HomeMy WebLinkAboutPA2022-019_20220224_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
February 24, 2022
Reference No. PA2022-019
Attn: Tiffany Golson
1300 S. Meridian Ave., Suite 400
Oklahoma City, OK 73108
RE: 1101-1111 Bayside Drive, Newport Beach, CA 92625
050-391-12
Dear Ms. Golson:
The above referenced properties are currently located within the Commercial
Recreational and Marine Zone (CM) and designated as Recreational and Marine
Commercial (CM) within the Land Use Element of the General Plan. The
properties are not located within a Planned Unit Development or an overlay district.
For the abutting properties to the north, the Zoning District is Single Unit
Residential (R-1) and the General Plan land use designation is Single-Unit
Residential Detached (RS-D). For the abutting properties to the south across the
water, the Zoning District is Two Unit Residential Balboa Island (R-BI) and the
General Plan land use designation is Two-Unit Residential Detached (RS-D). For
the abutting properties to the west, the Zoning District is Private Institutions (PI)
and the General Plan land use designation is Private Institutions (PI). For the
abutting properties to the east, the Zoning District is Multi-Unit Residential (RM)
and the General Plan land use designation is Multiple-Unit Residential (RM).
At the time the building permits were finaled, the building and parking requirements
were in substantial conformance with the development standards of the City of
Newport Beach Municipal Code. If the subject property does not comply with the
current regulations, it is considered to be nonconforming and is subject to Chapter
20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal
Code.
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Research of the permit and entitlement history of the property verifies that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for development of the property. With the exception of the discretionary
approvals for signs, copies of those approvals are attached. Please contact the
Planning Division for further details on any discretionary application:
• Use Permit No. UP0094 - Originally approved on May 21, 1953 for the
operation of a marine gas dock for boats.
• Use Permit No. UP1840 - Originally approved on November 14, 1977 for
proposed commercial office building to exceed the height limitation.
• Use Permit No. UP2015-036 - Originally approved on September 17, 2015
for drug and alcohol rehabilitation school.
• Comprehensive Sign Program No. CS2019-003 – Originally approved on
July 17, 2017.
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at 949-644-3227, ccrager@newportbeachca.gov.
Sincerely,
Enclosures:
Aerial Map
UP0094
UP1840
UP2015-036
CS2019-003
Feet
Imagery:2009-2013 photos provided by Eagle
Imaging www.eagleaerial.com
Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
11/24/2015
0 200100
Newport
Beach
GIS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Application No.Bayside Park Comprehensive Sign Program No. CS2019-003
(PA2019-094)
Applicant Bryan Tetzlaf
Site Address 1101-1111 Bayside Drive
Legal Description Parcel 1 of Resubdivision No. 706
On July 17, 2019, the Zoning Administrator approved Comprehensive Sign Program No.
CS2019-003, for a multi-building, multi-tenant medical and general professional office site
located at 1101 and 1111 Bayside Drive. The site also includes a shared surface parking lot
utilized by the marina located adjacent to the site on the bay. The Comprehensive Sign
Program provides for the renovation of the signage for the entire office site proposed with
the cosmetic renovations of the existing buildings. The approval is in accordance to the
provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code
(NBMC).
The property is located within the Commercial Recreational and Marine (CM) Zoning
District. The General Plan Land Use Element category is Recreational and Marine
Commercial (CM). The property is also within the Coastal Zone and has a designated
Coastal Land Use of Recreational and Marine Commercial (CM-B) and a designated
Coastal Zoning District of Commercial Recreational Marine (CM).
Title 21 Local Coastal Program Implementation Plan only regulates the freestanding
signs. The proposed renovation of the existing monument sign and the proposed two
additional monument signs are exempt from the requirement of a coastal development
permit pursuant to NBMC Section 21.52.035 C.2., because they are minor accessory
structures that do not involve a risk of adverse environmental effect, do not adversely
affect public access, or involve an intensification in use of the site. This approval is based
on the following findings and standards and subject to the following conditions.
A comprehensive sign program is required for this site because it contains two general office
buildings with multiple professional office tenants including California Recreation Company
(CRC) Marina parking and to allow the following deviations from the Zoning Code:
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 2
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1. Allow three monument signs along the Bayside Drive frontage for site identification,
directional parking and site information; and
2. Allow an increase in the maximum wall sign area for the secondary frontage signs.
FINDINGS AND STANDARDS FOR APPROVED SIGNS
Finding
A. The project is exempt from environmental review under the requirements of the
California Environmental Quality Act pursuant to Section 15311, Class 11 (Accessory
Structures).
Fact in Support of Finding:
1. Class 11 exempts minor structures accessory to existing commercial facilities,
including signs. The proposed signs are incidental and accessory to the principal
commercial use of the property and do not intensify or alter the use.
Standard
B. 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. A comprehensive sign program is required whenever there are three or more
separate tenant spaces on the same lot, and in this case, new signage for major
tenants is proposed on two buildings on one developed office site in addition to
multiple monument signs. As proposed, the secondary frontage wall signs will be
slightly increased in size based in part to the width of the tenant frontage. Major
tenants will be identified with a total of three wall signs on each building. The location
and the number of wall signs are consistent with Zoning Code regulations. The street
frontage along Bayside Drive is approximately 280 feet and provides the only access
driveway to the site forthe two office buildings and CRC Marina parking. The frontage
on Marine Avenue is located directly before the bridge over the bay to enter Balboa
Island. There is parking below each of the buildings as well as a shared surface
parking lot towards the bayfront that is utilized for CRC Marina parking. As proposed,
the additional freestanding monument signs are necessary to identify the site, to
identify the access and to provide directional information for vehicles.
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 3
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2. The Comprehensive Sign Program complies with the purpose and intent of
Newport Beach Municipal Code Chapter 20.42 (Sign Standards). The increased
area of the secondary wall signs provides necessary identification for motorists
travelling in both directions on Bayside Drive.
3. The purpose of a comprehensive sign program is to integrate all of a project’s
signs. It provides a means for the flexible application of sign regulations for projects
that require multiple signs. The fonts, colors, and materials of both the wall and
ground signs will complement the architecture and colors of the office site. The
proposed signage provides incentive and latitude in the design and display of
signs.
4. Approval of this Comprehensive Sign Program includes deviations to the number
of freestanding signs and the size of some of the wall signs. It allows the flexible
application of the sign regulations to achieve a unified design theme that meets
the purpose and intent of the Zoning Code.
Standard
C. 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 site is for use by multiple professional office tenants including the Marina
services and the signage design has been integral with the design and character
of the building.
2. Each major tenant will be permitted signage that will ensure adequate visibility is
provided on-site and from Bayside Drive and Marine Avenue, to the greatest extent
possible.
3. The tenants will be permitted signage pursuant to the submitted Bayside Park Sign
Program Matrix to allow major tenants in the multi-tenant building to have signage,
and to allow adequate site identification, directional and parking information
signage. The size and location of the letters and logos of the signs will ensure that
adequate visibility is provided, and not be abrupt in scale with the individual tenant
frontage.
4. Jamboree Road and the intersection of Jamboree Road, Bayside Drive and Marine
Avenue are designated as Coastal View Roads in the Local Coastal Program with
views afforded from these roads to the bay. The existing corner of the site at the
intersection of Bayside Drive and Marine Avenue is improved with a 3-foot hedge
and an existing monument sign with 4-foot tall solid pilasters. The existing
monument sign is proposed to be modified by removing the existing pilasters and
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
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adding open channel letters on top of the existing 2-foot, 6-inch wall that extend to
a maximum height of 4 feet from the existing grade. The removal of the pilasters
and the open design of the channel letters promotes additional visibility and does
not inhibit views from the Coastal View Roads. The proposed new directional
monument sign is easterly of the existing monument sign and will have a maximum
height of less than 3.5 feet and a maximum size of 13.8 square feet. Therefore,
this new monument sign will not impact the view corridor from the Coastal View
Roads. The third monument sign is the replacement of the existing monument sign
located at the driveway entrance off of Bayside Drive and in front of the existing
1111 Bayside Drive building. This monument sign will comply with sight distance
requirements from the driveway, with a maximum height of 3.5 feet.
Standard
D. The sign program shall address all signs, including permanent, temporary, and
exempt signs.
Fact in Support of Standard
1. The 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 Newport Beach Municipal Code Chapter 20.42 (Sign Standards).
Standard
E. 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 project site is for the use of multiple professional office tenants in Bayside Park
and has been designed to be effective for such uses. Bayside Park desires a clean
design with major tenant identification and a focus on the site identification instead
of all individual tenants.
2. It is not anticipated that future revisions to the program will be necessary to
accommodate normal changes in tenants or uses. However, flexibility has been
incorporated into the Sign Program Matrix to allow minor deviations from the
proposed signs.
3. Consistent with NBMC Chapter 20.42, the Director may approve minor revisions
to the Sign Program if the intent of the original approval is not affected.
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 5
Tmplt: 10/02/15
Standard
F. 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 requests deviation in the size of the secondary
frontage signs and an increase in the number of freestanding signs which will
enhance the identification and visibility of the office site from Bayside Drive and
Marine Avenue.
2. The sign provisions of the Zoning Code allow secondary frontage signs a
maximum area of 50 percent of the allowed primary frontage signs. The subject
buildings are permitted a maximum 75 square feet for each primary frontage wall
signs with a maximum 37.5 square feet for the secondary frontage wall signs. Per
the Zoning Code, a comprehensive sign program allows for an increase in sign
area up to 30 percent (48.75 square feet maximum for the secondary frontage wall
signs). The Comprehensive Sign Program proposes a maximum of 60 square feet
for the primary wall signs and 39 square feet for the secondary frontage wall signs.
3. NBMC Section 21.30.065 regulates freestanding signs within the coastal zone.
The proposed monument signs comply with the height and area limitations of
Section 21.30.065 and the additional signs are permitted with the approval of a
comprehensive sign program.
4. The unique configuration of the office site with the two buildings, two street
frontages and a large shared parking lot along the bayfront requires the additional
freestanding signs to identify the site as well as provide directional and parking
information.
Standard
G. 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.
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 6
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Standard
H.Review and approval of a Comprehensive Sign Program shall not consider the signs’
proposed message content.
Fact in Support of Standard
1. The Comprehensive Sign Program contains no regulations affecting sign message
content.
CONDITIONS
1. The development shall be in substantial conformance with the approved site plan,
details, and elevations, except as noted in the following conditions.
2. Upon demolition or substantial structural and nonstructural changes to the exterior
of the development on which this approval is based, this Comprehensive Sign
Program shall be rendered nullified and a new Comprehensive Sign Program shall
be obtained for the new or altered development in accordance with the Zoning
Code provisions in effect at the time the new development is approved.
3. All signs shall be maintained in accordance with Section 20.42.170 (Maintenance
Requirements) of the Newport Beach Municipal Code. Temporary and exempt
signs not specifically addressed in the program shall be regulated by the provisions
of Chapter 20.42 of the Newport Beach Municipal Code.
4. Locations of the signs are limited to the designated areas and shall comply with
the limitations specified in the Sign Program Matrix included in Attachment No. ZA
2 and any applicable sight distance provisions of Chapter 20.42 of the Newport
Beach Municipal Code or required by the Public Works Department (City Standard
110-L).
5. In accordance with Municipal Code Section 20.42.120.F of the Zoning Code, the
Community Development Director may approve minor revisions to the Sign
Program if the intent of the original approval is not affected. This may include
deviations on the tenant configurations, such as combining or dividing suites.
6. The fire lane sign shall meet Newport Beach Fire Department Guideline C.02. Prior
to the issuance of building permits, the Fire Department shall review and approve
signage.
7. A building permit shall be obtained prior to commencement of the construction
and/or installation of the signs.
8. 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,
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
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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 Bayside
Park Comprehensive Sign Program including, but not limited to
Comprehensive Sign Program No. CS2019-003 (PA2019-094)and the
determination that the project is exempt under the requirements of the California
Environmental Quality Act. 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.
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
On behalf of Rosalinh Ung, Zoning Administrator
By:
JM/msw
Attachments:ZA 1 Vicinity Map
ZA 2 Comprehensive Sign Program Matrix
ZA 3Project Plans
PA2019-094