICATION PERMIT FOR REPLACEMENT SIGN - 716 E Balboa BlvdRESOLUTION NO. ZA2017-049 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2017-004 TO ALLOW DEVIATIONS FOR A NEW PROJECTING SIGN LOCATED AT 716 EAST BALBOA BOULEVARD (PA2017-104) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mike B. Martin, with respect to property located at 716 East Balboa Boulevard, and legally described as Lot Nos. 13 and 14, Block 9 of the Balboa Tract, requesting approval of a modification permit. 2. The applicant proposes to deviate from the maximum area and projection distance over the public sidewalk allowed for a projecting sign, and to permit a sign above the roof parapet. The proposed sign would replace the nonconforming projecting sign for the Balboa Pharmacy, which was involuntarily damaged earlier this year due to inclement weather. 3. The subject property is designated Mixed -Use Vertical (MU -V) by the General Plan Land Use Element and is located within the Mixed -Use Vertical (MU -V) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Uses Vertical (MU -V) and it is located within the Mixed -Use Vertical (MU - V) Coastal Zoning District. The proposed project is exempt from the coastal development permit requirements pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements). The project involves the replacement of a nonconforming sign that was involuntarily destroyed. The sign is accessory to the existing commercial use onsite and does not result in any change in use and the nonconformity did not relate to or affect coastal resources or coastal access. 5. A public hearing was held on June 29, 2017, 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 hearing 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 hearing. 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. Zoning Administrator Resolution No. ZA2017-049 Paqe 2 of 6 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 proposed project is the replacement of a projecting sign, which is accessory to the existing multi -tenant commercial building on the property. SECTION 3. FINDINGS. In accordance with Section 20.52.050(E) (Modification Permits — Required Findings) of the NEMC, 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 project site is located within Balboa Village at the corner of East Balboa Boulevard and Main Street. One- and two-story nonresidential buildings that have a wide variety of sign types surround the project site. The historic Balboa Pavilion is visible from the corner to the north. 2. The Balboa Village Design Guidelines were updated in 2014, which include suggestions for sign character. The proposed project would allow replacement of a previously existing nonconforming projecting sign, which was labeled as a corner projecting sign that adds character to Balboa Village. 3. The proposed replica sign would maintain the same character and remain compatible with surrounding signage, but will be more conforming to the current standards for signage as it will be in good repair with improved energy efficiency. Finding: B. The granting of the modification is necessary due to the unique physical characteristic(s) of the property andlor structure, and/or characteristics of the use; Facts in Support of Finding: 1. The proposed replacement sign is necessary to maintain and promote the historic character of the project site and will continue to identify the traditional use of the tenant space as a pharmacy/drug store. 2. As the building is constructed from property line to property line, not allowing a larger projecting sign as proposed would detract from its visual interest. 06-09-17 Zoning Administrator Resolution No. ZA2017-049 Paqe 3 of 6 Finding: C. The granting of the modification is necessary due to the 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: The purpose and intent of NBMC Chapter 20.42 (Sign Standards) includes protection and enhancement of the City's unique character and aesthetic standards, promoting tourism through enhanced aesthetic appeal, and preservation and enhancement of the community's appearance. Additionally, sign standards provide each user an opportunity for adequate identification while guarding against excessive signs. Strict application of the Zoning Code would prohibit the replacement of a character - defining feature at a prominent corner building within Balboa Village. While conforming signs are possible through strict application of the sign standards, said application would not allow adequate identification of the pharmacy as they would not provide similar iconic and historic qualities as the proposed replacement. 2. The Balboa Village Design Guidelines recognize that the historic elements, including signage, are what help create a sense of identity of the Village. Not allowing sign replacement such as the proposed may result in a loss in character, which is not in accordance with the spirit and intent of the Zoning Code Sign Standards. 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; and Facts in Support of Finding: A smaller sign that complies with the Zoning Code would not capture the whimsical and traditional architectural character of the Balboa Village. Limiting the replacement of the existing nonconforming projecting sign, which was involuntarily damaged, to a sign with a maximum area of 20 square feet would result in a sign that is substantially smaller. 2. See Facts in Support of Finding C1 and C2. 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 the Zoning Code. 06-09-17 Zoning Administrator Resolution No. ZA2017-049 Paqe 4 of 6 Facts in Support of Finding: 1. The previously existing nonconforming sign was in place since the early 1900s and had not proven detrimental. 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. Project approval will not result in a change in intensity or density of the existing restaurants, marine serving, and office uses. 4. The new sign will be designed and fabricated of new, rust -resistant materials and affixed to fagade of the building in accordance with the Building Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2017-004 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 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 29TH DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator 06-09-17 Zoning Administrator Resolution No. ZA2017-049 Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The sign must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 4. A building permit shall be obtained prior to commencement of the construction and/or installation of the sign. 5. The sign shall not extend higher above the parapet/roofline than the previous sign. 6. 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. 7. 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 Modification Permit 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 Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. 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. 9. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 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. 06-09-17 Zoning Administrator Resolution No. ZA2017-049 Paqe 6 of 6 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 Balboa Pharmacy Sign Replacement including, but not limited to, Modification Permit No. MD2017-004 (PA2017-104). 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. 06-09-17