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HomeMy WebLinkAboutZA2020-037 - APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2020-004 AND MODIFICATION PERMIT NO. MD2020-006 TO REPLACE AN EXISTING MONUMENT SIGN WITH A PYLON SIGN THAT HAS INCREASED SIGN AREA AND WIDTH LOCATED AT 1300 BISON AVENUE (PA2020-040)RESOLUTION NO. ZA2020-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2020-004 AND MODIFICATION PERMIT NO. MD2020-006 TO REPLACE AN EXISTING MONUMENT SIGN WITH A PYLON SIGN THAT HAS INCREASED SIGN AREA AND WIDTH LOCATED AT 1300 BISON AVENUE (PA2020-040) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by the Irvine Company with respect to property located at 1300 Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 2001-140, recorded in Book 326 Pages 48-50 by the County Recorder on July 5, 2002, requesting approval of a comprehensive sign program amendment and a modification permit for the Bluffs Retail Center (“Center”). 2.The subject property is located within the Commercial, Sub-Area 5 of the Bonita Canyon Planned Community (PC50) and the General Plan Land Use Element category is General Commercial (CG). 3.The Applicant requests an amendment to the Bluffs Retail Center’s comprehensive sign program to replace an existing monument sign with a pylon sign. Included is a modification permit request to allow increases of the sign’s width up to 8 feet, 1 inch and area up to 120 square feet. If approved, this Comprehensive Sign Program and Modification Permit would supersede Comprehensive Sign Program No. CS2013-002 and Modification Permit No. MD2013-006 (PA2013-055). 4.The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5.A public hearing was held on April 30, 2020, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2020-037 Page 2 of 10 01-25-19 2. Class 11 includes construction or replacement of minor structures such as on-premise signs accessory to (or appurtenant to) existing commercial facilities. The proposed signage is incidental and accessory to the principal commercial use of the property as a retail shopping center and will 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 environmen tal 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. Comprehensive Sign Program Pursuant to Newport Beach Municipal Code (NBMC) Section 20.42.120 (Comprehensive Sign Program), the Comprehensive Sign Program allows for an increase in sign height by twenty (20) percent above that allowed and an increase in sign area by thirty (30) percent above that allowed. The Program shall comply with the standards of the Zoning Code, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs. In accordance with NBMC Section 20.42.120, 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 proposed Comprehensive Sign Program complies with the purpose and intent of NBMC Chapter 20.42 (Sign Standards) because it provides the Center with adequate identification while guarding against an excessive sign proliferation. The Comprehensive Sign Program preserves and enhances community appearance by regulating the type, size, location, quantity, and illumination of signs. 2. The proposed pylon sign is necessary to adequately identify the site and to distinguish it from the neighboring retail center. It will also help to improve motorists’ navigation to the site from the heavily traveled MacArthur Boulevard. 3. Due to the central building of the Center being set back almost 400 feet from MacArthur Boulevard and the subject frontage extending 780 feet, the sign is compatible with the overall massing and bulk on-site. It would also integrate well into the existing on-site signage in respect to size, height, materials, and location. Zoning Administrator Resolution No. ZA2020-037 Page 3 of 10 01-25-19 4. Per NBMC Section 20.42.060(E) (Sign Height Measurement), sign height measurement from the adjacent street (MacArthur Boulevard) has been deemed the appropriate baseline in light of the site’s physical characteristics. Grade elevation slopes downward by 6 feet from MacArthur Boulevard into the landscaped area of the sign’s location. Within this landscaped area, the sign is situated between two (2) mature trees. If, alternatively, the surface grade beneath the sign were used to measure height, the elevation disparity and trees would reduce the sign’s visibility and effectiveness to identify the site. 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. Approval would permit one (1) pylon sign in a landscaped area approximately 150 feet north of the northeast corner of MacArthur Boulevard and Bison Avenue. This location is already developed with an existing monument sign that this pylon sign would replace. Approval of this request does not change the number of signs on-site, and, therefore will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. The nearest residences orient away from the Center and are located over 600 feet away from the sign location on the south side of Bison Avenue. 2. The Center is developed with commercial tenant frontages oriented either inward and away from Bison Avenue or facing MacArthur Boulevard. The access to the Center , however, is limited to two (2) existing driveways on Bison Avenue. Moreover, the Center is located on the boundary between the cities of Newport Beach and Irvine and separated from other development areas by Bison Avenue, MacArthur Boulevard, and the 73 Freeway. This location has created a challenge for project identification, particularly for traffic entering Newport Beach from MacArthur Boulevard and Bison Avenue. The addition of the pylon sign will further identify the Center to incoming traffic to Newport Beach. 3. The proposed pylon sign will utilize architectural materials, colors, and scale that harmonize with the Center’s existing character and sign program. 4. See Facts in Support of Standard A.1 and A.3. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Zoning Administrator Resolution No. ZA2020-037 Page 4 of 10 01-25-19 Fact in Support of Standard: 1. The Comprehensive Sign Program includes all project signage. Any future temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of NBMC Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be req uired because of changes in use or tenants. Facts in Support of Standard: 1. The Comprehensive Sign Program has been developed to be effective for commercial uses and allow flexibility for future changes in tenants. 2. It is not anticipated that future revisions to the Comprehensive Sign Program will be necessary to accommodate changes in tenants or 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. Standard: E. The program shall comply with the standards of this Chapter, except that deviation 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 allows for deviations with regards to the type, number, and location of wall signs. The approval conforms to the intent of NBMC Chapter 20.42, and enhances the overall development by integrating the project’s signs to be appropriately located and scaled. 2. The proposed Comprehensive Sign Program is consistent with NBMC Chapter 20.42, and is being processed concurrently with a Modification Permit consistent with NBMC Section 20.52.050 to allow the sign area and sign width to be larger than the standard Zoning Code limitations in order to increase the visibility of the signs. All other previously approved signage allowances will remain the same and the facts to support their approval are unchanged. 3. The standard requirement would result in smaller tenant names, whose size would be ineffective for motorist site identification and create clutter detrimental to the overall appearance of the development. Zoning Administrator Resolution No. ZA2020-037 Page 5 of 10 01-25-19 Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter [Chapter 20.42]. Fact in Support of Standard: 1. The Comprehensive Sign Program does not authorize the use of prohibited signs. Finding: G. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content. Fact in Support of Standard: 1. The proposed sign program amendment contains no regulations affecting sign message or content. The existing sign program for the Center establishes the general content of all approved sign types. The proposed amendment to the sign program carries forward the design criteria established upon the adoption of the original sign program and reinforces the high quality conveyed by the existing building architecture of the Center . Modification Permit Pursuant to NBMC Section 20.42.110, deviations in sign height greater than twenty (20) percent and sign area greater than thirty (30) percent 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: H. 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 Bonita Canyon (PC50) Planned Community and abuts the 73 Freeway to the west. The increase in sign area and width is compatible with the existing development in the neighborhood because there are several other commercial uses located along MacArthur Boulevard that employ the use of similar signage and logos for identification purposes, such as the nearby retail center. 2. The frontage on MacArthur Boulevard measures approximately 780 feet in width and the central building for the Center is set back almost 400 feet from the street . Considering this context, the pylon sign’s proposed increase of area and width are compatible with the overall massing and bulk of the Center. Zoning Administrator Resolution No. ZA2020-037 Page 6 of 10 01-25-19 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. Facts in Support of Finding: 1. The proposed pylon sign for the Center serves as central identification for motorists travelling north and south on MacArthur Boulevard. Existing trees in the pylon sign’s proposed location in a landscape area further obstruct visibility. MacArthur Boulevard, moreover, is designated as a Major Roadway (eight lanes divided) by the Public Works Department and has a speed limit of 55 miles per hour. Considering the site’s location and orientation on MacArthur Boulevard, an increase in sign area and width for the pylon sign are necessary to assist motorists in identifying the center during heavy vehicular traffic. 3. The frontage on MacArthur Boulevard measures approximately 780 feet in width and the central building for the Center is set back almost 400 feet from the street . Considering this context, the pylon sign’s proposed increase of area and width are compatible with the overall massing and bulk of the Center. 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 purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community’s appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs. The sign regulations also encourage the design of signs to be complementary to the buildings and uses to which they relate and are harmonious with their surroundings. 2. The proposed increase in the maximum area and width does not interfere with the purpose and intent of the Zoning Code , as it provides for adequate identification of the site while guarding against the excessive and confusing proliferation of signs. The proposed increase addresses the practical difficulty of reduced visibility for motorists traveling in heavy vehicular traffic on MacArthur Boulevard and to identify the Center location. 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. Zoning Administrator Resolution No. ZA2020-037 Page 7 of 10 01-25-19 Fact in Support of Finding: 1. NBMC Section 20.42.080 (Standards for Specific Types of Permanent Signs) allows pylon signs a maximum width of thirty (30) percent times the height (or 6 feet in this case). Section 20.42.070 (Standards for Permanent Signs) allows a maximum sign area of 1.5 times the tenant frontage or 75 square feet maximum. Due to the design of the building frontage, the increased width and area for the pylon sign is necessary to provide improved identification for the subject property. Sign alternatives would provide inadequate visibility to motorists travelling on MacArthur Boulevard. 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. This approval will allow for an increase in the width and size of the pylon sign, but will not result in a change in intensity or density of the existing commercial use. 2. The proposed pylon sign would be in scale with signs in the surrounding area and will not adversely affect or be detrimental to persons, property, or improvements in the surrounding neighborhood. 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. CS2020-004 and Modification Permit No. MD2020-006, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt from the California Environmental Quality Act pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment . The exceptions identified in Section 15300.2 do not apply. 3. This resolution supersedes Comprehensive Sign Program No. CS2013 -002 and Modification Permit No. MD2013-006 (PA2013-055), which upon vesting of the rights authorized by this approval shall become null and void. However, the vested rights Zoning Administrator Resolution No. ZA2020-037 Page 8 of 10 01-25-19 granted by Comprehensive Sign Program No. CS2013-002 and Modification Permit No. MD2013-006 (PA2013-055), shall continue and are incorporated into this Comprehensive Sign Program as Exhibit “B”. 4. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF APRIL, 2020. Zoning Administrator Resolution No. ZA2020-037 Page 9 of 10 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plans, comprehensive sign program, and sign matrix. 2. Locations of signs are limited to the designated areas and shall comply with the limitations specified in the Sign Matrix. 3. Sign location shall comply with the City’s line of sight requirements per City Standard STD-110-L. 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 approval. 6. A building permit shall be obtained prior to commencement of installation of the pylon sign. 7. 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 NBMC. 8. This 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. 9. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the NBMC. 10. The sign installation shall comply with the California Building Code. 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. 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. Zoning Administrator Resolution No. ZA2020-037 Page 10 of 10 01-25-19 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 NBMC. 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 Bluffs Center Pylon Sign, but not limited to, Comprehensive Sign Program No. CS2020-004 and Modification Permit No. MD2020-006 (PA2020-040). 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.