HomeMy WebLinkAboutZA2012-018 Newport Place Retail Center Sign ProgramRESOLUTION NO. ZA2012 -018
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE
SIGN PROGRAM NO. CS2012 -004 AND MODIFICATION
PERMIT NO. MD2012 -007 FOR THE NEWPORT PLACE RETAIL
CENTER LOCATED AT 4221 -4225 MACARTHUR BOULEVARD
(PA2012 -024)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ridgeway/Whitney, with respect to property located at 4221-
4225 MacArthur Boulevard, and legally described as Parcel 1 of Resubdivision 0347 per
a Map Recorded in Book 45, Page 23 of Miscellaneous Maps, Records of Orange
County, California requesting approval of a Comprehensive Sign Program and
Modification Permit.
2. The subject property is located within the PC -11 Zoning District (Newport Place Planned
Community, General Commercial Site 8) and the General Plan Land Use Element
category is MU -H2 (Mixed -Use Horizontal).
3. The applicant requests a Comprehensive Sign Program for a future commercial retail
center located on a roughly 1.107 acre lot. The center will be developed with two
commercial buildings with six or more tenants.
4. The Comprehensive Sign Program is required to allow an increase in the size, area and
location of the proposed wall signs otherwise restricted by the Newport Place Planned
Community District Regulations. As proposed, wall signs will be increased in size based
in part to the width of the tenant frontage, some tenants will be provided more than one
wall sign, and each tenant will be allowed one additional pedestrian oriented sign and /or
window sign.
5. The applicant also requests a Modification Permit to allow for a second freestanding
monument sign to identify on -site retail tenants, where the Newport Place Planned
Community District Regulations restrict the property to a single freestanding sign to
identify restaurants only. Additionally, one freestanding sign will exceed the maximum
height of four (4) feet specified by the Newport Place Planned Community District
Regulations for monument signs, and more than the 20% increase that can be
authorized by a comprehensive sign program.
6. The public hearing was scheduled on April 25, 2012, however, the subject application
could not be heard at that time due to a discrepancy with the Public Notice. Therefore,
the matter was renoticed and scheduled to the hearing on May 9, 2012. A public hearing
was held on May 9, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California. A notice of time, place and purpose of the meeting was
Zoning Administrator Resolution No. ZA2012 - 018
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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. 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 a second freestanding sign to exceed the permitted height as
limited by the provisions of the Newport Place Planned Community District Regulations and
the Zoning Code authority in conjunction with a comprehensive sign program.
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 PC -11 (Newport Place Planed Community, General
Commercial Site 8) District and is designated MU -H2 (Mixed -Use Horizontal) 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 the
neighborhood. The proposed commercial development and proposed signage is
consistent with this land use designation. The application of the Zoning Code provisions
for signs in place of the Newport Place Planned Community District Regulations is
appropriate since the commercial shopping center is comparable to other such
commercial centers located citywide. The proposed signage is accessory to the primary
use.
2. The freestanding signs, as proposed, are in scale with the building frontages in that the
maximum permissible size for each sign, as denoted in the sign program matrix (Exhibit
B), does not exceed 75 square feet.
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3. The freestanding sign for 4221 MacArthur Boulevard (Building B) is 6 feet high
(average, 50% taller than allowed by the Newport Place Planned Community District
Regulations) and 8 feet in length; and the sign for 4225 MacArthur Boulevard (Building
A) is 4 feet high (average) by 4 feet in length, complies with the code requirements.
The freestanding signs shall be located no less than 60 feet apart.
4. The increased height of the freestanding sign will be consistent and compatible with
other commercial properties within the Newport Place Community and citywide.
5. The neighborhood includes restaurant properties with freestanding signs, and office
buildings with additional monument signs that provide visibility from the public rights -of-
way. The freestanding sign as proposed will provide enhanced visibility from MacArthur
Boulevard for tenants that range in distance from the street right -of -way of between 35
and 100 feet.
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 perpendicular orientation of the main building (Building B) to MacArthur Boulevard, a
major high speed arterial, limits the visibility of the tenant wall signs. Additionally, visibility
of the main building will be further obstructed by the second commercial building to be
constructed at the north end of the subject site; and also visibly obstructed by the office
building located to the south.
2. The restaurant site to be identified on the monument sign is not visible from MacArthur
Boulevard because of its location and distance from the street (approximately 200 feet).
3. The proposed increased height of the freestanding sign is necessary due to the overall
size of the commercial project, placement of the buildings on the site, and the speed of
the traffic on MacArthur Boulevard. Additionally, several tenants are located interior to the
property with limited visibility from the roadway.
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
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1. The property will be developed with two buildings with a total building frontage of
approximately 131 lineal feet.
2. The modification permit will allow a freestanding sign that is in scale with the building and
that provides enhanced visibility from the MacArthur Boulevard frontage to the greatest
extent possible.
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 increased height of the freestanding sign
to facilitate identification of the multiple tenants within Building B and the restaurant to the
west to have visibility from MacArthur Boulevard. The existing restaurant to the west of
the subject property (Restaurant Site 1 of Newport Place Planned Community) is 200
feet from the sidewalk on MacArthur Boulevard. 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 to limit number of tenants identified, and the required distance between the
freestanding signs.
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 proposed freestanding signs are consistent with the identification signs of both the
office buildings and the multi- tenant signage of the commercial projects within Newport
Place Community and elsewhere in the City and for those reasons will not 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.
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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 general design 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.
Facts in Support of Standard:
1. The site is for use by multiple retail commercial tenants and the signage has been
designed integral with the design and character of the building.
2. Each tenant will be permitted signage that will ensure adequate visibility is provided on
site and from MacArthur Boulevard to the greatest extent possible.
3. Each tenant will be permitted signage pursuant to the submitted Newport Place Sign
Program matrix to allow tenants in the multi- tenant building to have one or two wall
signs, one pedestrian oriented or window sign, and limited identification on the
freestanding signs, as part of the application. The freestanding building (Building A), if
occupied by a single- tenant, will be allowed to have one wall sign on each of three
building facades as depicted on the site plan. If the frontage of any tenant space is
changed or Building A is divided into multiple tenancy, deviation from this approval
shall be reviewed and approved by the Planning Division to determine substantial
conformance with this approval. The size and location of the letters and logos of the
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signs will ensure that adequate visibility is provided, and not be abrupt in scale with the
individual tenant frontage.
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:
The project site is for the use of multiple commercial tenants and has been designed to
be effective for such uses.
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 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.
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 Support of Standard:
1. The Sign Program requests deviation in the number of signs, size and location of wall
signs and an increase in the size and number of freestanding signs which will aid and
enhance the identification and visibility of the commercial tenants from the public
roadway.
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2. The sign provisions of the Newport Place Planned Community District Regulations
limit tenant signs to 4 -inch letters in a single location over a doorway. The Sign Code of
the Zoning Code generally allows one wall sign per tenant, with an area of up to 1.5
times the linear footage of the tenant space. The use of the Zoning Code provisions is
a more appropriate use in this retail commercial setting to provide adequate
identification and visibility for the commercial tenants.
3. The placement of the proposed wall signage does not provide the required separation
from other signage or location, placement within the center 50% of the tenant frontage.
However, the requirements as recommended for the tenants with narrow width shall
provide a minimum distance of 6 feet from neighboring signs. This should provide
adequate distance to avoid visual clutter and satisfy the intent of the sign code
provisions.
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 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:
The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program No. CS2012 -004 and Modification Permit No. MD2012 -007, 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 party may appeal the decision of the Zoning Administrator to
the Planning Commission by submitting a written appeal application to the Community
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Development Director. For additional information on filing an appeal, contact the Planning
Division at 949 - 644 -3200.
PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF MAY, 2012.
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CONDITIONS OF APPROVAL
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
and Modification Permit shall be rendered nullified and a new Comprehensive Sign
Program shall be obtained for the new or altered development in accordance with the
Newport Place Planned Community District Regulations and the Zoning Code
Provisions in effect at the time the new development is approved.
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 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.
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 or required by the Public Works Department (City Standard 110 -L, using S =525
feet for MacArthur Boulevard). Additionally, the applicant shall provide Sight Distance
Exhibits for review and approval by the Public Works Department prior to issuance of
building permits.
6. In accordance with Municipal Code Section 20.42.120.E 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.
7. No permanent structures are allowed within the Orange County Sanitation District
easement. Show on the site plan that the monument signs are not located within the
easement area, verification required prior to issuance of building permits for the signs.
8. 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
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depict the elements approved by this approval and shall highlight the approved
elements such that they are readily discernible from other elements of the plans.
9. A building permit shall be obtained prior to commencement of the construction and /or
installation of the signs.
10. A copy of the approval action letter, including conditions of approval and sign matrix,
shall be incorporated into the Building Department and field sets of plans prior to
issuance of the building permits for the freestanding signs, and the initial wall sign
installations to identify this approval as the authority for location, size and placement.
11. 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 Newport Place Retail Center Sign Program
including, but not limited to Modification Permit No. MD2012 -007 and
Comprehensive Sign Program No. CS2007 -004 (PA2012 -024) 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"
SIGN PROGRAM MATRIX
Frontages:
Building A: Street Elevation - LF: 65 feet 9 inches
North Elevation (parking lot) - LF: 62 feet 3 inches
South Elevation (parking lot) - LF: 55 feet 9 inches
Building B: Street Elevation — LF: 65 feet 6 inches
North Elevation (parking lot): LF: 127 feet
Type of Sign &
Primary Frontage
Secondary Frontage
Other Requirements
Location
Size limitations, where
Size limitations, where
applicable
applicable
Street Elevation
North Elevation
Building A
• Max Number: 1
0 Max Number: 1 (One)
8 Max Vertical Dimension,
(One)
• Max Sign Area: 47 sq ft
Logo or Letter: 36
SIGN TYPE A
• Max Sign Area: 75
• Max Sign Width: 50%
inches
(Wall Signs)
sq. ft.
of Tenant Frontage LF
• Location: May be
4225 MacArthur Blvd,
• Max Sign Width:
located within the
Suite A -01
50% of Tenant
South Elevation
Center 75% of Tenant
Frontage LF
• Max Number: 1 (One)
Frontage
• Max Sign Area: 47 sq ft
. Minimum Distance (LF)
• Max Sign Width: 50%
from other wall signs: 10
of Elevation LF
feet
Street Elevation
North Elevation:
SIGN TYPE A
• Max Number: 1
• Max Number: 1 (One)
(Wall Signs)
(One)
• Max Sign Area: 54 sq ft
4221 MacArthur,
. Max Sign Area: 70
• Max Sign Width: 50%
Suite B -01
sq. ft.
of Tenant Frontage LF
• Max Sign Width:
50% of Tenant
Frontage LF
North Elevation
• Max Number: 1
Building B
(One) per tenant
a Max Vertical Dimension,
SIGN TYPE A
• Max Sign Area: 39
Logo or Letter: 36
(Wall Sign)
square feet (if suites
inches
4221 Mac Arthur,
are combined, the
• Location: May be
Suites B -02, B -03, B-
sign width shall not
located within the
04
exceed 1.5 x Tenant
Center 75% of Tenant
Frontage LF
Frontage
• Max Sign Width: 14
• Minimum Distance (LF)
feet
from other wall signs: 6
feet
North Elevation
West Elevation
• Max Number: 1
0 Max Number: 1 (One)
(One)
. Max Sign Area: 49 sq ft
SIGN TYPE A
• Max Sign Area: 45
. Max Sign Width: 50%
(Wall Signs)
square feet
of Tenant Frontage LF
4221 MacArthur,
• Max Sign Width: 14
Suite B -05
feet
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Type of Sign &
Primary Frontage
Secondary Frontage
Other Requirements
Location
Size limitations, where
Size limitations, where
applicable
applicable
SIGN TYPE G
Bldg A and Bldg B
(Building Address
0 Max Number: 1 (One) per building elevation
Signs)
0 Minimum Letter /Digit Height: 8 in.
• Max Sign Area: 3 sq. ft.
SIGN TYPE M
• Max Height: 6 ft. average
(Monument Sign —
• Max Length: 8 ft. in length
Multi -Panel and
• Max Sign Area: 32 sq. ft.
Project Identification
• Max Vertical Dimension, Logo or Letter: 36 in; 6 -in minimum letter height.
Sign)
a Location: Minimum 10 feet from front property line and minimum 60 feet from
4221 MacArthur Blvd
freestanding sign located at 4225 MacArthur Blvd.
• Shall not identify more than 6 retail tenants.
SIGN TYPE M
' Max Height: 4 ft. average
(Monument Sign -
• Max Length: 4 ft., excluding horizontal architectural elements or base
Multi -panel and
0 Max Sign Area: 20 sq. ft.
Project Identification
Max Vertical Dimension, Logo or Letter: 36 in; 6 -in minimum letter height.
Sign)
• Location: Minimum 10 feet from front property line and minimum 60 feet from
4225 MacArthur Blvd
freestanding sign located at 4221 MacArthur Blvd.
• Shall not identify more than 2 retail tenants.
SIGN TYPE F
Location: North Elevation on Building Architectural Element:
(Wall Sign -
Max Sign Area: 11 ft. X 1.5 ft = 16.5 sq. ft.
Project/Building
Identification Sign)
4221 MacArthur Blvd
SIGN TYPE C
Max Number: 1 (One) per tenant
(Pedestrian
Max Sign Area: 3 sq. ft.
Oriented Signs)
Minimum Vertical Clearance from ground: 8 ft
Max Length: 4 ft.
Max Sign Area 20% per each window opening
SIGN TYPE E
Shall be counted as part of the allowed Maximum Tenant Wall Sign Area
(Window Signs)
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
NOTES /REQUIREMENTS:
a) LF = Linear Feet, a horizontal dimension.
b) Requirements for all signs per Municipal Code Chapter 20.42, wall sign specifically Section
20.42.080 1 and freestanding signs per Section 20.42.080 C, except as provided in this sign
matrix. The use located at 4241 MacArthur Blvd may be identified on only one Type M sign
c) 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 attached
sign matrix.
d) Wall signs shall not extend above the building fagade or roof, with the exception of Sign Type F
which shall not extend above the architectural element as proposed.
e) Pursuant to Section 20.42.120.E 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.
f) Temporary Banners and exempt signs pursuant to Chapter 20.42, NBMC.
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