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HomeMy WebLinkAboutZA2012-016 Dove Street ModificationRESOLUTION NO. ZA 2012 -016 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING MODIFICATION PERMIT NO. MD2012 -003 TO AMEND THE COMPREHENSIVE SIGN PROGRAM TO ALLOW BUILDING #18 TO CONSTRUCT THREE WALL SIGNS LOCATED AT 1801 DOVE STREET (PA2012 -007) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Blake Signs, with respect to property located at 1801 Dove Street, and legally described as Parcel No. 14 of Page 1, Parcel Map Book 364, requesting approval of a modification permit. 2. The applicant proposes a modification permit to amend the existing comprehensive sign program (MD2008 -030) for the Hangars business complex to allow Building #18 to have three (3) new wall signs that will exceed the permitted letter /logo height and maximum square footage. 3. The subject property is located within the Professional & Business Office Site 9 of the Newport Place Planned Community and the General Plan Land Use Element category is General Commercial Office (CO -G). 4. The subject property is not located in 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. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15311 of the California Environmental Quality Act under Class 11 (Accessory Structures) of the Implementing Guidelines of the California Environmental Quality Act. 2. Class 11 includes construction or replacement of minor structures such as on- premise signs accessory to (appurtenant to) existing professional and commercial facilities. The proposed wall signs are incidental and accessory to the principal use of the property and does not intensify or alter the use. Zoning Administrator Resolution No. ZA2012 -016 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. Modification Permit In accordance with Section 20.52.050 E. (Required Findings, Modification Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the finding for a Modification Permit are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Fact in Support of Finding 1. The subject property is located within the Professional & Business Office Site 9 of the Newport Place Planned Community and the General Plan Land Use Element category is CO -G (General Commercial Office). Professional & Business Office Site 9 is intended to provide administrative, professional, and medical offices with limited accessory retail and service uses. The existing professional and business office complex is consistent with this land use designation. The proposed signage is accessory to the primary use. 2. The proposed walls signs are designed to be proportional to the dimensions of the building elevations and are compatible in size and design with other wall signs on the commercial- designated neighboring properties and in the surrounding commercial area. 3. The proposed wall signs do not constitute or contribute to a significant proliferation of signs which would be inconsistent with the neighborhood character. 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. Fact in Support of Findinq 1. The granting of the modification is necessary due to the physical improvements made to the building elevations. The applicant is requesting slighter larger signage on the east, north and south elevations in order for the new signage to be proportional with the newly renovated building. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -016 Page 3 of 6 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. Fact in Support of Finding 1. The granting of a modification is necessary in this case to allow larger and more visible signage on the east, north and south elevations. The comprehensive sign program was originally created to provide signage for the light industrial uses located within the entire complex. As the complex is slowly evolving into a more business -like environment with corporate offices and professional uses as permitted by the Newport Place Planned Community, wall sign allowance for these tenants is no longer adequate. The larger wall signs will provide greater convenience to patrons and motorists in locating the subject property. Finding D. There are no altematives 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. Fact in Support of Finding 1. An alternative to the modification permit would require an amendment to the Newport Place Planned Community Development Plan. However, the proposed wall signs are consistent with the intent of the Planning Community and Zoning Code, which is to promote the commercial development of the site by providing adequate wall signage for building identification purposes and improving way- finding to this location. 2. The proposed wall signs are a logical design solution to identify main business tenants occupying the subject property. The wall signs will be in scale with the existing development, complement its surroundings and will not be detrimental to the surrounding neighborhood or to the general public. 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. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -016 Page 4 of 6 Fact in Support of Finding 1. The wall signs will be constructed on private property and will neither change the density or intensity of the existing commercial use nor affect the flow of light or air to adjoining properties. 2. The wall signs are not excessive in height, area, or length and they will not significantly diminish the individual building elevations to which they will be located on. The wall signs are adequately designed to promote public convenience by making the building identification more visible to motorists driving on Dove Street and within the Newport Commerce complex. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2012 -003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. Comprehensive sign program (MD2008 -030) for the Hangars shall be amended as provided in Exhibit "B ", with all other provisions of the existing sign program remaining unchanged and in full force and effect. 3. 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. PASSED, APPROVED AND AD PTED THIS 28TH DAY OF MARCH, 2012. IAlq , , Zoning Administrator TmpIC 03/08/11 Zoning Administrator Resolution No. ZA2012 -016 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The number, size and location of the wall signs shall comply with the limitations specified in the Sign Program Matrix included in Exhibit "B ". 2. The building address sign shall not exceed eight (8) inches in height. 3. 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 Modification Permit 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 Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 4. A building permit shall be obtained prior to commencement of the construction and /or installation of the signs. 5. A copy of this approved resolution shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 6. 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 Dove Street Sign including, but not limited to, Modification Permit No. MD2012 -003 (PA2012 -007). 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 -016 Page 6 of 6 1 W14: 11 __1 111i1-3t1 Table Matrix COMPREHENSIVE SIGN PROGRAM (MD2008 -030) PA2008 -110 1800 — 1900 Quail Street 3900 — 4120 Birch Street 3901 —4121 Westerly Place 1801 -1901 Dove Street Newport Beach, CA 92660 TABLE 1: Includes Frontage Designation and Size Limitations SIGN TYPE DESIGNATION 0 Wall Sign 0 Directional Sign C Tenant Identification Sign at Entry SIGN LOCATION AND LIMITATIONS BUILDINGS 1 THRU 17 Maximum Letter or Logo Height: 24- inches Maximum Area: 12 -sq. ft. Maximum of two signs per building elevation. BUILDING 18 One wall sign per each elevation (East, North and South) East Elevation: Maximum letter or logo height: 38 inches and maximum sign area: 38 sq.ft. • North and South Elevations: Maximum letter or logo height: 24 inches and maximum sign area: 15 sq. ft. for each building elevation VARIOUS LOCATIONS TO INCLUDE ENTRANCES FROM STREET Maximum Height: 3 -ft Maximum Width: 4 -ft One single or double -sided sign per driveway entrance from public street, interior project directional signs may be permitted, subject to review and approval by the Planning Division and Public Works Department. BUILDINGS 1 THRU 18 MAXIMUM: Vertical Dimension - 12 inches, Area - 3 square feet Letter Height - 6 inches. Logo Height - 10 inches Number - One per tenant only, located at or near the main tenant entrance only. Project Various locations as previously approved by Modification Permit No. 2001 -096 (PA2001 -168), Identification Which permitted installation of four project identification signs, may be continued in accordance with that approval. Signs NOTES: • Amendments to this program may be conducted by a written staff approval, unless otherwise required by the Zoning Administrator. Tmplt: 03/08111