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HomeMy WebLinkAboutZA2012-015 Coast Business Center Sign ProgramRESOLUTION NO. ZA2012 -015 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2012 -004 AND AN AMENDMENT TO COMPREHENSIVE SIGN PROGRAM NO. CS2007 -002 FOR THE COAST BUSINESS CENTER BUILDING LOCATED AT 2121 EAST COAST HIGHWAY (PA2012 -010) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was fled by Coast Business Center, with respect to the property located at 2121 East Coast Highway, requesting approval of a Modification Permit to amend an existing Comprehensive Sign Program. 2. The applicant requests a Modification Permit to amend an existing Comprehensive Sign Program to allow the addition of two wall signs on the southeast (Avocado Avenue) elevation of the Coast Business Center building. The signs will be located on the first and second floors on one of the 20 -foot long fascias of the building and will have a maximum sign area of 30 square feet each. The building is occupied by multiple office use tenants. The existing sign program permitted the installation of multiple wall signs on the first and second floor fascias facing East Coast Highway and Avocado Avenue and allowed for the retention of the freestanding monument sign located on the East Coast Highway side of the property. 3. The subject property is located within the OG (Office General) Zoning District and the General Plan Land Use Element category is CO -G (General Commercial Office). 4. The subject property is located within the Coastal Zone. 5. A public hearing was held on March 28, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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. Zoning Administrator Resolution No. ZA2012 -015 Page 2 of 9 SECTION 3. REQUIRED FINDINGS. Modification Permit 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 within the OG (Office General) Zoning District and the General Plan Land Use Element category is CO -G (General Commercial Office). This district is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. 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 is developed with a two -story multi- tenant building that has multiple wall signs on the first and second floor fascias facing East Coast Highway and Avocado Avenue. The proposed signage will add signage on one more of the 20 -foot fascia elements facing Avocado Avenue. This signage will be compatible with the existing signage while improving the visibility and way finding of uses within the building. 3. The applicant requested the Modification Permit to allow greater flexibility for the sign area of the combination of wall signs on the building. Though the total sign area of these signs exceeds the maximum sign area permissible for any one elevation, the signs are in scale with the buildings /elevations on which they are located and allow for adequate identification of individual tenants within the multi- tenant commercial building. 4. The neighborhood includes properties with wall signs and additional tenant signs that provide visibility from the public right -of -way. 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 charactenstic(s) of the property and /or structure, and /or characteristics of the use. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 3 of 9 Facts in Support of Finding 1. The property is developed with a two -story multi- tenant commercial building with several different fascia elements. Comprehensive Sign Program No. CS2007 -002 allowed for wall signs on the first and second floor fascias facing East Coast Highway and Avocado Avenue so that individual tenants within the building could utilize wall signage. The placement of the proposed signage would create a symmetry that does not exist with the current sign program. In addition, the additional signage will enhance the overall development of the site and provide adequate visibility and identification of the site and the mix of individual tenants within the building. 2. The proposed sign types and sign area are necessary due to the size and design of the building and the numbers of tenants within the development. 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 sign code allows one wall sign up to 1.5 times the linear frontage or 75 square feet maximum in sign area on the primary frontage and 50% of the primary for any secondary frontages. However, due to the design of the building and the mix of uses, one wall sign of this size does not provide adequate signage to identify individual tenants within the building. 2. Strict application of the Zoning Code limits the sign area of the combined signs on the building. The design and layout of the building as well as its multiple office use requires additional signage to ensure efficient way finding and to identify individual tenants within the building. The modification permit will allow signage that is in scale with the buildings and that provides adequate visibility from each of the frontages and the right -of -ways. 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. Facts in Support of Finding 1. The granting of a modification permit allows the additional signage and sign area necessary to ensure adequate visibility and identification of individual tenants within the building. No similar provision could be granted within the parameters of Section 20.42.120 (Comprehensive Sign Program) of the Zoning Code. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 4 of 9 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 on the building 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. The proposed signage is expected to enhance the overall development of the site by providing more tenants within the building signage; thereby providing better way finding and /or attracting new tenants to revitalize the area. 2. The signage is for commercial uses in a commercial area. 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 site and the uses within adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, and size of signage. 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 5 of 9 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. The proposed signage will enhance the overall development of the site. It will add symmetry to the building and provide adequate identification of individual tenants within the building. 3. The signs are appropriately scaled to the buildings and are integrated with the design and scale of the existing architecture. 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 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 Community Development Director [or his /her designee] may approve minor revisions to the 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 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 6 of 9 Facts in Support of Standard: 1. The Sign Program requests deviation in area, number, and location of signs. 2. The sign code allows one wall sign up to 1.5 times the linear frontage or 75 square feet maximum in sign area on the primary frontage and 50% of the primary for any secondary frontages. However, due to the configuration of the building and the mix of uses, one wall sign of this size does not provide adequate signage to identify individual tenants within the building. 3. The signs are designed to be complementary to the buildings and the uses to which they relate and are harmonious with their surroundings. 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 Modification Permit No. MD2012 -004 and an amendment to Comprehensive Sign Program No. CS2007 -002, subject to the conditions set forth in Exhibit A and the parameters denoted in Exhibit B, which are attached hereto and incorporated by reference. 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 parry 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 7 of 9 PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF MARCH, 2012. Zoning Administrator Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 8 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL 1. This approval supersedes Comprehensive Sign Program No. CS2007 -002 (PA2007- 084). 2. The development shall be in substantial conformance with the approved site plan, details, and elevations, except if noted in the following conditions. 3. 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 ". 4. All signs must be maintained in accordance with Section 20.42.170 (Maintenance Requirements) of the Newport Beach Municipal Code. 5. 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 by 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. 6. A building permit shall be obtained prior to commencement of the construction and /or installation of the signs. 7. 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. 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, 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 Coast Business Center Sign Program including, but not limited to Modification Permit No. MD2012 -004 and Comprehensive Sign Program No. CS2007 -002 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -015 Page 9 of 9 EXHIBIT "B" SIGN PROGRAM MATRIX SIGN TYPE AND FRONTAGE DESIGNATION LOCATION SIGN LIMITATIONS /RESTRICTIONS Wall Signs East Coast Highway Major Tenants — 50 ft fascia frontage element Primary Location Maximum Area of 70 sq ft. Al and A2; Maximum vertical dimension, sign or logos, 2 feet- 9 1/2 inches in height. Minimum distance shall be 20 linear feet from the nearest sign on the adjoining fascia. Only major tenants may have a maximum of two signs, one each in the A or B elevation /location. Wall Signs East Coast Highway Major Tenants — 80 ft fascia frontage element Secondary Location Maximum Area of 50 so ft. 131 and B2 Maximum vertical dimension, sign or logos, 2 feet- 9 1/2 inches in height. Minimum distance shall be 20 linear feet from the nearest sign on the adjoining fascia. Only major tenants may have a maximum of two signs, one each in the A or B elevation /location. Wall Signs East Coast Highway Minor Tenants — 20 ft fascia frontage element C1, C2, D1 and D2 Maximum Area of 30 sq ft. Maximum vertical dimension, sign or logos, 2 feet- 9 1/2 inches in height. Minimum distance shall be 20 linear feet from the nearest sign on the adjoining fascia. Maximum of one sign for each minor tenant. Wall Signs Avocado Avenue Minor Tenants — 20 ft fascia frontage element E1, E2, F1 *, and F2* 1.5 square feet/linear foot of fascia frontage or max area of 30 sq ft. Maximum vertical dimension, sign or logos, 2 feet- 9 1/2 inches in height. Minimum distance shall be 20 linear feet from the nearest sign on the adjoining fascia. Maximum of one sign for each minor tenant. Monument Sign East Coast Highway Project Existing 4 -foot 6 -inch tall by 23 -feet 6- inches long Identification and Internally or externally illuminated. Tenant Directory Opaque background per sign panel with letters illuminated or halo - illuminated only. Illuminated panel blanks ace background is prohibited. All window and All building elevations other exempt signs Removal of all signs (including window signs) in excess of the total allowance as in accordance with necessary. Chapter 20.67 NOTE: All proposed signs shall also be in conformance with the approved plans, Comprehensive Sign Program No. CS2007 -002 and Modification Permit No. MD2012 -001, approved March 28, 2012, and provisions of Chapter 20.42 of the Newport Beach Municipal Code, unless otherwise indicated. *Signs denoted with an asterisk were added with approval of the Modification Permit. Tmplt: 03/08/11