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Home My WebLink About2690 San Miguel (PA2004-118)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 August 19, 2004 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner rung 0 city. newport- beach. ca. us (949) 644 -3208 SUBJECT: Appeal of Modification Permit No. 2004 -042 2600 San Miguel Drive (PA 2004 -118) APPLICANT: Southwest Sign Company representing The Irvine Company RECOMMENDATION Deny the appeal by upholding and affirming the decision of the Modification Committee to deny Modification Permit No. 2004 -042. BACKGROUND The Newport Hills Shopping Center is located at the southeast corner of Ford Road and San Miguel Drive. The subject property is an irregular- shaped lot and is located in the PC (Harbor View Hills Planned Community, Area 14) District. The Planned Community District Regulations contain criteria for commercial signage and allow businesses to have a 4 -foot high identification ground sign for each street frontage. In 1994, the center was developed and two center identification monument signs were constructed. The 4 -foot monument signs were placed at the two main entrances to the center, one on San Miguel Drive and the other one on Ford Road. The monument signs are considered off -site signs as they are located on separate parcels owned by the Bank of America and Union 76 Service Station and are not a part of the shopping center's property. On March 12, 1996, the Modifications Committee considered and approved, Modification Permit No. 4422, a request to remove and replace the two existing monument signs with two new 8 -foot high monument signs. The new signs were located at the same entrances to the center but on opposite sides of the driveways. The monument signs contained names of the center and two major tenants (Pavilions and Crown Ace Hardware). MD2004 -042 August 19, 2004 Page 3 On December 1, 2003, the applicant filed a Modification Permit application to remove the two existing 8 -foot high monument signs previously approved in 1996 and to construct two new 9 -foot 6 -inch high monument signs. The application also requested permission to add a third 4 -foot high, off -site shopping center sign to be located on the service station property, at the southeast corner of Ford Road and San Miguel Drive (2690 San Miguel Drive). On December 17, 2003, the Modifications. Committee considered and denied the applicant's request. On May 20, 2004, the applicant filed the latest Modification Permit, requesting an approval to construct a third off -site shopping center identification monument sign for the Newport Hills Shopping Center, to be located at the same location previously proposed. On June 9, 2004, the Modifications Committee voted 3 -0 to deny the request. The applicant disagrees with the Modifications Committee's action, and on June 23, 2004, the applicant filed the subject appeal. On July 14, 2004, the applicant requested that the appeal hearing be continued to the August 19, 2004 Planning Commission meeting. The rationale behind the Modifications Committee's action (see Exhibit 1) was that the addition of a third monument sign would not address any additional need or serve the purpose of providing project identification to the surrounding neighborhood. The center already has two very visible identification signs, which are located at the main entrances to the center on San Miguel Drive and Ford Road. These streets provide main access points to the center and are the more heavily traveled roads of the neighborhood. The proposed location of this sign would not provide any additional center identification as the sign would not be readily visible to vehicular traffic traveling on Ford Road or San Miguel Drive. The portion of Ford Road that would benefit the most from the location of the proposed monument sign is traveled mainly by persons that reside in the area and who would be expected to know of the location of the shopping center. Furthermore, the project identification signs have already been increased in size, as authorized by the previous approved Modification Permit, to allow the two 8 -foot tall freestanding monument signs at the two main entrances of the shopping center where the Harbor View Hills Planned Community District regulations limit the maximum height to 4 feet. The approval of a third sign would exceed the District's project identification ground sign allowance as the regulations limit one identification sign per street frontage. MD2004 -042 August 19, 2004 Page 4 Lastly, the addition of a third monument project identification sign could set a precedent for the approval of other similar requests, leading to a proliferation of signs, which could be detrimental to persons, property and improvements in the neighborhood. The applicant is requesting that the Planning Commission consider their appeal and approve the request to allow a third shopping center identification monument sign. The applicant cites the following supporting factors for the appeal: The shopping center buildings are set back from the public streets. The gas station at the comer obscures visibility into the shopping center from the intersection. The proposed sign is designed to provide project identification and bring into view the recently upgraded architectural appearance of the entire center not visible with the configuration of the property. The property would be greatly enhanced by the addition of this low architectural wall type monument sign which has been designed to fit properly into the radiused landscape area and provide a focal point for this project other than the back of the gas station. An upscale and upgraded image of the center and area is promoted by the look and placement of this proposed sign. Please refer to Exhibit 2 for further information. In conclusion, staff recommends the Planning Commission uphold the Modifications Committee's decision. Public Comments Staff received a letter dated July 20, 2004, from Ms. Peggy Stairs of Seawind Association, expressing her concerns of the proposed application. Environmental Review The project qualifies for a Class 3 (New Construction or Conversion of Small Structures) exemption from the California Environmental Quality Act. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. MD2004 -042 August 19, 2004 Page 5 ALTERNATIVES The Planning Commission has the following additional options: 1. Grant the appeal and approve Modification Permit No. 2004 -042 as requested by the applicant. 2. Approve a modified design of the sign through approval of the Modification Permit. 3. Refer the project back to the Modifications Committee for further consideration. Prepared by: salinh M. Ung, so iate Planner Submitted by: i Pik AA+ Patricia L. Temple, Pfanning Director Exhibits: 1. Modification Permit Letter dated June 9, 2004 2. The Appeal Application 3. Public Comments 4. Plans EXHIBIT 1 MODIFICATION PERMIT LETTER DATED JUNE 99 2004 .0 June 9. 2004 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 MODIFICATION PERMIT NO. MD2004 -042 (PA2004 -118) Staff Person: Javier S. Garcia 644 -3206 Appeal Period: 14 days after approval date Southwest Sign Company Attn: Gus Mohler 1540 Commerce Street, Suite G Corona, CA 92880 Application No: Modification Permit No. MD2004 -042 (PA2004 -118) Applicant: Address of Property Involved: Legal Description: Southwest Sign Company 2600 San Miguel Drive Parcel 2 of PM- 119-49 The Modifications Committee denied the applicant's request to permit the installation of an off -site project identification sign on the corner of Ford Road and San Miguel Drive (located at 2690 San Miguel Drive). The shopping center already has two existing project identification signs located at the two main entrances to the center on San Miguel Drive and Ford Road. The property is located in the PC (Harbor View Hills Planned Community) District. On June 9, 2004, the Modifications Committee unanimously disapproved the subject application, (3 noes and 0 ayes) and made the following findings for denial: FINDINGS FOR DENIAL: The Modifications Committee determined that in this case, the proposal would be detrimental to persons, property and improvements in the neighborhood. In addition, the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Harbor View Hills Planned Community Development Regulations for the following reasons: • The approval of a third project identification sign located on a separate parcel would not provide any. additional identification to the center and would not be readily visible to vehicular traffic traveling on Ford Road or San Miguel Drive. A June 9, 2004 Page 2 • The project identification signs have increased incrementally (as authorized by previous modification permits) to allow the two 8 -foot tall freestanding monument signs at the two main entrances of the shopping center where the Harbor View Hills Planned Community District regulations limit the maximum height to 4 feet. The number of signs is in compliance with the regulations limit of one monument sign per street frontage. • The addition of a third monument sign would not serve any additional need or purpose of providing project identification to the surrounding neighborhood because the center already has two project identification monument signs located at the main entrances to the center on San Miguel Drive and Ford Road, which are the more heavily traveled roads of the neighborhood. In the Committee's opinion, the portion of Ford Road that would benefit the most from the location of the proposed monument sign is traveled mainly by persons that reside in the area and who would be expected to know of the location of the shopping center. • The addition of a third monument project identification sign could set a precedent for the approval of other similar requests, leading to q proliferation of signs which could be detrimental to persons, property and improvements in the neighborhood. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by'a filing fee of 915.00. Please contact the Planning Department for full particulars. MODIFICATIONS COMMITTEE By Qlvva J S Garcia, AI , Senior Planner Chairperson JG:jjb. c: The Irvine Company, property owner 550 Newport Center Drive Newport Beach, CA 92660 Attachments: Vicinity Map Appeared in Opposition: None Appeared in Support: None FAUSERS\PLN \Shared \PA's \PAs - 2004\PA2004- 118 \MD2004 -042 Deny.doc VICINITY MAP Nam Modification Permit No. MD2004 -042 PA2004 -118 2600 San Miguel Drive 0 EXHIBIT 2 THE APPEAL APPLICATION ib C17Y OF NEWPORT BEACH � ,Y APPLICATION TO APPEAL DECISION OF TfiE : PA2004 -118 for MD2004 -042 Application No, 2600 San Miguel Drive Southwest Sign Company Name of Appellant jack Fovell or person filing: Address: 7540 Commerce St. #G, Corona, CA 92880 phone: 909- 734 -6275 Date of Planning DireeWs- decision: Lune 9 2004 Regarding application -of: Modification Permit Isla ND2004- 042(PA2004 -1 -1 i3)" for (Description of application filed with Staff) Installation of Ptoiect Identification monument sign at the corner of Ford Rd and San Miguel Dr. Reason. for Appeal: Ne y i• ®- -.� r• r ,.• .:•• P• • , ,, • • it s• • - • r- r„ -•• u r•r• a �.- ..•e , -r r. rir- e • r♦ ♦- •r. ••: •. �:. • •� •i :, , r...r r � � •r. .nv or FOR OFFICE USE ONLY Data Appeal filed and Administrative Fee received: 20 Hearing Date. An appeal shall be scheduled for a hearing before the Planning Commission +within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.050) ca Appgfiant Planning (Famish one set of mailing labels for malling) File APPEALS: Municipal Code Sec. 20.95.0408 Appeal Fee: 00 pursuant to Resolution No. 98-52 adopted on 7 -27 -98 (Deposit funds with Cashier In Account #2700 - ,5000) \\ CAi: 1 —,.,P1 MAl mrmRFnrW& anr3mnld r- AmLallfamjSkSlaffea>3eal.4oC July 20, 2004 FILE COPY Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 926 Re: Appeal of Third Sign in Shopping Center by Southwest Sign Co. San Miguel and Ford Road M02004 -042 To Whom It May Concern, I was present at the original hearing for the new signs desired by the hvine Company for the Newport Hills Shopping Center. I am still concerned about the excess number of signs "popping up" everywhere in this residential area and continue to question the necessity of the additional (third) sign on the corner of San Miguel and Ford Road. There is still no need for an additional sign on the corner. If this appeal includes the enlargement of the two existing entry signs, I do not believe there is sufficient reason to make these signs larger. The homeowners who live here know where it is, the people using the park can see the entire shopping center, and the cars whizzing by on Bonita Canyon will not be able to see the sign through the park. Additionally, all of Newport Coast already knows about the shopping center because it is where they shopped for 3+ years when there was no shopping center for thousands of residents. There seems to be no reason to have another sign or to have larger signage at this location. The Notice of Public Hearing, which has been posted, in no way notifies the affected residents. The signs have been placed parallel to the street and are only visible to people who happen to be passing by on foot. I did not receive a notice in the mail, although Mrs. Weber from Port Lerwick did, nor am I aware of any notification to our homeowners association. Thank you for you consideration in this matter. Sincerely, /— Peggy Stair RECEIVED BY Seawind Association PLANNING DEPARTMENT CITT OF NEWPOflT BBAC - JUL 2 1 2004 AM 19 1 1 0 11 1 11 2 11 1 141516 x= - �o �p 8T 4 { 1 I I F 4 m 4� l W F ~_I Z x W Z O � a O w= � ° H .s -,e 'a H LN �s < q V 7 Op`2 �w mgt eAo omw r a ng0 � `5 � 2 § |� ( ` / k — ». � � , \ � kd ` � _ \ / A / / §/ % _� � § � • | § � §§ � � � ( �2 § { \ |� ] � 2 ( §| |( !) || � 7 %� § � § § §� � § \ q§ §� §§ � ��| k (q� � /§§§ | \k§k| // || /�§$ 2|k \§ � !§�§$| § � � . § . . | §| � . \- �\§ . . . §§§| !§ � r' K SNIP P/ Z All .. r' K Ze1 1? �' 1�1 tlelv f. If. 'i