HomeMy WebLinkAboutPC2020-011 - APPROVING COMPREHENSIVE SIGN PROGRAM NO. CS2019-006 AND MODIFICATION PERMIT NO. MD2020-003 TO ESTABLISH A COMPREHENSIVE SIGN PROGRAM, AND TO DESIGNATE A HERITAGRESOLUTION NO. PC2020-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
COMPREHENSIVE SIGN PROGRAM NO. CS2019-006 AND
MODIFICATION PERMIT NO. MD2020-003 TO ESTABLISH A
COMPREHENSIVE SIGN PROGRAM, AND TO DESIGNATE A
HERITAGE SIGN FOR THE CRAB COOKER RESTAURANT
LOCATED AT 2200 NEWPORT BOULEVARD (PA2019-126)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by James Wasko of The Crab Cooker Restaurant ("Applicant"),
with respect to property located at 2200 Newport Boulevard, and legally described as Lots
15 and 16 of Tract No. 814, in the City of Newport Beach, County of Orange, State of
California, as per Map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in
the Office of the County Recorder of said County ("Property"), requesting approval of a
comprehensive sign program and a modification permit, as well as the designation of a
heritage sign.
2. The Applicant proposes to establish a comprehensive sign program for the reconstructed
"Crab Cooker" restaurant building that would allow for replacement of most of the signage
that was existing prior to its demolition. This proposal requires approval of a modification
permit to allow an increase in maximum cumulative sign area over what is allowed by Title
20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"). The previously
existing rooftop "Don't Look Up Here" fish-shaped sign is proposed to be refurbished,
reinstalled and designated as a heritage sign ("Project").
3. The Property is designated Mixed Use Water Related ("MU-W2") by the General Plan Land
Use Element and is located within the Mixed-Use Water Related ("MU-W2") Zoning
District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water ("MU-W') and it is located within the Mixed-Use Water Related ("MU-
W2") Coastal Zone District under NBMC Title 21 (Local Coastal Program Implementation
Plan). Coastal Development Permit No. CD2017-069 was approved by the Zoning
Administrator on November 16, 2017, and was made effective on December 27, 2017, to
allow for both the reconstruction and continued operation of The Crab Cooker. The
proposed replacement signage is appurtenant to the approved use of the structure and is
an integral part of the Project; therefore, a new coastal development permit is not required.
5. A public hearing was held on April 23, 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 NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The 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.
2. Class 11 allows for the construction or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but
not limited to signs. The Project only includes signage, which is accessory to the
restaurant building that is currently under construction.
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.
Comprehensive Sign Program
In accordance with NBMC Section 20.42.120(E) (Comprehensive Sign Programs -Standards),
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 Project complies with the purpose of NBMC Chapter 20.42 (Sign Standards) because
it provides the Applicant with the opportunity to re-establish and preserve The Crab
Cooker's previously existing character. It further encourages retaining the design of
signage that is complementary to the longstanding use of the Property.
2. The Project provides a mechanism for regulating the type, size, location, quantity, and
illumination of signs. A condition of approval limiting illumination has been included in this
sign program. Additionally, a condition of approval requiring subsequent approval of a
building permit prior to the installation of any signs has been included to ensure signs are
installed per the approved plans.
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3. All signage is designed to effectively identify the use by using legible text that contrasts
with the background it is placed upon. This is consistent with the adopted Citywide Sign
Design Guidelines.
4. The size and location of signs have been selected to mirror the previously existing
signage. They are intended to replicate the look of the previously existing structure,
which was involuntarily damaged beyond simple repair.
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 Property is currently being developed with a two-story restaurant building. All signs
relate visually to each other by keeping a single unified theme while retaining the former
look and branding.
2. The surrounding development along Newport Boulevard and Balboa Boulevard is
predominantly commercial uses within multi-tenant buildings. The surrounding signage
is eclectic and includes the use of wall, roof, pylon, window, awning and monument
signs. The Project will not appear out of place and is harmonious with surrounding
development and signage.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Fact in Support of Standard
1. The Project addresses all Project signage. Temporary and exempt signs not specifically
addressed in the Comprehensive Sign Program shall be regulated by the provisions of
NBMC Chapter 20.42.
Standard:
D. The sign program shall accommodate future revisions that may be required because of
changes in use or tenants.
Fact in Support of Standard:
1. While the Project has been designed to replicate the signage that was previously
existing on the demolished building, it includes enough flexibility to be effective for future
changes in use or tenant. Should any minor changes be necessary, the Community
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Development Director may approve minor revisions if the intent of the original approval
is not affected.
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 Project allows for deviations with regard to the number of signs for a single-tenant
building. The total number of signs is reasonable in order to preserve previously existing
tenant identification while integrating all new signage, as a unified statement for the
restaurant.
2. Allowing the deviation from the requirement that wall signs be located in the middle 50
percent of a frontage complements the architecture of the building, promotes a visually
appealing pattern for sign placement, and increases the visibility of signage to users
traveling along Newport Boulevard.
3. Allowing the deviation that signs located on adjacent walls of the same building must be
separated by a distance of 30 feet is appropriate given the length of the primary and
secondary frontages of the Property. The signs will be visible to both pedestrian users
and motorists on Newport Boulevard. The signage on the 22 nd Street frontage would be
especially difficult to see if it maintained the required separation; thus, making
identification of the building more difficult.
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 Project includes the designation of a previously existing rooftop sign, as a heritage
sign. All Facts in Support of Criteria M and N below are hereby incorporated by
reference.
2. The Comprehensive Sign Program does not authorize new prohibited signs.
Standard:
G. Review and approval of a Comprehensive Sign Program shall not consider the signs'
proposed message content.
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Fact in Support of Standard:
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1. The Project contains no regulations affecting sign message content.
Modification Permit
In accordance with NBMC Section 20.52.050(E) (Modification Permits -Required Findings),
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 Property is located in the heart of the Balboa Peninsula at the corner of 22 nd Street
and Newport Boulevard. One-and two-story nonresidential buildings that have a wide
variety of sign types surround the Project. The heart of the historic Mc Fadden Square
entertainment hub is across Newport Boulevard to the west.
2. The Project would allow replacement of previously existing signage, which was integral
to the character and charm of The Crab Cooker. Given the previous building and signage
had been in place for over 50 years, implementation of the Project will result in a new
structure that retains the same look and does not appear out of character with the
surrounding area.
3. The proposed signage would maintain the same character and remain compatible with
surrounding signage, but will be more conforming to the current standards for signage
as it will be in good repair with improved energy efficiency.
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 replacement signage is necessary to maintain and promote the historic
character of the Property. It will further continue to identify the traditional use of the
tenant space as a restaurant.
2. The building is constructed from property line to property line with approximately 150
feet of overall frontage. Not allowing an increased amount of sign area would detract
from its visual interest and would further hinder re-establishment of restaurant's iconic
look.
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Finding:
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J. The granting of the modification is necessary due to the 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 NBMC Chapter 20.42 (Sign Standards) includes protection
and enhancement of the City's unique character and aesthetic standards, promoting
tourism through enhanced aesthetic appeal, and preseNation and enhancement of the
community's appearance. Additionally, sign standards provide each user an opportunity
for adequate identification while guarding against excessive signs. Strict application of
the Zoning Code would prohibit the replacement of character-defining features at a
prominent corner building on the Balboa Peninsula. While conforming signs are possible
through strict application of the sign standards, said application would not allow
replacement of the previously existing signage for the restaurant.
2. Signage helps create a sense of identity for an area. Not allowing the Project may result
in a loss of character, which is not in accordance with the spirit and intent of NBMC
Chapter 20.42.
3. All signage that was previously existing on the demolished structure was installed prior
to the adoption of sign standards in the NBMC and was, therefore, mostly
nonconforming. Involuntary damage occurred to the structure requiring unanticipated
reconstruction. The Applicant intends to recreate the look and feel of the former
structure. Strict application of NBMC Chapter 20.42 would hamper this effort by
eliminating several signs that were integral to the overall branding.
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; and
Facts in Support of Finding:
1. Limiting the replacement of the signage on the building, which was involuntarily
damaged, would not capture the character of the restaurant, which is an iconic
establishment for residents and visitors alike.
2. All Facts in Support of Findings I and J are hereby incorporated by reference.
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
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in a change in density or intensity that would be inconsistent with the provisions of the
Zoning Code.
Facts in Support of Finding:
1. The previously existing nonconforming signage was in place for over 50 years and had
not proven detrimental.
2. The size of the signage is within scale of the signs in the surrounding area and will not
adversely affect or be detrimental to persons, property, or improvements in the
surrounding neighborhood.
3. Project approval will not result in a change in intensity or density of the existing
restaurant.
4. The new signage will be designed and fabricated of new, rust-resistant materials and
affixed to fa9ade of the building in accordance with the Building Code.
Heritage Sign Designation
In accordance with NBMC Section 20.42.1 S0(C) (Heritage Sign Criteria), the following criteria
and facts in support of such criteria are set forth:
Criterion:
M. The sign was erected or created at least thirty-five (35) years ago and is either
representative of a significant sign-making technique or style of a historic era or represents
entities or establishments that are an important part of Newport Beach history;
Facts in Support of Criterion:
1. Based on evidence presented by the Applicant, the fish-shaped "Don't Look Up Here"
sign was erected over 50 years ago. It represents an iconic, longstanding restaurant that
has been integral to the fabric of the Mc Fadden Square area as an entertainment hub.
2. Using a sign shape that relates to the type of business upon which the sign is placed,
such as a fish for a fish market and seafood restaurant, is representative of a more
historic and nostalgic sign-making technique that is less frequently used today.
Criterion:
N. The sign is visually significant in at least two of the following regards:
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1. The sign possesses a uniqueness and charm because it has aged gracefully;
2. The sign remains a classic example of craftsmanship or style of the period when it
was constructed and uses materials in an exemplary way;
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3. The sign complements its architectural surroundings or is particularly well integrated
into the structure; or
4. The sign is an inventive representation of the use, name, or logo of the building or
business.
Facts in Support of Criterion:
1. The sign is in the shape of a fish, which uniquely identifies the restaurant, and serves
as a visual landmark for its patrons.
2. The Applicant carefully removed and preserved the sign during the demolition and
reconstruction on the Property. It will be refurbished, but not refabricated, such that its
original charm is maintained.
3. The fish-shaped sign will remain as an inventive representation of the use as a fish
market and seafood restaurant, which has served residents and visitors for over 50
years.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act 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. The exceptions to this categorical exemption under
Section 15300.2 are not applicable.
2. The Planning Commission of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2019-006 and Modification Permit No. MD2020-003, and designates
the fish-shaped "Don't Look Up Here" sign as a heritage sign, subject to the conditions set
forth in Exhibit "A," which is attached hereto and incorporated by reference.
3. 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.
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PASSED, APPROVED, AND ADOPTED THIS 2JRD DAY OF APRIL, 2020.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey , Rosene, and Weigand.
NOES :
ABSTAIN :
ABSENT:
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. All proposed signs shall be in substantial conformance with the approved plans and
provisions of NBMC Chapter 20.42, unless otherwise indicated in the following
conditions.
2. The fish-shaped "Don't Look Up Here" sign shall be maintained in accordance with
NBMC Section 20.42.180 (Heritage Signs) and shall not be removed for any reason
once installed. If it is removed, then the heritage sign designation shall be revoked.
3. Anything not specifically approved by this Comprehensive Sign Program is subject to
subsequent review and approval by the Planning Division.
4. A building permit shall be obtained prior to commencement of installation of the signs.
5. A copy of this Resolution, including Exhibit "A" shall be incorporated into the plan check
sets of plans prior to issuance of building or sign permits.
6. Illuminated signs shall be regulated in accordance with the provisions of NBMC Section
20.42.060(H). 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.
7. Prior to final of the building permit, the Applicant shall schedule a nighttime lighting
inspection with the City's Code Enforcement Division.
8. The maximum letter and/or logo height shall be 36 inches.
9. There shall be no exposed electrical raceways as they should be integrated into the
design of the sign to the greatest degree possible.
10. Signs shall be maintained in a clean and orderly condition.
11. The Community Development Director may approve revisions to the Comprehensive
Sign Program if the intent of the original approval is not affected. Revisions that would
substantially deviate from the original approval shall require approval of a new/revised
comprehensive sign program.
12. Any future revisions or changes to the signs approved by this Comprehensive Sign
Program due to a change in the use or tenants 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.
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13. The Planning Commission may add to or modify conditions of this approval, or revoke
this approval upon a determination that any sign that is authorized by this approval has
been altered beyond the parameters of the authorization and therefore beyond the
justification.
14. 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 NBMC Title 20 Planning and Zoning.
15. 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 Crab Cooker Sign Signage and
Encroachments including, but not limited to, Comprehensive Sign Program No. CS2019-
006 and Modification Permit No. MD2020-003 (PA2019-126). 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.
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