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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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