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HomeMy WebLinkAboutZA2024-009 - APPROVING COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR A SERVICE STATION LOCATED AT 2201 EAST COAST HIGHWAY (PA2023-0183) RESOLUTION NO. ZA2024-009 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT FOR A SERVICE STATION LOCATED AT 2201 EAST COAST HIGHWAY (PA2023-0183) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donco & Sons, Inc. (“Applicant”), with respect to property located at 2201 East Coast Highway, and legally described as Lots 1, 2, and 3 of Tract 682 (“Property”), requesting approval of a comprehensive sign program and modification permit. 2. The Applicant is requesting approval of a comprehensive sign program and modification permit to authorize signage for a service station (Mobil). The applicant is seeking the following deviations from Chapter 20.42 (Sign Standards) of the Zoning Code: Comprehensive Sign Program a) The installation of two wall mounted signs on the primary frontage, where the Zoning Code only allows one wall sign; b) Allow for two wall mounted signs on the primary fronage that are not located within the middle 50% of the building or tenant frontage; c) Allow for signage on the service station canopy to include text, where the Zoning Code only allows logo signs on service station canopies; d) The installation of a double-faced pylon sign 3 feet from a street and 7 feet 3 inches from the edge of the driveway, where the Zoning Code requires a minimum of 5 feet from a street and 10 feet from the edge of a driveway; Modification Permit e) Allow for a 20-foot high free standing double-faced pylon sign, where the Zoning Code allows for a maximum 4-foot high ground sign at service stations; and f) Allow for two 11.5 square foot canopy signs, where the Zoning Code only allows logo signs with a maximum of 6 square feet. Zoning Administrator Resolution No. ZA2024-009 Page 2 of 11 3.The Property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4.The Property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B) (0.0 – 0.75 FAR) and it is located within the Commercial Corridor (CC) Coastal Zoning District. 5.The signs included in this comprehensive sign program are exempt from a coastal development permit pursuant to the City’s certified Local Coastal Program, NBMC Section 21.52.035(C)(2). The approval allows the placement of attached accessory signage to the fascias of an existing service station and an additional one double- faced pylon sign, and does not involve a risk of adverse environmental effect, affect public access or views, or involve a change in use contrary to the Coastal Act. 6.A public hearing was held on February 15, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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. 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 Section 20.42.120 (Comprehensive Sign Program), the comprehensive sign program allows for an increase in sign height by 20% above that allowed and an increase in sign area by 30% above that allowed. The sign 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 Section 20.42.120(E) (Comprehensive Zoning Administrator Resolution No. ZA2024-009 Page 3 of 11 Sign Program - Standards) of the Newport Beach Municipal Code, 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 purpose of a comprehensive sign program is to integrate all of a project’s signs. A comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide incentive and latitude in the design and display of signs, and to achieve, not circumvent, the purpose of Chapter 20.42. 2.The Project complies with the purpose and intent of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides the service station with adequate identification while guarding against an excessive sign proliferation. Wall signs will be limited to internally illuminated channel letters proportional to the building façade in the general location depicted on the project plans. 3.The comprehensive sign program is consistent with the Citywide Sign Design Guidelines because the proposed signs are designed to be compatible with the building design in terms of scale, size, and materials. The proposed signs are designed to effectively communicate a commercial message without creating sign clutter through the use of legible text that contrasts with the background. The width of the primary façade is 65 feet. As proposed, the placement and size of the signs do not dominate, but rather are consistent with the proportions of the façade on which they are located. 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 number and location of signs will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. There are existing service stations along Coast Highway in Corona Del Mar with similar sized freestanding signs and wall mounted signs. The addition of the double-faced pylon sign identifying the service station along East Coast Highway and Avocado Avenue is necessary given the existing layout of the property. It will provide motorists with the proper identification Zoning Administrator Resolution No. ZA2024-009 Page 4 of 11 from both East Coast Highway and Avocado Avenue. The wall signs and double-faced pylon sign will promote identification of the Service Station without overconcentrating the Property with signage. 2.All proposed signage will be in harmony with the character and architectural style of the building. The wall signs, which are designed with a white color, will contrast the color of the building. The placement and size of the wall signs are complementary to the building’s large fascia and will comply with the limitations. 3.The wall sign on the primary frontage façade of the Property (identified as Sign Type D in Exhibit “B”) is limited to 2 feet in height and 8.5 feet in area. The building wall sign identified as sign E, which is also located on the primary frontage is limited to a height of 1-foot and area of 9.5 square feet. These standards are permitted by the Zoning Code. Standard: C.The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: 1.The comprehensive sign program includes 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 comprehensive sign program has been developed to be effective for the service station use and allows flexibility for future changes in tenant. The types of signs that are being proposed include building mounted signs, double-faced pylon sign, and a canopy sign for increased visibility which is typical for service stations. 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 Development Director may approve minor revisions to the comprehensive sign program if the intent of the original approval is not affected (NBMC section 20.42.120.F (Comprehensive Sign Program – Revisions to Comprehensive Sign Programs). Zoning Administrator Resolution No. ZA2024-009 Page 5 of 11 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 comprehensive sign program allows for deviations with regards to the type, number, and location of wall signs. The approval conforms to the intent of Chapter 20.42, and enhances the overall development by integrating the project’s signage to be appropriately located and scaled to the building’s fascia and building frontage. 2.The comprehensive sign program is consistent with Chapter 20.42 and is being processed concurrently with a Modification Permit consistent with Zoning Code Section 20.52.050 (Modification Permits) to allow the increased height and area for the double-faced pylon sign and increased area for the canopy sign area. 3.The deviation from the standard that signs shall be located within the middle 50% of the building or tenant frontage is appropriate due to the proposed number of signs on a building frontage. The standard requirement would force the signs too close in proximity to each other, creating cluttered signage that would be detrimental to the overall development. 4.The double-faced pylon sign is set back 7 feet 3 inches from the edge of the driveway, where a minimum 10-foot setback from the driveway is required by the NBMC. Additionally, the double-faced pylon sign is setback 3 feet from the front property line, where a minimum 5-foot setback from the street is required by the NBMC. Relocating the sign farther away from the driveway to the northwest is not feasible due to proximity of the existing landscape planter area to the property line. The double-faced pylon sign is located on the northern corner of the Property where 2 existing drive aisles are in close proximity to the proposed double-faced pylon sign location. Relocating the double-faced pylon sign further away from each driveway in either direction would result in a double-faced pylon sign location that is closer than the allowed 5-foot setback from the property line pursuant to Chapter 20.42 of the NBMC. Relocating it closer to the driveway would result in a double-faced pylon sign location that would be closer than the required 10-foot setback to driveways and may limit maneuverability for the drive aisles. The proposed location is appropriate given the constraints experienced by the existing drive aisles. Standard: F.The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter [Chapter 20.42]. Facts in Support of Standard: Zoning Administrator Resolution No. ZA2024-009 Page 6 of 11 1.The comprehensive sign 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 content of the proposed signage was not considered and the comprehensive sign program does not contain any regulations regarding sign message content. Modification Permit Pursuant to Section 20.42.110 of the Newport Beach Municipal Code, deviations in sign height greater than 20% and sign area greater than 30% are subject to the approval of a modification permit. In accordance with Section 20.52.050 (Modification Permits) of the Newport Beach Municipal Code, 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 Property is located in the CC Zoning District, which is intended to provide for areas appropriate for a range of neighborhood service retail and service uses along street frontages that are located and designed to foster pedestrian activity. The comprehensive sign program is intended to provide identification to a service station which is an allowed use in the CC zoning district. 2.The increase in height and sign area for the double-faced pylon sign and sign area for canopy sign is compatible with the existing development in the neighborhood. There are other existing service stations located along East Coast Highway, such as Chevron service station located at 2546 East Coast Highway and 76 service station located at 3400 East Coast Highway. These stations employ the use of similar signage on the station canopy and retail component for identification purposes. 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. Zoning Administrator Resolution No. ZA2024-009 Page 7 of 11 Facts in Support of Finding: 1.The Property is located near the entrance of Corona Del Mar, which is a high traffic area for both residents and visitors entering and exiting the neighborhood. The maximum 4-foot ground sign that is permitted by the NBMC would not provide for adequate identification, given the traffic flow along East Coast Highway. The proposed larger sign would increase the visibility and identification of the service station. 2.The proposed double-faced pylon sign with increased height and sign area provides identification of the service station along Coast Highway and Avocado Avenue and is necessary given the existing layout of the Property. The sign will provide motorists with the proper identification from both streets. In addition, the double-faced pylon sign which provides an opening of approximately 6 feet in height from the base of the sign will provide clear visibility of pedestrians from motorists looking to make a right turn onto East Coast Highway. The double-faced pylon sign will promote identification of the service station without overconcentrating the Property with signage. 3.The proposed canopy sign with increased sign area provides identification of the service station along Coast Highway and Avocado Avenue and is necessary due to the existing layout of the property. The sign is intended to provide legible signage to motorist from both streets. In addition, the proposed increase in the canopy sign area will be appropriately scaled to the service station canopy given the width of and size of the service station canopy. 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 proposed increase in the maximum height and sign area for the double-faced pylon sign 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 East Coast Highway and to identify the dealership location. 2.The purpose and intent of the sign regulations is to provide users adequate identification while preserving and enhancing the community’s appearance. The regulation of sign area and letter/logo height is to ensure that signage does not overwhelm a building façade and create clutter. The proposed increase in the canopy sign area will be appropriately scaled to the service station canopy given the width of and size of the service station canopy. Zoning Administrator Resolution No. ZA2024-009 Page 8 of 11 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. Facts in Support of Finding: 1.The requested increase in height and area is in scale and similarly placed as other double-faced pylon signs in the surrounding area and will not be detrimental to surrounding owners and occupants, the neighborhood, or the general public. 2.Due to the physical characteristic of the property, the increased height and area for the double-faced pylon sign and increased area for canopy signs are necessary to provide identification for the property. The strict application of the Zoning Code would result in smaller signage that is out of scale with the service station and would provide inadequate signage that would not be easily visible to motorists on East Coast Highway. 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 and area of the double-faced pylon sign and increased area of the canopy signs but will not result in a change in intensity or density of the service station. The double-faced pylon signs are typically permitted to a height of 20 feet in the Commercial Corridor zoning district, however, the specific standards for service stations allows for a maximum of 4-feet, which would be inadequate for this specific location. The increased height of the double-faced pylon sign from the allowed 4 feet height limit for ground signs for service stations will allow for greater visibility in a heavy traffic area. 2.The size of the signs is within scale of the 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 Newport Beach Municipal Code and the attached conditions of approval is required and will further ensure that the proposed use will not be detrimental. Zoning Administrator Resolution No. ZA2024-009 Page 9 of 11 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 PA2023-0183, subject to the conditions set forth in Exhibit A and parameters denoted in Exhibit B, 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 call for review is filed with the Community Development Director in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF FEBURARY, 2024. Zoning Administrator Resolution No. ZA2024-009 Page 10 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL 1.The development shall be in substantial conformance with the approved site plan, building elevations, and sign details stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2.Signs shall comply with the limitations specified in Exhibit “B” of this Resolution. 3.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Comprehensive Sign Program and Modification Permit. 5.A building permit shall be obtained prior to commencement of installation of the signs. 6.The signs shall be illuminated in accordance with the provisions of Section 20.42.060.H of the Newport Beach Municipal Code. 7.This Comprehensive Sign Program and Modification Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 8.A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9.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 the leasing agent. 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 Zoning Administrator Resolution No. ZA2024-009 Page 11 of 11 or indirectly) to City’s approval of the Mobil Service Station Signs including, but not limited to, a comprehensive sign program and modification permit (PA2023-0183). 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. Exhibit “B” NOTES/REQUIREMENTS a) Requirements for all signs per Municipal Code Chapter 20.42, 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.F 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. d) All sign locations shall be in substantial conformance with approved plans (Attachment No. ZA 4 of PA2023-0183). 2201 E. Coast Highway SIGN PROGRAM MATRIX Freestanding Double-Faced Pylon Sign Sign Type A: Maximum number: One Maximum Vertical Dimension: 20 feet Maximum Area: 72 square feet Canopy Signs Sign Type B: Maximum number: Two Maximum Vertical Dimension: 24 inches Area: 12 square feet Additional Standard: Text allowed Wall Signs Sign Type D: Maximum number: One Maximum Vertical Dimension: 24 inches Area: 8.5 square feet Sign Type E: Maximum number: One Maximum Vertical Dimension, Letter or Logo: 12 inches Area: 9.5 square feet