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HomeMy WebLinkAboutZA2018-008 - COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR THE HYATT REGENCY HOTEL - 4545 MACARTHUR BOULEVARDRESOLUTION NO. ZA2018-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2017-018 AND MODIFICATION PERMIT NO. MD2017-010 FOR THE HYATT REGENCY HOTEL LOCATED AT 4545 MACARTHUR BOULEVARD (PA2017-244) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Karla Alvarez of Swain Sign Inc., with respect to property located at 4545 MacArthur Boulevard, and legally described as Parcel 1 of Resubdivision 980 of Parcel Map 91-292, City of Newport Beach, County of Orange, State of California requesting approval of a comprehensive sign program. 2. The applicant proposes a comprehensive sign program and associated modification permit as follows: a. Comprehensive Sign Program request to authorize signage at the Hyatt Regency Hotel site, including two monument signs, two wall signs on the highest level of the high-rise buildings, and two entry wall signs. b. Modification Permit: i. Request to allow a ground identification sign to exceed the maximum allowed height, where a comprehensive sign program only allows an increase of 20% above the maximum height standard. The monument sign proposed at the corner of Birch Street and MacArthur Boulevard is 9.17 feet, approximately 129% percent higher than the 4-foot maximum height limit. ii. Request to allow a wall sign to exceed the maximum area by more than 30%. The proposed wall sign that faces the corner of Birch Street and MacArthur Boulevard would be 183 square feet (approximately 34% larger than the 136 square foot sign area allowed). 3. The subject property is designated Mixed Use Horizontal (MU-H2) by the General Plan Land Use Element and is located within the Newport Place Planned Community – Hotel Site 1 (PC11) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 15, 2018 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 Zoning Administrator Resolution No. ZA2018-008 Page 2 of 12 12-21-17 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 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 involves the replacement of existing signs and the addition of new signs, accessory to the existing nonresidential development on the property. SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program Pursuant to Section 20.42.120, the comprehensive sign program allows an increase in sign height by 20 percent above that allowed and an increase in sign area by 30 percent above that allowed. The program shall comply with the standards of the Newport Place Planned Community sign regulations, 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 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 comprehensive sign program complies with the purpose and intent of Municipal Code Chapter 20.42 (Sign Standards) and the Newport Place Planned Community text to aesthetically integrate all signs while providing for the flexible application of sign regulations on a large commercial site that contains a multi-story building. 2. The comprehensive sign program is consistent with citywide sign design guidelines in that the proposed signs are designed to be compatible with the building design and subject property in terms of scale, size, and materials. The proposed signs are designed to effectively identify the hotel site without creating sign clutter. This is accomplished through the use of legible text, logical placement, and designs that Zoning Administrator Resolution No. ZA2018-008 Page 3 of 12 12-21-17 are proportional to street frontages and building elevations on which the signs 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 proposed signs provide entry and location identification from Birch Street and MacArthur Boulevard. The number, location, and size of signs is in keeping with typical hotel sites. The signs will be adequately separated to avoid the appearance of clustered signage; thus, the sign program will not contribute to an overabundance of signage that will have a detrimental effect on the airport area. 2. No wall signs or ground signs are proposed along the rear of the property abutting other commercial/office uses. Proposed signs are only located along frontages visible from the major right-of-ways. There are no sensitive or residential uses in the immediate vicinity. 3. All proposed signage will be in harmony with the character and architectural style of the hotel. The large property accommodates the additional and larger signage without creating an impact to the surrounding neighborhood. 4. The proposed sign program would result in wall signs that are located lower than the previously approved signs (Modification Permit No. M5112) that protruded above the roof parapet. 5. The Newport Place Planned Community text allows motel and hotel sites to utilize one (1) pole sign in lieu of other identification signs allowed by the PC text. The proposed sign program utilizes a mix of identification signage that relieves the need for an identification pole sign, a sign type that is prohibited by the Zoning Code. Thus, the proposed mixture of signage (including the 9.17-foot high monument sign) would be more in harmony with the surrounding development than a 20-foot high pole sign allowed by the PC text. Standard: C. The sign program shall address all signs, including permanent, temporary , and exempt signs. Zoning Administrator Resolution No. ZA2018-008 Page 4 of 12 12-21-17 Fact in Support of Standard: 1. The comprehensive sign program includes all signage for the hotel. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42 and the Newport Place Planned Community (PC11) text. 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 future hotel facilities. The additional signage and increased size permitted provides flexibility to accommodate the signage needs of future hotel uses. 2. It is not anticipated that future revisions to the comprehensive sign program will be necessary to accommodate changes in occupants or owners. However, consistent with Chapter 20.42, the Community Development Director (or his/her designee) may approve minor revisions to the sign pro gram 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 is consistent with the intent of Municipal Code Section 20.42.120 (Comprehensive Sign Program Standards) and with the Newport Place Planned Community text, and is being processed concurrently with a Modification Permit consistent with Zoning Code Section 20.52.050 to allow a ground identification sign and wall sign to be larger than the established standards. The intent of the requested deviations is to increase the visibility of the signs and to allow signage that is proportionately scaled to the size of the property, lengths of street frontages, and hotel elevations. 2. The deviations are justified in that the visibility of signage will be improved for the large site, while remaining proportionately scaled to the size of the buildings onsite and applicable street frontages. Zoning Administrator Resolution No. ZA2018-008 Page 5 of 12 12-21-17 3. The proposed wall signs are located on the highest level of the high-rise hotel. The proposed wall sign associated with the modification permit (Sign A2) is located approximately 109 feet above the ground, and the other wall sign (Sign A1) is located approximately 80 feet above the ground. Thus, additional sign area is needed to enhance visibility of these signs from the ground. 4. The Newport Place Planned Community text allows motel and hotel sites to utilize one (1) pole sign in lieu of other identification signs allowed by the PC text. The proposed sign program utilizes a mix of identification signage that relieves the need for an identification pole sign, a sign type that is prohibited by the Zon ing Code. Thus, the proposed mixture of signage (including the 9.17-foot high monument sign) would be more likely to enhance the overall development than a 20-foot high pole sign allowed by the PC text. Standard: A. 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: B. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. 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 20 percent and sign area greater than 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. Zoning Administrator Resolution No. ZA2018-008 Page 6 of 12 12-21-17 Facts in Support of Finding: 1. The project site is located in the PC11 (Newport Place Planned community) Zoning District. The proposed signs have been designed to enhance the overall development; to relate visually to other signs included in the comprehensive sign program, and to the structures and/or developments they identify; and to be sensitive to adjacent uses. A hotel use has occupied the site since the 1970’s, thus, the changes to the associated signage will appear negligible to surrounding developments. 2. The proposed wall signs are similar to the existing conditions, but would no longer project above the roof or parapet line. The current Zoning Code prohibits such roof signs. Thus, the proposed signage would result in greater compliance with the current Zoning Code. 3. Pursuant to the PC11 text, building identification signs shall have an area not to exceed 1.5 square feet of surface for each one foot of lineal frontage of the building. A Comprehensive Sign Program may authorize an increased sign area up to 30% above the standard. The increased sign area of 182.65 square feet for the secondary site identification wall sign (A2) is required based on the proportional size of the proposed sign. Sign A2 is identical to compliant sign A1, but is located on a smaller elevation of the building, resulting in a sign that is approximately 34 percent greater in area than the Zoning Code and Planned Community standard. Thus, if the sign were 4 percent smaller it could be permitted through a comprehensive sign program without a modification permit. The proposed 4 percent increase would have a negligible impact on the surrounding development. 4. The proposed monument sign at the corner of Birch Street and MacArthur Boulevard is 9.17 feet, approximately 129% percent higher than the 4-foot maximum height limit. A 4-foot height maximum would not be sufficient to provide clear identification and letter size for the large site (275,267 square feet). Additionally, the rapid speed of traffic along the aforementioned right-of-ways warrants larger or taller signage to ensure legibility. 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 property abuts three right-of-ways, but contains only one main ingress and egress route (along Birch Street). Two ancillary ingress/egress points are located along Corinthian Way, but do not provide a direct or clear path to the hotel entrance. MacArthur Boulevard and Birch Street are major roads through City, are wide with multiple lanes, and allow higher rates of speed, resulting in reduced sign Zoning Administrator Resolution No. ZA2018-008 Page 7 of 12 12-21-17 visibility. Therefore, the hotel signage needs to be large enough to allow motorists to find the site and safely navigate to the entrance. 2. The proposed monument sign at the corner of Birch Street and MacArthur Boulevard is 9.17 feet, approximately 129% percent higher than the 4-foot maximum height limit. A 4-foot height maximum would not be sufficient to provide clear identification and letter size for the large site (275,267 square feet). Additionally, the rapid speed of traffic along the aforementioned right-of-ways warrants larger signage. 3. The hotel site is large and comprised of multiple high-rise buildings separated from adjacent right-of-ways by a large surface parking lot. The increase in sign size and height will provide greater convenience and visibility for visitors to the site. 4. The wall sign associated with the modification permit (Sign A2) is located approximately 109 feet above the ground, and the other wall sign (Sign A1) is located approximately 80 feet above the ground. Thus, additional sign area is needed to enhance visibility from the ground. 5. The Newport Place Planned Community text allows motel and hotel sites to utilize one (1) pole sign in lieu of other identification signs allowed by the PC text. The proposed sign program utilizes a mix of identification signage that relieves the need for an identification pole sign, a sign type that is prohibited by the Zoning Code. Thus, the proposed mixture of signage (including the 9.17 -foot high monument sign) would be more in harmony with the surrounding development than a 20-foot high pole sign allowed by the PC text. 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. Property Frontage: 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 size is to ensure that signage does not overwhelm a property and create clutter. The property is large (approximately 275,267 square feet) and the hotel buildings are setback from adjacent right-of- ways with a surface parking lot and associated landscaping. Additionally, the site frontage is 846 feet along Birch Street, and 401 feet along MacArthur Boulevard, thereby presenting practical difficulties in providing adequate signage . Thus, the proposed increase in height and area of certain signs will be appropriately scaled to the size and street frontages of the property. 2. Building Frontage: The total building frontage (facing Birch Street) is approximately 363 feet, which presents challenges in providing adequate signage. Zoning Administrator Resolution No. ZA2018-008 Page 8 of 12 12-21-17 Thus, modifications to the allowed area and height of signage is appropriate to provide adequate visibility from major roadways and is appropriately scaled to the building elevations. 3. Adjacent Roadways: The two signs that require a modification permit are oriented towards the corner of Birch Street and MacArthur Boulevard, which is a high-speed roadway with five and eight lanes, respectively. The increase in sign height and sign area of signage facing Birch Street and MacArthur Boulevard addresses the practical difficulty of reduced visibility for motorists trying to identify the hotel from these wide and high-speed roadways. 4. Building Height: W all sign A2 (requiring modification permit) is located approximately 109 feet above ground at the top of the high-rise building. Thus, the additional sign area allows for greater visibility from the ground. 5. The increase in the sign height and area of certain signs does not interfere with the purpose and intent of the Newport Place Planned Community and with Municipal Code Section 20.42.120 (Comprehensive Sign Program Standards) as it provides for adequate identification of the site while guarding against an excessive proliferation of signs. 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. Due to the design and location of the building, as well as the overall size of the property, deviations from allowed sign height and area are necessary to provide adequate identification for the large subject property. The strict application of the Newport Place Planned Community sign standards would result in inadequate signage not easily visible to motorists or pedestrians. 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 wit h the provisions of this Zoning Code. Facts in Support of Finding: 1. This approval will allow for an increase sign height and size of certain signs, but will not result in a change in intensity or density of the existing hotel use. Zoning Administrator Resolution No. ZA2018-008 Page 9 of 12 12-21-17 2. This approval will not result in the addition of any signs visible from existing residential areas. 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. CS2017-018 and Modification Permit No. MD2017-010, subject to the conditions set forth in Exhibit A and the sign matrix 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 15TH DAY OF FEBRUARY, 2017. _________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-008 Page 10 of 12 12-21-17 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, building elevations, and Comprehensive Sign Program Matrix Table, stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the appr oved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Landscaping with automatic irrigation shall be provided and maintained at the base of the supporting structure (of the monument signs) equal to twice the area of one face of the sign or seventy-five (75) square feet, whichever is greater. For example, forty (40) square feet. of sign area equals eighty (80) square feet of landscaped area. 4. Monument or ground identification signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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 Modification Permit. 7. This Comprehensive Sign Program and Modification 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. Any change in characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Comprehensive Sign Program and Modification Permit or the processing of a new Comprehensive Sign Program and Modification Permit 9. 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. Zoning Administrator Resolution No. ZA2018-008 Page 11 of 12 12-21-17 10. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 11. 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. 12. 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. 13. 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 Hyatt Regency Sign Program including, but not limited to, CS2017-018 and MD2017-010 (PA2017-244). 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. Building Division Conditions 14. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Public Works Conditions 15. Sign “D” shall be set back a minimum of 10’ from the property line. 16. Sign “E” shall comply with the City Sight Distance Standard STD-11-L. Sign shall be located outside of the limited use area. Zoning Administrator Resolution No. ZA2018-008 Page 12 of 12 12-21-17 EXHIBIT “B” COMPREHENSIVE SIGN PROGRAM MATRIX TABLE Birch Street 846.72’ Mac Arthur Blvd 400.99’ Corinthian Way 346.31’ Front Elevation (Includes Parking lot) Left Side Elevation (Includes Parking lot) Right Side Elevation (Includes Parking lot) COMPREHENSIVE SIGN PROGRAM SIGN TYPES HYATT REGENCY, NEWPORT BEACH, CA SIGN 3’-8” x 49’-9.3/4” SIGN LOCATION A1 SIGN SIZE SIGN AREA BUILDING FRONTAGE SIGN COPY SIGN TYPE Northwest Building Elevation Top Floor Primary Channel Letters HYATT REGENCY 182.65 A2 Secondary North Building Elevation Top Floor Channel Letters HYATT REGENCY 3’-8” x 49’-9.3/4” Sky Sign Sky Sign Porte- Cochere B Northwest Building Elevation Logo/ Channel Letters Logo / HYATT REGENCY 2’-2 1/4” x 17’-8 1/4”38.69 C Entrance Flat cut-out 2’-6” x 2’-10” Northwest Entrance Building Wall Elevation Logo / HYATT REGENCY 7.08 Northwest Driveway Entrance Logo / HYATT REGENCY- John Wayne Airport Newport Beach D/F Monument D/F Monument 4’-6” x 12’-0 54 Logo / HYATT REGENCY 4545 MacArthur Blvd D Main Entrance Monument Birch & MacArthur Corner 9’-2” x 5’-6” E Identification Monument 50.41 Birch 846.72’ MacArthur 400.99’ 90’-9” 190’-5” 190’-5” 190’-5” 182.65