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HomeMy WebLinkAboutZA2017-066 - MODIFICATION PERMIT TO REPLACE PYLON SIGN, "NEWPORT CHANNEL INN" - 6030 WEST COASTRESOLUTION NO. ZA2017-066 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2017-007 FOR DEVIATIONS IN SIGN WIDTH, AREA AND REQUIRED LOCATION AT 6030 WEST COAST HIGHWAY (PA2017-165) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Channel Inn, Inc. with respect to property located at 6030 West Coast Highway, and legally described as Lots 4 through 10 in Block 160 of the River Section, Newport Beach, requesting approval of a modification permit. 2. The applicant is requesting to install a new sign for the Newport Channel Inn with the following deviations from Chapter 20.42 (Sign Standards) of the Zoning Code: a. Proposed sign area of 157 square feet is proposed. The Zoning Code allows a maximum sign area of 75 square feet (209% increase); b. Proposed sign width of 13 feet, 2 inches. The Zoning Code allows a maximum sign width of 30 percent of the height, or 6 feet in this case (219% increase); and c. Proposed sign extends 3 feet, 8 inches into the public right-of-way, with at least 8 feet, 5 inches of vertical clearance above sidewalk. The Zoning Code requires a minimum 5-foot setback from the front property line. d. To allow a pylon sign on a site where the building is set back from the front property line less than a minimum of forty (40) feet 3. The subject property is designated CV (Visitor Serving Commercial) by the General Plan Land Use Element and is located within the CV (Commercial Visitor-Serving) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CV-A (Visitor Serving Commercial) and the site is located within the CV (Commercial Visitor) Coastal Zone District. 5. A public hearing was held on September 14, 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. Zoning Administrator Resolution No. ZA2017-066 Page 2 of 7 07-11-17 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. The proposed project is the replacement of a nonconforming pole sign with a pylon sign, accessory to the exisitng nonresidential development on the property. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.42.110 (Modification Permit) of the Newport Beach Municipal Code (NBMC), deviations in sign width greater than twenty (20) percent, sign area greater than thirty (30) percent, and sign location within a required setback area are subject to the approval of a modification permit. In accordance with NBMC Section 20.52.050 (Modification Permits), 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 CV Zoning District. The requested increases in sign width and area will be compatible with existing development in the neighborhood along Coast Highway, which consists of various nonresidential uses that employ the use of similar signage for identification purposes. 2. The building façade measures approximately 78 feet in width on the primary frontage (Coast Highway) and approximately 198 feet in width on the secondary frontage (61st Street). Given the span of the building facades, the increased width and area of the pylon sign will be compatible with the overall massing and bulk of the building. 3. A similar sign has existed at this location since 2001, and was made nonconforming in 2005, with the adoption of NBMC Chapter 20.42 (Sign Standards). The proposed replacement sign will be more conforming to current sign standards while allowing adequate, comparable identification for the visitor-serving use. Zoning Administrator Resolution No. ZA2017-066 Page 3 of 7 07-11-17 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 pylon sign for the primary frontage will serve as the main identification for motorists travelling on West Coast Highway. The curve of the road, as well as other buildings and signs along Coast Highway, obstruct the visibility of the business, which makes an increase in sign width and area necessary to assist motorists in identifying the business location. 2. The requested location within the required setback is necessary as the entire frontage of the property on Coast Highway is developed with parking spaces and drive aisles to serve the motel. Moving the sign further back to comply with the required setback would conflict with an existing staircase and impede path of travel. It would also limit visibility of the proposed sign from the roadway, which is inconsistent with the spirit and intent of NBMC Chapter 20.42. 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 adequate identification while preserving and enhancing the community’s appearance. The regulation of sign width, area, and location is to help ensure that signage does not overwhelm a building façade or create clutter. The proposed increases in sign width and area will be appropriately scaled to the building given the façade width of the existing building. 2. The proposed location of the sign does not result in any new or increased obstructions within the area, as the pylon sign is sited in the same location as the previously existing pole sign, and other obstructions already exist within the line of sight area. 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. Zoning Administrator Resolution No. ZA2017-066 Page 4 of 7 07-11-17 Facts in Support of Finding: 1. The requested increase in sign width, area and location 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 and the improvements in front of it, the increased width, area, and deviation from required location of the pylon sign 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 existing building façade and inadequate signage that would not be easily visible to motorists on West Coast Highway. 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 width, area, and a deviation from required location of the pylon sign, but will not result in a change in intensity of the existing nonresidential, visitor-serving use on the property. 2. The size of the sign is within scale of the existing signs along Coast Highway and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. 3. The Building Division and Public Works Department reviewed the sign location and determined it acceptable. The applicant is required to obtain a building permit for the construction of the proposed sign, which will confirm all requirements are met. 4. Conditions of approval have been included that will help to ensure that the proposed sign will not be detrimental. 5. Although recently damaged by a vehicle, a similar sign had been in place since 2001, with no other incidents. The replacement sign will be an improvement of the former sign in that it will be more conforming to current Code requirements. Zoning Administrator Resolution No. ZA2017-066 Page 5 of 7 07-11-17 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2017-007, 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 14TH DAY OF SEPTEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-066 Page 6 of 7 07-11-17 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The approved sign shall be in substantial conformance with the approved site plan and design documents 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 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 Use Permit. 4. A building permit shall be obtained prior to commencement of installation of the sign. 5. 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. 6. The sign shall be designed such that it is illuminated in accordance with the provisions of NBMC Section 20.42.060(H) (Illuminated Signs and Lights). 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 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 Newport Channel Inn Sign Replacement (PA2017-165). 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 Zoning Administrator Resolution No. ZA2017-066 Page 7 of 7 07-11-17 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. 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. Building Division 11. Prior to final of the building permit for the pylon sign, the applicant shall provide accessible parking identification signs in accordance with California Building Code Sections 11B- 502.6, 11B-502.7, and 11B-502.8. 12. The pylon sign shall be structurally designed by a licensed professional.