HomeMy WebLinkAboutEXCEPTION PERMIT 37ROLL CALL
INDEX
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Item No.4
Request to permit the retention of an existing as -built sign which
Ep No. 3.7
represents the second ground sign on property located 16 the M-
`-
1.-A District, where only one ground sign per building site is
Approved
permitted. The proposal also includes a modification to the
Zoning Code so as to allow the as -built signs to encroach up to
13 feet 8 inches ± into the required 15 foot front yard setback.
LOCATION: Lot46, Tract No. 3201, located at 4023 Birch
Street, on the northwesterly side of Birch
Street, between Dove Street and Quail
Street, across Birch Street from the Newport
Place Planned Community.
ZONE: M-1-A
APPLICANT: George Souleles, Laguna Niguel
OWNER: Same as applicant
James Hewicker, Planning Director, stated that staff was not able
to locate building permits for the two signs that would address
the Public Works Department's concerns regarding the location
of the signs. Mr. Hewicker indicated that the City Council is
interested in upgrading the general vicinity where the subject
property,is located.
The public hearing was opened in connection with this items, and
Mr. George Souleles, property owner, appeared before the
Planning Commission.' Mr. Souleles explained that a permit was
not granted for the Pack -Cell Corporationsign, and the second
sign has been located on the property for 12 years. Mr. Souleles
indicated that the Pack -Cell sign is located approximately 18 feet
from the edge of the driveway where the, automobiles stop before
entering Birch Street; that the signs on the .'other Sites
surrounding the subject property are not conducive to the area
and are considerably larger than the subject signs; and the
subject' signs 'are aesthetically pleasing to the area.
In response to a question posed by Chairmman Pomeroy, Mr;
Soulelts concurred with the findings and conditions in Exhibits`..
„A„ and ."B".
r
the Public Works Department has adopted standards thm require
clear sight distances at intersections and driveways 10 feet back
of the .right-of-way. He expressed concern for pedestrian safety
as the automobiles (approach Birch Street because of the close
proximity of the sign to the driveway. Mr. Souleles agreed to
move the signs back; however, he opposed moving the iigrts 10
feet from back of sidewalk. Mr. Souleles indicated that between
MacArthur Boulevard and Bristol Street there are 22 signson
other lots that are at the edge of the sidewalk whereas the
subject signs are set back at least 5 feet from the edge of the
sidewalk. Mr. Edmonton determined that the plan indicates that
the existing signs are approximately 16 inches from b€�ck of
sidewalk, and the sign that is 4'6" wide could be moved towards
the building into the 15 foot front yard setback so as to provide
at least a 10 foot clearance. Mr. Edmonston did not object if the
6'6" Pack -Cell sign was moved 8 6" from back of sidewalk. Mr.
Souleles agreed to move the Pack -Cell sign adjacent to the
building so as to provide as much clearance as possible.
Commissioner Debay and Mr. Hewicker discussed the procedure
that the. Code Enforcement Officers follow to locate illegal signs
and to bring the signs into compliance with the Zoning Code.
Mr. Souleles ,explained that the subject signs became an issue
when Pack -Cell requested approval of Use Permit No, 3374 so
as to establish a facility that specializes' in automobile cellular
phones.
Mr. Souleles addressed the deterioration of Birch Street and
Campus Drive based on the number of illegal signs in the area..
Mr. Shiram Vosough, owner of Pack -Cell, appeared before the
Planning Commission wherein he addressed the sign height
requirements, and the necessity for the sign. Mr. Edmonton
explained that to maintain a view corridor, the maximum height.
limit of signs is 24 inches, and occasionally a height of 30 inches
has been approved within the sight distance areas.
Chairman Pomeroy suggested a condition that would require the
signs to. be moved back or lowered to a maximum 1eight of 30
inches. Mr. Hewickcr referred to Condition Nei 3 in Exhibit "A"
that requires the ground signs to be relocated so as to r0aintain
at least ' 10 feet between , the signs and back of sidewalk. He;
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suggestea tnat the conumvcl t:uulu aiva.+=....., ... ... ..--... --
front yard setback of T6" for the Pack -Cell sign instead of 10
feet or to lower the height of the sign to 30 inches.
Mr. Vosough stated that automobiles parking in the space on
Birch Street in front of the building has caused accidents
inasmuch as a driver's sight distance is blocked when coming
out of the driveway. Mr. Edmonton stated that if the property
owner would submit a letter regarding the parking space, the
City would paint the curb red so that the parking space would
be eliminated.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Motion Motion was made to approve Exception Permit No. 37 subject to
the findings and conditions in Exhibit "A", and to amend
Condition No. 3 stating "That the two ground signs Shall either
be relocated on the site or lowered so that the signs do not
exceed a height of 30 inches. If relocated, the Pack -Cell sign
shall be set track at least 8 feet 6 inches from back of sidewalk,
and the second ground sign shall be set back at least 10 feet
from back of sidewalk:'
Commissioner Glover and Mr. Edmonston discussed requirements
for consistent sight distance for all signs throughout the City.
Motion was voted on to approve Exception Permit No. 37 subject.
All Ayes to the findings and conditions in ExhitNit "A", including amended
Condition No. 3 as suggested by Mir. hlewicker. MOTION
CARRIED.
ELN,DIN�S:
1. That the proposed signs are compatible with, surrounding
land uses.
2. That the existing signs will not have any significant
environmental impact.
3. That the existing signs are consistent with ' the character
and design of the existing structures on the subject
property.
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4. That the granting of this exception permit will not be
contrary to the purpose of Chapter 20.06 of the Municipal
Code and will not be materially detrimental to the healtil,
safety, comfort or general welfare of persons residing lit
the neighborhood, or detrimental or injurious to property
or improvements in the neighborhood, or to the general
welfare of the City.
5. That the approval of a modification to the Zoning Code,
so as to allow two ground signs to encroach into the
required 15 foot front yard setback will not, under the
circumstances of the particular case, be detrimental to the
health, safety, peace, comfort and general welfare of
persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property
and improvements in the neighborhood or the general
welfare of the City and further that the proposed
modification is consistent with the legislative intent of
Title 20 of this Code, provided adequate sighs distance is
maintained.
1. That development shall be in substantial conformance with
the approved plot plans and elevations except as noted
below.
2. That the applicant shall obtain a building permit for the
existing signs.
3. That the two ground signs shall either be relocated on the
site or lowered so that the signs do not exceed a height
of 30 inches. If relocated, the Pack -Cell sign shall be set
back at. least 8 feet 6 inches from back of sidewalk, and
the second ground sign shall be set back at least 10 feet
from back of sidewalk.
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SUBJECT: Exception Permit No 37 (,Public HegdWl
Request to permit the retention. of an existing as -built sign which
represents the second ground sign on property Iocated in the; M-1-A
District, where only one ground sign per building site is permitted
The proposal also includes a modification to the Zoning Code so as
to allow the as -built signs to encroach up to 13 feet 8 inches ±
into the required 15 foot front yard setback.
LOCATION: Lot 46, Tract No. 3201, located at 4023 Birch Street, on the
northwesterly side of Birch Street, between Dove Street and Quail
Street, across Birch Street from the Newport Place Planned
Community.
ZONE: M-1-A
APPLICANT: . George Souleles, Laguna Niguel
nformance with the General Plan
The subject property is designated for "Administrative, Professional and Financial
Commercial" use by the Land Use Element of the General Plan, The existing
freestanding signs are being utilized in conjunction with the two commercial buildings
on -site.
Subject Proper and uoundine Land Uses
The subject property is 100 feet wide and ?90 feet deep with land area of 29,000 square
feet. The subject property is currently developed with a multi -tenant, light industrial
building, a detached storage building and related parking area. To the northeast,
northwest, and southwest are existing office buildings and related parking areas; and to
the southeast, across Birch Street, are commercial office uses.
Dackground
On February 22, 1990, the Planning Commission approved Use Permit No. 3374, a
request to permit the establishment of a facility that specializes in the sales, service and
installation of automobile cellular phones on the subject property located in the M-1-A
District. The Planning Commission conditioned the facility subject to the following
Condition No. 4 related to the existing signs on the subject property:
"That the existing as -built identification sign belonging to the subjee; facility shall
obtain a building permit issued by the Building and Planning Departments in
conformance with the Sign Ordinance of the Municipal :ode."
The owner of the subject property has elected to process an exception permit for the
second ground sign.
the large plot plan. The City Traffic Engineer has indicated that the existing location
of both signs impairs the sight distance of person:) in vehicles exiting the subject property,
which creates a hazardous situation. The City Traffic Engineer has recommended that
the signs be relocated to a distance of .at least 10 feet from back of the sidewalk so as
to improve the visibility and to comply with the sight , distance requirements of City
Standard 110-L. Staff concurs with the recommendation of the Traffic Engineer and also
offers another alternative that the signs could be consolidated into a single structure
which could be either relocated or reconstructed in compliance with sight distance
requirements.
:
IMP _ s r: rrr
In accordance with Section 20.00.090B of the Newport Beach Municipal Code, in order
to grant an exception permit, the Planning. Commission must find that the granting of
such permit is necessary to protect a substantial property right, will not be contrary to
the purpose of Chapter 20.06, and will not be materially detrimental to the health, safety,
comfort or general welfare of persons residing in the neighborhood, or detrimental or
injurious to property or improvements in the neighborhood, or to the general welfare of
the City.
findings and conditions set forth in the attached Exhibit "A" are suggested. However, if
the Planning Commission desires to deny the Exception Permit No. 37 but approve , the
modification portion of this application to allow the ` encroachment of a sin ie sign
structure which encroaches into the required 15 foot front yard setback, the rind ngs and
conditions set forth in the attached Exhibit "B" are suggested. However, if the Planning
Commission desires to deny this application in its entirety, the findings set forth in the
attached Exhibit "C' are suggested.
PLANNING DEPARTMENT
JAMES D. HEW7CKER, Director
By
AVIER S. ARCIA
Senior Planner
EXHIBIT"A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
EXCEPTION PERMIT NO. 37
(approves application as proposed,
but maintaining sight distance)
EINDINGS:
1. That the proposed signs are compatible with surrounding land
uses.
2. That the existing signs will not have any significant
environmental impact.
3. That the existing signs are consistent with the character and
design of the existing structures on the subject property.
.,
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EXHIBIT "B"
FINDINGS AND CONDITIONS OF APPROVAL FOR
EXCEPTION PERMIT NO. 37
(allows one sign to encroach but denies
thy; exception for more than one sign)
(FINDINGS:
1. That the allowance of a single sign is cons-patible with
surrounding land uses.
2. That the redesign of the sign to consolidate the two existing
signs will not have any significant environmental impact.
3. That the redesign of the sign to consolidate the two existing
signs will be consistent with the character and design of the
existing structures on the subject property.
EXHIBIT "C"
FINDINGS FOR DENTAL.
EXCEPTION PERMIT NO. 37
(denies the application in its entirety)
T IN * :
1. That the Planning Commission determined that hn this
case, the existing location of the signs ' in the required
15 foot front yard setback is detrimental to persons,
property and improvements in the neighborhood, and
that the applicant's request would .not be consistent
with the legislative intent of Title 20 of the Newport
Beach Municipal Code.
2. That there are no exceptional or extraordinary
circumstances involved with the property which make
two ground signs necessary to achieve the
identification of the subject property or buildings.
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_f.Qn AuunS&s:
Mquest
£or
James Hewi Planning Director, requested that Item No. 3,
A
Continuance
General Plan ment No. 89-2. (D), Amendment No. 683,
and Tentative Map of 'T No. 14120, Todd Schooler and Steve
McCluer, ' applicants, grope ocated at 1900 West Balboa
Boulevard, be continued to , th arch 8, 1990, Plannin3
Commission meeting to allow staff adds time to review the
application.
motion
Motion was made and voted on to continue Item No. the
All AY°"
March 8, 1990, Planning Commission meeting. MOTI
CARRIED.
Use Permit No. 1314 (Public Hearing)
Item No.1
Request to permit the establishment of a facility (fiat specializes
UP3374
in the sales, service and installation of automobile cellular
phones on property looted in the M-1-A District,
Approved
LOCATION: Lot 46, Tract No.3201, located at 4023 Birch
Street, on the northwesterly side of Birch
Street, between Dove Street and Cbmil
Street, across Birch Street from the Newport
Place Plann d Community:
ZONE: M-1-A
APPLICANT: Pack -Cell, Newport Beach
OWNER: George Souleles, Irvine
The public hearing was opened in connection with this item, and
Mr. Shiram Vosough, applicant, appeared before the Planning
Commission wherein he concurred with the findings' and
conditions in Exhibit "A".
In response to questions posed by Commissioner Edwards with
regard to, letters from the Code; Enforcement Division notifying
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ROLL CALL
Motion
All Ayes
�e applicant to apply for a use permit at the subject location,
4r. Vosough explained that he did not understand that the use
trmit'was not transferable from his previous location at 4001
3irch Street to the `subject location.
Chore being no others desiring to appear and be heard, the j
)ablic hearing was closed at this time.
Motion was made to approve Use Permit No. 3374 subject to the
findings and conditions in Exhibit "A".
Commissioner Edwards supported the motion; however, he
explained that Condition No. 9 permits the Planning Ctrnm ssion
to add or modify conditions of approval to the use permit if it
is determined that the operation is detrimental to the community.
Motion voted on, MOTION CARRIED.
Fi gs:
1. That the proposed application is support service in nature'
and not an intensification of use of the existing structure,
and as such, is consistent with the Land Use Element ofII
the General Flan and is compatible with surrounding land
uses.
2. That . adequate parking exists oft -site for the proposed
development.
3. That the establishment of the subject business .will not
have any significant environmental. impact. !�
4. That the approval of Use Permit No.;3374 will not, under !I
the circumstances of this case, be detrimental to the
health, safe a, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood or be
detrimental or ' injurious to property and improvements in
the neighborhood or the general welfare'.of the City.
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Conditions:
1. That the proposed development shall be in substantial
conformance with the approved plot plan and floor plans,
except as noted below.
2. That should the parking lot require restriping, the parking
lot layout shall be prepared and the striping shaU be
marked with approved traffic markers or painted white
lines not less than 4 inches wide and shall be approved by
the City Traffic Engineer prior to the continuation of the
subject business.
3. That all installation, testing and demonstration automotive
sound, communications and alarm systems shall be
conducted within the building and no outdoor display shall
be permitted.
4. That the existing as -built identification sign belonging to
the subject facility shall obtain a building permit issued by
the Building and Planning Departments in conformance
with the Sign Ordinance of the Municipal Cade.
5. That all mechanical equipment and trash areas shall be
screened from Birch Street and adjoining properties.
6. That no outdoor sound system shall be utilized on -site.
7. That all employees shall park on -site at all times.
8. That a minimum of 12 parkingspaces shall be provided
in the parking lot for the subject facility.
9. That the Planning Commission may add or modify
conditions of approval to this use permit, or recommend
to the City Council the revocation of this use permit, upon
a determination that the operation which is the subject of
this use permit causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare
of the community.
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CITY OF NEWPORT BEACH
HALL t'.d41:.1...
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INDEX
10. This use permit shall expire unless exercised withli
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
it No. 3376(Public flgarj
Item No.2
R est to establish a church facility including a .100t seat
vP3376
san ry, a reception room and kitchen, administrative offices,
bathroo s, and miscellaneous storage and service preparation
r, roved
areas with an existing commercial building located in the C-N-
H District.
LOCATION: Lots 5 and 6 and a portion of Lot 7, Tract
No. 4225, located at 1723 Westcliff Drive, on
e southwesterly side of Westcliff Drive,
be een Irvine Avenue and Dover Drive, in
the estcliff area.
ZONE: C-N-H
APPLICANT. So— Matthew's raditional Episcopal Church,
Corona del Ma
OWNER: Westcliff Center As ciates, Newport Beach
Commissioner Pers6n and James Hewicker, fanning director,
discussed the provision that allows a church a commercial
district as long as adequate parking is provided
Commissioner Glover and Commissioner Edwards dis sled their
concerns with Don Webb, City Engineer, regarding t traffic
congestion that could be created by the subjectchurch d St.
Andrew's Church on Sunday mornings. Don Webb, City En gr r,
explained that based on tic size of the church's congregau
there would not be an impact of traffic on Westcliff Drive an
17th Street.
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FIRE DEPARTMENT -PLANS ON FILE IN PLANNING DEPT.
X PLAN REVIEW DIVISION
_PARKS & RECREATION
_..-POLICE DEPARTMENT
,..._MARINE SAFETY
—GRADING
APPLICATION OF: George Souleles
FOR: Exception Permit No. 37
REQUEST TO: Permit the retention of an existing as -built sign which
represents the second freestanding ground sign on property
located in the M-1-A District, where the Sign Cade limits the
number of freestanding signs to one sign per building site.
The proposal also includes a modification to the Zoning Code
so as to allow the as -built sign to encroach 9± feet into the.
required 15 foot front yard setback.
LOCATION: 4023 Birch Street
REPORT REQUESTED BY: March 26, 1990
COMMISSION REVIEW: April 5, 1990
COMMENTS:_,LC%
_,ADVANCE PLANNING DIVISION
,,PL1i3LTC�irVO1tKS,D.EPAR I'MENT X PLANS ATTACHED (PLEASE Z2I 'TURN)
.,,.,.1'II2E_DEPARTMEN'I' PLANS ON FILE IN FLANNINO i)EP'I'.
X PLAN REVIEW DIVISION
PARKS & RECREATION
—POLICE DEPARTMENT
_MARINE SAFETY
—GRADING
APPLICA770N OF: George Souleles
FOR: Exception Permit No. 37
REQUEST TO: Permit the retention of an existing as -built sign which
represents the second freestanding ground sign on property
loeuted in the M-1-A District, where the Sign Code lim(tix the
number of freestanding signs to one sign per building site.
The proposal also includes a modification to the Zoning Code
so as to allow the as -built sign to encroach 9± feet into the
required 15 foot front yard setback.
LOCATION: 4023 Birch Street
March 26, 1990
April 5, 1990
T
-t.VJP1yr
PARKS & R - CR AVON
—POLICE DEPARTMENT
—MARINE SAFETY
—GRADING
APPLICATION OF: George -'.)ttleles
FOR: Exception Permit No. 37
REQUEST TO: Permit the retention of an existing as -built sign which
represents the second freestanding ground sign on property
located in the M-1-A District, where the Sign Codelimits the
number of freestanding signs to c.n%-, sign per building site.
The proposal also includes a modification to the Zoning Code
so as to allow the as -built sign to encroach 9± feet into the
required 15 foot front yard setback.
LOCATION: 4023 Birch Streei
REPORT REQUESTED BY: March 26, 1990
COMMISSION REVIEW: April 5, 1990
COMMENTS:
This projeci has been reviewed, and it has been determined that it is categorlea(ly exempt under
the requirements of the California Environmental Quality Act.
Notice is hereby further given that said Public hearing will be held on the a day of Argil 192
at the hour of 71M p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport
Boulevard, Newport Beach, California, at which time and place any and all persons interested may
appear and be heard thereon. If you challenge this project in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City at, or prior to, the public hearing. For information
call (714) 644-3200.
Janice A. Debay, Secretary, Planning Commission, City of ,Newport Beach.
NOTE: The expense of this notice is paid from a filing fee collected from the applicant.
AP: 427-131-08
Irvine.Indu�ri.al Complex
17890 S •'5ark Blvd
Irv' e CA 92714
AP: 427-131-11
Irvine In trial Complex
17890 y Park Blvd
Irvine CA 92714
AP: 427-131 li
Irvine ustrial Complex
P.O. x 10176
Co a Mesa, CA 92627
AP: 427-131-09
Irvina 1ndunti�.. bl Oonpler.
2101 ikOvp, 8
New 3each Ca 92660
AP: 427-.131-12.
Irvine Industrial Comglex
4043 Birch St
Newport Beach :a 9266E
AP: 427-131-16 -'
Irvine Indufal Ccx�plex
1100 W. can Front
Bal!Xst , CA 92661
AP: 427-131-01
Irvine Indust Complex
).7890 Sk r� k Blvd
Yrvi CA 92714
AP: 427-131-1
Irvine In trial Complex
17890 cy Park Blvd
Ir 'ne CA 92714
AP:, 427-131714
Irvine Industrial Complex
F.O. Box 10176
Costa Mesa, Ca 92627
AP c 427-141- 01
South Bay Club
2222 Corinth Ave
Los Angeles, CA 9CO64
1193, 08'
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