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HomeMy WebLinkAboutZA2013-005 Approved Newport North Center Monument Signs Mod - 1200 Bison AveRESOLUTION NO. ZA2013 -005 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2012 -016 FOR THE NEWPORT NORTH CENTER LOCATED AT 1200 BISON AVENUE (PA2012 -168) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Murphy on behalf of the Irvine Company, property owner, with respect to property located at 1200 Bison Avenue legally described as Lot 6, Tract 12309, requesting approval of a Modification Permit. 2. The subject property is located within the PC -5 Zoning District (North Ford Planned Community, General Commercial Area 3) and the General Plan Land Use Element category is CG (General Commercial). 3. The applicant requests a Modification Permit to allow reconstruction of the existing and construction of a new second freestanding multi- tenant monument sign to identify on- site retail tenants and the project, where the North Ford Planned Community District Regulations restrict the property to a freestanding signs for project identification only. Additionally, the freestanding signs will exceed the maximum height of four (4) feet specified by the Planned Community District Regulations for monument signs, and more than the 20 percent increase that can be authorized by a comprehensive sign program. 4. A public hearing was held on January 24, 2013, 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 qualifies for a Class 11 (Accessory Structures) categorical exemption pursuant to Title 14 of the California Code of Regulations (Section 15311, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act). 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. ZA2013 -005 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. Modification Permit to allow the construction of two freestanding signs to exceed the permitted height and to allow the new signs to identify individual tenants (multi- tenant monument signs), where the North Ford Planned Community District Regulations limit the monument signs to 4 feet tall and project identification only. 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 -5 (North Ford Planned Community, Area 3) District and is designated CG (General Commercial) by the Land Use Element of the General Plan. This district is intended to provide for a wide variety of commercial activities oriented to primarily serve citywide and regional needs. The existing 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 North Ford 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 property street frontages in that the maximum permissible size for each sign does not exceed 150 square feet. 3. The changes to the existing monument sign and the proposed new monument sign are consistent and comparable with other commercial properties located citywide which have not been deemed incompatible with the surrounding neighborhood. 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 westerly building to Bison Avenue obstructs the visibility of the tenant wall signs on all buildings that generally face the interior parking lot. Zoning Administrator Resolution No. ZA2013 -005 Page 3 of 8 2. The freestanding signs as proposed will provide enhanced visibility for vehicular traffic traveling eastbound on Bison Avenue for project identification and individual tenants that range in distance from the street right -of -way of between 35 and 100 feet. This is important for visibility to eastbound Bison Avenue traffic as they approach Camelback Street, which is the last opportunity to access the shopping center, since U -Turns are prohibited to eastbound traffic at the intersection of Bison Avenue and MacArthur Boulevard. 3. The proposed increased height of the freestanding signs is necessary due to the overall size of the commercial project, placement of the buildings on the site, and the speed of traffic on Bison Avenue and MacArthur Boulevard. Additionally, several tenants are located interior to the property with limited or obstructed sign visibility from the roadways. 4. The change to the existing monument sign will increase in area to 81 square feet and increase in height to 9 feet; and the new monument sign will be 56 square feet and 6 feet 6 inches tall, will provide adequate sign area to provide tenant identification that will be readily visible from the adjacent roadways. 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 buildings with tenant identification wall signs, some of which are not directly visible from the roadways and which will be supplemented by the visibility of the monument signs. 2. The modification permit will allow freestanding signs that are in scale with the buildings and that provide enhanced visibility from MacArthur Boulevard and Bison Avenue frontages 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 to allow the increased height of the freestanding signs, will also allow identification of multiple tenants with enhanced visibility from MacArthur Boulevard and Bison Avenue. The modification to allow the increased height Zoning Administrator Resolution No. ZA2013 -005 Page 4 of 8 of the second multi- tenant identification sign will provide visibility to vehicular traffic traveling eastbound on Bison Avenue and allow for direction to the Camelback Street entrance to the shopping center. The visibility provided by the increased height is important since vehicular traffic cannot make a U -Turn at MacArthur Boulevard. Similar provision could not be granted within the parameters of the North Ford Planned Community District Regulations or the Zoning Code that could enhance visibility to remedy the restricted traffic movements in and around the site or on the adjacent roadways. 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 multi- tenant signage of the commercial projects within North Ford Planned 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 monument signs as recommended will not interfere with sight distance for vehicles entering or exiting the property from the driveways on Bison Avenue or Camelback Street. 3. The signage is for commercial uses in a commercial district and is not in or adjacent to a residential district. 4. No foreseeable detriment will result from the approval of the modification permit as conditioned to limit the height and number of multi- tenant monument signs (two only, multi- tenant project signs), with identification of no more than three tenants per sign as recommended by staff; one at the MacArthur Boulevard Frontage and one at the intersection of Bison Avenue and Camelback Street. 5. The requirement that illumination of the monument sign located at the intersection of Bison Avenue and Camelback Street be controlled by a timer and turned off between the hours of 10:00 p.m. and 6:00 a.m. is appropriate and necessary to alleviate potential detrimental effect on residential neighbors. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2012 -016, subject to the conditions set forth in Exhibit A which are attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2013 -005 Page 5 of 8 2. 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 ADOPTED THIS 24TH DAY OF JANUARY, 2013. FAUsers\PLN \Shared \PA's \PAs - 2012 \PA2012 - 168 \PA2012 -168 reso DRAFT.docx Zoning Administrator Resolution No. ZA2013 -005 Page 6 of 8 O 1711- 311iii►_11i 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 and Exhibit "B." 2. 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 this Modification Permit shall be regulated by the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 3. Locations of the signs are limited to the designated areas and shall comply with the limitations specified herein 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, if applicable. 4. Prior to issuance of building permits for either monument sign, a survey shall be performed to accurately depict the location of the monument signs in relation to the property line and a copy shall be attached to and incorporated into the construction plans. 5. In the case of the monument sign located at the intersection of Bison Avenue and Camelback Street, the plans submitted for building permits shall depict and call out all traffic signal equipment located within close proximity to the proposed sign. The As- Built Traffic Signal Plan included with the Staff Report Attachment ZA 4, shall also be included in the construction plans. 6. The plans submitted for building permits shall show the location of existing Southern California Edison (SCE) Easement. 7. 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 Division 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 approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. A building permit shall be obtained prior to commencement of the construction and /or installation of the signs, and in accordance with the applicable Building Codes. Zoning Administrator Resolution No. ZA2013 -005 Page 7 of 8 9. A copy of the resolution, including conditions of approval Exhibit "A," and Exhibit "B" shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits for the freestanding signs, to identify this approval as the authority for location, size and placement. 10. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 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 North Center Sign Modification Permit including, but not limited to Modification Permit No. MD2012 -016 (PA2012 -168) 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. 12. The lighting source for the monument sign located at the intersection of Bison Avenue and Camelback Street shall be controlled by a timer to automatically cease operation between the hours of 10:00 p.m. and 6:00 a.m., daily. Zoning Administrator Resolution No. ZA2013 -005 Page 8 of 8 EXHIBIT `B" SIGN PROGRAM MATRIX Frontages: Sign 1.1, MacArthur Boulevard Frontage Sign 1A.1, Bison Avenue Frontage Type of Sign & Location Other Requirements • Max Height: 8 feet 11 inches, average height • Max Length: 14 feet. in overall length Monument Sign 1.1 • Max Sign Area: 95 sq. ft. Multi -Panel and Project • Max Vertical Dimension: Logo or Letter: 36 in; 6 -in minimum letter height. Identification Sign, • Location: Shall be verified by a survey of the existing sign and any change shall MacArthur Blvd be verified to maintain the existing distance from edge of the trail pavement which is approximately 8 feet. • Shall not identify more than three (3) retail tenants per side. • Max Height: 6 feet 6 inches, average height • Max Length: 9 feet 5 inches, overall length Monument Sign 1A.1 • Max Sign Area: 44 sq. ft. Multi -Panel and Project ' Max Vertical Dimension, Logo or Letter: 36 in; 6 -in minimum letter height. Identification Sign, ' Location: Minimum of 8 feet from property line, unless otherwise required to be Bison Avenue greater by the Public Works Department. • Shall not identify more than three (3) retail tenants. • The lighting source shall be controlled by a timer to automatically cease operation between the hours of 10:00 p.m. and 6:00 a.m., daily. NOTES /REQUIREMENTS: a) Requirements for all signs per Municipal Code Chapter 20.42, freestanding signs per Section 20.42.080 C, except as provided in this sign matrix. b) 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. c) Pursuant to Section 20.42.120.E of the Zoning Code, the Community Development Director may approve minor revisions to this approval if the intent of the original approval is not affected.