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HomeMy WebLinkAboutZA2018-039 - COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT TO AMEND COMPREHENSIVE SIGN PROGRAM NO. CS2006-001 AND REPLACE A MONUMENT SIGN - 690 NEWPORT CENTER DRIVERESOLUTION NO. ZA2018-039 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2018-001 AND MODIFICATION PERMIT NO. MD2018-001 TO AMEND COMPREHENSIVE SIGN PROGRAM NO. CS2006-001 AND REPLACE A MONUMENT SIGN LOCATED AT 690 NEWPORT CENTER DRIVE (PA2018- 029) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Shawna Schaffner of CAA Planning, Inc. representing the Irvine Company, with respect to property located at 690 Newport Center Drive, and legally described as Parcel 3 of Lot Line Adjustment 2011-001, amending a portion of an existing Comprehensive Sign Program and requesting approval of a Modification Permit. 2. The applicant proposes an amendment to Comprehensive Sign Program No. CS2006- 001 (PA2014-072) and a modification permit to modify an existing monument sign (Sign Type A) for the Fashion Island Hotel. The proposed 112-square-foot monument sign is 10 feet in height where the existing sign program limits the sign height to 5 feet 2.4 inches. If approved, this Comprehensive Sign Program and Modification Permit would supersede Comprehensive Sign Program No. CS2006-001 (PA2014-072). 3. The subject property is located within the Block 600 sub-area of the North Newport Center Planned Community (PC-56) Zoning District and the General Plan Land Use Element category is Mixed-Use Horizontal (MUH3). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 12, 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 Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. The Zoning Administrator continued the item to the April 26, 2018, Zoning Administrator hearing at the April 12, 2018 meeting. 6. A public hearing was held on April 26, 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 Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2017-039 Page 2 of 11 12-21-17 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. 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. The proposed signs are incidental and accessory to the principal commercial use of the property and do not intensify or alter the use. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.42.120 (Comprehensive Sign Program) 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 – Comprehensive Sign Program]. Facts in Support of Standard 1. The proposed Comprehensive Sign Program complies with the purpose and intent of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) and the PC-56 (North Newport Center Planned Community) Zoning District sign standards because it provides the hotel with adequate identification while guarding against an excessive proliferation of signage. It preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of signs. Through said regulations, the Comprehensive Sign Program will enhance the safety of motorists and pedestrians by minimizing the distraction of signs, as well as to protect the life, health, property, and general welfare of City residents and visitors. 2. The purpose of a comprehensive sign program is to integrate all of a project’s signs. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of signs, and to achieve, not circumvent, the purpose of Chapter 20.42 and the sign standards of the PC-56 (North Newport Center Planned Community) Zoning Administrator Resolution No. ZA2017-039 Page 3 of 11 12-21-17 Zoning District. This approval integrates all of the signs for the subject property while meeting the purpose and intent of Chapter 20.42 and the sign standards of the PC-56 (North Newport Center Planned Community) Zoning District. 3. The Comprehensive Sign Program is consistent with the Citywide Sign Design Guidelines Manual because the proposed signs are compatible with the building design in terms of scale, size, and materials. As proposed, the signs effectively communicate a commercial message without creating sign clutter through legible text that contrasts with the background. The location and size of the signs do not dominate, but rather are consistent with the proportions of the building façade where they are located. 4. The proposed Monument Sign, Sign Type A, is an allowed sign type pursuant to the PC- 56 sign standards. The change in monument sign height would remain in substantial conformance with the Site Development Review No. 32 because the sign location remains the same. 5. The Parapet Wall Sign, Sign Type B, is authorized under Modification Permit No. MD2012- 018 (PA2012-174) and will remain unchanged in the comprehensive sign program. 6. The existing Porte-Cochere Building Sign, Sign Type C, will provide for identification located on an elevation at the eyebrow level where the architectural design of the porte- cochere suggests placement of a sign. Sign Type C will be limited to a maximum of one 34-square-foot sign. The proposed sign will maintain a consistent sign pattern and is designed to fit with the overall scale of the building and its relationship to Newport Center Drive and Santa Cruz Drive. 7. The existing Restaurant Identification Sign, Sign Type D, is an allowed sign type pursuant to the PC-56 sign standards and will provide adequate identification for the entryway to the restaurant and lounge components of the hotel. 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 5.3-acre site is developed with a large hotel building and related parking structure. The number and location of signs will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. 2. Proposed signs will not obstruct public views from adjacent roadways because there are no public views through or across the subject property. Zoning Administrator Resolution No. ZA2017-039 Page 4 of 11 12-21-17 3. Proposed signs, including the new monument sign, Sign Type A, will not interfere with sight distance from any street, driveway, or parking area. The increased sign height will make this monument sign consistent with the height and architectural style of other monument signs located throughout the Newport Center area. 4. The Parapet Wall Sign, Sign Type B, is authorized under Modification Permit No. MD2012- 018 (PA2012-174) and will remain unchanged in the comprehensive sign program. 5. The Porte-Cochere Building Sign, Sign Type C integrates well with the character and architectural style of the building by complementing and not overstating the porte-cochere structure. 6. The Restaurant Identification Sign, Sign Type D, provides a pedestrian- and vehicle- oriented sign at the street level on Newport Center Drive that blends well with the existing landscaping along the sidewalk. Standard C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard 1. The proposed Comprehensive Sign Program addresses all project signage. Temporary and exempt signs not specifically addressed in the sign program shall be regulated by the provisions of Chapter 20.42 (Sign Standards) of the Zoning Code and the PC-56 (North Newport Center Planned Community) regulations. 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 designed to be effective for the hotel and restaurants that occupy the building by providing sign opportunities for adequate identification. 2. The Comprehensive Sign Program establishes allowed type, number, location, and area of signage with flexibility to accommodate any existing and future hotel needs. 3. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate changes in uses. However, the Community Development Director may approve minor revisions to the Comprehensive Sign Program if the intent of the original approval is not affected. Zoning Administrator Resolution No. ZA2017-039 Page 5 of 11 12-21-17 Standard E. The program shall comply with the standards of this Chapter [Chapter 20.42], 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 [Chapter 20.42]. Facts in Support of Standard 1. The Comprehensive Sign Program allows for deviations with regard to the number, location, and placement of building or wall signs throughout the hotel site. The approval conforms to all other standards of Zoning Code Chapter 20.42 (Sign Standards) as well as the PC-56 (North Newport Center Planned Community) sign standards, and enhances the overall development by integrating all of the project’s signs with the overall site and structure design into a unified architectural statement. 2. The number of signs is reasonable given the use of the structure, size, and location of the building. The total allowed sign area for each primary frontage and secondary frontage does not deviate from the maximum permitted by the Zoning Code or the PC- 56 sign standards. 3. The proposed Monument Sign, Sign Type A, will be situated in the same general location as the existing monument sign. The new sign will be taller but narrower than the existing monument sign and will have the same area as the existing monument sign. 4. Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code allows the Zoning Administrator to approve comprehensive sign programs provided that the sign area is not increased by more than 30 percent or the letter height by more than 20 percent. Increases above these limits are allowed with the approval of a Modification Permit as detailed in Chapter 20.52 (Modification Permits) of the Zoning Code. The proposed monument sign is authorized in conjunction with a modification permit for sign area and height. 8. The Parapet Wall Sign, Sign Type B, is authorized under Modification Permit No. MD2012- 018 (PA2012-174) and will remain unchanged in the comprehensive sign program. 5. The Comprehensive Sign Program allows for an additional building sign to be placed on the porte-cochere as Sign Type C. This sign helps to enhance the identification and architectural statement of the hotel without creating a proliferation of signage. The increased sign height for Sign Type C helps to enhance its appearance on the porte- cochere and will not appear out of scale or overly large given the existing development pattern on the hotel site. 6. The increased sign heights for Restaurant Identification Signs, Sign Type D, allow for appropriate visibility of hotel amenities along Newport Center Drive and do not appear out of scale or overly large given the existing development pattern on the hotel site. Zoning Administrator Resolution No. ZA2017-039 Page 6 of 11 12-21-17 Standard F. 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 G. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Facts in Support of Standard 2. The Comprehensive Sign Program contains no regulations affecting sign message content. A modification permit is requested to allow the Monument Sign to exceed the height limit for Sign Type A under Comprehensive Sign Program No. CS2006-001. 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: H. The requested modification will be compatible with existing development in the neighborhood Facts in Support of Finding: 1. Larger and taller buildings are common within the Newport Center area and must provide adequate identification and direction to the public. 2. The proposed project is to replace an existing monument sign in the same location. The height of proposed Sign Type A is common throughout the Newport Center area and is architecturally consistent with other monument signs located throughout the Newport Center area. Finding: I. 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 Zoning Administrator Resolution No. ZA2017-039 Page 7 of 11 12-21-17 Facts in Support of Finding: 1. Due to the single point of entry into the hotel property and the large number of high-rise buildings within the vicinity of the hotel, a taller sign is necessary to improve visibility for the general public. 2. The maximum 36-inch letter/logo height on the monument sign, Sign Type A, is consistent with the maximum height allowed in the Zoning Code for signage. Finding: J. 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 Fashion Island Hotel is located in Block 600 of Newport Center among several existing high-rise and multi-story buildings making visibility of the site location and identification more difficult for the general public. 2. The increased height of the monument sign, Sign Type A, is appropriate to the scale and height of the buildings in the area and is necessary to provide adequate visibility within the office and commercial portion of North Newport Center. Finding: K. 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. A monument sign has been at this location since the original construction of the hotel in 1991. The existing monument sign does not provide sufficient visibility at its current 5- foot 2.4-inch height. A taller monument sign as proposed for Sign Type A provides area for a larger letter size to improve visibility. It also provides space to identify the two restaurants located at the hotel, which are open to the public. 2. Providing additional ground signs as an alternative could be detrimental and adversely impact circulation and contribute to sign clutter; while enlarging the existing wall signs provides a design solution to provide greater visibility and identification for the hotel with less impact, and without contributing to sign clutter on the ground. Zoning Administrator Resolution No. ZA2017-039 Page 8 of 11 12-21-17 Finding L. 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. The size of the signs are within the scale of their surroundings and will not adversely affect or be detrimental to persons or property in the neighboring area. 2. The increased height of the Monument Sign, Sign Type A, will provide better visual direction for the public from the surrounding roadways and at a greater distance. 3. The location of the replaced Monument Sign, Sign Type A, does not affect views or impact the surrounding area. 4. The project has been reviewed and conditioned to ensure the new sign will be safely located outside the vehicular sight distance area. 5. The proposed Monument Sign, Sign Type A, will provide appropriate address signage to provide for emergency vehicle identification of the site. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive Sign Program No. CS2018-001 and Modification Permit No. MD2018-001 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. 3. This resolution supersedes Comprehensive Sign Program No. CS2006-001 (PA2014- 072), which upon vesting of the rights authorized by this Comprehensive Sign Program amendment and Modification Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF APRIL, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-039 Page 9 of 11 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, floor plans and building elevations 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 approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Comprehensive Sign Program No. CS2018-001 and Modification No. MD2018-001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. The Parapet Wall Signs, Sign Type B, shall continue to adhere to the findings and conditions of approval under Modification Permit No. MD2012-018 (PA2012-174). 7. Signs shall be maintained in a clean and orderly condition. 8. The sign area shall be measured by two perpendicular sets of parallel lines that surround the proposed sign copy area. 9. Illuminated signs shall be regulated in accordance with the provisions of Section 20.42.070 (Standards for Permanent Signs) of the Newport Beach Municipal Code. If, in the opinion of the Community Development Director, existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas, the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 10. Any future revisions or changes to the signs approved by this Comprehensive Sign Program due to a change in the use of the building shall be reviewed and approved by the Planning Division, so long as the sign size, copy configuration, and number of signs authorized by this approval does not substantially change or increase. The mandatory reduction or elimination of signs shall be exercised as necessary. Revisions that would Zoning Administrator Resolution No. ZA2017-039 Page 10 of 11 12-21-17 substantially deviate from the original approval shall require approval of a new/revised comprehensive sign program by the Zoning Administrator. 11. 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. 12. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 13. 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. 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 Fashion Island Hotel Comprehensive Sign Program and Modification Permit including, but not limited to, Comprehensive Sign Program No. CS2018-001 and Modification Permit No. MD2018-001 (PA2018-029). 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. Fire Department Conditions 15. All commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow Fire Department access. In no case shall the numbers be less than four inches in height with a one-half inch stroke. Address numbers shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. The proposed Monument Sign, Sign Type A, shall have numbers or addresses to aid Fire Department access. Zoning Administrator Resolution No. ZA2017-039 Page 11 of 11 12-21-17 Building Division Conditions 16. 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. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Public Works Conditions 17. All work performed within the public right-of-way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement if required. 18. The Monument Sign location, Sign Type A, shall be outside the limited use area per City Standard 110-L. This sign shall be located entirely on private property and outside of all easements.