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HomeMy WebLinkAboutZA2024-055 - APPROVING A COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT LOCATED AT 363-371 OLD NEWPORT BOULEVARD (PA2024-0046)RESOLUTION NO. ZA2024-055 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COMPREHENSIVE SIGN PROGRAM AND MODIFICATION PERMIT LOCATED AT 363-371 OLD NEWPORT BOULEVARD (PA2024-0046) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Joe Gerard (Applicant) concerning property located at 363-371 Old Newport Boulevard, and legally described as Assessor’s Parcel Number 425-272-01 (Property), requesting approval of a comprehensive sign program and modification permit. 2. The Applicant is requesting approval of a comprehensive sign program (CSP) and modification permit to authorize signage for an existing two story commercial multi- tenant building. The applicant is seeking the following deviations from Chapter 20.42 (Sign Standards) of the Zoning Code: Comprehensive Sign Program a) The installation of four pedestrian oriented signs (Signs 4A-4D), where Zoning Code allows a maximum of one pedestrian oriented sign per site; b) The installation of two internally illuminated business directory wall signs (Signs 5A and 5B), where the Zoning Code allows only one non-illuminated business directory wall signs per multi-tenant site; c) The installation of one non-illuminated business directory sign at 10 square-feet, where the Zoning Code allows one non-illuminated business directory wall sign per multi-tenant site at maximum 8 square-feet; and d) Signs located on adjacent walls (Signs 1A and 1D) on the same building will not be separated by a minimum of 30 feet measured along the exterior walls of the building. Modification Permit a) The installation of three wall signs attached to the sloping face of the roof on the Old Newport Boulevard frontage (Signs 1A-1C). The Zoning Code requires approval of a modification permit for wall signs attached to a sloped roof; and b) The increase of sign area for two directory signs (Signs 5A and 5B) for the frontage facing Hospital Road and Newport Boulevard. Both directories have a proposed sign area of 15 square feet, where the Zoning Code allows a maximum sign area of 8 square feet (approximately 88% increase for each sign). The Zoning Code only Zoning Administrator Resolution No. ZA2024-055 Page 2 of 11 allows an increase in sign area by no more than 30% through a Comprehensive Sign Program. Since the increase is above the threshold of a CSP, the request requires the approval of a modification permit (Project). 3. The Property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Office-General (OG) Zoning District. 4. The Property is not located within the coastal zone. 5. A public hearing was held on October 10, 2024, 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, Chapter 3 because it has no potential to have a significant effect on the environment. 2. Class 11 consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to signs. The Property is an existing commercial multi-tentant building that is proposing signage through a CSP. SECTION 3. REQUIRED FINDINGS. Comprehensive Sign Program Pursuant to 20.42.120 (Comprehensive Sign Program), a comprehensive sign program provides a means for the flexible application of sign regulations for projects that require multiple signs to provide latitude and incentive in the display and design of multiple signs. The Zoning Administrator may approve an increase in sign height by 20% above than what is allowed and an increase in sign area by 30% above than what is allowed. By Section 20.42.120 of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The proposed sign program shall comply with the purpose and intent of this chapter, any adopted sign design guidelines and the overall purpose and intent of this section; Zoning Administrator Resolution No. ZA2024-055 Page 3 of 11 Facts in Support of Finding: 1. The proposed CSP complies with the purpose and intent of Newport Beach Municipal Code Chapter 20.42 (Sign Standards) because it provides the commercial multi-tenant building with adequate identification based on the site’s unique building layout. The Property currently provides minimal wall area to provide for signage that could be visible to the public at an appropriate size. The existing multi-tenant commercial building was designed such that the roof overhang or drip line falls just above the window and doorframes which impacts the placement and visibility of wall signage. Additionally, the Property is located on the corner of a busy intersection where signage visibility is limited for ongoing traffic. 2. The proposed signs are designed to be compatible with the building design in terms of scale, size, and materials. The proposed wall signs will be attached to a sloping roof and placed above each unit’s lineal frontage. These signs are designed to effectively communicate a commercial message without creating sign clutter by using legible text that contrasts with the background. Additionally, the Project’s proposed window signs are below the maximum sign area allowed per Code and will effectively identify tenants. The proposed pedestrian oriented signs are necessary since there are multiple building frontages with various tenants. Finding: B. The proposed signs shall enhance the overall development and 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 Finding: 1. The number and location of signs will not contribute to an overabundance of signage that will have a detrimental effect on the neighborhood. The number of signs and its location are appropriate since the Property has multiple tenants located throughout the building and limited wall surface for several tenants. As a result, not all tenants have the capacity to identify themselves through the means of wall signs. In order to relieve this hardship, three window signs, including pedestrian oriented signs are proposed in this CSP. 2. All proposed signage will be in harmony with the character and architectural style of the existing building since it will not produce visible clutter of signage. Additionally, the proposed sign program is complimentary to the adjacent commercial building. The placement and size of the signs are complementary to the existing building layout and will comply with the limitations in the Sign Matrix included in Exhibit B. Zoning Administrator Resolution No. ZA2024-055 Page 4 of 11 Finding: C. The sign program shall address all signs, including permanent, temporary, and exempt signs; Fact in Support of Finding: 1. The CSP includes all project signage. Temporary and exempt signs not specifically addressed in the program shall be regulated by the provisions of Chapter 20.42. Finding: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; Facts in Support of Finding: 1. The CSP has been developed to be effective for commercial uses and allow flexibility for future changes in tenants. 2. It is not anticipated that future revisions to the CSP will be necessary to accommodate changes in tenants or uses. 3. Pursuant to Section 20.42.120, the Community Development Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. However, revisions that substantially deviate from the original approval shall require the approval of a new or amended comprehensive sign program by the Zoning Administrator. Finding: 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 Finding: 1. As previously noted, the CSP allows for deviations with regards to the type, number, and location of wall signs. 2. The Applicant is requesting four pedestrian oriented signs (Signs 4A-4D) when the Zoning Code only allows one per site. Due to several units being located within the interior of the building, and no alternatives to provide wall signs, the use of pedestrian oriented signs will allow visitors to identify the location of each unit. Zoning Administrator Resolution No. ZA2024-055 Page 5 of 11 3. The Applicant is requesting two internally illuminated business directory wall signs (Signs 5A and 5B), one for each of the Newport Boulevard and Hospital Road frontages, where the Zoning Code allows only one non-illuminated business directory wall signs per site. 4. The CSP 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 for the installation of three sloped roof signs attached to the building frontage of Old Newport Boulevard. Additionally, the modification permit request includes two internally illuminated, 15 square-foot business directory business directory wall signs (Signs 5A and 5B), where Zoning Code allows a maximum sign area of 8 square feet. Each of the two proposed business directories will result in an 88% increase in maximum sign area. 5. The CSP allows the sign area and number of signs to increase visibility to pedestrians and vehicular traffic traveling along Hospital Road, Newport Boulevard, and Old Newport Boulevard. Finding: F. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter; Fact in Support of Finding: 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; Fact in Support of Finding: 1. The content of the signs was not considered and the CSP does not contain any regulations regarding sign message content. Modification Permit Pursuant to Section 20.42.120 of the NBMC, deviations in sign height greater than 20% and sign area greater than 30% are subject to the approval of a modification permit. By Section 20.42.120, 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; Zoning Administrator Resolution No. ZA2024-055 Page 6 of 11 Facts in Support of Finding: 1. The Property is located in the OG (Office-General) Zoning District and is designated CO-G (General Commercial Office) by the General Plan. The Zoning District is intended to provide for areas appropriate for administrative and professional offices, retail, and personal services. The existing commercial development and the proposed signage is consistent with this land use designation. The proposed signage is ancillary to the primary use. 2. As previously noted, the proposed comprehensive sign program is complimentary to the adjacent commercial multi-tenant building existing signs on the adjacent property. Therefore, signage will not be detrimental to any surrounding owners and occupants, the neighborhood, or to the general public, and will be in scale with the existing building. 3. As required by Condition of Approval Nos. 10 and 11, the illumination of the two business directories (Signs 5A and 5B) facing Hospital Road and Newport Boulevard shall be appropriately installed to avoid creating a negative impact on surrounding land uses. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 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 existing two-story, multi-tenant commercial building was designed such that the roof overhang or drip line falls just above the window and doorframes which impacts the placement and visibility of wall signage. Without the proposed wall signs being mounted onto the sloping roof, it is difficult for effective signage to advertise the tenants along Old Newport Boulevard. 2. Due to the existing development’s unique building orientation and design, allowing signage on top of the sloping roof fronting Old Newport Boulevard is reasonable in this particular case in order to provide greater visibilty and uniformity for signage. 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; Zoning Administrator Resolution No. ZA2024-055 Page 7 of 11 Facts in Support of Finding: 1. The existing multi-tenant building layout currently limits the wall surface for several tenants. Therefore, the application of the sign standards would result in limited building sign size, and limited visibility for tenants that constitute a physical hardship inconsistent with the intent of the Zoning Code, which is to provide adequate visibility while not creating visual clutter. 2. Facts in support of Finding I are hereby incorporated by reference. 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. Fact 1 in Support of Finding I is hereby incorporated for reference. 2. The Project is necessary due to the design and architecture of the existing building. A modification permit is required to attach a sign to the sloping face of a hipped roof. Without the approval of a modification permit, the proposed signage would not be permitted. Due to the existing building’s unique architecture with low roof eaves, it is difficult to otherwise provide adequate tenant identification along Old Newport Boulevard. 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. Fact in Support of Finding: 1. The modification permit is for the purpose of signage for a commercial building in a commercial district. The Property is not in or adjacent to a residential district and will not be detrimental to the surrounding land uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds 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, Zoning Administrator Resolution No. ZA2024-055 Page 8 of 11 Title 14, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Comprehensive Sign Program and Modification Permit filed as PA2024-0046, subject to the conditions outlined in Exhibit “A” and in compliance with the Sign Matrix included as Exhibit “B,” which are both 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. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF OCTOBER 2024. Zoning Administrator Resolution No. ZA2024-055 Page 9 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. 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 cause the revocation of this Comprehensive Sign Program and Modification Permit. 4. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 5. 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 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. 6. All signs shall comply with the limitations specified in the Sign Matrix included in Exhibit “B”. 7. A building permit shall be obtained prior to commencement of installation of signs. 8. Any revisions that substantially deviate from the original approval shall require the approval of a new or amended comprehensive sign program and/or modification permit by the Zoning Administrator. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 10. All signs shall be illuminated in accordance with the provisions of Section 20.42.060 (H) of the Zoning Code. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director Zoning Administrator Resolution No. ZA2024-055 Page 10 of 11 of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Prior the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 14. 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. 15. 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. 16. 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 363 Old Newport Boulevard Comprehensive Sign Program and Modification Permit (PA2024-0046). 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 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. Fire Department 17. New tenant signage shall not hide or impair the building address for emergency response. Zoning Administrator Resolution No. ZA2024-055 Page 11 of 11 Building Division 18. Signs shall demonstrate compliance with 2022 California Energy Code. 19. Structural anchorage shall be required for signs. Exhibit “B” SIGN PROGRAM MATRIX NOTES/REQUIREMENTS a) All signs shall substantially conform to the approved attached sign matrix. b) 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. OLD NEWPORT BLVD FRONTAGE HOSPITAL ROAD & NEWPORT BLVD FRONTAGE Sloped Roof Wall Signs (Signs 1A-1C): Maximum number: 3 Maximum Sign Area: 15 square feet per sign Placement: On sloped roof per approved plans Window Signs (Signs 2A-2C) Maximum number: 3 Maximum Sign Area: 20% of each window area Placement: Per approved plans Business Directory Multi-tenant Signs (Signs 5A-5B): Maximum number: 2 Maximum Vertical Dimension: 60 inches Maximum Sign Area: 15 square feet per sign Placement: Per approved plans Illumination: Yes SOUTH ELEVATION BUILDING INTERIOR Tenant ID Wall Sign (Sign 1D): Maximum number: 1 Maximum Vertical Dimension: 36 inches Maximum Sign Area: 15 square feet Placement: Per approved plans Illumination: No Business Directory Multi-tenant Sign (Sign 3A): Maximum number: 1 Maximum Vertical Dimension: 48 inches Maximum Sign Area: 10 square feet Placement: Per approved plans Illumination: No Pedestrian Oriented Signs (Signs 4A-4D): Maximum number: 4 Maximum Vertical Dimension: 12 inches Maximum Sign Area: 3 square feet per sign Placement: Above entry door of interior units (per approved plans)