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HomeMy WebLinkAboutJohn Blom Photography MuralCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 April 22, 2004 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3219, campbellCcDcity.newport- beach.ca.us SUBJECT: John Blom Photography Mural 3732 E. Coast Highway INITIATED BY: Planning Department ISSUE Is the mural located on the exterior of the west elevation of the building occupied by John Blom Photography located at 3732 E. Coast Highway a sign subject to applicable sign regulations? DISCUSSION Code Enforcement staff has cited the referenced business and property with a violation of the Sign Code (Chapter 20.67 of the Municipal Code). The citation is based upon the determination that the painted mural constitutes a sign and its size violates applicable area limitations (Exhibit No. 1). Staff has discussed the situation with John Blom Photography in light of previous Planning Commission actions. However, rather than apply for the required Modification Permit, the business owner appealed the decision of the Planning Director. As noted, Chapter 20.67 regulates signs and it includes provisions related to murals as signs. Section 20.67.020 contains the following definitions that apply: Sign: Any device, figure, fixture, placard, or structure that uses any color, form, graphic, illumination, gesture, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Mural: See Super Graphic. Super Graphic: A large image or design painted or affixed to the exterior surface of a structure. John Blom Photography Mural Sign April 22, 2004 Page 2 Wall Sign: Any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Section 20.67.025 (General Provisions), also applies: B. Sign Area Computation. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention shall be used to calculate sign area. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. In the case of "skeleton" or "cut -out" letters or signs placed on a wall without any borders, the sign area shall be the sum of the area of all letters, words, or symbols which can be contained in straight lines drawn around all such letters, words, or symbols. Only one face of a double face -faced sign shall be counted in computing the permitted area of the sign. If the sign is multi- faced, than each face shall be counted in computing the permitted area of the sign. 1.4 Murals and Super Graphics. A mural or super graphic is a sign only if it is related by language, logo, or imagery to the advertisement of any product or service or the identification of any business. Using Section 20.67.025.1.4, the definitions cited above and the content of the mural, staff concluded that the mural is a wall sign that is subject to other development standards. The sign is approximately 400 square feet in area (Exhibit No. 2) and it exceeds the maximum 200 square foot area limit for a wall sign per Section 20.67.030.C.3.6(1). The area was estimated using the methodology prescribed by Section 20.67.025.13 in the field by Code Enforcement staff since no plans are available. The area of debate lies in evaluating the content of the mural in the determination that the mural is a sign per Section 20.67.025.1.4. The sign can be broken down into three components, two of which are murals and the other is a more traditional business identification sign. There is no dispute regarding the oval wall sign with the dark letters on the light background. The two sections of the mural are the film negative with business logo below the identification sign and the 5 pictures clipped to the line. The imagery of both of these portions of the mural clearly relate to photography, which is the clearly related to the nature of the business conducted. The mural advertises the business, attracts attention to it and communicates information to the public. In essence, the mural meets the definition of a sign. The content of the mural is only necessary to determine whether or not it constitutes a sign and the content of the mural is not being regulated. The application of the sign area limitation also does not regulate the content of the mural sign; it relates to its size only. John Blom Photography Mural Sign April 22, 2004 Page 3 The issue of murals as signs was discussed by the Planning Commission in late 1995 and early 1996 in conjunction with the approval a sign program for the shopping center located at the northeast corner of MacArthur and Corinthian Way. A large mural was proposed for the back of the commercial building that included images of products or services available on site. Although a graphic. of the mural is not available, the mural contained images of coffee and bagels and a coffee shop was one of the original tenants of the small complex. The Commission determined that the images constituted advertising for on -site products or services and therefore mural was a sign. The applicant chose to eliminate the images from the mural and the mural was installed and it remains today. Staff has attached the minutes of the past meetings for review (Exhibit No. 3). This past determination is important in that staff has maintained the same application of the Sign Code related to this mural sign in Corona del Mar. CONCLUSION & RECOMMENDATION Staff believes that the mural is a sign and therefore it must comply with applicable development standards, specifically in this case, sign area. Staff requests that the Planning Commission concur with this determination. Should that be the Commission's action, the business has the following options to pursue: Reduce the size of the sign below 200 square feet and apply and receive sign approval from the City. 2. Apply for a Modification Permit to the area standard. If such a permit were granted, the City will not be able to regulate the content or quality of the sign for this or future businesses. Staff has strong reservations about the possible approval of a 400 square foot mural sign given the lack of ability to control content for future changes or alterations to the mural sign (i.e. the attractive mural of today can become an unattractive one without City controls). Should the Planning Commission conclude that the mural is not a sign; no permit is required since the City does not regulate non -sign murals. Staff believes this action would set a poor precedent that would be detrimental to the City's ability to implement the Sign Code. The likely outcome would be the proliferation of murals for the purpose of advertising. Prepared by: lynes W. Campbell, Sehor PI ner Submitted by: V' Patricia L. Temple, Panning Director John Blom Photography Mural Sign April 22, 2004 Page 4 EXHIBITS Photographs "2. Sign area calculation prepared by Code Enforcement staff 3. Minutes from December 7, 1995 & January 4, 1996 11: Blom Plloms�37132 ECH- f3l,m photos.doc EXHIBIT I 2 .. / \^ . : . . . . � � � \/� \�~ `4 .� . , . . \2 ~^ ^ y 6 y7 EXHIBIT 2 0 COMMISSIONERS y�9 /�0 CITY OF NEWPORT BEACH MINUTES December 7, 1995 --ROLL — CALL INDEX SUBJECT. Sanderson J Ray Development - Corinthian Item 9 4343 MacArthur Boulevard • Modification No. 4376 Modification No. 4376 Establishment of a sign program in conjunction with the construction of new commercial center, on property located in the Newport Place Planned Community District. Staff stated that this item was originally submitted to the Modificatiov Partial Committee for approval. It is a comprehensive sign program fora Approval an. retail commercial development. Given the plan and elevation shown on the board, it is the kind of proposal that the Modification Committee did partial continuance feel entirely comfortable approving and wanted the advice and ultimate ' decision of the Planning Commission. In Newport Beach there is no architectural review to address situations as design or colors. The items ar additional signs, height and numbers that are presented in the sign program. Chairman Ridgeway commented that this illustrates a need to revisit the sip criteria in the City of Newport Beach. Since we are in a zone change mode he urges that this sign criteria be addressed He continued by stating similar past instances concerning sign criteria Staff pointed out that the comprehensive look planned for the zoning cod is an important project and to combine a comprehensive re -visit to the ' code has the potential to bog that entire program. It is understood tlu desire to revisit the sign provisions, a number of committees including thi Balboa Peninsula Planning Advisory Committee has made comments in thi area. It is important for staff to receive direction and for a priority to tx established for that project. As a matter of preference and desiring to go some of the more comprehensive amendments to the zoning cod accomplished, comprehensive amendments to the sign codes tend to take years rather than months. It is staffs choice to address this as a separate project but perhaps as a follow up issue to the zoning ordinance. Staff was available for Commission questions. -53- 1� COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES December 7, 1995 - ROLL- -..... CALL _ INDEX Public Hearing was Opened. Mr. James W. Ray, of Sanderson J. Ray Development 2699 White Road Irvine - addressed the Commission stating they are aware of the unusua architecture. This is a serious effort by his group to create a meaningib project. He expressed concern in two areas of the staff report in respect t the signage. He then referred to the placement of the signs in question or the exhibited boards. There are six signs which come down the corrugatec sided panel, shown to be 28 inches which staff feels is excessive. This pane is integrated to the structure of the building. They are agreeable to redw the height of those signs from 28 inches to 24 inches and agreeable to causo the area occupied to be reduced prorata. The other expressed staff conceri he addressed was the mural. It is 144 feet long by 16 feet high starting at point 8 feet above the ground. This mural is a follow up to policy incorporate public art into their projects. The design is the arclitect's. H states this is not subliminal advertising nor a device to introduce an iltega sign He understands staff concerns but states this is not the case and woul like to pass the exhibit board for Commission examination Cbairman Ridgeway stated that he would like to see the exhibit first hand. Assistant City Attorney Clauson then proceeded to read the definition of th sign as they were perusing the exhibit boards. "The term `Sign' shall any media, including their structure and component parts which are used intended to be used out-of -doors to attract attention to the subject for advertising, directional or informational purposes. The area of a si shall mean the space enclosed by the outer dimensions of the sign, or, there is no border, the area shall be the space enclosed by sets of Paralle lines containing the wording or images composing the sign." Mr. Ray continued by stating that there will be sir tenants including a dq cleaner, sandwich shop, a juice club, a Mexican restaurant and orienta restaurant and a bagel or coffee shop. Commissioner Pomeroy suggested that the choice of colors as shown wl discordant. Mr. Ray answered that they have not made a decision on tlu colors as yet, that they intend the building be whimsical. The location -54- COMMISSIONERS ti w4milk\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 _-- - -RG66 - - -- CALL INDEX removed from any residential and they have the opportunity to d something unique and meritorious. He then proceeded to explain the current architecture and construction of the buildings. Commissioner Gifford asked for an orientation of the renderings for ft Staples sign. Chris Decoder, Signage Solutions, 1336 Alex Street, Anaheim spoke t Commission and explained the renderings showing the location of the various proposed signs. These signs are proposed on three sides of Ow building. The Staples sign will be 60" for all three elevations; the eas elevation will also include a secondary signage; the corrugated one wid several tenants listed will be integrated as part of the building each sigi approximately 7 sq. ft in area. Commissioner Ridgeway stated that this is a most aggressive sign progran with 5 ft. letters on three sides of a building; a monument sign that is 20 fee high with letters 1T'. Commissioner Kranaley commented that the building itself is a sign ju from the way it looks. This building attracts attention in and of itself witt the colors and he stated that with the big sign on MacArthur, thinks it migh be too much. There is nothing like that in the area, the building and cold are a statement. Mr. Deruder stated that the color might be a pale yellow to coordinate with the building pallet and also in the structure itself. All the signage done fo the tenants lends itself to a more iconic signage that is interactive to kook at It portrays better what a tenant is all about. Commissioner Adams asked why an exception to the sign ordinance shout be considered by the Commission. Mr. Deruder answered that in readiN what was originally planned there, calls for the size of letter that works wel for office building. This is clearly a retail development in which tenanu would not have a four inch high letter on their projects. The tenants an looking for a better signage opportunity. The texture, colon: and have been developed with upscale materials. -55- �l COMMISSIONERS CITY OF NEWPORT BEACH 1� MINUTES December 7, 1995 CALL INDE Chairman Ridgeway asked for a clarification of the reason for these 5 fl letters that are visible from a distance away. This project is within a trade area that knows Staples will be there, there are no sight distances that are that far away. This is notjust identity, people know its there. Mr. Deruder explained that the use of these signs is within the scale of th project itself He affirmed, when questioned, that when he designed dx Staples he was aware of the city code regarding signs. He also conceded th size of the Laguna Miguel signs for Wal Mart/Mervyns sign criteria was feet high with the frontage on Alicia Parkway on an IS+ acre center. Chairman Ridgeway affirmed this sign criteria is overly aggressive and is toc much. He suggests that with the architectural statement on the buildings lot of the, identity could be accomplished with less. There are too mm signs that are too large. The large pylon sign on MacArthur Boulevard i out of character with the entire street. There is too much signage. Mr. Ray stated that Staples intends to be open the next week. He is askmE for some agreement with that signage. He is willing to make a nem application for the balance of the signage, but is asking that Staples signage be addressed tonight. - Commissioner Pomeroy stated that he is prepared to make a decision on dx building signs, he has a problem with the monument sign because of Ox scale and that it is so different from everything else on MacArffiw Boulevard. A lot of time has been spent in discussion for signs to be kepi on the same scale. Commissioner Gifford stated that since there is not a lot of visual cluft that exists in that area, the sign program proposed is rather extensive. Slu does not feel that there is a need to compete for someone's attention in tha area. She would like to know what could be done for identification fo Staples under the existing program Two of the three proposed Staples wal signs are within the existing program and would not require Commissio action. -56- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1945 _-- RD CALL --INDEX- Staff answered that two of the Staples signs are consistent with the code written. It is up to the Commission to determine the height of the letters bu the signs on the Staples building themselves are not an issue with staff. Commissioner Selich asked if the sign regulation for the Newport Plaxim Community was the same as that in the zoning code. Are we looking for modification for those regulations or for signage that is in excess of w the standard requirements would be if this was in a commercial zone. Staff answered that we are looking at modifications required since the Sr program proposed is not consistent with the provisions of the Newport text. This sign program is more than what our sign program allows becaxw there is more than one monument or pole sign on a single side. For instancA the pole sign standard in commercial district is 20 feet so the larger Stapl sign probably could be permitted. The City has a very liberal sign code. Commissioner Thomson agrees that this is way out of proportion with thA main identification signs and they are going to have to open this place up He proposes a compromise to put up the two smaller signs that are it compliance with the rules. Chairman Ridgeway stated.that.they are suggesting approval of the signs. Staples is free standing and they are within the sign criteria wi coming for discretionary approval. Since they are re questing signage o three facades when they are limited to two facades only It is a unique ' and offers frontages in many different directions. He suggested that applicant erect two of the wall signs and come in with a request for a ' sign. Dtion * Motion was made for approval of the three wall signs on the Staples ston as submitted and a continuance of the monument and shop signs and tlx mural to the next Planning Commission meeting on January 4, 1996. Commissioner Adams stated that if they are going to come back, other issues should be discussed such as the mural. They may come back with program that addresses our concerns on the free standing signs and ther someone may decide they do not like the mural on it. -57- 1�0 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 Rott CALL INDEX Commissioner Pomeroy stated that he likes the idea of the mural, but, d not like the big monument sign citing that it is too big and out of place anc needs to be adjusted. He is concerned with the colors as they are out character. Commissioner Kranzley commented on the art of the mural. Assistant City Attorney Clauson stated that one of the decisions the commission needs to make is if the mural falls within the definition of signs With no architectural review, if it is determined not to be a sign then it is art There is no provision in the code to regulate murals. Mr. Sanderson stated that there is no subliminal message in this mural brands or products. The artist developed this image and was not intendec to be an advertising vehicle. It is intended to be art. Chairman Ridgeway stated it's art that suggests that you may have coffee on the premise. If you have a bagel shop, you would have coffee. Commissioner Adams stated that he likes the idea of public art on this mura but does not want to approve something that may technically be a sign an violates the code. . Commissioner KmWey questioned what would happen if the next applican comes in and wants to put up a mural that has a product in their store an . says you approved the Staples mural and there is a coffee shop in there. would become difficult to maintain the correct distinction. Commissioner Gifford agrees that in terms of the mural, she would considet that what is depicted here, whether coincidental or not is too close to whal is offered to not fall under the sign code. The idea of a mural is terrific, she would not vote for a 20 foot sign, 6 or 8 feet maybe, she would look at thi in the context of not competing with a lot of other visual clutter in the area The colors are fine. -58- �1 COMMISSIONERS 9L L FL�� CITY OF NEWPORT BEACH MINUTES December 7, 1995 MOLL- CALL INDEX Commissioner Adams also does not have a problem with the colors, lilow the architecture; and the mural image, but may have a problem with it from a precedent setting stand point. Mr. Ray stated that what he is hearing from the Commission is to come back with an image that does not relate to food service or anything else relative to a tenant within the complex, the monument sign on MacArthur' too tall and the signs on the fin on the south side are too large at 28" or 307'. Ms Clauson reiterated that if the mural is determined to be a sign than it can be approved as a sign as part of the modification. Chairman Ridgeway stated that a site plan needs to show the presentation o the signs fronting MacArthur Boulevard, Corinthian Way and Birch Street. MOTION CARRIED. 1. That the proposed development is consistent with the General Plan and that the height, size and number of the proposed signs, as approved fix the the Staples -building, is compatible with the general commercial uses on the site, as well as with the surrounding neighborhood. 2. That the sign program for the Staples building, as approved, is a logical use of the property that would be precluded by strict application of the sign requirements for the district. 3. That this project has been reviewed, and it has been determined exempt from the requirements of the California Environmental Quality Act (CEQA) under Class I I (Accessory Structures). 4. The approval of Modification No. 4376 will not under the circumstances of the case be detrimental to the health, safety, peace morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City .59_ 1`� COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 -R CALL - INDEX and further that the proposed modification related to the proposm signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approvec site plan and elevations, except as noted below. 2. That the approval is for the wall signs for the Staples building only depicted on the approved plans. 3. That the Planning Commission may add to or modify conditions o approval to this Modification or recommend to the City Council the revocation of this Modification, upon a determination that the operalior which is the subject of this Modification, causes injury, or is detrimenta to the health, safety, peace, morals, comfort, or general welfare of tht community. 4. That this Modification shall expire unless exercised within 24 mom from the date of approval as specified in Section 20.80.090A of th Newport Beach Municipal Code. rss SUBJECT: General Plan Amendment No. 95 -1(A) and item 10 Local Coastal Program Land Use Plan Amendment No. 41 GPA 95 -1 (A) LCPLUP Amend the Land Use Element of the General Plan and the Local Coasta A No. 41 Program Land Use Plan to (1) Redesignate a residual parcel locate don th northeast comer of the intersection of west Coast I3'ighway and Superio Approved Avenue from Goverment., Educational, and Institutional Facilities Recreational and Environmental Open Space; (2) add an area descriptior for the CalTrans Residual Parcel; and (3) increase the residential development allocation for the CalTrans West property by 8 dwelling to a total of 160 dwelling units. -60- l� COMMISSIONERS �yo X90 CITY OF NEWPORT BEACH MINUTES January 4, 1996 CALLL — CALL NDEX SUBJECT: Sanderson J. Ray Development - Corinthian stem No. 3 4343 MacArthur Boulevard . Modification No. 4376 M No. 4376 Establishment of a sign program in conjunction with the construction o approved a new commercial center, on property located in the Newport Place Planned Community District. Staff stated that this is a continued public hearing on a proposed sign program which was considered at the last meeting. The applicant has submitted modifications to the proposed sign program which has been discussed in the staff report. Staff was available for questions. Commissioner Adams asked staff if the mural issue had been interpreted to be a sign? Staff indicated that it is up to the Commission to make this determination. The language to help make that determination has been included in the staff report. The options are: it is a sign and the Commission would have to approve or disapprove it, or, it is a mural, an architectural feature, part of the project and there would be no conditions needed for it. It was suggested in the staff report that a proposed condition be added which will limit the mural to a depiction not representative of goods or services rendered on -site. It is staffs recommendation that the commission make a determination. Commissioner Gifford asked, rather than making a condition that something else could be placed there, they do not need Commission permission if it is not a sign. Assistant City Attorney Clauson stated if the Commission determines what is proposed is a sign and it is not approved, it would be up to the applicant to put something else up. Public Hearing was opened. 1W. James W. Ray, Sanderson-J. Ray Development, 2699 White Road, Irvine - spoke to the Commission stating that he did three things as a result of the outcome of the last meeting: reduce the height of the monument signs; signs that face northbound MacArthur will be reduced -11- 0�� COMMISSIONERS F � CITY OF NEWPORT BEACH MINUTES January 4, 1996 — ROLL — CALL INDEX in size on the sign area and, that expressed concerns of the content of the mural will be addressed. Mr. Ray compared the monument signs to others m the area and said that there are 20 foot high signs and he is proposing either12 or 15 foot high sign. Regarding the signs that face northbound MacArthur traffic, he concluded that by going from 28 inches to 20 inches, the Commission concerns would be satisfied, as a result they have instructed their people to relocate certain electrical outlets that serve the signs and reduce the sign area proportionately. As for the mural, if the Commission would like the applicant to come back for their review of the art work, he would have no hesitation in doing SO. Discussion ensued regarding sign versus mural with subliminal advertisement in the use of shapes and colors; recommendations of change(s); signage use; fighting and variations of tenant signs. Public Hearing was closed. Commissioner Selich stated that given the character of the architecture and what is happening on the site, he agrees with the recommendations of staff as being reasonable. As far as the mural goes, we should address this and let the applicant paint what he wants. If it becomes or is representative of a sign, then the Code Enforcement officer will see that and there will be a problem. It will then be addressed within the proper channels. Commissioner Pomeroy concurs with the comments and agrees with the proposals that they are in character with the architecture. If a problem is determined, then the applicant will be called back by the Commission and the sign will be painted over. Commissioner Gifford stated that there is a specific proposal before the Commission, we are charged with finding a fact as to whether or not it is a sign, given the definition. As to any other unspecified sign the applicant might come up with, it is not our duty to attempt to guess or predict whether it might be a sign or not. We are, however,.obligated to make a determination as to this particular one. .12_ �1 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 4, 1996 —ROLL. CALL — INDEX Discussion continued on the merits of the applications. Staff recommended that the Commission vote on the issue of this mural. If i constitutes a sign, then the Commission has to be determined to allo or deny it as an exception to the sign regulation. If the feeling that this mural depicts products that are sold within the complex and therefore falls within the definition of a sign, then Commission needs to determine if it is to be allowed. Murals are allowed. The City has neither architectural nor design review with regards to murals. Commissioner Thomson asked that all of these issues be considered separately. As a result, the Commission then took straw votes with in depth prior discussion to determine the final vote and its wording. Staff was involved with this discussion explaining the staff recommendatio of sign measurements referring to the exhibits on the wall. Public Hearing was re- opened. Mr. Ray reiterated that the mural will be an image that will no incorporate goods or services which will be offered in.the. center. . Mr. Chris DeRuyter, "Signage Solutions" 1336 Alex Street, Anaheim spoke on the issue of sign heights. None of the signs in this center are ft high due to the fact that an adequate message for the tenant mix with a base area needed for some type of shrubbery and/or annual color to make these signs look attractive, takes up at least two feet of the sign. Now, the messages would be crammed within a two foot area. Maximum visible impact ratio is for every inch you see 25 feet. With 18 inch high letters, the maximum visible. impact would be 450 feet. Most of the criteria within Newport Beach is a maximum letter height of 2 inches. He then clarified that there are signs on the tower for the tenants with the exception of Staples, there are three signs on Staple building and there are individual signs on each of the tenant buildings over the entrance which can be seen from south bound MacArthur. The goal of the monument sign is that Staples has to, as part of their lease -13- ✓L o COMMISSIONERS NNIARW CITY OF NEWPORT BEACH MINUTES January 4, 1996 - -ROLL— CALL INDEX agreement, be on the monuments and their proportions on MacArthur be 601/6 and on Corinthian be 40%. Attention to the whole design including the mural and the signage and the iconic signage that the tenants will be doing, is an overall sign program which fits for this specific use for this retail center. It is an interactive play by each component. The lease agreement with Staples as relayed by Mr. Ray provides, if he is successful in obtaining a monument sign, that Staples would be entitled to 60% of the sign area on MacArthur. It also provides that technically Staples can cancel the lease if the monument is not approved. Public Hearing was closed. Commission then took straw votes on the various issues. • The Planning Commission has determined that the proposed mural is a sign and an exception is not granted. • The pylon sign facing MacArthur Boulevard be a maximum of 12 feet in height as depicted on the alternative exhibit. • The secondary pylon sign will be 6 feet high on Corinthian as depicted in the original exhibit. • The multi -tenant identification wall sign facing Corinthian will be 18 inch high letters with a 10 foot width. Motion Motion was made to approve Modification No. 4376. MOTION Ayes * * * * * CARRIED - 6 Ayes, I No. No * F- din s 1. That the proposed development is consistent with the General Plan and that the height, size and number of the proposed signs, as approved, is compatible with the general commercial uses on the site, as well as with the surrounding neighborhood. -14- COMMISSIONERS b" M \R Ilk \ CIT Y OF NEWPORT BEACH MINUTES January 4, 1996 -ROLL— CALL _ -TNDEX- 2. That the sign program, as approved, is a logical use of the property that would be precluded by strict application of the sign requirements for the district. 3. That this project has been reviewed, and it has been determined exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 11 (Accessory Structures). 4. The approval of Modification No. 4376 will not, under the circumstances of the case be detrimental to the ha&k safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and fiulher that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan and elevations, accept as noted below. 2. That the height of the pylon sign on MacArthur Boulevard shall be a . maximum of 12 feet; the tenant identification wall shall be limited tent 18 inches in height and 10 feet in width for each tenant; and that the mural as presented to the Planning Commission constitutes a sign and is not permitted. 3. That the final location of the monument signs shall be reviewed and approved by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 4. That the Planning Commission may add to or modify conditions of approval to this Modification or recommend to the City Council the revocation of this Modification, upon a determination that the operation which is the subject of this Modification, causes injury, or is detrimental to the health, safety, peace morals, comfort, or general welfare of the community. -15- COMMISSIONERS tO2 � k� CITY OF NEWPORT BEACH MINUTES January 4, 1996 -ROL-L - - J CALL NDEX 5. That this Modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. s�• SUBJECT: Armstrong's Nursery (Russell Fluter, item No. 4 applicant) 1500 East Coast Highway • General Plan Amendment No. 93-3 (A) GPA 93 -3 (A) LCPA No. 44 • Local Coastal Plan Amendment No. 44 • Amendment No. 840 A No. 840 Redesignate the property for Retail and Service Commercial use and Recommended establish the permitted intensity of development; and to amend for Approval Districting Map No. 48 to rezone the property from the "U" District (Unclassified) to the "RSC [10,000 sf]" District (Retail and Service Commercial). Chairman Ridgeway stepped down from the dais because of a possible conflict of interest as he is a partner with the applicant on another transaction. Staff reported that this is a request to amend the Newport Beach General Plan, the Local Coastal Program Land Use Plan and to amen the zoning for the subject property. Currently the property is occupied by Armstrong's Nursery. The request is to increase the permitted development level from 5,000 to 10,000 square feet. As noted, the intensity of the entitlement is consistent with other office and retail development in the Newport Center area and as such staff has no problems with the request. You did receive in your packet, correspondence from the current tenant of the property objecting to the application. You have also received tonight a letter from the property owner indicating their rational for the request. Staff was available fo questions. The 5,000 square foot level was established to acknowledge -16- d��