HomeMy WebLinkAboutZA2023-031 - APPROVING COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR A MULTI TENANT OFFICE BUILDING LOCATED AT 895 DOVE STREET (PA2022-0273)RESOLUTION NO. ZA2023-031
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COMPREHENSIVE SIGN PROGRAM AND MODIFICATION
PERMIT FOR A MULTI TENANT OFFICE BUILDING LOCATED
AT 895 DOVE STREET (PA2022-0273)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Stan Ideker, on behalf of the owner concerning property located
at 895 Dove Street, and legally described as Lot 4 and a portion of Lot 5 in Tract 7694
requesting approval of a comprehensive sign program and modification permit.
2. The applicant proposes an amendment to an existing sign program for a multi-tenant office
building in Newport Place. The proposed update to the sign program includes an increase
in the number of identification monument signs in addition to the existing allowed wall
signs, eyebrow signs and renovation of the existing tenant identification monument sign.
The proposed monument signs require the approval of a modification permit to exceed the
height limit by more than 20 percent for monument signs within the Newport Place Planned
Community. If approved, this comprehensive sign program and modification permit would
supersede Modification Permit No. 5025.
3. The subject property is designated General Commercial (CG) by the General Plan Land
Use Element and is located within the PC-11 (Newport Place Planned Community
Professional and Business Office Site 2A) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on May 11, 2023 online via Zoom. A notice of the time, place,
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. Class 11 includes construction or replacement of minor structures such as on-premise
signs accessory to (or appurtenant to) existing commercial facilities. The proposed
signage is incidental and accessory to the principal commercial office use of the property
and will not intensify or alter the use.
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3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Comprehensive Sign Program
Pursuant to Newport Beach Municipal Code (NBMC) Section 20.42.120 (Comprehensive Sign
Program), the Comprehensive Sign Program allows for an increase in sign height by twenty
(20) percent above that allowed and an increase in sign area by thirty (30) percent above that
allowed. The Program shall comply with the standards of the Zoning Code, except that
deviations are allowed with regard to sign area, total number, location, and/or height of signs.
In accordance with NBMC Section 20.42.120, 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], any adopted sign design guidelines and the overall purpose and intent of
this Section [Section 20.42.120].
Facts in Support of Standard:
1. The proposed Comprehensive Sign Program complies with the purpose and intent of
NBMC Chapter 20.42 (Sign Standards) because it provides the multi-tenant office
complex with adequate identification while guarding against an excessive sign
proliferation. The Comprehensive Sign Program preserves and enhances community
appearance by regulating the type, size, location, quantity, and illumination of signs.
2. The existing office building has signage pursuant to the existing sign program approved
by Modification Permit No. 5025 in 2000. The existing program allows for major tenant(s)
to have a maximum of two wall signs at 150-square-feet on any two faces of the building.
Additionally, the existing program allows minor tenants to have a total of five eyebrow
signs, a maximum 40 square feet each to be placed on any of the four building facades.
An existing, four-foot-tall multi-tenant directory sign is located on the property at the
corner of Dove Street and Quail Street.
3. PC-11 sign regulations allow monument signs at a maximum height of four feet, with no
maximum number of monument signs indicated. Ground signs greater than 150 feet in
area shall be greater than 20 feet from the property line along a street. The proposed
height of 6 feet for the new monument signs are more than 20 percent taller than the
four-foot maximum allowed in the PC-11 sign regulations; therefore, a modification
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permit in conjunction with the updated Sign Program is required. The proposed signs
are well under the 150-square-foot maximum.
4. The three proposed monument identification signs are as follows: one near the driveway
for the parking structure on Quail Street, one at the corner of Dove Street and Quail
Street next to the existing multi-tenant directory sign, and one at the parking lot entrance
on Dove Street. Each are intended to identify the name of the building, “895”, and
propose to exceed the maximum height limit of four feet to provide increased visibility
for motorists. The monument signs at the driveway entrances are each proposed to be
a maximum of six feet in height and a maximum of 23-square-feet in area. The
monument sign at the corner of Dove Street and Quail Street will be located on top of
an existing planter wall for a total height of 8-feet, 10-inches and a maximum area of 31-
square-feet in area. The existing multi-tenant directory monument sign is permitted by
the PC-11 regulations to be a maximum height 20-feet. The proposed renovation of this
sign will increase the height of the existing multi-tenant directory sign from four feet, to
a maximum of 6 feet, in compliance with the PC-11 regulations. All of the proposed
monument signs have been reviewed and approved by the Public Works Department
for sight distance requirements.
5. PC-11 sign regulations allow building identification limited to a single-entity (single
tenant), a maximum of two signs not to exceed 200 square feet each. Consistent with
the flexibility in allowing identification of two major tenants instead of one in the existing
sign program, the updated sign program proposes to maintain building identification
signs for major tenants at a maximum of 200 square feet each for up to two major tenants
on a maximum of two facades at any time. The 200 square-foot maximum is consistent
with the size allowed in the PC-11 sign regulations. The two proposed awning signs are
limited to a maximum letter height of 18 inches to fit on a wood architectural awning
above the doorway. These signs will only be visible to pedestrians walking up to the
building.
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 size, location and layout of the building makes building identification to motorists
and tenants difficult. The existing property is designed as a large office campus
layout, with the office and parking structures spread out amongst landscaping,
outdoor employee areas, and surface parking areas. The street frontage along Dove
Street is approximately 290 feet long and the existing building is setback from Dove
Street approximately 180 feet. Trees and landscaping in between the street frontage
and the building create a visually pleasing aesthetic that beatifies the area and is an
amenity for the tenants, employees, and visitors to the property. However, the design
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of the site necessitates that proper identification of the property includes the
additional monument signs along Dove Street with increased height for visibility.
2. The property is also developed with a parking structure next to the building along the
600-foot property line fronting Quail Street. The parking structure complicates
dentification of the office building along Quail Street as there is no property
identification on the parking structure or the property along Quail Street
3. The building facades are approximately 115-feet and approximately 207-feet in
length, and the height of the building is approximately 72-feet. Staff believes the
proposed number of signs, area, and height are compatible with the overall massing
and bulk of the building and the property.
4. The addition of the monument signs identifying the building along Quail Street and
Dove Street is necessary given the size and existing layout of the property. It will
provide motorists with the proper identification from both streets. The wall signs,
eyebrow signs and monuments signs will promote identification of the office building
and tenants without overconcentrating the site with signage
5. See Facts in Support of Standard A.1 and A.3.
Standard:
C. The sign program shall address all signs, including permanent, temporary, and exempt
signs.
Fact in Support of Standard:
1. The Comprehensive Sign Program includes all project signage. Any future temporary
and exempt signs not specifically addressed in the program shall be regulated by the
provisions of NBMC 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 Comprehensive Sign Program has been developed to be effective for a multi-tenant
commercial office building that is on a large property with an office campus type layout.
It also allows flexibility for future changes in tenants.
2. It is not anticipated that future revisions to the Comprehensive Sign Program will be
necessary to accommodate changes in tenants or uses. However, the Community
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Development Director may approve minor revisions to the Comprehensive 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 deviation 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 Comprehensive Sign Program allows for deviations with regards to the type,
number, and location of wall signs. The approval conforms to the intent of NBMC
Chapter 20.42 and PC-11 sign regulations and enhances the overall development by
integrating the project’s signs to be appropriately located and scaled.
2. The proposed Comprehensive Sign Program is consistent with NBMC Chapter 20.42
(Sign Standards) and is being processed concurrently with a Modification Permit
consistent with NBMC Section 20.52.050 (Modification Permits) to allow the monument
signs to be taller than the standard PC-11 limitations in order to increase the visibility of
the signs. All other previously approved signage allowances will remain the same and
the facts to support their approval are unchanged.
3. The standard requirements of PC-11 do not adequately identify the property with
multiple large frontages and are ineffective for motorist site identification. Additionally,
the PC-11 requirements do not appropriately allow for multi-tenant office buildings
consistent with the findings for the original Modification Permit/ Sign Program in 2000.
Standard:
F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter [Chapter 20.42].
Fact in Support of Standard:
1. The Comprehensive Sign Program does not authorize the use of prohibited signs.
Finding:
G. Review and approval of a Comprehensive Sign Program shall not consider the signs’
proposed message content.
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Fact in Support of Standard:
1. The proposed sign program amendment contains no regulations affecting sign message
or content. The proposed amendment to the sign program carries forward the design
criteria established upon the adoption of the original sign program and reinforces the
high quality conveyed by the existing building architecture of the center.
Modification Permit
Pursuant to NBMC Section 20.42.110, deviations in sign height greater than twenty (20)
percent and sign area greater than thirty (30) percent are subject to the approval of a
modification permit. In accordance with NBMC Section 20.52.050 (Modification Permits), the
following findings and facts in support of such findings are set forth:
Finding:
H. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The existing property has an office building and parking structure similar with other
properties within the surrounding area however, few have this large of a property on a
corner with substantial frontages. The frontage along Quail Street one of the longest
street property frontages in the area creating the office campus layout of the existing
office building and accessory structures. Across Dove Street the Newport/Lexus
automobile dealership has a similar property layout with similar size street frontages.
The dealership has a comprehensive sign program that approved an increase in the
number and size of signage including height and size of monument signs to increase
visibility to motorists.
Finding:
I. 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 subject property is located in the Newport Place Planned Community (PC11)
Planned Community. The existing property is designed as an office campus layout, with
the office and parking structures spread out amongst landscaping, outdoor employee
areas, and surface parking areas within the 171,991 square foot property. The street
frontage along Dove Street is approximately 290-feet long and the existing building is
setback from Dove Street approximately 180-feet. Trees and landscaping in between
the street frontage and the building create a visually pleasing aesthetic that beatifies
the area and is an amenity for the tenants, employees, and visitors to the property.
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However, the design of the site necessitates that proper identification of the property
includes the additional monument signs along Dove Street with increased height for
visibility. There is no maximum number of monument signs provided for in the PC11
regulations; however, with the large frontages, streets and spread-out design of the
property, the four-foot maximum height does not provide proper visibility for the site.
2. The property is also developed with a parking structure next to the building along the
600-foot property line fronting Quail Street.The parking structure complicates
identification of the office building along Quail Street as there is no property identification
on the parking structure or for the property along Quail Street.
Finding:
J. 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 purpose and intent of the sign regulations is to provide users adequate identification
while preserving and enhancing the community’s appearance by regulating the type,
size, location, quality, design, character, scale, color, illumination, and maintenance of
signs. The sign regulations also encourage the design of signs to be complementary to
the buildings and uses to which they relate and are harmonious with their surroundings.
2. The proposed increase in the maximum height does not interfere with the purpose and
intent of the Zoning Code, as it provides for adequate identification of the site while
guarding against the excessive and confusing proliferation of signs. The proposed
increase addresses the practical difficulty of reduced visibility for motorists traveling in
heavy vehicular traffic on Dove Street and Quail Street as well as identifying the
driveway entrances. The increase in height will increase visibility while maintaining the
existing aesthetic qualities of the property including the larger setback with open areas,
trees and landscaping.
Finding:
K. 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.
Fact in Support of Finding:
1. The PC-11 sign regulations allow monument signs a maximum 150 square feet in area
and a maximum four feet tall. The area of the sign does not create the visibility required
on these larger parcels along heavily traveled streets. Due to the design of the building
frontage, the increased height is necessary to provide improved identification for the
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subject property. Sign alternatives would provide inadequate visibility to motorists
travelling on Dove Street and Quail Street.
Finding:
L. 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. This approval will allow for an increase in the height of the monument signs, but will not
result in a change in intensity or density of the existing commercial office use.
2. The total monuments signs on the large property are limited to four and would be in
scale with signs in the surrounding area and will not adversely affect or be detrimental
to persons, property, or improvements in the surrounding neighborhood.
3. Compliance with the Municipal Code and the attached conditions of approval is required
and will further ensure that the proposed use will not be detrimental.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project exempt
from the California Environmental Quality Act pursuant to Section 15311 under Class 11
(Accessory Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment. The exceptions identified
in Section 15300.2 do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Comprehensive
Sign Program and Modification Permit PA202-0273, subject to the conditions outlined in
Exhibit A, which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or a call for review is filed with the
Community Development Director by the provisions of Title 20 Planning and Zoning, of
the Newport Beach Municipal Code.
4. This resolution supersedes Modification Permit No. 5025, which upon vesting of the
rights authorized by this comprehensive sign program and modification permit, shall
become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF MAY, 2023.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Locations of signs are limited to the designated areas and shall comply with the limitations
specified in the Sign Matrix.
3. Sign location shall comply with the City’s line of sight requirements per City Standard
STD 105.
4. The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
5. The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this
approval.
6. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of PC-11 (Newport Place Planned
Community).
7. A building permit shall be obtained prior to commencement of installation of the new
signs.
8. This Modification may be modified or revoked by the Zoning Administrator if determined
should they determine that the proposed uses or conditions under which it is being
operated or maintained are detrimental to the public health, welfare, or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained to constitute a public nuisance.
9. All signs must be maintained in accordance with Section 20.42.170 (Maintenance
Requirements) of the NBMC.
10. The sign installation shall comply with the California Building Code.
11. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent. 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.
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12. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 895 Dove Sign Program including, but not limited to,
PA2022-0273. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in
connection with such claim, action, causes of action, suit, or proceeding whether incurred
by the applicant, City, and/or the parties initiating or bringing the such proceeding. The
applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that
which City incurs in enforcing the indemnification provisions outlined in this condition. The
applicant shall pay to the City upon demand any amount owed to the City under the
indemnification requirements prescribed in this condition.
COMPREHENSIVE SIGN PROGRAM
TABLE-COMPREHENSIVE SIGN PROGRAM MATRIX- 895 Dove Street
SIGN TYPE AND
LOCATION
FRONTAGE DESIGNATION
SIGN LIMITATIONS/RESTRICTIONS
Corner Monuments
A.1 Multi-tenant
Directory sign
and A.2
A.1 Multi-tenant Directory Corner of Quail Street and Dove Street
Height: 6 feet maximum (top of tenant panels to ground and including
base)
Lettering Size: Minimum 3-inch lettering and Maximum 6.5 inches
Illumination: Internally or externally illuminated.
Opaque background per sign panel with letters illuminated or halo-
illuminated only. Illuminated blank space on panel background is
prohibited.
A.2 Corner of Quail Street and Dove Street
Height: maximum 8-feet, 10-inches feet maximum (top of sign to ground
and including existing planter wall)
Lettering Size: Maximum 13.5 inches
Illumination: Internally or externally illuminated.
Opaque background per sign panel with letters illuminated or halo-
illuminated only. Illuminated blank space on panel background is
prohibited.
Entrance
Monuments B.1
and B.2
B.1 Entrance Monument Quail Street/ B.2 Entrance Monument Dove
Street
Height: 6 feet maximum including base
Sign Area: 23 square feet
Lettering Size: Maximum 13.5 inches
Illumination: Internally or externally illuminated.
Opaque background per sign panel with letters illuminated or halo-
illuminated only. Illuminated blank space on panel background is
prohibited.
Eyebrow Signs
C.1 through C.5
Frontage is based on tenant(s) preference.
Sign Area: 40 sq ft. max.
Number of Signs: Five Maximum
Illumination: Per Zoning Code Section 20.42.060H.
Entrance Awning
Signs
C.6 and C.7
Building Entrances
Sign Area: 5 sq ft. max.
Letter/logo Height:18 inches max.
Number of Signs: Two Maximum
Illumination: Per Zoning Code Section 20.42.060H.
Wall Signs Top of
Building
Major Tenants
Primary Locations
D.1, D.2, D.3, D.4,
D. 5
Frontage is based on tenant(s) preference.
Sign Area: 200 sq ft. max.
Letter/logo Height:36 inches max.
Number of Signs: Two Maximum
Illumination: Per Zoning Code Section 20.42.060H.
All window and other exempt signs in accordance with Chapter 20.42.100 (B)