HomeMy WebLinkAboutZA2012-010 NHNM Sign Program and ModificationRESOLUTION NO. ZA2012 -010
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2011 -006 AND MODIFICATION
PERMIT NO. 2011 -017 FOR THE NEWPORT HARBOR
NAUTICAL MUSEUM LOCATED AT 600 EAST BAY AVENUE
(PA2011 -142)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Dee Kelly and Glenn Baaten, Newport Harbor Nautical
Museum, with respect to property located at 600 East Bay Avenue, and legally described
as a Resubdivision of Lots 1 through 6, Inclusive, and a Portion of Lot 7 in Block B of
Bayside per a Map Recorded in Book 3, Page 38 of Miscellaneous Maps, Records of
Orange County, California, Together with a Portion of Washington Street and a Portion of
Section 35, Township 6 South, Range 10 West, San Bernardino Base and Meridian
requesting approval of a Comprehensive Sign Program and Modification Permit.
2. The applicant requests a Comprehensive Sign Program for an existing, multi- tenant
development located on a roughly 34,000 square -foot lot. The center is developed
with four (4) multi- tenant buildings currently comprised of a total of thirteen commercial
tenants and the museum. All buildings are interconnected by a common courtyard
area.
3. The applicant also requests a Modification Permit to allow four exhibition wall signs
and a freestanding directory kiosk that both exceed the maximum sign area and are
not a sign type permitted by the Zoning Code.
4. The subject property is located within the CV (Commercial Visitor - Serving) Zoning District
and the General Plan Land Use Element category is CV (Visitor Serving Commercial).
5. The subject property is located within the Coastal Zone.
6. A public hearing was held on February 29, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting 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 meeting.
7. At the public hearing the Zoning Administrator determined there was not adequate
information to consider the proposed freestanding directory kiosk in the
Comprehensive Sign Program application. As such, the applicant opted to remove
consideration of the freestanding directory kiosk from the application.
Zoning Administrator Resolution No. ZA2012 -010
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act, pursuant to Section 15311 (Class 11 —
Accessory Structures).
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.
SECTION 3. REQUIRED FINDINGS.
Modification Permit to allow four exhibition wall signs in excess of the sign area allowed by
the Zoning Code.
In accordance with Section 20.52.050.E (Findings and decision) of the Newport Beach
Municipal Code, the following findings and facts in support of the findings for a Modification
Permit are set forth:
Finding
A. 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 CV (Commercial Visitor - Serving) District and is
designated CV (Visitor Serving Commercial) by the Land Use Element of the General
Plan. This district is intended to provide for areas appropriate for accommodations,
goods, and services intended to serve primarily visitors to the City. The existing
commercial development and existing and proposed signage is consistent with this land
use designation. The proposed signage is accessory to the primary use.
2. The property, historically known as the 'Balboa Fun Zone ", is a multi- tenant development
that is a use consistent with the Zoning and General Plan Land Use Designation in that it
is an eclectic mix of visitor - serving commercial within a festive atmosphere. The
signage proposed with the comprehensive sign program and modification permit will add
to the character and charm of the development while improving the visibility and
wayfinding of the site.
3. The larger exhibition wall signs are in scale with the building frontages in that the
maximum permissible size as denoted in the sign program matrix (Exhibit B) is 1.5 times
the linear frontage.
4. The neighborhood includes properties with wall signs, nonconforming roof signs, and
additional tenant signs that provide visibility from the public right -of -way.
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5. The illumination of signage is conditioned to prevent excessive glare spillage onto or
visible from the adjacent right -of -way and any nearby properties
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 museum use is unique in that there could be several different exhibitions held at
the museum within a year and the proposed signs will provide better visibility from on-
site and off -site vantage points.
2. As conditioned, upon redevelopment of the property, this modification permit and
associated comprehensive sign program will be rendered null and void. Consideration
of the proposed entitlements was made in anticipation that the property is to be
redeveloped and that signage should reflect the City and property owners desire a well
maintained environment, but significant investment in new signage is not applicable.
3. The proposed sign type and sign area are necessary due to the expansive
configuration of the property and the numbers of tenants within the development since
several tenants are located interior to the property.
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. The property is developed with four large buildings that are interconnected by an open
patio area. The four buildings have an aggregate total frontage of approximately 500
lineal feet.
2. The modification permit will allow signage that is in scale with the building and that
provides visibility from each of the four frontages.
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.
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Facts in Support of Finding
1. The granting of a modification permit allows the proposed exhibition signs to be
established as an allowed sign type and also provides an appropriate size that will
ensure adequate visibility. No similar provision could be granted within the
parameters of Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code.
2. No foreseeable detriment will result from the approval of the modification permit as
conditioned.
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 with the
provisions of this Zoning Code.
Facts in Support of Finding
1. The existing signage has not proven to be detrimental to public health, safety, or welfare
to the occupants of the property, nearby properties, the neighborhood, or the City.
2. The signage is for commercial uses in a commercial district and is not in or adjacent to
a residential district.
Comprehensive Sign Program
Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign
Program is required whenever a structure has more than three hundred (300) linear feet of
frontage on a public street. In accordance with Section 20.67.120.E, a Comprehensive Sign
Program shall comply with a number of 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: Signs], any adopted sign design guidelines and the overall purpose
and intent of this Section [Section 20.42.120].
Facts in Support of Standard:
1. In compliance with the purpose and intent of the Sign Code, the proposed Sign
Program provides the uses with adequate identification without excessive proliferation
of signage. Furthermore, it preserves community appearance by regulating the type,
number, and design of signage.
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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 site is for use of multiple tenants and the signage has been designed integral with
the design and character of the building.
2. Each tenant will be permitted up to three signs which will ensure adequate visibility is
provided.
3. The proposed exhibition wall signs will allow the museum to effectively advertise
events.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Facts in Support of Standard:
1. The Sign Program submitted for the project addresses all project signage. Temporary
and exempt signs not specifically addressed in the program shall be regulated by the
provisions of Chapter 20.42.
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 project site is for the use of multiple commercial tenants and the Newport Harbor
Nautical Museum and has been designed to be effective for such a use.
2. It is not anticipated that future revisions will be necessary to accommodate constant
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 Chapter 20.42, the Director [or his /her designee] may approve minor
revisions to the Sign Program if the intent of the original approval is not affected.
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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 SUDoort of Standard:
1. The Sign Program requests deviation in the number of signs and location
2. The sign code normally allows one wall sign up to 75 square feet in area on the
primary frontage; however, due to the building's multiple frontages and multiple
tenants, one large wall sign in a single location does not provide adequate visibility.
3. The placement of the proposed signage does not provide the required separation from
other signage; however, the amount of tenants coupled with the multiple frontages
creates a unique situation in which the required separation cannot be accomplished.
Standard:
F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter.
Facts in Support of Standard:
1. The program does not authorize the use of new 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:
1. The program contains no regulations affecting sign message or content.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2011 -006 and Modification Permit No. MD2011 -017, subject to the
conditions set forth in Exhibit A and the parameters denoted in Exhibit B, which are
attached hereto and incorporated by reference.
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2. Comprehensive Sign Program and Modification Permit applications do not become
effective until 14 days following the date of action. Prior to the effective date, the
applicant or any interested party may appeal the decision of the Zoning Administrator to
the Planning Commission by submitting a written appeal application to the Community
Development Director. For additional information on filing an appeal, contact the Planning
Division at 949 - 644 -3200.
APPROVED, AW- ,4DOPTED THIS 29TH DAY OF FEBRUARY, 2012.
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CP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan,
details, and elevations, except if noted in the following conditions.
2. A building permit shall be obtained for all existing, unpermitted signage associated
with the Nautical Museum.
3. Prior to obtaining a building permit, all existing signage shall be brought into
compliance with the Comprehensive Sign Program attached as Exhibit "B ".
4. Upon demolition of the current development, this Comprehensive Sign Program and
Modification Permit shall be rendered nullified and a new Comprehensive Sign
Program shall be obtained for the new development in accordance with the Zoning
Code Provisions in effect at the time the new development is approved.
5. Locations of the signs are limited to the designated areas and shall comply with the
limitations specified in the Sign Program Matrix included in Exhibit "B" and any
applicable sight distance provisions of Chapter 20.42 of the Newport Beach Municipal
Code.
6. All signs must be maintained in accordance with Section 20.42.170 (Maintenance
Requirements) of the Newport Beach Municipal Code.
7. Signs not specifically approved by this Comprehensive Sign Program and Modification
Permit shall be removed, unless approved through separate and subsequent review.
8. This approval was based on the particulars of the individual case and does not, in and
of itself or in combination with other approvals in the vicinity or Citywide, constitute a
precedent for future approvals or decisions.
9. Prior to issuance of building permits, the applicant shall submit to the Planning
Department an additional copy of the approved architectural plans for inclusion in the
Planning file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches bV 17 inches. The plans shall accurately
depict the elements approved by this Staff Approval and shall highlight the approved
elements such that they are readily discernible from other elements of the plans.
10. A building permit shall be obtained prior to commencement of the construction and /or
installation of the signs.
11. A copy of the conditions of approval shall be incorporated into the Building Department
and field sets of plans prior to issuance of the building permits.
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12. 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 Newport Nautical Museum Sign Program including,
but not limited to Comprehensive Sign Program No. CS2011 -006 and Modification
Permit No. MID2011 -017 (PA2011 -202) 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.
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EXHIBIT "B"
69 Eel 21 a : z• ze ] : Ta t •• a ►w_IN r :l ►: V
Frontages: 1) East Bay Avenue
2) Washington Street
3) Palm Street
4) Edgewater Place
(LF = Linear Feet / SF = Square Feet)
Sign Type
Frontages
Size limitations where applicable
A. Exhibition Wall Signs
1) East Bay Avenue
(Non -rigid material)
Number of Signs: One
Sign Area: 1.5 times linear frontage of building (Maximum of 150 SF)
Maximum Letter /Logo Height: 36 inches
2) Washington Street
3) Palm Street or Edgewater Place
4) Edgewater Place
Number of Signs: Three, one per frontage or one on Washington Street and two
on Edgewater Place
Sign Area: 1.5 times linear frontage of building (Maximum of 150 SF)
Maximum Letter /Logo Height: 36 inches
B1. Tenant Wall Signs
1) East Bay Avenue
2) Washington Street
3) Palm Street
4) Edgewater Place
Number of Signs: One sign per street frontage of each tenant space (maximum
three per any one tenant with multiple frontages)
Maximum Sign Area: 25 SF for single tenant or 50 SF for multi- tenant
Maximum Letter /Logo Height: 36 inches
B2. Museum Wall Signs
1) East Bay Avenue
2) Washington Street
3) Palm Street
4) Edgewater Place
Number of Signs: Eight, with no more than three signs per street elevation
Maximum Sign Area: 25 SF
Maximum Letter /Logo Height: 36 inches
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Sign Type
Frontages
Size limitations where applicable
C. Entry Canopy Signs
1) East Bay Avenue
4) Edgewater Place
Number of Signs: One allowed on framework at entry to building complex
Maximum Sign Area: 50 SF
Maximum Letter /Logo Height: 36 inches
D. Directory Signs
1) East Bay Avenue
(Manual, changeable copy
2) Washington Street
permitted)
3) Palm Street
Number of Signs: Two per frontage
Location: Entrance between buildings or on wall plane
Sign Area: 20 SF
Maximum Letter /Logo Height: 6 inches
E. Flags
1) East Bay Avenue
2) Washington Street
3) Palm Street
4) Edgewater Place
Number of Flags: One flag per building corner, not to exceed 11 total
Location: Mounted such that top of flag is no more than two feet above the eave
of the roofline
Sign Area: 20 SF
Maximum Letter /Logo Height: 6 inches
F. Projecting Signs
2) Washington Street
Number of Signs: One
Sign Area: 5 SF
Maximum Letter /Logo Height: 6 inches
3) Palm Street
Number of Signs: Three
Sign Area: 5 SF
Maximum Letter /Logo Height: 6 inches
4) Edgewater Place
Number of Signs: Two
Sign Area: 5 SF
Maximum Letter /Logo Height: 6 inches
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Sign Type
Frontages
Size limitations where applicable
G. Awning Signs
1) East Bay Avenue
(Including Marine Boat
2) Washington Street
Rental structure)
3) Palm Street
4) Edgewater Place
Number of Signs: One sign per frontage of each tenant space (not to be used in
addition to wall signage on same frontage)
Sign Area: 5 SF, limited to center 50% of valance or lower 18 inches of a barrel
awning
Maximum Letter /Logo Height:12 inches
H. Tenant Window Signs
1) East Bay Avenue
2) Washington Street
3) Palm Street
4) Edgewater Place
Number of Signs: One sign per window, not to exceed 20% of window area
Locations: Limited to upper or lower 12 inches of window only
4) Edgewater Place
I. Freestanding Directory
Kiosk Sign
Final location to be determined — subject to Community Development Department
approval and Public Works Department approval (if in public right -of -way)
4) Edgewater Place
J. Roof Sign
(Existing nonconforming)
Existing, nonconforming sign — cannot be replaced or reconstructed without a
variance
NOTES:
If frontage is not listed within a sign -type row, then the sign type is not permitted on that frontage.
Once the existing building has been demolished and a new building is constructed, this
comprehensive sign program shall be deemed void and must be amended.
Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed
logo and sign copy. All signs shall substantially conform to the approved set of plans stamped and
dated February 29, 2012.
Pursuant to 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.
Signs not visible from the public right -of -way shall not be limited in type, area, height, and /or location.
Existing nonconforming signs (such as roof signs like Sign Type J) are subject to 20.42.140.
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A minimum of 8 feet of clearance between the lowest part of a sign /awning and the grade below shall be
provided.
Temporary Banners* are limited to the regulations of Chapter 20.42
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